Terms and conditions of use
Between M46-Parts, Mas del Blat, 46120 Sainte Colombe, FRANCE,
Registered in the Trade and Companies Register of CAHORS,
Under SIREN number 840359525
Represented by Mr. Maxime MAUREL, As Manager, Duly authorized for the present purposes.
The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the "Seller" or "The company M46-Parts". Firstly. And the natural person purchasing products from the company M46-Parts. Hereinafter, "the Buyer", or "the Customer", On the other hand, The following has been stated and agreed:
The Seller is a publisher of products intended for consumers, marketed via its website (https://www.M46-Parts.com/). The list and description of the goods offered by the M46-Parts Company can be consulted on the aforementioned site. The activity of the company is presented and explained as well as the destination of the products - these obligations are imposed by article L111-1 of the Consumer Code.
ARTICLE 1: OBJECT These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
ARTICLE 2: GENERAL PROVISIONS These General Conditions of Sale (GTC) apply to all sales of Products, made through the company's website which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these, at any time by the publication of a new version on its website. The general terms and conditions then applicable are those in force on the date of payment of the order. The M46-Parts Company also ensures that their acceptance is clear and without reservation by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and if applicable the Special Conditions of Sale linked to a Product, and the information necessary to ensure that the offer meets its needs . The Client declares that he is able to contract legally under French law or validly represent the natural person for whom he undertakes. Unless proven otherwise, the information recorded by M46-Parts constitutes proof of all transactions.
ARTICLE 3: PRICE
The prices of products sold through the website are indicated in Euros (VAT not applicable) and do not include participation in the shipping costs which are borne by the customer. For all deliveries outside the European Union and / or DOM TOM (ex: SWITZERLAND). Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be borne by the Buyer and are their responsibility (declaration, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The company reserves the right to modify its prices at any time for the future. If applicable also, delivery costs.
ARTICLE 4: CONCLUSION OF THE ONLINE CONTRACT - ORDER -
All validated orders are due on the date of the order. - The customer is supposed to be able to fulfill his purchases. - Any order form signed by "click" (validation button of the electronic form) constitutes an irrevocable acceptance which cannot be questioned. This "click" constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature. - The delivery process of an order is triggered by the receipt (and collection) of the full payment of this order. Conclusion of the Online Contract: The Customer must follow a series of steps specific to each Product put in place by the Seller to be able to place their order. However, the steps described below are systematic: - Information on the essential characteristics of the Product; - Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address ...); - Acceptance of these General Conditions of Sale. - Verification of the elements of the order and, if necessary, correction of errors; - Monitoring of instructions for payment, and payment of products; - Delivery of products.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the confirmation of his order. For the delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason. M46-Parts reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order. The company M46-Parts also reserves the right to prohibit a customer, and close his account on the site, in certain abusive situations: unpaid orders within the deadlines, canceled orders, consecutively and untimely, non-responses, reminders, etc. . -The basket and the order form automatically calculate the total amount to be paid according to the price of each product and the shipping costs described in this document.
ARTICLE 5: PRODUCTS
Use of products: M46-Parts will not be held responsible for the use made of the products as well as non-compliance with the assembly instructions which could lead to deterioration of the parts. The essential characteristics of the goods and their respective prices are made available to the buyer on the detailed descriptions of the products present on the website of the company M46-Parts: https: //www.M46-Parts.com. The prices of the products are indicated in Euro (VAT not Applicable) and can vary at any time. The Customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to fulfill the Customer's order within the limit of the stock of Products available only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value and do not in any way engage the responsibility of M46-Parts. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated). In accordance with legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order.
ARTICLE 6: RETURN CONDITIONS
The customer must imperatively wait for the seller's agreement before making the return. - Return possible within 15 days from the date of order. For any return or warranty claim, send us an email to firstname.lastname@example.org indicating your order number and attaching photos if necessary. MOTORCYCLE PARTS AND ACCESSORIES: If the customer is not sure of the year of his motorcycle, he will have to give us his frame number before placing his order so that we can check the year of his motorcycle. - Exchange: Return and shipping costs of the new product charged to the customer, unless we mistake. - Reimbursement: Product return costs charged to the customer and reimbursement with deduction made of the shipping costs incurred for the order. CONDITION OF RETURNED PRODUCTS: Products to be returned in perfect condition. Products returned damaged, incomplete, without their label, soiled, used or washed will not be accepted; and in case of exchange, they will be returned to the customer at his expense. Sale or clearance items cannot be returned or exchanged.
ARTICLE 7: RETENTION OF TITLE CLAUSE
The Products remain the property of the Company until full payment of the price.
