General Conditions of Sale Web – CAR LOVERS
Version posted online on 06/21/2024
1. Scope
These General Conditions of Sale (hereinafter the “CGV”) apply without restriction or reservation to all sales concluded between the company CAR LOVERS HOLDING, a simplified joint stock company with capital of €86,493,000.00, of which the head office is located at 1, rue Jacques Grand, 28630 Nogent-le-Phaye, registered in the Chartres Trade and Companies Register under number 844 752 089 (hereinafter the “Seller”), and any person using the site www .car-lovers.com (hereinafter the “Site”) and wishing to make a purchase via it (hereinafter the “Customer”). Any use of the Site's services or any order implies prior, full and complete acceptance of these General Terms and Conditions. These are intended in particular to describe the conditions of Order, payment, delivery of the Products as well as the guarantees attached to the Products sold on the Site.
These General Terms and Conditions are accessible at any time on the Site. They may be subject to modification by the Seller. The T&Cs thus modified are enforceable against the Customer from their posting online, for Products ordered from this posting online.
The Customer declares, prior to his Order, to have full legal capacity allowing him to engage in and conclude any sale on the Site.
The general conditions of sale in stores or through other distribution and marketing channels are subject to different conditions.
2. Definitions
The following terms have, in these General Terms and Conditions, the following meaning:
Client(s) : refers without distinction to the Consumer Client and the Professional Client, unless otherwise specified.
Consumer Customer : means any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, placing an Order on the Site.
Professional Customer : means any natural or legal person having the status of professional, placing an Order on the Site, and who acts for professional purposes.
Order : designates an order placed by a Customer on the Site including any Product and service (e.g. delivery) requested by the Customer.
Parties : refers together to the Seller and the Customer.
Product(s) : refers to the Products offered for sale on the Site.
Site : designates the site accessible at the address www.car-lovers.com
User : refers to any person who browses the Site.
3. Orders
3.1 Product Characteristics
The Seller undertakes to present the essential characteristics of the Products on each product page as well as the information required under applicable law.
The Customer acknowledges having read all the information carefully before placing an order on the Site and having verified the suitability of the Products to his needs.
3.2 Order procedure
To place an Order on the Site, the Customer must follow the following steps:
- Add the desired Product to the basket;
- Log in to your customer account or choose to place your order in “guest” mode;
- Enter the delivery and billing address if this is different from the delivery address;
- Choose the desired delivery method from those offered on the Site;
- Check the details of your Order (quantity, reference, customization options if applicable), the total price indicated (delivery costs included) and the accuracy of the delivery address provided;
- Read and accept these General Terms and Conditions and the confidentiality policy;
- Proceed to payment in the secure payment area.
Once the steps described above have been completed and payment validated, the Customer will receive an email confirming that their Order has been taken into account.
The information and personal data collected as part of the order process are subject to computerized processing by the Seller, in accordance with the provisions of article 11 of these General Terms and Conditions.
3.3 Price and payment
The prices displayed on the Site include value added tax. Any change in the applicable rate may impact the price of the Products from the date the new rate comes into effect.
Delivery costs are added to the price of the Product.
The price applicable to the order is that indicated on the Site on the date on which the order is placed by the Customer.
Payments can only be made by credit card via Stripe (Visa, Mastercard, American Express, other credit cards).
The Seller reserves the right to ask the Customer to prove their identity during payment as well as their ability to bind the company for which they are contracting, if applicable. If the requested supporting documents are not received, the Seller reserves the right to cancel the Order concerned.
The Seller will not be required to deliver any Product ordered by the Customer if the latter does not pay in full or in part the price of the order. In the event of a payment incident, the Seller may suspend or cancel the Order. The Seller also reserves the right to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Any delay in the payment of an Order placed by a Professional Customer automatically entails, on the day following the payment due date, the application of late payment interest in an amount equivalent to three times the rate of payment. legal interest as well as a lump sum compensation for recovery costs in the amount of 40 euros. When the recovery costs incurred are greater than the amount of this compensation, the Seller may request additional compensation upon presentation of supporting documents.
4. Delivery or collection of the Product
The Seller informs the Customer of the delivery time or the estimated delivery date before validation of the Order.
The delivery times indicated are calculated in working days (Monday to Friday, excluding public holidays). They run from the date of receipt by the Customer of a confirmation email that their Order has been taken into account.
The Seller cannot be held liable if the delivery delay is due to a case of force majeure as defined in article 9.2.
Upon delivery of the Product, the Customer must carry out all necessary checks which will enable him to confirm compliance of the delivery with the Order. If the Customer notices anomalies, he must inform the Seller as soon as possible. In the absence of reservations made by the Customer, the delivery will be deemed to comply with the Order, subject to the implementation of the guarantees described in article 6 below.
