Terms of Sales
1/GENERAL
Implementation date – June 2023
All sales made by jechargemavoiture.fr are subject to these general conditions which prevail over all conditions of purchase unless formal and express derogation on our part. Any order automatically implies full acceptance of these conditions of sale and warranty.
2/ SCOPE OF THE CONDITIONS
The Seller is defined below as beingjechargemavoiture.fr, site published by the company Martin Jonathan whose head office is located at 1 Villechoux 44520 Grand Auverné and registered with the RCS of NANTES n° SIRET 829 760 891 000 12
The Buyer is defined below as being any natural or legal person, company, company, association, individuals using the site.jechargemavoiture.fr signatory and accepting these general conditions of sale. The general conditions of sale apply exclusively to all sales concluded byjechargemavoiture.fr both for its own account and for that of its constituents. All other conditions are binding on the Seller only after written confirmation from him.
The information given on the sitejechargemavoiture.fr for catalogs, photographs, price list, notes, etc. are given for information only and may, as such, be modified by the Seller without notice.
The mere fact of placing an order or accepting an offer from the Seller implies the unreserved acceptance of these general conditions of sale. These general conditions of sale may be modified at any time and without notice byjechargemavoiture.fr, the modifications then being applicable to all subsequent orders.jechargemavoiture.fr may be required to modify certain provisions of its general conditions of sale from time to time, so we imperatively advise the Buyer that they be reread before each validation of the order.
The Buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten or electronic signature of this document, insofar as the Buyer wishes to order the products presented within the framework of The online storejechargemavoiture.fr. The Buyer is deemed to accept without reservation all the provisions provided for in these general conditions of sale.
3/ORDERS
Offers are valid within the limits of available stocks from our suppliers. In the event of an estimate, the offer will remain valid for seven clear days unless otherwise stipulated on it. French is the only language offered for the conclusion of the order. We take the greatest care in putting essential information and characteristics on the products online, thanks in particular to the technical descriptions emanating from our various partner suppliers and the photographs illustrating the products. The information and photographs contained on the site are not contractual and may contain errors.
4/DESCRIPTION TECHNICAL PRODUCTS
The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its particularities. The photographs illustrating, in support of the text, the products do not enter into the contractual field. If errors are introduced, in no case the responsibility ofjechargemavoiture.fr cannot be engaged. The detailed product sheet is the only contractual source. Our suppliers may change the technical composition of the products without notice.jechargemavoiture.fr is at any time entitled to update, improve its technical data sheets or withdraw its products and/or peripheral products from sale.
5/AVAILABILITY OF PRODUCTS
In case of unavailability of a product ordered,jechargemavoiture.fr can provide a product of equivalent quality and price subject to availability in stock or refund the Buyer in the opposite case.
Our offers are valid subject to availability from our suppliers. We undertake to inform the Buyer by e-mail within eight clear days and to indicate a waiting period for receipt of this product in the event of availability after placing the order.
In the event of partial unavailability of the products,jechargemavoiture.fr may be required to split the order. Thus the available products can be sent when all the other products are available. In case of unavailability of a product ordered, in particular because of our suppliers, the Buyer will be informed as soon as possible and will have the possibility of canceling his order. The Buyer will then have the choice of requesting reimbursement of the sums paid within 30 days at the latest of their payment, by check, or of waiting for the availability and delivery of the products.
6/ ORDER PROCESS
During the first order onjechargemavoiture.fr any new Buyer must create a “customer account”. An identifier or "login" and a password of at least six alphanumeric characters will be requested. During each order validation, he will be directed to his account via a secure connection recalling the content of his order.
This order will only be definitively registered after information of the various information and final validation. When the Buyer registers the order by selecting a method of payment, the sale is deemed concluded. The validation of the Buyer under the order constitutes an electronic signature which has the value, between the parties, of a handwritten signature. Law n° 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to the electronic signature, article 1316-1 of the civil code, relating to the electronic signature.jechargemavoiture.fr reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to payment from a previous order.
