TERMS OF SALES
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.myclassicautomobile.com_cc781905-5cde- 3194-bb3b-136bad5cf58d_(hereinafter the “SITE”) with My Classic Automobile, Sàrl registered in the Colmar Trade and Companies Register under number 87207.6 having its registered office at:
15 road to Colmar
68920 Wintzenheim, France
Tel: 06 62 83 14 12
(hereinafter the "SELLER").
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.
Article 1. DEFINITION
The terms used below have, in these General Conditions, the following meaning:
« CLIENT » : désigne the co-contractor of the SELLER, who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
« LIVRAISON » : désigne the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated when ordering.
« PRODUITS » : désigne all the products and services available on the SITE.
« TERRITOIRE » : désigne Metropolitan FRANCE, including Corsica (hors DOM/TOM).
Article 2. SUBJECT
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.
Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE au 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 to en keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and 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. OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his_cc781905- 5cde-3194-bb3b-136bad5cf58d_legal representatives.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. DELIVERY tracking is not offered because physical products (gift vouchers) are sent by regular mail or by email at the customer's request. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at email@example.com, in order to obtain information on the status of his 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. ORDERS
Article 5.1 Characteristics of the products
The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS/SERVICES (on the information sheets available on the SITE) and the_cc781905-5cde- 3194-bb3b-136bad5cf58d_mandatory information that the CUSTOMER must receive under applicable law (in the these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on le SITE, in particular according to operating constraints.
Section 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To perform une command, the CUSTOMER must follow the steps described below.
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ 5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of his 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 CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes.
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ 5.2.2. Orders
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on le panier and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, will display an online form automatically completed and summary the price, applicable taxes and, where applicable, delivery charges.
The CUSTOMER is invited to check the contents of his order (including the quantity, the characteristics and the references of the PRODUCTS ordered, the date of the service if it is a reservation service , the billing address, the payment method and the price) before validating its content.
The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions appearing on the SITE and provide all the information necessary for the invoicing and the DELIVERY of the PRODUCTS.
Regarding the PRODUCTS for which options are available, these specific references appear when the correct options have been selected.
Orders placed must include all the information necessary for bon processing of the order.
Provisions specific to the operation My Veyron Experience: The CUSTOMER chooses when ordering the date and time desired for this PRODUCT. The CUSTOMER pays a deposit when booking. The final confirmation of the CUSTOMER's reservation will be made by the SELLER by email between June 1 and 10, 2019, provided that the SELLER has reached the minimum number of reservations necessary. The payment of the balance of the service will then be payable by the CLIENT and formulated by e-mail. If the SELLER must cancel the reservation of the CUSTOMER due to force majeure, the customer will be fully reimbursed for the sums paid to the SELLER. The SELLER cannot be held responsible for any additional costs that the CUSTOMER may have advanced (transport costs, accommodation, catering, etc.). In the event of withdrawal or non-presentation of the CLIENT, the deposits and sums paid will be lost. The right of withdrawal does not apply to this car rental service.
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ 5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on le SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by mail electronic, provided that the email address communicated through the registration form is correct.
The SELLER will send the CUSTOMER a reservation form containing the general and special conditions of sale that the CUSTOMER must return by email to the SELLER with his signature.
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ 5.2.4. Billing
During the ordering procedure, the CLIENT must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CLIENT's order to be handled by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible code of access to the address of DELIVERY.
The CUSTOMER must then specify the means of payment chosen.
Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the command that the SELLER sends to the CLIENT by e-mail constitutes a facture. The CUSTOMER will receive the invoice by e-mail.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges online receipt of the command. The deadlines indicated on the SITE do not begin to run until 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.
Prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may affect the price of PRODUCTS from the date of entry into force of the new rate.
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 can also be modified in case of offers or special sales.
The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
All PRODUCTS are in stock at the SELLER.
Article 6. Right of withdrawal
The CUSTOMER does not have the right of withdrawal for the PRODUCTS sold by the SELLER as these are vehicle rental services.
Article 7. PAYMENT
7.1. Means of payment
The CUSTOMER can pay for his PRODUCTS online on the SITE using the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he has all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and the confidentiality of the data transmitted online as part of the online payment on the site.
