GENERAL SALES TERMS AND CONDITIONS
ARTICLE 1 – OBJECT AND SCOPE OF APPLICATION
These General Sales Terms and Conditions (Hereinafter the « GSTC ») apply to all sales of spare parts (used or not) or used vehicles made by GPA 26 (Hereinafter the « Product ») to consumer customers (non-professionals) (Hereinafter the « Client »). Ordering a Product from GPA 26 implies express and unconditional acceptance of the GSTC as well as recognition by the Client of his capacity as consumer, who hereby declares he is ordering for non-professional purposes. The GSTC prevail over any other terms or commercial documents, with the exception of a prior written agreement from GPA 26. The contract concluded with GPA 26 consists only of the GSTC and specific conditions mentioned in the order summary (Hereinafter the « Contract »). Therefore any contradictory condition suggested by the Client, in absence of express acceptation, will be unenforceable against GPA 26, regardless of the moment it is brought to the attention of the seller.
ARTICLE 2 – IDENTITY OF THE SELLER
GPA 26 is a simplified joint-stock company under French law (Société par actions simplifiée, SAS) with a capital of 500 000 euros, registered at the Register of Commerce and Companies of Romans (RCS de Romans) under the number 437 281 207. Headquarters are located at the following address: RN7 – La Lauze Sud – 26250 LIVRON-SUR-DROME - FRANCE. For additional information, please reach our commercial service:
- Email: firstname.lastname@example.org
- Phone: +33 (0)4 75 61 76 46
ARTICLE 3 – PRICES
3.1 – Product prices: Products are sold at the list price available on the website www.groupe-gpa.fr (Hereinafter « Website ») or on the GPA 26 catalogue in effect at the time of the order placement in store or by phone. In all cases, prices are given in euros, all taxes included. These prices include handling and shipping fees applicable for mainland France. Any additional rights or taxes requested from an importing or transiting country, in application of French law, are at the expense of the Client. Notably, any change to the VAT rate will be applicable at the time of the order placement by the Client.
3.2 – Delivery fees: Delivery fees are included in the total price of a Product, and are applicable only for deliveries in mainland France.
ARTICLE 4 – CREATION OF A PERSONNAL ACCOUNT
In case of an order on the Website, it is required that the Client creates a personal account beforehand. (Hereinafter «Personal Account»)
4.1 – Account set up: To set up a Personal Account, the Client has to enter the Website and fill in the required fields of the registration form. The Client can only set up one profile for his Personal Account.
4.2. – Login management : The login credentials and password allowing the access to the Personal Account are chosen by the Client, if available, taking into account the login credentials already created by other Clients. These credentials are strictly personal and must be kept secret by the Client under his responsibility. In case of loss or theft of his credentials or any unauthorized use of his Personal Account, it is the Client’s responsibility to inform GPA 26 so that new credentials can be provided.
4.3 – Account activation: Upon validating his account set up, the Client:
- Acknowledges he was able to verify and modify, if needed, the information related to it.
- Guarantees the information provided about his identity and details are accurate, up to date and exhaustive.
As soon as the Client validates the account set up, GPA 26 will send a confirmation email to him containing an activation link.
4.4 – Personal Account updates: The Client commits to updating his personal information if necessary, so that they remain exact at any given time.
ARTICLE 5 – ORDERS
The Client can place an order using one of the following mediums:
- Online, on our website www.groupe-gpa.fr by logging into his Personal Account
- Over the phone, from Mondays to Fridays, from 08h30 to 12h00 and from 14h00 to 18h30 : 04 75 61 76 46
- In our Livron store at the following address: RN7 – La Lauze Sud – 26250 Livron sur Drôme
- In our Domessin store at the following address: 265 Route de la Chapelle – 73330 Domessin
By validating the order, the Client acknowledges that he read and accepted the GSTC without restriction, nor reserve. After an order is placed on the Website or over the phone and after validation by the Client, GPA 26 sends a confirmation email. Should a Product ordered be unavailable, GPA 26 will inform the Client and either cancel the order or offer to deliver a similar Product, possibly at a later date. Furthermore, GPA 26 reserves the right to refuse or cancel any order or delivery in case:
- There is an existing dispute between GPA 26 and the Client,
- An order previously placed by the Client remains partially or totally unpaid,
- The credit card payment has not been authorized by the bank,
- Of partial or total non-payment
The Client will, if needed, be reimbursed for the amounts paid within thirty days after the cancellation of the order.
