Terms and conditions of use

Your terms and conditions of use

The shop on line of the supplier is the operating one of this site.  Very order taking under a product appearing within the shop on line of the Web site supposes the preliminary consultation of these general conditions.  Consequently, the consumer recognizes perfectly informed being owing to the fact that its agreement concerning the contents of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the shop of the Web site.  The consumer has faculty to safeguard or publish the present general conditions, being specified that as well the safeguard as the edition of this document concern its only responsibility.  The consumer, before his order, declares that the acquisition of these products is without direct relationship with its occupation, their acquisition being reserved for a personal use of his share.  As a consumer, the customer thus has specific rights, which would be called into question on the assumption that the products or services acquired within the framework of the Web site would have actually a relationship with its occupation.  The shop in line installation by the supplier within the framework of the Web site mentions following information:  legal note allowing a precise identification of the supplier presentation of the essential characteristics of the goods proposed, indication in Euros of the price of the goods, like, if necessary, of the expenses of delivery indication of the execution or delivery, modes of payment, the existence of a right of retractation period of validity of the offer or price conditions of cancellation of the contract when this one is at unspecified duration or one duration higher than one year.  The whole of this information are presented in French language.  The consumer states to have the full legal capacity allowing him to engage with the title of these general conditions. 

Rule 1 : OBLIGATIONS

The present general conditions express the entirety of the obligations of the parts.  In this direction, the consumer is considered to accept without reserve the entirety of the provisions envisaged under these general conditions.  No general or specific condition appearing in the documents sent or given by the consumer will be able to be integrated into present, since these documents would be incompatible with these general conditions. 

Rule 2: OBJECT

The present general conditions have the aim of defining the rights and obligations of the parts within the framework of the sale in line of goods and services suggested by the supplier in the consumer. 

Rule 3 : CONTACTUAL DOCUMENTS

This contract is formed by the following contractual documents, presented by decreasing hierarchical order:  present general conditions;  the purchase order.  In the event of contradiction between the provisions contained in the documents of different row, the provisions of the document of higher row will prevail. 

Rule 4 : ENTRY INTO FORCE- DURATION

The present general conditions come into effect at the date of signature of the purchase order.  The present general conditions are concluded for the duration necessary to the supply from the goods and subscribed services, until the extinction of the guarantees which had by the supplier. 

Rule 5 : ELECTRONIC SIGNATURE

The "double clic" of the consumer to the title of the purchase order constitutes an electronic signature which has, between the parts, the same value as a handwritten signature. 

Rule 6 : CONFIRMATION OF ORDER

Contractual information will be the subject of a confirmation sees e-mail at the latest at the time of the delivery or, with the address indicated by the consumer within the purchase order. 

Rule 7 : PROOF OF THE TRANSACTION

The computerized registers, preserved in the information processing systems of the supplier under reasonable conditions of safety, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts.  The filing of the purchase orders and the invoices is carried out on a reliable and durable support being able to be produced by way of proof. 

Rule 8 : INFORMATIONS ON THE PRODUCTS

8-a:  The supplier present on his Web site the products to be sold with the characteristics necessary which make it possible to respect the Article L 111-1 of the Code of the consumption, which envisages the possibility for the potential consumer of knowing before the final order taking the essential characteristics of the products that it wishes to buy. 
8-b:  The offers presented by the supplier are valid only within the limit of real stocks available.

Rule 9 : PRICE

The prices are indicated in euros and are valid only at the dispatch date of the purchase order by the consumer.  They do not take account of the expenses of delivery, invoicees in supplement, and indicated before the validation of the order.  The prices take account of the VAT applicable to the day of the order and any change of applicable rate VAT will be automatically reflected on the price of the products of the shop on line.  The payment of the totality of the price must be carried out during the ordering.  No moment, the versed sums could be regarded as down payments or installments. 

Rule 10 : MODE OF PAYEMENT

To regulate his order, the consumer lays out, with his choice, of the whole of the modes of payment aimed within the purchase order.  The consumer guarantees the supplier whom it has the authorizations possibly necessary to use the mode of payment chosen by him, during the validation of the purchase order.  The supplier reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment per bank card on behalf of the officially accredited organizations or in the event of nonpayment.  The supplier reserves in particular the right to refuse to carry out a delivery or to deliver an order emanating with a consumer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration.  The supplier can constantly to set up a procedure of checking of the orders intended to ensure that no person uses the banking co-ordinates of another person without her knowledge.  Within the framework of this checking, it can ask the customer to address by fax to the supplier a copy of an identity paper as well as a document in proof of residence.  The order will be validated only after reception and checking by our services of the parts sent. 

Rule 11 : AVAILABILITY OF THE PRODUCTS

The order will be carried out at the latest within 3 working days as from the day following that where the consumer placed his order.  In the event of unavailability of the ordered product, in particular because of our suppliers, the consumer will be as soon as possible informed and will have the possibility for it of cancelling his order.  The consumer will have then the choice to ask either for the refunding of the sums paid in the 30 days at the latest of their payment, or the exchange of the product. 

