GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by an Internet user / natural person (hereinafter the “CUSTOMER”) on the website www.mfperformance.fr (hereinafter -after the “SITE”) with SHOPAFFAIRE, registered in the trade and companies register
under number 883006637, with its head office at 11 rue JB COROT,
email: firstname.lastname@example.org (hereinafter the “SELLER”).
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.
All parts sold on the site are reserved for competition and are strictly prohibited on the road.
The photos on the site are for informational purposes and not contractual! For more information please contact us.
Article 1. Definitions
The terms used below have, in these General Conditions, the following meaning:
- “CUSTOMER”: designates the co-contractor of the SELLER, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
- “DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
- “PRODUCTS”: refers to all the products available on the SITE.
- “TERRITORY”: designates Metropolitan FRANCE (excluding DOM/TOM).
Article 2. Object
These General Conditions govern the sale by the SELLER of the PRODUCTS to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions
Article 3. Acceptance of general conditions
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before paying for an order for PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if he is a minor, be able to provide proof of the agreement of his legal representatives.
The CUSTOMER will be asked to provide information allowing them to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. DELIVERIES can be tracked, where applicable, using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, at email@example.com, in order to obtain information on the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Commands
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions ).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in France.
Article 5.2Order procedure
ORDERS FOR PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).
5.21 Selection of PRODUCTS and purchasing options
The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to their basket as they wish.
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or register.
Once the CUSTOMER has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to their attention summarizing the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating his content.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
5.23 Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
During the order procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CUSTOMER must then specify the chosen payment method.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3 Order date
The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros, all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the address DELIVERY and the carrier or mode of transport chosen).
Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER'S suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
5.5 Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER's request:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again,
Either proceed with a partial shipment of the available PRODUCTS initially, then ship the remainder of the order when the other PRODUCTS are available, subject to clear information regarding additional transport costs that may be incurred,
Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS no later than thirty (30) days from payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided for in the section “Conditions for exercising the right of withdrawal”, available in Appendix 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
Article 7. Payment
7.1 Payment methods
The CUSTOMER can pay for their PRODUCTS online on the SITE using the means proposed by the SELLER.
The CUSTOMER guarantees to the SELLER that he holds all the authorizations required to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is therefore specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2 Payment date
In the event of a single payment by credit card, the CUSTOMER's account will be debited upon the order for PRODUCTS placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3 Late or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9.Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS making the subject of the retention of title, as well as the risks of damage that they may entail.
Article 10. Delivery
The terms of DELIVERY of PRODUCTS are provided for in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – conditions for exercising the right of withdrawal.
Article 12. Guarantees
12.1 Guarantee of conformity
Case of so-called "racing or "competition" parts because they are not approved on the open road:
All parts for sale on the site are reserved for exclusive use on the circuit and are not subject to any guarantee. Their use cannot engage the responsibility of SHOPAFFAIRE (MF PERFORMANCE). We draw the attention of our kind customers to the fact that certain parts that we sell modify or are likely to modify the characteristics of the vehicle in relation to its approval on French territory and therefore make it unfit for road traffic. These products being exclusively reserved for competition on closed circuits, their use, by law, is prohibited on public roads.
The manufacturer's warranty cannot be engaged if the item is intended for competition, if the failure comes from assembly carried out by an unauthorized or non-competent person . The manufacturer's warranty is limited to the strict repair or exchange of the product, excluding any other damages following immobilization, repairs, expertise, etc. The warranty will be refused if the product has been modified.
Only the manufacturer is authorized to accept or not the warranty. If after expertise, the refusal of warranty coverage by the manufacturer is stipulated, SHOPAFFAIRE (AUTOTECH-TURBO) declines all responsibilities, and will not replace the manufacturer.
Contact us by email via the contact page of the site, detail your problem by specifying the invoice number and the product concerned, attach photos to support our request from the manufacturer, a first response will be given to you during the day.
In the event of a Guarantee agreement, you will receive by email a return number to indicate on the packaging box of the defective product, carefully package the product, the manufacturers only covering the pure replacement or repair of the product . The item will not be returned otherwise
Upon receipt, we process your request and resend the product as soon as possible
Article 13. Responsibility
The SELLER's liability cannot under any circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.
The SELLER cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure such as it is defined by the case law of French courts and tribunals.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.
Article 14. Personal data
The SELLER collects personal data concerning its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting letters. , newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidentially by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of their personal data. He can exercise this right by sending an email to the address: firstname.lastname@example.org
It is specified that the CUSTOMER must be able to prove his identity, either by scanning a document identity, or by sending the SELLER a photocopy of his identity document.