ARTICLE 6 – PAYMENT TERMS
6.1 – Payment method: The Client can choose to pay for his purchase by debit/credit card or check.
In case of a debit/credit card payment: The only cards accepted are the following: Carte Bleue, Visa, Mastercard, Eurocard, and Amex. The Client had to provide his card number, expiry date, holder’s name as well as the security code. The amount is debited when the order is confirmed by GPA 26. Card payments are secured using the PAYLIB payment module (Crédit Agricole) or PAYPAL
This system allows to safeguard the integrity and confidentiality of the exchanges so that the data conveyed are encrypted by software and are not communicated to GPA 26. Furthermore, no third party will be able to intercept these data during transmission through the network. In the case of fraudulent use of their payment card, it is the Client’s responsibility to inform GPA 26 upon the finding of such use.
In case of a payment by check: The check has to be payable to « GPA 26 » and sent within 8 days after the order is placed, to the following address: RN7 – La Lauze Sud – 26250 LIVRON-SUR-DROME – FRANCE. If the order is placed on the Website, the check must be sent along with a printed copy of the order recap. The order will ship only after GPA 26 receives confirmation that the check has been cashed. The order can be cancelled prior to sending the check, by email at the following address: email@example.com
6.2 – Invoicing: An invoice is established by GPA 26 and sent to the client along with his parcel(s). It is also downloadable from his Personal Account. No discount will be granted in case of an early payment.
ARTICLE 7 – RETENTION OF PROPERTY
The Product(s) ordered remain property of GPA 26 until complete payment of the amount to GPA 26. In case of payment incident, the Client commits to returning the Product(s) received to GPA 26 and this upon first request. However, starting from the actual date on which property is transferred, the risks (notably loss, theft or deterioration) related to the Product(s) delivered will be assumed by the Client.
ARTICLE 8 – DELIVERY
8.1 – Place of delivery: Products can be sent anywhere on the territory of the European Union. When an order has been dispatched, a shipping confirmation email will be sent to the Client. The Product(s) ordered by the Client will be delivered according to the address and details provided by the Client at the moment of the order confirmation.
8.2 – Date of delivery: The due delivery date is mentioned to the Client upon ordering.
8.3 – Delay in delivery: In the event of a delay in delivery following the reception of the shipping confirmation email, it is the Client’s responsibility to notify GPA 26’s customer service within 8 days, by email to the following address: firstname.lastname@example.org. In this case, GPA 26 will contact the delivery services and start an investigation, while acknowledging that a postal investigation can only be launched at least 48 hours after the parcel was dispatched.
In accordance with article L138-2 of the French Consumer Code, in the event of a delay in delivery, the Client can enjoin GPA 26, via registered letter with acknowledgment of receipt or any other writing on a durable medium, to proceed with the delivery within a reasonable additional period. Should GPA 26 not deliver the order within that period, the Client can cancel the Contract via registered letter with acknowledgment of receipt or any other writing on a durable medium. The Contract is considered cancelled upon reception of the written notice by GPA 26, unless the order has been delivered in the meantime. GPA 26 is obligated to reimburse the Client of all amounts paid for said order, within 14 days following cancellation of the Contract.
ARTICLE 9 – RECEIPT
Upon reception of the Product(s) ordered, the Client must check the conformity of said Product(s). Any anomaly regarding the delivery (Missing or damaged Product, damaged packaging, etc.) must imperatively be notified to the carrier within 3 business days following reception, and to GPA 26’s customer service by email at the following address: email@example.com. These reservations must be sufficiently thorough so as to establish the existence and importance of the damages.