Rule 12 : METHODS OF DELIVERY

The products will be delivered to the address indicated by the consumer on the order form.  For logistical reasons, the supplier reserves the right not to send the products in some countries or to apply additional transport costs, which may include additional insurance.  In this case, he will inform the customer by return mail.

In the event of additional logistical and insurance costs, the Customer shall inform the Supplier of its decision.  If he cancels his order, it will be refunded to him within 10 days. In case of cancellation of his order, he must make the additional transfer before shipment.

The consumer is obliged to check the condition of the packaging of the goods on delivery and to report any damage attributable to the carrier on the delivery note and to the supplier within one week.

The consumer may, at his request, not receive an invoice to the billing address and to the delivery address by validating the option provided for this purpose on the order form.

As far as shipping is concerned, we mainly work with DPD. As soon as we carry out a shipment, you will immediately receive an e-mail informing you of this.  In order to reduce the transport costs to a maximum, all products of low or average congestion are generally sent by a DPD service.

However, as in any shipment, there may be a delay in delivery or the product may be misdirected. In the event of a delivery delay, you must inform us of this delay by calling us by telephone or by sending us an e-mail.  We will then contact DPD to start an investigation.  An investigation can take up to 21 days from the date of the start of the investigation. If during this period the product is recovered, it will be forwarded immediately to your place of residence (the majority of cases). On the other hand, if the product is not recovered at the end of the 21-day investigation period, DPD will consider the parcel lost.  It is only at this time that we can send you a replacement product at our expense. If the products ordered were no longer available at that time, we would refund you the amount of the products affected by the carrier's loss.  If the products were still available but selling prices on the site had changed, we would apply the new selling prices, either by refunding you the difference or by requiring an additional cheque to cover this price difference.

Additional information:
There is no right to compensation if an item cannot be delivered: either due to an unforeseen production stop or due to strikes, accidents, natural disasters, delivery bottlenecks or other reasons beyond our control.

Delivery of orders is not possible on public holidays.

The carrier's deadlines must be taken into account as soon as the order has been prepared and dispatched from our warehouse.

The cancellation period is 14 days for non-commercial customers.

Import duties, taxes or brokerage fees due at the time of delivery are the sole responsibility of the receiving customer. Packing slips for international shipments must not be labelled as "gift" or with changed prices.

 

Shipping and sale of products for export

Any order shipped outside the European Union and the French overseas territories will automatically be invoiced excluding VAT. Import formalities, customs duties and any taxes associated with the delivery of an item outside the European Union and overseas territories are the responsibility of the buyer and are the sole responsibility of the buyer. They must be paid to the competent authorities of the country of delivery. The buyer is solely responsible for checking the import possibilities of the ordered products according to the law of the country of delivery. Moto-Vision is not obliged to check the applicable customs duties and taxes and to inform the buyer thereof. To find out, Moto-Vision advises the buyer to enquire with the relevant authorities in his country. Please note that when placing an order on the Website, you are considered the official importer and are obliged to comply with all laws and regulations of the country in which you receive the goods. Cross-border deliveries may be subject to an opening and inspection procedure by the customs authorities.

 

Rule 13 : PROBLEMS OF DELIVERY BECAUSE OF THE CONVEYOR

Any anomaly concerning the delivery (damages, produced missing compared to the delivery order, damaged parcel, broken products...) will have to be imperatively indicated on the delivery order in the form of "handwritten reserves", accompanied by the signature of the customer.  The consumer will have in parallel to confirm this anomaly by addressing to the conveyor in the two (2) following working days the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints.  The consumer will have to transmit copy of this mail by fax or simple mail to the supplier with the address complaint. 

Rule 14 : ERRORS OF DELIVERY

14-a:  The consumer will have the very same day to formulate near the supplier (addresses complaint) delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order.  Any complaint formulated beyond this time will be rejected. 
14-b:  The formulation of this complaint near the supplier could be made by mail with the address complaint by connecting you on our site in the heading "follow your order" "where, after having entered your number of customer, you will be able to ask us your question through the menu to contact us by specifying the reference of the order well. 
14-c:  Any complaint not carried out in the rules defined above and the time limits could not be taken into account and will release the supplier of any responsibility with respect to the consumer. 
14-d:  reception of the complaint has, the supplier will allot a number of exchange products concerné(s) and will communicate it by e-mail, fax or telephone with the consumer.  The exchange of a product can take place only after attribution with the consumer of a number of exchange according to the step presented above. 
14-e:  In the event of error of delivery or exchange, very produced to exchange or refund will have to be turned over to the supplier as a whole and in its packing of origin, in Colissimo Recommandé, with the commercial address of the supplier.  To be accepted, any return will have to be announced as a preliminary to the Service complaints mentioned at the head of this document.  The expenses of sending are the responsibility of the supplier, except if it would prove that the taken again product does not correspond to the declaration of origin made by the consumer in the good of return. 