Article 15. Complaints
The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 0768912965 (non-premium rate number).
Any written complaint from the CUSTOMER must be sent to the following email address: email@example.com
Article 16. Intellectual property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
This authorization from the SELLER will under no circumstances be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions.
All conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to an arbitration or state judge, negotiation will be favored in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract. , including its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below.
During the entire negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject to negotiation. As an exception, the parties are authorized to refer the matter to the summary court or to request the issuance of an order upon request. Any action before the summary court or the implementation of a procedure upon request does not entail any waiver on the part of the parties of the amicable settlement clause, unless expressly wished otherwise.
TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
Principle of withdrawal
The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without excessive delay, and at the latest within fourteen (14) days following communication of its decision to withdraw, unless the SELLER offers to recover the PRODUCT itself.
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: firstname.lastname@example.org
He can also use the form below:
For the attention of SHOPAFFAIRE (MF PERFORMANCE)
Telephone number: 0768912965
E-mail address: email@example.com
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
- Ordered on [____________]/received on [________________]
- Payment method used:
- Name of the CUSTOMER and, where applicable, the beneficiary of the order:
- Address of the CUSTOMER:
- Address of delivery:
- Signature of the CUSTOMER (except in the case of transmission by email)
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid , including delivery costs without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER is informed of the CUSTOMER's desire to withdraw.
Reimbursement of all orders will only be in the form of a credit. You will receive a code for the amount of this credit within 14 days by email, valid for 1 year. You can put this code in the “discount vouchers” box during your next order.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to: LCM 3 rue de Bourre 80150 Gueschart
This deadline is deemed to be respected if the CUSTOMER returns the goods before the expiry of the period of fourteen days.
The CUSTOMER must bear the direct costs of returning the goods.
Condition of the returned item
The PRODUCT must be returned in accordance with the SELLER's instructions and include in particular all the accessories delivered.
Any return of goods can only be accepted for goods suitable for new marketing, accompanied by a copy of your order. Shipping costs remain the responsibility of the customer. The refund will take place after verification of all these elements, but in all cases, only the amount of the returned items will be refunded.
All personalized, specific, specially manufactured or imported parts for your order must have the agreement of the After Sales Service which will judge whether they are suitable for resale or if they are specifically manufactured for the order.
Due to a specific order, SHOPAFFAIRE (AUTOTECH-TURBO) cannot be held responsible in the event of refusal to return merchandise.
All parts sold on the site are reserved for competition and are strictly prohibited on the road.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods manufactured according to the CUSTOMER's specifications for their needs, depending on a certain model of vehicle, engine etc. (such as for example camshafts, forged pistons, flywheel, body threaded etc)
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during of the ordering process.
The time limits for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE . These deadlines exclude weekends or public holidays.If you validate the payment in 3 installments there will be a validation period of 24 hours before sending the order if the parts are in stock.
An electronic message will be automatically sent to the CUSTOMER when the PRODUCTS are shipped, provided that the email address appearing in the registration form is correct.
Delivery times & costs
During the order process, the SELLER indicates to the CUSTOMER the possible shipping times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
The package is delivered to your home. The day before delivery, you will be notified by e-mail or SMS. Distribution is done in person and against signature. In the event of absence, a notice is left in the recipient's mailbox. It indicates the coordinates of the place to collect the package. The recipient has 14 consecutive days to collect their shipment.Beyond this period, the package is returned to its sender.
For national shipments, deadlines are for pick-up from Monday to Friday and for delivery from Monday to Friday, except public holidays. For certain coastal islands, the delivery time may be extended by one day. For Corsica, and the day after public holidays, delivery can take place during the day without commitment to a deadline.
For overseas and international shipments, delivery times are Monday to Friday. Deliveries are made on working days, except public holidays, in the country of destination.
In the event of delay in delivery caused by it and in the event of proven damage, UPS undertakes to pay compensation which cannot exceed the price of transport, duties, taxes and miscellaneous costs.However, if the package is hosted by the buyer, the company has the right not to reimburse it.
Please note that for the months of July and August, UPS packages will not be delivered on Saturdays. During this summer period, traffic is prohibited on the entire road network.
Also note that when there is a strike, demonstration or bad weather, the delivery of shipments may be disrupted. Given this independent exceptional nature on our part, we will not be able to compensate for delayed shipments.
In addition, the buyer acts as recipient of the shipments, he must control the quantitative and qualitative content of the shipments in order to note any irregularities in writing to the delivery person.
The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.
The SELLER will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.