Simplified joint stock company with capital of 229,000 €
Registered at RCS of Lille Metropole
With number 808.264.154
Headquartered at 6 allée Saint Eloi
59118 WAMBRECHIES (FRANCE)

SALE BETWEEN PROFESSIONALS ON THE INTERNET

Article 1 – Content and field of application

The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and materials offered by our company to its professional customers.

Any products order from our company implies unreserved acceptance by the customer and full and complete acceptance of these general conditions of sale which prevail over any other customer document, and in particular over all general purchase conditions, unless otherwise agreed. express exemption of our company and except special conditions agreed in writing by our company, to the purchaser.

Any document other than these general conditions of sale and in particular catalogues, prospectuses, advertisements, notices, is for guidance and informative only, and not contractual.

Our company reserves the right to derogate from certain clauses hereof, depending on the negotiations carried out with the customer, by establishing special conditions of sale.

Article 2 - 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 3 – Orders

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

The customer chooses the desired items and adds them to his basket by indicating the quantity he needs.

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

At this moment, 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, modifying or cancelling the basket and the order are no longer possible.

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

For the order to be validated, the customer must accept, by clicking on the indicated location on the website, these general conditions.

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 resolved.

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

The cancellation of the order for the product and its possible refund will then be made, the rest of the order remaining firm and final.

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 4 - 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 5 - Order confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the customer on the order form.

Article 6 - 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 7 - 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 8 – Prices

Unless otherwise agreed, the price is revised taking into account the variations in the price of raw materials between the day of the establishment of the estimate and the day of delivery.

Unless otherwise specified, sample requests are invoiced.

The shipping, dismantling and reassembly costs are the responsibility of the customer. Our company reserves the right to invoice special packaging.

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 9 – 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.

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.

Our online sales website uses the secure 3DSecure protocol, which consists of ensuring during each online payment that the card is used by its real owner.

Article 10 - Product availability

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 11 – Delivery

Delivery is made only after confirmation of payment by the banking organization of our company.

Risks transfer:

The transfer of ownership will only take place after full payment of the price by the customer, regardless of the delivery date.

The risk of loss and deterioration of the supplier's products will be transferred upon acceptance of the order form by our company.

Consequently, in the event of payment after delivery, the customer undertakes to ensure, at his expense, the products against the risks of loss and deterioration by fortuitous event by insurance for the benefit 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.



Parcel control:

The customer must indicate on the delivery note and in the form of handwritten reserves accompanied by 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.

It is the customer's responsibility, in the event of damage to the delivered goods or missing items, to make all the necessary reservations with the carrier.

Any product that has not been the subject of reservations by registered letter with acknowledgment of receipt within three (3) days of its receipt from the carrier, in accordance with Article L. 133-3 of the French Commercial Code, and a copy of which will be simultaneously sent to our company, will be considered accepted by the customer.

Reception: Without prejudice to the arrangements to be made by the customer regarding the carrier as described above, in the event of apparent defects or missing items, any complaint, whatever its nature, relating to the products delivered, will only be accepted by our company if it is done in writing, by registered letter with acknowledgment of receipt, within the period of three (3) days provided above. It is up to the customer to provide all the justifications as to the reality of the defects or missing items noted. No return of goods can be made by the customer without the prior express written consent of our company, obtained in particular by fax or e-mail. Return costs will be borne by the customer. Only the carrier chosen by our company is authorized to return the products concerned. When after checking an apparent defect or a missing one is indeed noted by our company or its agent, the customer can only ask our company for the replacement of the nonconforming articles and / or the complement to be made to fill the gaps at the expense of that here, without the customer being able to claim any compensation or the resolution of the order. The unreserved reception of the products ordered by the customer covers any visible and / or missing defect. Any reservation must be confirmed under the conditions provided above. The complaint made by the customer under the conditions and according to the methods described by this article does not suspend the payment by the customer of the goods concerned. The responsibility of our company can in no case be called into question for facts during transport, destruction, damage, loss or theft, even if it has chosen the carrier.

Suspension of deliveries: In the event of non-payment in full of an invoice which is due, after formal notice has remained ineffective within 48 hours, our company reserves the right to suspend any delivery in progress and / or to come.

Delivery subject to cash payment: All the orders that our company accepts to fulfil are, taking into account that the customer presents sufficient financial guarantees, and that he will actually pay the sums due when due, in accordance with the legislation. Also, if our company has serious or particular reasons to fear payment difficulties from the customer on the date of the order, or after it, or if the customer does not present the same guarantees as the date of acceptance of the order, our company may make the acceptance of the order or the continuation of its execution subject to cash payment or to the provision, by the customer, of guarantees for the benefit of our company. In case of refusal by the customer of cash payment, without any sufficient guarantee being offered by the latter, our company may refuse to honour the order (s) placed and to deliver the goods concerned, without the customer being able to argue about an unjustified refusal to sell, or claim any compensation.

Article 12 - 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 13 - Installation of automobile tops

When receiving the convertible soft top, the customer must compare the dimensions of the soft top received with the one to be replaced within 3 days of receipt.

In the event of observed differences, the customer must inform our company within 3 days of the finding and before any attempt at installation.