ARTICLE 10 – RIGHT OF WITHDRAWAL (Distance Selling Only)
10.1 – Exercise of the right of withdrawal: The Client has a right to withdraw from the Contract without mentioning reasons within 14 days, provided that the Product remains intact, in its original condition, and has not been used. The withdrawal period ends fourteen days after the day when:
- The Client, or a person designated by the Client other than the carrier, took physical possession of the Product(s).
- The Client, or a person designated by the Client other than the carrier, took physical possession of the last Product, should a single order contain multiple Products sent separately.
To exercise his right of withdrawal, the Client must notify GPA 26 (RN7 – La Lauze Sud – 26250 LIVRON-SUR-DROME - FRANCE - email: firstname.lastname@example.org) of his decision to withdraw from the Contract by means of a clearly worded statement (for instance via registered letter with acknowledgment of receipt or email). The Client can use the sample form attached to the GSTC as Annex 1 but is not obligated to. In order to respect the deadline, all the Client has to do is send his written notice regarding the use of his right of withdrawal prior the expiry date.
10.2 – Consequences of withdrawal: In case the Client withdraws from the Contract, it is his responsibility to return the Product(s) to GPA 26 without undue delay and, either way, not later than 14 days after the Client informed GPA 26 of his intention to withdraw from the Contract. This delay is deemed respected if the Client returns the Product(s) before the fourteen day deadline. The Client must take charge of the direct cost of returning the Product(s); the Product must be returned in its original packaging, accompanied with all the possible accessories and without any trace of use, assembly or deterioration.
GPA 26 will reimburse all amounts perceived from the Client, including handling and shipping fees (exception made of additional shipping costs, should the Client have chosen a different shipping method than the less expensive, standard delivery offered by GPA 26) without undue delay and, either way, not later than 14 days after the Client informed GPA 26 of his intention to withdraw from the Contract. GPA 26 will proceed with the reimbursement using the payment method chosen by the Client for the initial transaction, unless the Client specifically accepts the use of another method; either way, this reimbursement will not involve additional costs for the Client. The Client’s responsibility will be incurred should the Product(s) be depreciated resulting from manipulations other than those deemed necessary to establish the nature, condition and characteristics of the Product(s).
ARTICLE 11 – CONTRACTUAL WARRANTY (USED CAR PARTS)
Each used car part is subjected to a contractual warranty, susceptible to vary between 3 and 12 months, depending on its condition.
For the warranty to be applicable, the assembly of these parts must comply with the manufacturer’s standards and requirements as well as the general rules of the art. It is the Client’s responsibility to install the parts and make appropriate adjustments according to those rules.
If the Client is unable to install a Product, it is his responsibility to hire a professional (of his choice) to do so.
GPA 26 will proceed with the warranty through an exchange within the limit of stocks available. In no way does the warranty cover additional fees such as: assembly, disassembly, consumables, accessories, handling, delivery, troubleshooting, grounding and rentals.
Should an exchange be impossible, GPA 26 will reimburse the initial cost of the Product. Any operation, improper assembly or failure to adjust the Product will render the warranty null and void.
The scope of application and specific conditions of warranty are listed below for particular wearing parts. Non-compliance with the conditions imposed par GPA 26 will render the warranty null and void
A) ENGINES: Warranty covers the engine block only. Peripheral parts remaining on the engine are complimentary: they are therefore not covered by the warranty. Before assembly, the Client must control all circuits: cooling, lubrication, air supply, fuel supply.
The following accessories must be replaced by new ones:
- Air, Oil and Fuel filters
- Spark plugs or glow plugs
- Timing belt and water pump kit (complete with idlers)
- Accessory belt(s)
- Liquids and lubricants : coolant and oil (adapted to the vehicle)
Any anomaly regarding the head gasket must be notified within 15 days following the invoicing. No complaint will be registered after this delay. The warranty only applies if the oil consumption is over the limits defined by the manufacturer.