5. Right of withdrawal for non-personalized Products
( This right of withdrawal is not applicable
only to consumer Customers )
5.1 Modalities of exercise
The consumer Customer has, in accordance with the provisions of article L.221-18 of the Consumer Code, a period of 14 clear days to exercise his right of withdrawal from the date of receipt or withdrawal of the Product ( by him or by a third party, other than the carrier, designated by him). During this period, the Customer may return the Product, at his own expense, by attaching a copy of his invoice.
The Customer may assert his right of withdrawal by contacting the Seller within the legal deadlines via the contact form available on the Site (“Orders and returns” section). He can also complete and send the form available at the end of these General Terms and Conditions to the address of the Seller's headquarters.
5.2 Return procedure
The Customer must return the Product in perfect condition, and preferably in its original packaging, at the latest within 14 days following communication of their decision to withdraw from their purchase. The Product must not be subject to manipulations other than those allowing the Customer to assess the nature, characteristics and proper functioning of the Product.
The Customer may return the Product by post to the address indicated to him by the Seller by his own means and at his own expense, attaching a copy of the purchase invoice.
The return of the Product is at the Customer's expense if it can be returned normally by post.
The Customer bears the risks relating to the returned Product until receipt of it by the Seller.
5.3 Product Reimbursement
The Seller will reimburse the Customer for the price of the Product and standard delivery costs. Additional delivery costs for the Product, if the Customer has chosen a more expensive delivery method than the standard delivery method usually offered by the Seller, will remain the responsibility of the Customer.
The refund of the Product price will be made within a maximum period of 14 days following the date on which the Seller becomes aware of the exercise of his right of withdrawal by the Customer. The refund may, however, be deferred until receipt of the Product by the Seller or until the Customer has provided proof of shipment of the Product.
The Seller may refuse any return or hold the Customer liable in the event of depreciation of the Product resulting from handling other than that necessary to assess the nature, characteristics and proper functioning of the Product.
The refund will be made by a means of payment identical to that used by the Customer to pay for the Order.
6. Guarantees (non-professional customers)
The Customer benefits from the legal guarantee of conformity as well as the guarantee against hidden defects.
6.1 In the event of lack of conformity (articles L.217-1 to L217-32 of the Consumer Code)
The Consumer Customer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected supply period. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the Customer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience for them. If the item is repaired within the framework of the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial guarantee. If the Customer requests repair of the item, but the professional requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the item.
The Customer may obtain a reduction in the purchase price by keeping the item or end the contract by being reimbursed in full against return of the item, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the Customer, in particular when the Customer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of substitution ;
4° The non-compliance of the property persists despite the professional's unsuccessful attempt to bring it into compliance.
The Customer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The Customer is then not required to request repair or replacement of the goods beforehand.
The Customer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The professional who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code).
The Customer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect.
6.2 In the event of hidden defects (articles 1641 to 1649 of the Civil Code)
The Seller is liable for hidden defects affecting the Product resulting from a material, design or manufacturing defect affecting the Product delivered and making it unsuitable for its intended use.
When acting as a guarantee for hidden defects, the Customer:
- must act within two years following the discovery of the hidden defect;
- must prove the existence of the hidden defect;
- can choose between returning the Product and refunding the price paid or keeping the Product and requesting a reduction in the price.
The guarantee against hidden defects applies independently of any possible paid commercial guarantee contracted by the Customer with the Seller or a third party.
- Terms of implementation of legal guarantees
In order to implement a guarantee, the Customer must contact, within the required legal deadlines, the Seller's customer service, the contact details of which are specified in article 8 below.
6.4 Warranty exclusions
Under no circumstances can the Seller be held liable in the event that the defect noted is consecutive to:
- Abnormal, incompatible or non-compliant use with the nature of the Product by the end user;
- Failure to follow maintenance and cleaning recommendations;
- Normal wear and tear of the Product;
- In a case of force majeure in accordance with article 9.2 below;
- A modification made to the Product by any person other than the Seller.
7. Guarantees (professional customers)
7.1 Guarantee of compliant delivery
Any complaint relating to apparent defects in the Product upon delivery must be, under penalty of foreclosure, made in writing and notified to the Seller by the professional Customer within seven (7) calendar days following delivery of the Product. The Seller reserves the right to refuse any complaint received after this period.
It is the responsibility of the Professional Customer to provide all supporting documents as to the reality of the apparent non-compliance of the Product or any missing Product.
In the event of non-compliance duly proven by the Professional Customer, the Seller will, at its sole discretion, either repair the Product, replace it, or reimburse it.
7.2 Guarantees against hidden defects
Provided that he is not of the same specialty as the Seller, the professional Customer benefits from the guarantee against hidden defects under the same conditions as the consumer Customer (article 6.2).
8. Customer Service
For any information, questions or complaints, Customer Service can be reached:
- Via the contact form available on the Site;
- By email: eshop@car-lovers.com.
9. Responsibilities
9.1 The Customer is required to verify the completeness and veracity of the information he provides to the Seller when placing the Order and in particular the delivery address. The Seller cannot be held responsible for any delay or delivery error resulting from an entry error made by the Customer.