7/RETENTION OF OWNERSHIP
Pursuant to Law No. 80-335 of May 12, 1980 relating to the effects of retention of title clauses in sales contracts, jechargemavoiture.fr retains ownership of the goods sold until effective payment of the full price. Does not constitute payment within the meaning of this clause the delivery of a title creating an obligation to pay. Failure to pay any due date may result in the claiming of the goods, the goods in the possession of the purchaser being presumed to be those unpaid. These provisions do not prevent the transfer of risks to the purchaser from the departure of the products from our premises. Until full payment of the principal and accessories, the purchaser may neither resell nor transform the products of our company. Failure to pay may result in the claiming of the goods by jechargemavoiture.fr, the restitution being immediate and the goods delivered at the Buyer's expense, risk and peril.
During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as any damage that the Buyer may cause remain at his expense. The Buyer undertakes, in the event of a receivership procedure affecting his company, to actively participate in the establishment of an inventory of the goods in his stocks and of which the Seller claims ownership. Failing this, the Seller will have the option of having the inventory recorded by a bailiff at the Buyer's expense. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in the event of late payment.
8/CANCELLATION OF ORDER
The order placed on our sitejechargemavoiture.fr is automatically canceled if payment is not received within 8 clear days. From the moment the Buyer has validated his order, he is considered to have accepted knowingly and acceptance without restrictions or reservations to these general conditions of sale.
The Buyer's order must be confirmed byjechargemavoiture.fr by sending an e-mail. The sale will only be considered final after this confirmation email has been sent and the full price has been collected.jechargemavoiture.fr recommends that the Buyer keep this information in a paper or electronic document.
9/PRICES
The prices listed on the sitejechargemavoiture.fr are indicated in euros ( € ), excluding delivery costs (unless otherwise indicated) and any technical costs which will be indicated before the validation of the order. The prices listed on the order after its validation and registration are firm and final.
If the prices drop after an order has been placed, the Seller cannot under any circumstances compensate the Buyer for the difference. If prices go up,jechargemavoiture.fr undertakes to deliver at the price fixed on the day of the order. The prices are expressed inclusive of VAT.
Payment of the full amount must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
The collection of the entire amount of the order will be made at the time of validation of the order or in the event of payment by check or transfer, upon receipt.
10/DELIVERIES
The products are delivered to the address indicated by the Buyer when ordering. He must verify the completeness and conformity of the information he has provided. Our delivery times are indicated in working days as an indication and are to be considered once the order has been validated. A delay in delivery cannot under any circumstances give rise to any compensation or penalty whatsoever. We invite the Buyer to report any delay in delivery exceeding seven days in order to allow us to start an investigation with the carrier. Investigation times can vary from one to three weeks, depending on the carrier. If during the investigation period, the package is found, it will be sent immediately to your place of delivery. During this period of investigation, no refund, credit or return of replacement goods can be made.
By express agreement, a case of force majeure preventing delivery cannot be attributed tojechargemavoiture.fr. Are considered as cases of force majeure or exceptional events by law LOCK-OUTS, strikes, total or partial work stoppages atjechargemavoiture.fr or at its suppliers or service providers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of goods, etc. the Seller is released from all liability upon delivery. The seller will keep the Buyer informed, in a timely manner, of the cases and events listed above. In all cases, delivery on time can only take place if the Buyer is up to date with his obligations to the Seller, whatever the cause.
11/TRANSPORTATION
Unless expressly agreed otherwise,jechargemavoiture.fr delivered by Colissimo.jechargemavoiture.fr bears the risks associated with transport until delivery, that is to say until the physical delivery of the goods to the recipient indicated at the time of the order or to his representative who accepts it, provided that the Buyer checks the goods upon receipt in the presence of the carrier and indicates, if necessary, in writing on the transport voucher or consignment note, the reservations observed according to the procedure below.
The Buyer must refuse delivery if the package or the goods are damaged, missing or if the package has been opened. In the event of loss or damage, he must issue precise and detailed written reservations on the carrier's travel voucher or consignment note in his presence or that of his employee (Reservations of the type "subject to unpacking control" n have no value).
Merchandise accepted without reservations by the Buyer at the time of delivery is deemed to have arrived in good condition and in its entirety. No claim can be accepted byjechargemavoiture.fr and cannot be held liable. For any question or difficulty that the Buyer may encounter, we invite him to contact us via our contact page on the site.jechargemavoiture.fr.