B) GEARBOXES, TRANSFER BOXES AND REAR AXLES. Peripheral parts remaining on the Product are complimentary: they are therefore not covered by the warranty.
The following accessories must be replaced by new ones:
- Radial shaft seals (lip seals)
- Oil, in accordance with the manufacturer’s recommendation regarding quantity and quality
C) TRANSMISSION: CV boots are not covered by the warranty
D) ALTERNATORS AND STARTERS: Before assembly, the Client must check the electrical circuit.
E) INJECTION PUMPS: Peripheral parts remaining on the engine are complimentary: they are therefore not covered by the warranty. Before assembly, the Client must check the fuel supply.
GPA 26’s liability will not be engaged should one of the following malfunction appear:
- Malfunction of maladjustment of another part of the vehicle;
- Use of the Product outside of the manufacturer’s recommendations;
- Modification of adaptation of the Product or any part of the vehicle for another purpose than the one intended or authorized by the manufacturer;
- Irregular use or non-compliance with the maintenance recommendations or accidental damages.
ARTICLE 12 – LEGAL WARRANTY
All Products sold by GPA 26 are covered by the legal warranty of conformity (articles L 211-4 to L.211-14 of the French Consumer Code) and the warranty against hidden defects (articles 1641 to 1649 of the Civil Code) in accordance with the conditions provided by the legal texts.
In accordance with the article L133-3 from the French Consumer Code, the Client is informed that regarding the legal warranty of conformity, he:
- Benefits from a two year period to act, starting after he physically took possession of the Product;
- Can choose between the reparation or replacement of the Product, subject to the limits and conditions on cost laid down in article L. 211-9 of the French Consumer Code;
- Is exempt from producing proof of a lack of conformity of the Product during the first 6 months following deliverance of the product. This delay is upgraded to 24 months, starting on March 18th, 2016, except for second-hand goods (i.e.: used parts).
The legal warranty of conformity applies separately from the commercial warranty potentially consented. The Client can also decide to call upon the warranty against hidden defects, in accordance with article 1641 of the Civil Code. Should he choose to do so, he can choose between cancelling the sale or a discount on the price, in accordance with article 1644 of the Civil Code.
ARTICLE 13 – OPERATING INSTRUCTIONS
The Client acknowledges and accepts that the Products sold by GPA 26 must be assembled and used in accordance with the manufacturer’s recommendations, as well as the specific instructions given by GPA 26 on the Website and the instruction leaflet accompanying some Products.
ARTICLE 14 – LIABILITY
In no way will GPA 26’s liability be engaged should the Client not use the Products according to instructions. In general terms, GPA 26 is not liable for the total or partial non-performance of its obligations under this Contract if this has been caused by the Client, an unforeseeable or unavoidable event of a third party to the contract or an event that constitutes force majeure, notably in the case of disruption or total or partial strike of the postal services or modes of transport and/or communication, computer viruses, intervention of the civil or military authorities, natural disasters, flood, fire, and generally, in the case of an event outside of its control.
ARTICLE 15 – LAW ON COMPUTING AND FREEDOM
Personal information required from the Client are essential to process the order. The Client acknowledges and accepts that his order will not be processed if these information are incomplete, obsolete or inaccurate. In accordance with the Data Protection Act n° 78-17 of January 6th, 1978 the Client has a right of access, modification, suppression and objection to his personal data. To this end, the Client can proceed to such rectifications by logging into his « Personal Account » section. The Client can also exercise his right of objection by sending a letter, along with a copy of his ID, to the following address: Société GPA 26 – RN7 – La Lauze Sud – 26250 LIVRON-SUR-DROME – FRANCE. This website is subject to a declaration with the National Commission for Data Protection and Liberties (CNIL - France) under the number 2169273.
