TERMS AND CONDITIONS OF SALE
For more information on our General Terms and Conditions of Sale, please contact us by e-mail at contact@atelierdumotographe.com.
1. PURPOSE
The present general conditions of sale aim to define the rights and obligations of Le Motographe and the Customer of products presented by Le Motographe on its website www.atelierdumotographe.com . They apply exclusively between the company LE MOTOGRAPHE, Domaine de Fontmagne, Siret n°790 586 358 00026, VAT n° FR58790586358 and any individual consumer visiting or making a purchase via the said Site.
On the Site, Le Motographe enables the Customer to order Le Motographe brand products on-line in accordance with the present general conditions. Any order placed with Le Motographe therefore implies unreserved acceptance by the Customer of these conditions. The present general conditions may be modified at any time and without prior notice by Le Motographe, the applicable conditions being those in force at the date of the order by the Customer.
The present general terms and conditions of sale are permanently accessible at the following address: https://www.atelierdumotographe.com in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.
2. PRODUCTS AND CONFORMITY
2.1. The Products offered for sale are presented on the Le Motographe site and are accompanied by a description.
2.2. The Products offered by Le Motographe are only valid within the scope of the applicable French regulations, in particular the French Highway Code and the French regulations relating to the admission of vehicles to road traffic. Before use, assembly, etc., please contact the relevant authorities for information on the legal conditions applicable in your country.
Prior to ordering and assembling accessories, the customer must ensure that he has the technical skills required if he wishes to assemble the accessories himself. Le Motographe cannot be held responsible in the event of an error during assembly, or in the event of information missing from the assembly process by a private individual. Le Motographe recommends entrusting the assembly of its accessories to a professional.
Elements such as photographs, videos, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges. Consequently, Le Motographe cannot accept any liability in the event of error or omission in any of these elements, or in the event of modification of said elements by suppliers and/or publishers.
3. OBLIGATIONS OF THE CUSTOMER
3.1. The Customer declares that he/she is at least 18 years of age and has the legal capacity or parental authorization to place an order on the Site.
3.2. The Customer undertakes to provide Le Motographe with the actual information required to carry out the service which is the subject of the present conditions, as requested online and according to his/her situation, in particular his/her surname, first name, address, telephone number and valid e-mail address. The Customer shall be liable for any consequences arising from the transmission of false or inaccurate information, or the unlawful use of such information.
3.3. Once the order has been placed, Le Motographe sends the Customer an e-mail confirming the order. It informs the Customer that the Products have been dispatched.
3.4. The Customer may modify his personal details in the "My Account" section.
4. ORDER
4.1. All orders will only be validated once payment has been accepted.
4.2. Le Motographe reserves the right to cancel or refuse an order in the event of a dispute with the Customer concerning a previous order or an ongoing dispute.
4.3. Le Motographe may accept orders within the limits of available stocks. It informs the Customer of the availability of Products sold on the Site at the time of order confirmation. If, despite Le Motographe's vigilance, the Products are unavailable, Le Motographe will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel the order and have any sums already paid refunded. Definitive or temporary unavailability shall in no way incur the liability of Le Motographe, nor shall it give rise to any right to compensation or damages in favour of the Customer.
5. PRICE
5.1. The prices displayed on the Site are indicated in Euros, inclusive of all French taxes (French VAT and any other taxes that may be applicable), and exclusive of delivery charges, order processing fees and packaging costs. Shipping costs, order processing fees and packaging costs will be indicated in the Customer's shopping basket, before the final validation of the order. Prices may be modified at any time, without prior notice, particularly in the event of changes in fiscal or economic data. Items will be invoiced on the basis of the rates in force at the time the order is registered.
6. DELIVERY
Le Motographe delivers its Products in France, in all countries of the European Union and in any other country. Products are dispatched with the delivery note and invoice, to the delivery address indicated by the Customer at the time of ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative, corresponding to average processing and delivery times. In order for these times to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of the order. If the article has been dispatched prior to receipt of the cancellation of the order for late delivery of more than 7 days, Le Motographe will proceed with reimbursement of the article and the dispatch and return costs, on receipt of the latter, complete, in its original condition and with all labels and instructions.
Le Motographe undertakes to inform the Customer of the progress of his order as soon as its condition changes. In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and Le Motographe, by any means, of any reservations within 3 days of receipt of the product. Beyond this period, Le Motographe cannot be held responsible. Le Motographe cannot be held responsible for the consequences of a delay in delivery which is not of its making.
7. PAYMENT
Payment must be made in full at the time of ordering. At no time may the sums paid be considered as deposits or advance payments. The customer may pay by credit card (Visa, Eurocard/ Mastercard) or PayPal in accordance with the provisions of the present article.
For all transactions, the Customer must provide the number appearing on the front of the card, the expiry date and the cryptogram appearing on the back of the card (last three digits). Communication by the Customer of his/her bank card number constitutes authorization for Le Motographe to debit his/her account up to the amount of the order. No cash-on-delivery shipment will be accepted, whatever the reason.