ARTICLE 8: DELIVERY TERMS
Delivery and Shipping Costs Deliveries are made to the delivery address provided by the customer when ordering or opening a customer account on our site. A paid invoice is attached to the delivered package. Deliveries are possible for France, European Union countries and other countries outside the European Union. The seller is no longer responsible once the products of past orders have been delivered to the carrier. The seller's service ends with the sale of said products and cannot in any case cover transport. In the event of apparent damage, it is up to the customer to make reservations with the carrier. The seller cannot be blamed or held responsible for any damage noted on the packages. For countries outside the EU, the customer may have to pay a tax to the customs services of their country (Return not cleared). When the customer orders several products at the same time, these may have different delivery times routed in the following ways. Shipping fees The shipping costs correspond to the packaging and shipping costs. These can be modified without notice by M46-Parts, according to the modifications of the carrier or packaging prices.
Delivery times are expressed in number of working days (excluding weekends and holidays). - The products indicated in Stock are generally delivered within 24 / 48H depending on the carrier. - The parts manufacturing times are indicated on each product sheet. - For other products, it is indicated a time of reception in our premises before being able to send it. - In the case where one (or more) product (s) of an order is (are) out of stock or out of raw material, and other products of the order are available, the customer will be contacted by electronic mail in order to agree with him if he prefers partial delivery (sending of available products, with the possibility of replacing or deleting products from the order, on request) or total delivery (on customer request, the seller will wait for the availability of all the products before shipping the order). Late delivery : Any delays cannot be the subject of any claim for damages. After shipment of the goods, the seller cannot be blamed and held responsible for delays or impediments in delivery due to the carrier or force majeure; all claims must be made to the carrier. Complaints or requests for information regarding delivery times must be made by the customer by the means of his choice indicated on the "Contact" page.
Goods receipts: - The seller agrees to send the products in perfect condition. - The goods always travel at the risk of the customer, it is therefore up to the latter to check the condition of the package received and its content in the presence of the delivery person. In the event of a finding of non-conformity between the products ordered and the products delivered (qualitative or / and quantitative difference), inform the seller at the address indicated on the "Contact" page, indicating the reference of the order. In this situation, the seller will agree with the customer: - a return with exchange or refund of the goods (see the conditions in the paragraph "Returns of goods" on this page). - a shipment of additional goods (if missing goods) at the seller's expense. This scenario cannot be the subject of any claim for damages from the seller. Parcel not delivered or not received. Each package sent from M46-Parts that is not received or delivered to a customer must be the subject of an investigation with the carrier concerned. These investigations can last from 7 to 20 days depending on the carrier. During this period no product will be returned or refunded. If the transporter finally declares the loss of the package, only a return of the products or a credit note of the order amount can be made. No refunds will be made.
ARTICLE 9: AVAILABILITY & PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. If an item is unavailable for a period longer than 3 working days, you will be immediately notified of the expected delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the article or its reimbursement.
ARTICLE 10: PAYMENT
Payment is due immediately upon order, including for pre-order products. The Customer can pay by payment card or by bank transfer (on request). Cards domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made via Paypal without the need to open a Paypal account. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically resolved and the order canceled.
Mode de paiement
100% Secure Paypal payment.
Accepted Cards: Visa & Mastercard
Bank details entered in the payment form.
Check to be sent to the address indicated in the payment form.
ARTICLE 11: WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the Consumer Code, "The Consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs. " "The period mentioned in the preceding paragraph runs from the reception for the goods or the acceptance of the offer for the provision of services". The right of withdrawal can be exercised by contacting the company in the following manner: - By email: email@example.com - By phone: 06.12.43.06.41 We inform Customers that in accordance with article L.121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for personalized products. In the event of exercise of the right of withdrawal within the above-mentioned period, only the price of the product (s) purchased will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
ARTICLE 12: GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges products which are apparently defective or do not correspond to the order placed.
ARTICLE 13: CLAIMS
If necessary, the Purchaser can present any complaint by contacting the company by E-mail.
ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these Terms and condition of use. Any total or partial reproduction, modification of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 15: MAJOR FORCE
The execution of the seller's obligations at the end of these conditions is suspended in the event of a fortuitous event or major force which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 16: NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract is canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
ARTICLE 17: PROTECTION OF PERSONAL DATA
Regarding personal informations, all the data communicated by the Customer and collected by the M46-Parts site are only used to process customer orders. These data are in no way exchanged or sold for commercial purposes. In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on the site, you will receive emails containing information and promotional offers concerning products published by the Company M46-Parts. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the data controller by RAR letter. We monitor attendance on our site.
ARTICLE 18: APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations which are referred to therein, will be subject to French law.