Rule 15 : GUARANTEE OF THE PRODUCTS

In accordance with Article 4 of the decree n°78-464 of March 24, 1978, the provisions of present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the hidden defects of the sold thing.  The consumer is expressly informed that the supplier is not the producer of the products presented within the framework of the Web site, within the meaning of the law n°98-389 of May 19, 1998 and relating to the product liability defective.  Consequently, in the event of damage caused with a person or a good by a defect of the product, only the responsibility for the producer of this one could be sought by the consumer, on the basis of information being reproduced on of the aforesaid packing produces.  The conditions and the warranty period producer are indicated on the cards produced.  Taking into account the frequency of renewal of the components of the technical products, the supplier will be able, on request, to inform the consumer of the availability of the spare parts of the offered products and the methods to possibly get them. 

Rule 16 : RIGHTS OF RETRACTATION

The consumer has a 10 working days deadline to turn over, with his expenses, the products not agreeing to him.  This time court as from the day of the delivery of the ordering of the consumer.  If this deadline expires one Saturday, one Sunday or a public holiday or been unemployed, it is extended until the first next working day.  Any return will have to be announced as a preliminary near the Customer service of the supplier:  by mail or while connecting you on our site in the heading "follow your order" where, after having entered your number of customer, you will be able to obtain your number of order.  The product will have to be turned over in Colissimo Recommandé to the supplier to the address for the return of the products mentioned at the beginning of this document.
Only will be taken again the products returned as a whole, in their packing of origin complete and intact, and in a perfect state of resale.  Very product which will have been damaged, or whose packing of origin will have been deteriorated, neither will be refunded nor exchanged.  This right of retractation is exerted without penalty, except for the expenses of return.  On the assumption of the exercise of the right of retractation, the consumer has the choice to ask either for the refunding of the paid sums, or the exchange of the product.  In the case of an exchange, Re-forwarding will be done with the expenses of the consumer.  In the event of exercise of the right of retractation, the supplier will make all the efforts to refund the consumer within 15 day.  However, taking into account the technical character of the market products, this time could be extended to 30 days, in particular when the product needs a technical checking (cf produced having to be tested as a preliminary).  The consumer will then be refunded by recrédit of his bank account (protected transaction) in the event of payment by bank card, or cheque in the other cases. 

Rule 17 :  RIGHTS OF USE

The right of use of the software of the supplier, like those distributed by it, is granted to the consumer on a purely nonexclusive, personal and nontransmissible basis, in accordance with the Code of the Intellectual Property.  However, in accordance with the L122-6-1 Article of this Code, the consumer exclusively has a reproduction right for the establishment of a backup copy, when this one is necessary to preserve the use of the software.  In any event, the author of the software preserves a right of ownership on his work, that the consumer commits himself respecting. 

Rule 18 : CAUSE BEYOND CONTROL

None of the two parts will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by a fortuitous occurence or a cause beyond control.  Will be regarded as fortuitous occurence or cause beyond control done everything or circumstances irresistible, external with the parts, unforeseeable, inevitable, independent of the will of the parts and which could not be prevented by these last, despite everything the reasonably possible efforts.  The part touched by such circumstances will warn of it the other in the ten working days according to the date on which it will have been informed of it.  The two parts will approach then, within one month, except impossibility due to the case of absolute necessity, to examine the incidence of the event and to be appropriate of the conditions under which the execution of the contract will be continued.  If the case of absolute necessity A one duration higher than three months, the present general conditions could be cancelled by the injured part.  In way express, are regarded as case of absolute necessity or fortuitous occurences, in addition to those usually retained by the decisions of the courts and the French courts:  the blocking of the provisioning or means of transport, earthquakes, fires, storms, floods, the lightning;  the stop of the telecommunications networks or difficulties specific to the external telecommunications networks to the customers. 

Rule 19 : NOT PARTIAL VALIDATION

If one or more stipulations of these general conditions are held for nonvalid or are declared such pursuant to a law, of a payment or following a final decision of a court of jurisdiction, the other stipulations will keep all their force and their range. 
 

Rule 20 : NOT RENUNCIATION

The fact for one of the parts of not prevailing itself of a failure by the other part with the unspecified one of the obligations aimed under the present general conditions could not be interpreted for the future as a renunciation of the obligation in question. 
 

Rule 21 : INTERPRETATION

In the event of difficulty of interpretation of the text and data of the site, the French version will be obligatorily used to analyze the litigation. 
 

Rule 22 : APPLICABLE LAW

The present general conditions are subjected to the French law.  It is thus for the rules of funds as for the rules of form.  In the event of litigation or of complaint, the consumer will address in priority to the supplier to obtain a friendly solution.  In the second time and in the event of recourse, the consumer will be able to lodge a complaint with the commercial court of METZ (57) France which will be the only qualified one. 

Rule 23:  DATA PROCESSING AND FREEDOMS

Information which is requested from the consumer is necessary to the treatment of its order and could be communicated to the contractual partners of the supplier intervening within the framework of the execution of this order.  The consumer can write to the supplier whose co-ordinates are within the charter of confidentiality appearing in the framework of the Web site, to be opposed to such a communication, or to exert his rights of access, of correction with regard to information relating to it and appearing in the files of the supplier, under the conditions envisaged by the law of January 6, 1978.

 

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