Le Motographe retains ownership of the article until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by Le Motographe are 100% secure. For payments by bank card (Carte Bleue, Carte Bleue Visa and e-Carte Bleue), all information communicated by Customers to Le Motographe is strictly protected and guarantees the conformity and security of each transaction.
8. EXCHANGES AND RETURNS OF PRODUCT(S) - RIGHT OF WITHDRAWAL
Within a period of fourteen (14) days from receipt of his/her order, the Customer may ask Le Motographe to return the Product(s) and thus exercise his/her right of retraction. To do this, the Customer must first make a request for return by e-mail. If the return request is validated by Le Motographe, the return will be at the customer's expense and at the customer's risk. The Product must be returned within one week after validation of the return request, in its original packaging, in its original condition, new, unused, with the mention of RETURN on the parcel, to the following address:
Le Motographe, Domaine de Fontmagne, 34160, CASTRIES.
If the item is not returned by the Customer within one week of validation of the return request, the return is considered cancelled and the Customer must keep the product. The returned Product will be reimbursed within a maximum of fourteen (14) days of receipt by Le Motographe, by crediting the amount to be reimbursed to the Customer's bank or Paypal account.
Return costs are at the Customer's expense, unless Le Motographe has delivered a product damaged before dispatch or different from the item ordered. Should the Customer fail to respect the present conditions, in particular the conditions of return or exchange, Le Motographe will not be able to reimburse the Products concerned.
Le Motographe will not be able to apply the legal 2-year guarantee on products whose assembly has not been entrusted to a professional mechanic.
Le Motographe does not accept the exchange of products; any exchange must be the subject of a return by the Customer, a Refund of the product to be exchanged by Le Motographe and a new order by the Customer. Le Motographe does not accept order modifications once payment has been accepted, nor returns or exchanges of accessories ordered by customers with a Professional account on www.atelierdumotographe.com, unless the accessory received is faulty.
9. WARRANTIES AND LIABILITY
For all stages of access to the site, from the order process to dispatch of the parcel or subsequent services, Le Motographe has only an obligation of means. Le Motographe may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with the law and jurisprudence.
10. INTELLECTUAL PROPERTY RIGHTS
Under no circumstances is the Customer authorized to download or modify all or part of the Site, and in particular its content (listed products, descriptions, images, videos, etc.). Under no circumstances may this Site or any part of it be reproduced, copied, sold or exploited for commercial purposes without the express written authorization of Le Motographe.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and entire property of Le Motographe.
The Customer is therefore bound to respect intellectual property rights and may in no way use the trademarks appearing on the Site and on the Products where applicable, or register a trademark which would be prejudicial to the holder of the rights, unless otherwise stipulated in the contract. The same applies to all other intellectual property rights.
11. DATA PROCESSING AND CIVIL LIBERTIES
Le Motographe undertakes not to use confidential customer information for any purpose other than the operation of its Site. For the proper processing of the order, the nominative data collected will be subject to computer processing, and the Customer acknowledges that he/she is aware of this.
In this respect, information concerning the Customer may be communicated to Le Motographe's technical service providers. In addition, Le Motographe may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6 1978, modified by the law of August 6 2004, the Customer has the right to access and rectify any personal data concerning him/her contained in Le Motographe's files. All requests should be sent by e-mail to: contact@atelierdumotographe.com or by post to the following address: Le Motographe Domaine de Fontmagne, 34160, CASTRIES.
12. FORCE MAJEURE
In the event of a force majeure event, the party concerned must inform the other party within fifteen (15) days of the occurrence of the event, by registered letter with acknowledgement of receipt.
The following are expressly considered to be cases of force majeure or fortuitous event, in addition to those usually accepted by the jurisprudence of French courts and tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the event of force majeure continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
13. GENERAL PROVISIONS
13.1. Partial invalidity of a clause If any one of the stipulations of the present conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.
13.2. Updating The present general conditions may be modified at any time and without notice by Le Motographe, the applicable conditions being those in force at the date of the order by the Customer. The present general terms and conditions of sale are permanently accessible at the following address: www.atelierdumotographe.com in a computer format that allows them to be printed and/or downloaded, so that the Customer can reproduce or save them.
13.3. Applicable law - Competent court These general terms and conditions are subject to French law with regard to both form and substance. Any dispute shall be subject to a prior attempt at amicable settlement. In the absence of an amicable settlement, the competent French courts shall have jurisdiction, notwithstanding multiple defendants or the introduction of third parties.
13.4 : Reproduction of applicable texts (Order 2005-136 of February 17, 2005, Consumer Code, Civil Code) Art. L. 211-4. of the French Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. Art. L. 211-5. of the French Consumer Code
- To conform to the contract, the goods must: 1° Be fit for the use normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or model;
- present the qualities that a Customer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter. Art. L. 211-12 of the French Consumer Code
Any action resulting from a lack of conformity must be brought within two years of delivery of the goods. Art. 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the customer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art. 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.