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GENERAL SALES CONDITIONS

Simplified joint stock company with capital of 200,000 €
Registered at RCS of Lille Metropole
With number 808.264.154
Headquartered at 6 allée Saint Eloi
59118 WAMBRECHIES (FRANCE)

SALE TO CONSUMERS ON THE INTERNET

Article 1 - Entirety

These general conditions express all the obligations of the entities. In this sense, the customer is deemed to accept them without reservation.

These general conditions of sale are applied excluding all the other conditions, and especially those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the website mecatechnic.com and will prevail, where applicable, over any other version or any other contradictory document.

Our company and the client agree that these general conditions govern exclusively their relationship. Our company reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are uploaded online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Our company is a member of the « FEVAD », Fédération des Entreprises de Vente à Distance (Federation of Distance Selling Companies) and undertakes to comply with all the provisions of the consumer code relating to distance selling.

Article 2 - Content

The purpose of these general conditions of sale is to govern the relationships between our company and its consumer customers in the context of the online sale of goods offered by our company on its website.

The sale is deemed to have been concluded on the date of acceptance of the order or on immediate purchase by our company.

Before this date, these conditions of sale are made available to all customers for informational purposes.

Any order or immediate purchase implies unreserved acceptance of these general sales conditions which prevail over all other conditions, with the exception of those which have been expressly accepted by our company.

The customer declares to have taken note of these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the French Civil Code.

Article 3 - Pre-contractual information

The customer acknowledges having had communication, before placing his order and concluding the contract, in a readable and understandable way, of these general conditions of sale and of all the information listed in article L.221-5. of the French Consumer Code.

The following information is sent to him in a clear and understandable way:

- the essential characteristics of the product;
- the price of products and related costs;
- all additional costs of transport, delivery or postage and all other possible costs;
- in the absence of immediate execution of the contract, the date or the deadline at which our company undertakes to deliver the product;
- information concerning the identity of the seller, address, phone number and email contact details, and its activities;
- information concerning legal and contractual guarantees and their methods of implementation;
- the functionalities of the digital content and, where appropriate, its interoperability;
- the possibility of resorting to conventional mediation in case of claim.

Our company communicates the following information to the customer:

- its name or corporate name, the geographical address of its establishment and, if it is different, the registered office, its telephone number and its email address;
- the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for handling complaints;
- in case of a sale, the existence and the terms and conditions of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the French Consumer Code;
- the duration of the contract, when it is concluded for a fixed period, or the conditions for its termination in the event of a contract of indefinite duration.

Article 4 - Order

The customer places his order online, from the online catalogue using the form on the website.

The customer chooses the needed items and adds them into the basket selecting the quantity he needs.

After having selected all the needed items, the customer accesses to the basket where he must choose the delivery address and the delivery method. The customer must then select his method of payment.

The customer must identify himself or create his customer account.

At the end of this step, the customer is invited to validate his order. After this step, any change or cancelling of the order are no longer possible.

After having confirmed the content of his order, the customer will validate it definitively by payment.

For the validation of the order, the customer must accept, by clicking on the indicated location on the website, these general conditions, and finally confirm the method of payment. He will also have to choose the address and the delivery method.

The sale will be considered definitive:

- after sending to the customer the confirmation of the acceptance of the order by our company by email;
- and after the reception by our company of the total payment.

Any order implies acceptance of the prices and descriptions of the products available for sale.

In certain cases, in particular non-payment, incorrect address or other problem on the customer's account, the seller reserves the right to block the customer's order until the problem is solved.

In case of unavailability of an ordered product, the customer will be informed by email.

The cancellation of the order for this product and its refund will be processed, the rest of the order remain confirmed.

For any question relating to the follow-up of an order, the customer must call +33 320 683 800 from Monday to Friday from 9 a.m. to 6 p.m., or on the website: mecatechnic.com

Article 5 - Electronic signature

The online supply of the customer's bank details and the final validation of the order will constitute proof of the customer's agreement and:

- payment of the total amount due to purchase the order;
- signature and expressed acceptance of all the operations done.

In the event of fraudulent use of bank details, the customer is invited, as soon as this use is noted, to contact +33 320 683 800 from Monday to Friday from 9 a.m. to 6 p.m., or on the website: mecatechnic.com

Article 6 - Order confirmation

Our company provides the customer with a copy of the contract, on paper signed by both sides or, with the agreement of the customer, on another durable medium, confirming the express commitment of the sides.