12/LDISPUTES, COMPLAINTS, GUARANTEES, RETURNS
For any complaint, we invite the Buyer to contact us by going to the contact page of the sitejechargemavoiture.fr. All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or their erroneous references in relation to the accepted offer or the confirmation of the order by the Seller, must be made to the Seller by registered mail with acknowledgment of receipt. within 48 hours of receipt of the goods, without neglecting if necessary and in accordance with article 5 of these general conditions of sale, recourse against the carrier, failing which the Buyer's right of complaint will cease to be acquired. Any return of goods requires the prior agreement ofjechargemavoiture.fr, which can be obtained via the contact page of the sitejechargemavoiture.fr.
In the absence of a return agreement, the goods will be returned to the Buyer, at his expense, risk and peril, all transport, storage and handling costs being at his expense. The Buyer has, after obtaining the return agreement, a period of five clear days to return the defective goods tojechargemavoiture.fr.
The goods must be returned imperatively with a copy of the invoice. All defective products must be returned in their original packaging, include the entire product and its accessories accompanied by all the documents, warranty card (not completed), notices, etc. Any product that is incomplete, damaged, damaged and/or whose original packaging has been damaged, will not be taken back, exchanged or refunded.
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978 pursuant to Article 35 of Law 78-23 of January 10, 1978 relating to the fight against abusive clauses on the protection and information of consumers of products and services, the provisions hereof cannot deprive the Buyer of the legal guarantee which obliges the Seller to guarantee him against the consequences of latent defects of the thing sold.
The Buyer is expressly informed thatjechargemavoiture.fr is not the producer of the products presented on its site, within the meaning of Law L98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the manufacturer of the latter may be sought by the Buyer.
The goods marketed by the Seller as a reseller follow the manufacturer's warranty scheme that jechargemavoiture.fr undertakes to respect after agreement of the latter. The fact of a complaint in no way releases the Buyer from his obligations to pay the invoice within the agreed deadlines. Reimbursement or any credits are established upon receipt of the goods for which the dispute has been duly noted and accepted byjechargemavoiture.fr.
The costs incurred for the return of the goods for any reason whatsoever are the sole responsibility of the Buyer. No postage due returns will be accepted. No complaint can give right to any indemnity or penalty whatsoever.
13/RIGHT OF WITHDRAWAL (ONLY FOR INDIVIDUALS)
Under the conditions provided for by articles Article L121-20 et seq., amended by Law No. 2005-841 of July 26, 2005 – art. 3 JORF July 27, 2005 of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of fourteen clear days. The period mentioned runs from receipt for the goods or acceptance of the offer for the provision of services. When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day. The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization which can be obtained free of charge via the contact page of the site.jechargemavoiture.fr. The return of the goods is carried out at the expense, risk and peril of the Buyer.
However, it should be noted that the right of withdrawal may under no circumstances be exercised for the products defined within the framework of the application of Article L121-20-2 amended by ordinance n°2005- 648 of June 6, 2005 – art. 1 JORF June 7, 2005 in force on December 1, 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of return costs, as indicated above. In the event of the exercise of the right of withdrawal, the Buyer has the choice of requesting either the reimbursement of the sums paid, or the exchange of the products.
In the case of an exchange, the reshipment will be at the Buyer's expense. In case of exercise of the right of withdrawaljechargemavoiture.fr will make every effort to reimburse the Buyer within 14 days by the same means of payment used for the initial transaction, unless the customer wishes otherwise. No right of withdrawal can give right to any compensation or penalty whatsoever. The right of withdrawal is exclusively reserved for individuals, it can in no way apply to a professional or to a holder of a SIREN Number, in accordance with the law in force.
14/PAYMENTS
Any payment made tojechargemavoiture.fr can not be considered as a deposit or a deposit.
15/TYPES OF PAYMENT
Payments must be made in such a way that the Seller can dispose of the sums on the due date appearing on the invoice. Payment is made, unless otherwise stipulated on the sitejechargemavoiture.fr or granted to companies after studying their file, when ordering:
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By credit card (with a validity of at least one month for a cash payment and six months in the event of split payment). Banking information is entered via a secure server to guarantee the security and confidentiality of the information provided during the banking transaction.