9.2 The Seller cannot be held responsible if the non-performance or delay in the performance of any of its obligations as described herein results from a case of force majeure within the meaning of article 1218 of the Code civil law and applicable case law.
The following events constitute a case of force majeure, in particular:
- Wars, riots, revolutions, embargo;
- Strikes;
- Exceptional health or climatic hazards;
- Epidemic and pandemic understood as the development and spread of a disease on the national territory or on the territory of any country from which the raw material necessary for the manufacture of the Products comes;
- Measures prohibiting and restricting the movement of people and vehicles;
- Failure of a carrier;
- Shortages of raw materials or any other element necessary for the manufacture of the Products;
- Computer virus or cyber attack.
In the event of the occurrence of a case of force majeure, the Seller will inform the Customer of its inability to perform its obligations. The suspension of obligations cannot under any circumstances be a cause of liability for non-execution or delay in the execution of the obligation concerned, nor lead to the payment of damages or late payment penalties.
Performance of the obligation is suspended for the entire duration of the force majeure if it is temporary, and does not exceed a duration of thirty days. Consequently, as soon as the cause for the suspension of its obligations disappears, the Seller will make its best efforts to resume the normal performance of its obligations as quickly as possible.
If the impediment is permanent or exceeds a duration of thirty days, the Customer will have the possibility of terminating the sales contract.
10. Intellectual property
The Site and the elements it contains are the exclusive property of the company CAR LOVERS HOLDING or its partners. Any user of the Site is therefore prohibited from any reproduction or exploitation of the intellectual property elements contained on the Site without the express, written and prior authorization of the company CAR LOVERS HOLDING.
11. Personal data
11.1 Opposition to telephone canvassing – BLOCTEL
The Customer is informed that he can register free of charge on a list opposing telephone canvassing in order not to receive commercial prospecting.
11.2 Processing of personal data collected
The personal data collected from the Customer are subject to computer processing carried out by the company CAR LOVERS HOLDING. They are recorded in its Customers file and are essential for processing the Order. They will be kept for as long as necessary for the execution of the Order, the application of guarantees, and to allow the company CAR LOVERS HOLDING to respect its legal and regulatory obligations.
The data controller is the company CAR LOVERS HOLDING. Access to the Customer's personal data is strictly limited to employees of the data controller authorized to process them by reason of their functions. The information collected may be communicated to the service providers of the CAR LOVERS HOLDING company in charge of delivering the Order or invoicing, without the Customer's authorization being necessary. These service providers only have limited access to the data and are required to use them in accordance with the provisions of the applicable legislation regarding the protection of personal data.
With the express agreement of the Client, the company CAR LOVERS HOLDING may, directly or through its subcontractors or partners, send the Client newsletters informing them of current commercial operations and events organized by the company CAR LOVERS HOLDING.
The Customer, however, retains the option of refusing such newsletters, either by not giving consent when registering on the Site or placing the Order; either, if the Customer has given prior consent, by unsubscribing by clicking on the unsubscribe link present in each communication, or in writing by sending a letter to the address specified below.
The data collected will not be transferred outside the European Union. If they should be, the Client will be informed and the guarantees taken to secure the transfer and processing of data will be specified to the Client.
In accordance with the applicable regulations, any natural person has a right of access, rectification, erasure, and portability of their data, as well as the right to oppose the processing for legitimate reasons, rights that they can exercise by contacting the company CAR LOVERS HOLDING by sending a letter to the following address of the headquarters or by email: dpo@car-lovers.com .
12. Mediation
In accordance with articles L.612-1 et seq. of the Consumer Code, the Customer can use the MOBILIANS mediation service free of charge, to which the Seller is responsible:
- Either by internet https://www.mediateur-mobilians.fr , by completing the form dedicated to this purpose, accompanied by the documents supporting your request;
- Or by email to mediateur@mediateur-mobilians.fr
- Either by post addressed to Mr. Mediator of Mobilians, 43 bis route de Vaugirard - CS 80016 -92197 Meudon CEDEX, accompanied by documents supporting his request.
The Customer is informed that there is a European platform for online dispute resolution, in accordance with the provisions of Article 14 of EU Regulation 524/2013 which is accessible at the following link: https://ec.europa.eu/consumers /odr/
For his request to be admissible, the Customer must in particular demonstrate the following conditions:
- A prior attempt at amicable resolution of the dispute with the Seller by means of a written complaint;
- Have submitted your request to the mediator within a period of less than one year from your written complaint to the Seller.
13. Applicable law and competent jurisdiction
These general conditions of sale, the Order and all acts resulting therefrom will be interpreted and executed in accordance with French law.
The parties are invited to seek, before any dispute, a possible amicable agreement. For any complaint, the Customer can contact the company CAR LOVERS HOLDING using the contact details indicated in Article 8. The Consumer Customer may resort to mediation under the conditions of Article 12.
In the absence of an amicable agreement, any dispute of any nature relating to the Order or these general conditions of sale will fall under the exclusive jurisdiction of the French Courts.