Article 7 - Proof of the transaction

The electronic records, kept in our database under reasonable security conditions, will be considered as proof of communications, orders and payments between the sides. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

Article 8 - Product information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by our company. They are offered within the limits of available stocks.

The products are described and presented with the best possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

Article 9 - Price

Our company reserves the right to modify the prices at any time but undertakes to apply the prices indicated at the time of the ordering, subject to availability on that date.

Prices are in euros. They do not include the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected on the price of the products on the online store. The payment of the full price must be made when ordering. The amount paid cannot be considered as a deposit.

If one or more taxes or contributions, in particular environmental, were to be created or modified, increasing or decreasing, this change could be reflected on the selling price of the products.

Article 10 – Payment methods

It is an order with obligation of payment, which means that placing the order implies a payment of the customer.

To pay his order, the customer has the choice of all the payment methods available for him and listed below. The customer guarantees to our company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. Our company reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by bank card from officially accredited bodies or in the event of non-payment.

Our company reserves the right in particular to refuse to make a delivery or to honour an order from a customer who has not fully or partially paid a previous order or with whom a payment claim is being administered.

As part of this verification, the customer may be asked to send the seller by fax a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by our company of the parts sent.

Payments made by the customer will only be considered final after actual receipt of the amount by our company.

Payment methods:

Full payment is made at the time of purchase, without discount, including for items that are not on stock and require lead time.

Depending on his delivery address, the customer can make his payment:

- by bank card (cash)
- by PayPal account or by credit cards via PayPal
- by bank transfer (the order is then validated upon receipt of the amount of the order on our bank account, the information to make the transfer is available on the order confirmation email sent to the Customer)

- by other payment methods, depending on the place of destination.

Any payment incident will imply the cancellation of the order, and the possibility for the company to refuse subsequent orders if a claim with the customer remains.

Likewise, any suspicion of fraud by means of payment will lead to the blocking of the order and possible cancellation of the order if the fraud is proven.

Secure payments:

Some orders may be subject to additional checks. Thus, various supporting documents may be requested to the Customer (Identity card, proof of address, etc.).

The processing of the order will begin upon receipt of the requested documents. Failure to receive these documents will result in the cancellation of the order.

The website mecatechnic.com also uses the secure 3DSecure protocol which consists in ensuring, during each online payment, that the card is used by its real holder.

Article 11 - Product availability - Refund - Resolution

Except in cases of force majeure or during the closing period of the online store which will be clearly announced on the home page of the site, the shipping time will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France, the deadline is specified below.

In the event of non-compliance with the agreed delivery date or deadline, the customer must, before terminating the contract, order the seller to perform it within a reasonable additional period.

In absence of performance at the expiration of this new period, the customer may freely terminate the contract.

The customer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable way.

The contract will be considered as terminated upon receipt by our company of the letter or writing informing it of this termination, unless the professional has performed in the meantime.

In this case, when the contract is terminated, our company is required to refund the customer for the total amount paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the customer will be informed as soon as possible and will have the possibility of cancelling his order. The customer will then have the choice of requesting either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 - Delivery conditions

Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the banking organization of our company.

Places of delivery:
The customer has the choice between a delivery in “Point Relais” ® Mondial Relay and post office (for metropolitan France, Belgium, Germany, Spain and Luxembourg) or to the delivery address indicated when ordering (the Customer is asked to verify the accuracy of the address provided).
Any package returned to our company because of an incorrect or incomplete delivery address will be reshipped at the customer's expense. The customer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
Any shipment outside the European Economic Area may generate additional and variable customs costs. Our company is in no way responsible for these costs which will be borne by the customer.

Modes of transport:
- La Poste (French local post office)
- TNT
- Mondial Relay (For France, Belgium, , Germany, Spain and Luxembourg)
- Geodis/Calberson
Indicative transport times:
Average times noted on shipments of products in stock. In no case does this constitute a delivery commitment on our part. An additional delivery time may be required by the carrier without this being attributable to our company.

In the event of delay, our company cannot be held responsible for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever can be claimed by the customer.Transport times are given in hours (h) and working days (d).
In addition to these, there is a one-day delay in preparing the order when the Customer's payment is validated.