If the differences in dimensions make it impossible to fit the top, then our company will replace the product shipped. The replacement request must be made by the customer within the 3-day period specified in the previous paragraph.

In order to install the convertible soft top properly, the customer has the obligation to check the good condition of the roll bars and to ensure the correct functioning of the computer and the hydraulic system within the framework of an electrically operated convertible top.

No replacement of the delivered soft top can be requested if the vehicle on which the soft top is to be fitted has structural defects preventing the product from being fitted.

In the event of a manufacturing defect observed by our company after the fitting of an automobile soft top, labour support is possible subject to the following reservations:

- The serial number must imperatively be present on the convertible top;
- The labour invoice relating to the fitting of the top must be communicated to our company;
- The manufacturing defect was not identifiable before installation.
If the criteria are met, payment of labour costs up to €60 VAT incl. per hour up to the limit of 7 hours will be accepted.

This payment will be credited to the customer's account and the product will be replaced.

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 - Retention of title

The transfer of ownership of the products is suspended until full payment of the price thereof by the customer, in principal and accessories, even in the event of granting of payment terms. Any clause to the contrary, in particular inserted in the general purchasing conditions, is deemed unwritten, in accordance with Article L. 624-16 of the French Commercial Code.

By express agreement, our company may exercise the rights it holds under this retention of title clause, for any of its claims, on all of its products in the possession of the customer, the latter being conventionally presumed to be those unpaid, and our company will be able to take them back or claim them in compensation for all its unpaid invoices, without prejudice to its right to rescind current sales.

The customer may only resell his unpaid products within the framework of the normal operation of his business, and may in no case pledge or grant security on his unpaid stocks. In the event of non-payment, the customer will refrain from reselling his stocks up to the quantity of unpaid products.

Likewise, our company may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of its products in the possession of the customer, who already undertakes to allow free access to its warehouses, stores or others for this purpose, ensuring that product identification is always possible.

In the event of the opening of receivership or property liquidation proceedings, pending orders will be automatically cancelled, and our company reserves the right to claim the goods in stock.This clause does not prevent the risks of the goods from being transferred to the customer upon acceptance of the order.

From the delivery, the customer is made the custodian and custodian of said goods. In the event of non-payment and unless you prefer to request the full and complete execution of the sale, our company reserves the right to terminate the sale after formal notice and to claim the delivered goods, the return costs remaining at the cost of the customer and the payments made being acquired by our company as a penalty clause.

Article 16 - Product warranty

The customer takes the item as it is and waives any recourse in the event of a defect or defect against our company, regardless of the damage that this defect or defect could cause for him.

Our company is not liable for compensation outside of the legal guarantee against hidden defects and as such undertakes to replace the defective product to the exclusion of any compensation or repossession of product and reimbursement.

Our customers are professionals, the hidden defect means a defect in the product making it unfit for its use and not likely to be detected by the customer before its use. A design defect is not a hidden defect and our customers are deemed to have received all the technical information relating to our products. As necessary, it is specified that our company does not cover damage and wear resulting from a special adaptation or assembly, abnormal or not, of its products, or resulting from improper storage, defective maintenance. or failure to follow our instructions. The warranty is limited to the replacement or repair of defective parts.

In any event, our customers must prove the date of the start of use. Our warranty automatically ceases when the customer does not notify our company of the alleged defect within 6 months of delivery of the goods. It is up to him to prove the day of this discovery.

Replacements or repairs of defective parts cannot have the effect of extending the duration of the warranty.

Our company cannot be held responsible for the harmful consequences caused by the products sold to other goods and / or for any immaterial damage such as loss of customers, loss of turnover, loss of production, margin, '' action brought by a third party against the client or conviction of the latter.

No compensation for indirect damage or operating losses can be made on any grounds.

If the liability of our company were to be recognized in respect of goods supplied, the maximum amount of compensation that could be paid to our client may in no case exceed the price excluding tax paid by the client for the goods in question.

Our company can in no way be held responsible for the failure and / or malfunction of the products sold in the event of resale by our customers to third parties.

The same applies to approvals: certain parts, apart from original replacement parts, do not benefit from approval on French territory. All competition parts, such as camshaft, exhausts, large brake kit, large displacement kit, without this list being exhaustive, must be used on the racing circuit and under the full responsibility of the customer who must warn his own customers.

Article 17 - Right of withdrawal

As a professional, the customer buys as part of his profession and for the benefits of his company, thus there is no need to apply the right of withdrawal provided for by the French Consumer Code.

Article 18 - 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 19 - Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and effect.

Article 20 - 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 21 - Jurisdiction - Applicable law

These general conditions are subject to the application of French law.

Any dispute concerning the application of these general conditions of sale and their interpretation, their execution and the sales contracts concluded by our company, or the payment of the price, will be brought before the commercial court of our company’s headquarter, regardless of the place of the order, delivery, and payment and method of payment, and even in the event of a warranty claim or multiple defendants.

Any question relating to these general conditions of sale as well as to the sales they govern, which would not be dealt with by these contractual stipulations, will be governed by French law to the exclusion of all other rights.