The present conditions of sale are concluded on the one hand by the company ATD Performance, registered at the registry of trade and companies of NANTES under the number RCS 504 764 697, code NAF 503 B, subject to article 293 b of the CGI, hereinafter referred to as ATD Performance and on the other hand, by any natural or legal person wishing to proceed to a purchase via the site Internet of ATD Performance hereinafter referred to as the buyer.
Object
The present conditions of sale aim at defining the contractual relations between ATD Performance and the purchaser and the conditions applicable to any purchase carried out through the merchant site of ATD Performance, whether the purchaser is professional or consumer.
The acquisition of a good or a service through this site implies unreserved acceptance by the purchaser of these conditions of sale.
These conditions of sale will prevail on all other General or specific, not expressly approved by ATD Performance.
ATD Performance reserves to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the purchaser.
Characteristics of the goods and services offered
The products and services offered are those which appear in the catalogue published in the site of ATD Performance.
These products and services are offered within the limit of stocks available.
Each product is accompanied by a description established by the supplier; It is this description which is authentic. In case of modification, the buyer will be warned and written confirmation it will be requested before any delivery.
The photographs in the catalogue are purely indicative. In particular, brands, features, colors or quantities that may appear on the photographs can be changed without notice.
IMPORTANT:
The buyer shall be deemed to be solely responsible for the use he makes of parts and services purchased at ATD Performance.
The responsibility of ATD Performance cannot be held liable in the event of use of parts or services provided by ATD Performance on a vehicle to travel on the public highway.
Rates
The prices listed in the catalog are prices incl. VAT in euro taking account of the VAT applicable on the day of the order; any change of the rate could be reflected in the price of products or services.
ATD Performance reserves the right to modify its prices at any time, on the understanding, however, that the price appearing in the catalogue the day of the order will be the only applicable to the purchaser.
Prices include the cost of processing orders; transportation and delivery costs are listed separately, provided that the geographical zones of delivery are provided for in the following paragraph.
Geographical area
The online sale of products and services presented on the website is reserved for buyers residing in France, in overseas territories and Monaco for deliveries required in these geographical areas.
Commands
The buyer who wishes to buy a product or service must be:
- complete the identification form which it will read all requested details
- fill in the order form online giving all references to products or services selected
- validating his order after it is checked
- make payment under the conditions laid down
- confirm his order and its regulations.
The confirmation of the order entails acceptance of the present conditions of sale, recognition in having perfect knowledge and renunciation to take advantage of its own conditions of purchase or other conditions.
All of the data supplied and recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations performed.
The seller will communicate by e-mail confirmation of registered order.
Withdrawal
The purchasers, non-professional physical people, benefit from a period of seven days retractation as from the delivery of their order to return the product to the seller for Exchange or reimbursement without penalty, except for the expenses of return.
Terms of payment
The price is due to the command.
Payments will be made by PAYPAL and cheque. Payment by PAYPAL will be done through the secure system used by the PAYPAL company that uses the Secure Socket Layer (SSL) protocol so that the transmitted information is encrypted by a software and that no third party can take note during transport over the network.
The account of the buyer will be charged when shipment of the products or services available and that the amount of goods or services sent or downloaded.
Society ATD Performance being subject to article 293b du CGI, VAT is not applicable.
Deliveries
Deliveries are made to the address indicated in the order form which can be in the agreed geographical area.
The risks are borne by the purchaser from the moment the products have left the premises of ATD Performance. In the event of damage during transport, the reasoned protest must be formulated near the conveyor within a period of three days from the delivery.
The delivery times are given indicatively more; If these exceed thirty days from the order, the contract of sale may be terminated and the purchaser refunded.
Warranty
All products supplied by seller benefit from the legal guarantee laid down by articles 1641 and following of the civil Code.
In the event of non-compliance of a product sold, it can be returned to the seller that will resume it, Exchange it, or refund.
All complaints, requests for Exchange or refund must be made by post to the following address:
ATD Performance
Charles ATTARD
The Venourais
44590 DERVAL
France
And this within thirty days following the delivery.
Responsibility
The seller, in the process of sale on line, is held only by an obligation of means; liability will not be liable for damage resulting from the use of Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
* Intellectual property
All elements of the site of ATD Performance are and remain the intellectual and exclusive property of ATD Performance.
Person is authorized to reproduce, exploit, rebroadcast, or use in any way whatsoever, even partially, elements of the site they are software, Visual or sound.
Personal data
Under the law on data processing, files and freedoms of January 6, 1978, to identifying information to buyers may be subject to automated processing.
ATD Performance reserves the right to collect information about the purchasers including using cookies, and, if desired, the collected information to business partners.
Buyers can oppose the disclosure of their details by notifying ATD Performance. Similarly, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
Archiving - proof
ATD Performance will file the purchase orders and invoices on a reliable and durable support constituting a copy faithful in accordance with the provisions of article 1348 of the civil Code.
The computerized registers of ATD Performance will be considered by the parties as proof of communications, orders, payments and transactions occurred between the parties.
Settlement of disputes
The present conditions of online sale are subject to French law.
In case of dispute, competence is attributed to the competent courts of Nantes, notwithstanding plurality of defendants or call in warranty. |
