Translation by Google Translate > Original text : https://www.simracer.fr/fr/content/3-cgv
TERMS OF SALES
Unless otherwise specified by us and in writing, orders placed with us are subject without exception to the following general conditions of sale which prevail over any other conditions or documents.
Consequently, in accordance with Article L441-6 of the French Commercial Code, these general conditions constitute the sole basis of the commercial relationship between the parties.
For the placing of orders, a purchase order is communicated to the buyer and includes all these general conditions. Thus the sending of the purchase order by the buyer, implies the full adherence of the latter to these general conditions. The order is firm and final once accepted by us in writing. In accordance with the regulations in force, we reserve the right to derogate from certain clauses of these general conditions of sale, depending on the negotiations conducted with the buyer, if any, by the establishment of specific conditions of sale.
Our prices are established according to the economic conditions in force on the day of our offer and are confirmed at the time of acceptance of the final order. Our prices are net prices, excluding taxes and ancillary costs (shipping, delivery costs, fixed invoice costs, etc.)
In case of occurrence of an event outside the will of the parties compromising the balance of the contract to the point of rendering prejudicial to one of the parties, the performance of its obligations, the parties agree to negotiate in good faith the modification of the contract. These include the following events: changes in commodity prices, changes in the exchange rate, changes in legislation.
4-WEIGHTS AND QUANTITES
The weights and quantities indicated on our tariffs or document are given as an indication and cannot be used to refuse or dispute the delivery of the products. Weights and quantities may vary in relation to weights and quantities ordered depending on technical developments and materials.
Delivery times for orders are given for information purposes and without warranty. War, strikes, epidemics, interruption of transport, shortage of materials, lack of electrical energy, accidents and any other causes beyond our control leading to partial or full unemployment of our establishments or those of our suppliers, subcontractors, are as many cases of force majeure that authorize and justify the delay of execution of orders. Thus, we do not accept in any case the cancellation of all or part of an order in the course of execution or to grant a discount on the amount of the invoice. In no case can delays justify the resolution of all or part of the sale to give rise to withholding, penalties, compensation or damages. If we were, exceptionally, to accept a mandatory delivery period, the delay in delivery could not give rise to a penalty unless the principle was expressly accepted in advance.
All information relating to the general characteristics, uses or achievements of the products, all normative, qualifying, dimensional, tariff or any other type of information, all drawings, any general information appearing on our site, delivery notes, order confirmation or any other support are given as an indication, not exhaustive and without warranty on our part, except express acceptance clauses. All information we share and all products we sell may be subject to modification, substitution or abandonment without notice and without commitment of our liability.
The buyer or any other natural or legal person consulting us and/or ordering us products, is in particular responsible for the choice of the product, the transmission to our services of its precise definition, research, consideration and compliance with all the technical characteristics of the product in the context of the use made of it by the buyer according to his needs, the suitability of the product with the conditions of use and the mounting environment and the use and interpretations it makes of the documents it consults, the results it obtains, the advice and acts it deduces from them. As a result, our liability may not be called into question under any of these grounds, among others, whether in connection with the use of our information documents or a consultation, an offer or an order.
Unless otherwise stipulated, delivery of the products is carried out by direct delivery to the buyer, or to the carrier or service provider designated by him or, failing this, chosen by us, from our premises. In the event of impossibility of delivery or in the absence of instructions on the destination, the delivery is considered to have been effected by a simple notice of supply, the products being then invoiced and stored, at the expense, risks and perils of the buyer. The transfer to the buyer is made at the time of delivery as defined above, notwithstanding the right of reservation of title. Regardless of the mode of transport employed, land, sea, river, air or of any other kind, even though the prices would have been established and the products shipped free destination, the latter travel at the risk and peril of the consignee to which he belongs, in the event of shortages, delays or damage occurring during transport, to stipulate reasoned reservations on the transport note and to exercise all remedies against carriers in accordance with Articles L-133-3 and L-133-4 of the French Commercial Code. The products are insured only on express instructions from the buyer and at his expense.
The return of goods will only be accepted after prior complaint and written agreement from us. If accepted by us, the goods must be returned in their original packaging or in a packaging identical to that of the postage-paid shipment. Discount: These returns will give rise to a discount of 20% minimum for return to stock when the goods can be resold in the same condition. Otherwise it will be necessary to carry out an examination of the goods in order to establish the amount of the additional discount for repackaging and restoration of the product.
10-WARRANTY - LIABILITY LIMITATION CLAUSE
In all cases where, after contradictory examination, it would be recognized that the products do not comply with the order or contain a material or manufacturing defect rendering them unsuitable for use. Our warranty is limited to the simple supply of replacements within the limits of our supplies and without any indemnity or compensation of any kind for labor costs, delay, damage caused or any other reason that may be invoked. Any replacement is excluded in the event of normal wear and tear of the products, deterioration or accidents resulting from negligence, lack of supervision or maintenance and defective or inappropriate use of the products. It is up to the buyer to provide any justification as to the traceability of the products in question and as to the reality of the defects or non-conformities observed. No return is accepted without our prior written agreement, particularly with regard to the method of delivery. Products subject to replacement will be made available to the buyer on departure from our premises. Under penalty of forfeiture of the right to the guarantee as previously defined, complaints relating to our products must be made by registered letter with acknowledgment of receipt addressed to our head office. No complaint will be accepted after the use of the products delivered or after the period of 8 calendar days after their receipt, for non-conformities or apparent defects. As such, it is up to the receiver to check immediately upon receipt of the products that they do not have any of these defects. In other cases of defectiveness of the product delivered, the claim period is 8 calendar days from the discovery of the defect.
Any transformation or modification of the product (machining, coating ... without this list being exhaustive) of the product delivered, carried out by the buyer, or by any other person, releases us from any responsibility concerning this product and the use which Is made. If it is demonstrated, after contradictory examination by the buyer, or by any other person, that the defects or non-conformities rendering the delivered product unsuitable for use are not consecutive to the transformation or modification operations that he has suffered, our replacement guarantee will operate under the terms and conditions recalled above.
Unless otherwise stipulated, our invoices are payable in cash on the day of the order date of the goods.
12-ATTRIBUTION OF JURISDICTION
In the event of a dispute as to the interpretation or execution of these general conditions of sale (and this regardless of the place of the market, the place of delivery and the place of payment) it is agreed that the courts of Nice will be, in all cases, only competent to know, to the exclusion of any other. The law applicable to these general conditions and to all our sales operations is French law.