ARTICLE 16 – COOKIES
16.2 – To this day, GPA 26 does not collect, nor uses “behavioral” personal data on the Client, in accordance with Ordinance n° 2011-1012 of August 24th 2011 relative to electronic communications. Any installation of behavioral cookies by GPA 26 on the Website will require prior and express authorization by the Client.
ARTICLE 17 – INTELLECTUAL PROPERTY
All the elements composing this website, visually and audibly, including the underlying technology, as well as the Products are protected by copyright. They are the sole property of GPA 26 or its suppliers. Any reproduction, representation or adaptation, either partially or entirely, by any process or on any medium whatsoever is forbidden. Any violation of these terms constitutes an act of counterfeit which can engage the civil and/or penal liability for its author. The user who has a personal Internet site and wishes to place a simple link for his/her personal use connecting directly to the Website must obtain prior written authorization from GPA 26 ; this authorization can not constitute an implicit affiliation agreement. Any link to the Website will have to be deleted upon simple request from GPA 26.
ARTICLE 18 – PARTIAL NON-VALIDITY
Should one or more stipulations of the GSTC here present are regarded as invalid or declared as such by the enforcement of a law, a regulation, or following the application of a court's decision, all the remaining stipulations will keep their impact.
ARTICLE 19 – APPLICABLE LAW – CONSTESTATIONS
The GSTC are subject to French law. In accordance with article L.133-4 of the French Consumer Code, the Client is informed by GPA 26 of the possibility to resort to, in the event of a dispute, a conventional mediation procedure or to any alternative kind of dispute settlement.
GENERAL TERMS AND CONDITIONS FOR THE SALE OF USED VEHICLES
IT IS FORBIDDEN TO PUT A VEHICLE BACK INTO CIRCULATION BEFORE COMPLETING REPAIRS AND OBTAINING NEW REGISTRATION DOCUMENTS.
The sale of used vehicles is subject to the General Terms and Conditions listed hereafter, as well as specific conditions mentioned on the sale contract established between the parties.
Specific Conditions of Sale:
1) The sale is subject to the following specific conditions, completed if needed by the general conditions hereafter.
2) The transfer of property and risks is realized to the benefit of the BUYER upon delivery. The delivery is deemed to be made as soon as the vehicle is at the disposal of the BUYER at the premises of the SELLER, more specifically as soon as the vehicle is loaded onto the means of transport. The vehicle always travels at the BUYER’s own risks.
3) It is strictly forbidden for the BUYER to park or circulate with the vehicle by its own means on public roads before new registration documents have been issued, as specified hereafter. As a consequence, until the registration documents are issued, the BUYER commits to carry (or hire a carrier) the vehicle exclusively on an appropriate means of transport: deck, trailer, truck, etc. in compliance with road and security rules.
The mileage mentioned on the odometer cannot be contested since it is not guaranteed.
4) The SELLER informs the BUYER that:
- In case the vehicle must be repaired, it can only be put back into circulation and registered again after a counter-assessment from an expert certifying the vehicle has received the repairs relative to safety that were mentioned on the initial assessment, and that it is safe for circulation in normal conditions.
- As a consequence, the vehicle cannot be put back into circulation nor can received new registration documents before the following conditions are satisfied:
o Have the repairs stipulated on the initial assessment made by the expert (of which a copy is given with the sale contract) be realized by an automotive maintenance professional duly registered as such and under the control of an expert registered on the National List of Automotive Experts in accordance with the Decree 97-813 of August 27th, 1997
o Have the quality of the repairs be checked by an expert and a counter-assessment be established, certifying that said vehicle has received the repairs relative to safety that were mentioned on the initial assessment, and that it is safe for circulation in normal conditions.
o Have the technical control of the repaired vehicle be done, and obtain a favorable certificate of technical control, if the vehicle is subject to it.
6) The BUYER commits to personally realize all administrative procedures with the competent prefecture to obtain new registration documents and put the vehicle back into circulation so that the SELLER will never be disturbed or accused on this matter.