The products are delivered to the address indicated by the customer on the order form, the customer must ensure its accuracy. Any package returned to our company because of an incorrect or incomplete delivery address will be reshipped at the customer's expense. The customer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the customer is absent on the day of delivery, the delivery man will leave a notice of passage in the letterbox, which will allow the customer to collect the parcel at the place and during the time indicated.If at the time of delivery, the original packaging is damaged, torn or open, the customer must check the condition of the items. If they have been damaged, the customer must refuse the parcel and express reservations on the delivery slip (parcel refused because opened or damaged).

The customer must indicate on the delivery note and in the form of handwritten reserves with his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products ...).
This verification is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery slip.

The customer must then confirm these reservations to the carrier by registered mail at the latest within three working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made after this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 - Delivery errors

The customer must formulate to the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the indications. appearing on the order form. Any complaint made after this deadline will be rejected.
The complaint can be made, at the choice of the customer:

- telephone number: +33 320 683 800 from Monday to Friday from 9 a.m. to 6 p.m.
- on the website: mecatechnic.com

Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release our company from any liability towards the customer.

The return costs are at the customer's expense.

Article 14 - Material on deposit

When ordering an item subject to a deposit, a lump sum for this is automatically added to the customer's basket.

To benefit from the reimbursement of the lump sum, the customer must return their old item.The returned part must be complete and identical to the product in exchange.

Old materials corresponding to goods (alternators, starters, transmissions, etc.) subject to invoiced deposits, not returned within six months from the date of delivery, will be considered as sold definitively.

Article 15 – Risks Transfer

Any risk of loss or damage to goods is transferred to the customer when the latter or a third party designated by him, and other than the carrier takes physical possession of these goods.

Article 16 – Guarantees

Mecatechnic (6, Allée St Eloi, CS 80002, 59874 WAMBRECHIES Cedex) guarantees the conformity of the goods with the contract, allowing the customer to make a request under the legal guarantee of conformity provided for in articles L.217-4 and following of the French Consumer Code or the warranty against defects in the item sold within the meaning of Articles 1641 and following of the French Civil Code.

When this is expressly specified, the products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods.

In any event, it does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

The possible commercial guarantee does not exclude the application of the legal guarantee of conformity of article L.217-4 of the consumer code and of the guarantee of defects of the thing sold of articles 1641 and following of the French Civil Code.

The customer benefits from the legal guarantee of conformity. As part of its implementation, it should be recalled that:

- the customer has a period of 2 years from the delivery of the goods to act;
- the customer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- the customer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.

In addition, it is necessary to remind that:

- the legal guarantee of conformity applies regardless of the possible commercial guarantee indicated above;
- the customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the French Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the French Civil Code.

Article 17 - Reception of automobile convertible tops

1 - CONTROL OF RECEPTION:

- Without prejudice to the provisions described above, the customer must ensure that he have received the soft top he ordered (as mentioned on the order form) within 48 hours following receipt of the item and make any claim within the same period to our company, when appropriate.

No item showing traces of glue or traces of installation will be returned.

- Upon receipt, the customer must unfold the soft top and let it stretched in a temperature close to 20 ° C.

- If the soft top does not have the same accessories as the original soft top, the customer must take this into account when reassembling.

2 - CHECKING THE STATE OF THE CLOSING HANDLES:

- The customer must check that the handles are not split within 48 hours following receipt and make any claim within the same period to our company.

For information, it is specified that when fitting the new soft top, the tensioning is always difficult and requires significant traction on the handles. This traction will decrease very quickly when the top has taken its place.

3 - ELECTRIC soft-top:

BEFORE DISASSEMBLY

- The customer must check that the system is perfectly working, that the oil level is sufficient and that the battery is well charged.

BEFORE REASSEMBLY (soft-top removed):

The client will have to:

- Check the operation of the hoop.
- Clean and lubricate all the axles.
- Change all the rubber bands that are loose.
- Check that the various arches fold normally in the convertible top compartment when converting the top.

If necessary, the customer will have to change all the straps.

If these instructions are not followed, the arch may bore holes in the soft-top. In this case, no guarantee will be due by our company.

Article 18 - Right of withdrawal

In accordance with the provisions of the French Consumer Code, the customer has 14 working days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, except for return costs which remain the responsibility of the customer.

The products must however be returned in their original packaging and in perfect condition within 14 days of notification to the seller of the customer's decision to withdraw.

Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on the website mecatechnic.com. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the customer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.

 If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the delivery costs are reimbursed.

Return costs are the responsibility of the customer.

The exchange (subject to availability) or the refund will be made within 14 days following receipt by our company of the products returned by the customer under the conditions provided above.