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Through our service provider Paypal. Payment may require the creation of an account on the Paypal site, which will collect the necessary data in a secure manner.
16/COMPUTER FAILURES
The Buyer knows the characteristics of the internet computer network and in particular the possibility of connection interruption, server breakdowns, electrical or other problems (the list is not exhaustive).jechargemavoiture.fr cannot be held responsible for the consequences of such events and will be released from any obligation towards the Buyer. No complaint can give right to any indemnity or penalty whatsoever.
17/NO PARTIAL VALIDATION
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, decree, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
18/PROOFS
For reasons of fraud limitations,jechargemavoiture.fr reserves the right, to accept an order, to ask the Buyer to justify his identity and place of residence, and the means of payment used. In this case, the processing of his order will take place from the receipt of these documents. The Seller reserves the right to cancel the order in the absence of receipt of these supporting documents or receipt of supporting documents deemed non-compliant.
19/ELECTRICAL AND ELECTRONIC WASTE (EEE)
For equipment excluded from the scope of Decree No. 2005-829 of July 20, 2005 relating to the composition of electrical and electronic equipment and the disposal of waste from this equipment and in accordance with Article L541-2 Code of the environment, it is up to the holder of the waste to ensure its elimination or to have it ensured. For the equipment concerned by the said decree, and in accordance with article 18 of decree 2005-829, the organization and financing of the removal and treatment of EEE waste, the subject of this sales contract, are transferred to the Buyer. who accept them. The Buyer ensures the collection of the equipment, its treatment and its recovery in accordance with article 21 of the said decree. The aforementioned obligations must be transmitted by successive purchasers to the end user of the EEE. Failure by the Buyer to comply with the obligations thus put in place for him may result in the application of the criminal penalties provided for by article 25 of decree 2005-829 against him.
20/ INTELLECTUAL PROPERTY
All elements of the sitejechargemavoiture.fr, whether visual or sound, the texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property ofjechargemavoiture.fr. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited without the prior written consent ofjechargemavoiture.fr. Any reproduction, even partial, of the elements of the site jechargemavoiture.fr without our written consent is prohibited, in accordance with Law No. 57-298 of March 11, 1957 on literary and artistic property and amended by Law No. 2009-669 of June 12, 2009 – art. 21 of the Intellectual Property Code. Except in the cases provided for by article L122-5 of the said code and would constitute an infringement punishable by the Penal Code.
21/IT AND FREEDOMS
The information requested from the Buyer is necessary for the processing of his order and may be communicated to the contractual partner suppliers ofjechargemavoiture.fr involved in the execution of this order. Through us, he may receive commercial proposals from other partner companies. If he does not wish to receive them, all he has to do is contact the Seller on the contact page of the site.jechargemavoiture.fr, to oppose such communication, or to exercise his rights with regard to the information concerning him and appearing in the files ofjechargemavoiture.fr.
Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, Consolidated version of May 14, 2009, the Buyer has the rights of opposition (article 26), rights of access (articles 34 to 38) and rights of rectification (article 36) of the data concerning him. Thus, he may demand that information concerning him be rectified, completed, clarified, updated or deleted which is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited. If he wishes to use this right, he just needs to write to the Seller via the contact page of the site.jechargemavoiture.fr.
22/APPLICABLE LAW
These general conditions of sale are subject to French law. The application of the Vienna Convention on the international sale of goods is expressly excluded. The computerized registers and files ofjechargemavoiture.fr will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. All disputes relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the French courts. The fact forjechargemavoiture.fr not availing oneself at a given time of one of the clauses of these general conditions of sale, cannot be considered as a denunciation to avail oneself later of these same clauses.
23/ JURISDICTION CLAUSE
For all disputes and disputes, whatever their nature or cause, only the courts of Nantes will have jurisdiction, even in the event of summary proceedings, warranty claims or multiple defenders. Acceptances, bills of exchange, mandates, shipping conditions do not bring about novation or derogation from this clause.