It is specified in this respect that all payment information provided on le 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 CLIENT's account will be debited from the order of PRODUCTS placed on the SITE.
PRODUCTS unavailable or subject to conditions, reimbursement will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service in order to pay for the order by any other means of valid payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CLIENT proves impossible, the order will be_cc781905-5cde-3194 -bb3b-136bad5cf58d_cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract entered into with the CUSTOMER corresponding to an order for an amount greater than at 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with the article L. 134-2 of the consumer code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS and services delivered until their complete payment by the Customer -136bad5cf58d_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 subject to the retention of title, as well as_cc781905-5cde-3194- bb3b-136bad5cf58d_the risk of damage they may cause.
Article 10. Delivery
The terms of DELIVERY are: by post or by email.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY.
Article 12. Warranties
12.1. Compliance Guarantee
The SELLER is required to deliver a compliant PRODUCT, that is to say suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertisements and on labels .
In this context, the SELLER is liable to respond to defects in conformity existing at the time of delivery and defects in conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the DELIVERANCE of the PRODUCT.
In the event of a lack of conformity, the CUSTOMER may request the replacement of the PRODUCT, at his option.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT.
12.2. Warranty against hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold which le make it unsuitable for the use for which it is intended, or which so diminish this use that CUSTOMER would not have acquired it, or would have given only a lower price, if he had known about them.
This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of a_cc781905-5cde-3194-bb3b- 136bad5cf58d_part of its price, if the PRODUCT is not returned.
Article 13. Liability
The responsibility of the SELLER can in no case be engaged in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER cannot be held responsible, or considered to have failed to comply with the present, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the et French courts.
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 responsibility for the information published there. Links to third-party websites are provided for informational purposes only and no guarantee is provided as to their content.
Article 14. Personal data - GDPR
The SELLER collects on the SITE personal data concerning its Customers, y compris 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 CLIENT's account, analyze orders and, if the CLIENT has chosen this option , send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER in accordance with the standards imposed by the European regulations GDPR, 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 hypertext link provided for this purpose at the bottom of each offer received by electronic mail.
The data may be communicated, in whole or in part, to service providers du SELLER involved in the ordering process. For commercial purposes, le VENDEUR may transfer to its business partners the names and contact details of ses CLIENTS, provided that they have given their prior consent during the registration 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 le 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 No. 78-17 of January 6, 1978 relating to data processing and files and freedoms, the CUSTOMER has a right of access, rectification, opposition (for legitimate reasons) and deletion of their personal data. He can exercise this right by sending an e-mail to the address: firstname.lastname@example.org Colmar, 68920 Wintzenheim, FRANCE.
It is specified that the CLIENT must be able to prove his identity, either by scanning a piece of 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: 0662831412 (non-surcharged number), Monday to Friday from 9:00 a.m. to 12:00 p.m. and_cc781905-5cde-3194 -bb3b-136bad5cf58d_from 2 p.m. to 6 p.m.
Any written complaint from the CLIENT must be sent to the following address:
My Classic Automotive
15 road to Colmar
Article 16. Intellectual property
All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Anyone who publishes a site web and wishes to create a direct hypertext link to the SITE must request authorization from the VENDEUR in writing.
This authorization from the SELLER will in no case be granted definitively. Ce lien 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 Terms and conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions.
All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector for individuals, for companies whose head office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases and reservations made online on le SITE, as long as the SITE is available online.
The General Conditions are dated precisely 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 Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Conditions as well as the relations between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to the arbitration or state judge, priority will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement during the occurrence of any conflict relating to this contract, including bearing on its validity.
The party wishing to implement the negotiation process must inform the other partie by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to agree, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its outcome, the parties are prohibited from exercising any legal action against each other and for the conflict subject of the_cc781905-5cde-3194 -bb3b-136bad5cf58d_negotiation. By way of exception, the parties are authorized to seize the court of summary proceedings or to request the pronouncement of an order on request. A possible action before the jurisdiction des référés or the implementation of a procedure on request does not entail from the parties any waiver of the amicable settlement clause , unless expressly stated otherwise.