In accordance with article L.221-28 of the French Consumer Code, orders made to customer specifications or clearly personalized and cut-out items are neither returned nor exchanged and the right of withdrawal is not applicable for these products.

Article 19 - Force majeure

In the event of the occurrence of an event beyond the control of our company preventing or delaying the execution of the delivery and in particular in the event of force majeure, lack of raw materials, unforeseen difficulties in production, limitation or stoppage production, difficulties with subcontractors or suppliers, strikes, economic or political disruption by an event such as war, embargo, epidemic or transport difficulties, delivery times will be lengthened in result.

In these cases, our company will be entitled to terminate the contract as of right, without carrying out any legal formalities, by simple registered letter with acknowledgment of receipt.

Article 20 - Intellectual property

All technical documents, products, photographs given to our customers remain the exclusive property of our company, the sole holder of the intellectual property rights on these documents, and must be returned to it at its request.

Our customers undertake not to make any use of these documents, which may infringe the industrial or intellectual property rights of our company and undertake not to disclose them to any third party.

As such, the customer is prohibited directly or indirectly: from using any element of the plans, diagrams, recommendation documents, catalogues, brochures, instructions, patents, product listing, forms of packaging; to carry out any total or partial reproduction and / or any adaptation of these elements; to communicate to third parties all the information communicated or the elements transmitted by our company.

Article 21 – Mediation

In accordance with the law of January 1, 2016 (articles L.211-3 and L.616-1 of the Consumer Code), MECATECHNIC is a member of FEVAD.

As a consumer and in the event of a dispute, you have the option of using a mediation system which will assist you in resolving this dispute. Here is the link to access it: https://www.mediateurfevad.fr/

At European level, the European Commission provides you with an online dispute resolution platform. Here is the link to access it:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Article 22 - Competent court

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which would not have could be resolved amicably between our company and the customer, will be submitted to the competent courts under the conditions of common law.

For the definition of the competent court, our company elects domicile at 6, Allée St Eloi, CS 80002, 59874 WAMBRECHIES Cedex.

Article 23 - Language of the contract

These general sale conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 24- Protection of personal data

Collection of personal data

The personal data that is collected on this site (or "Platform") are as follows:

Account opening

When creating the user's account, their last name, first name, email address and date of birth.

Log in

When the user connects to the Platform, it records, in particular, his surname, first name, log in information and location data and his payment data.

Profile

The use of the services provided on the Platform makes it possible to fill in a profile, which may include an address and a telephone number.

Payment

As part of the payment for products and services offered on the Platform, it records financial data relating to the user's bank account or credit card.

Communication

When the Platform is used to communicate with other members, the data concerning the user's communications are temporarily stored.

Cookies

Cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the services of the Platform, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

- access and use of the Platform by the user;
- management of the operation and optimization of the Platform;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the Platform;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending of commercial and advertising information, according to the preferences of the user.

Sharing personal data with third parties

Personal data may be shared with other companies in the following cases:

- when the user uses payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes information accessible to the public in the free comment areas of the Platform;
- when the user authorizes the website of a third party to access his data;
- when the Platform uses the services of providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff;
- if the law requires it, the Platform can carry out the transmission of data to follow up the complaints presented against the Platform and to comply with the administrative and legal procedures;
- if the Platform is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

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

Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights:

- they can update or delete data concerning them by logging into their account and configuring the parameters of this account;
- they can delete their account, by writing to the following email address: dpo@mecatechnic.com It should be noted that information shared with other users, such as posts on forums, may remain visible to the public on the Platform even after deleting their account;
- they can exercise their right of access, to know their personal data, by writing to the following email address: dpo@mecatechnic.com. In this case, before the implementation of this right, the Platform may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the Platform are inaccurate, they can request the updating of the information, by writing to the following email address: dpo@mecatechnic.com;
- users can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: dpo@mecatechnic.com.

Evolution of this clause

The Platform reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the Platform undertakes to publish the new version on its site. The Platform will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

APPENDICES

APPENDIX 1: PROVISIONS RELATING TO LEGAL GUARANTEES
Legal guarantee of conformity - Legal guarantee against hidden defects
Article L217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L217-5 of the Consumer Code

The good conforms to the contract:

1 ° If it is suitable for the use usually expected of a similar good and, if applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

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

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity lapses two years after delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.

Article 1648 of the Civil Code, paragraph 1

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