PROMO CODE -10% = SUMMER2022

General conditions of sale and use

GENERAL TERMS AND CONDITIONS OF SALE AND USE

 

 

Article -1 — Purpose and opposability

 

  1. These General Conditions of Sale apply to the sale of any Product supplied by:

 

The SMG Company via their website autodiag-france.com

 

Hereinafter the "Company" or the "Seller", with Customers having the status of consumer, namely any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, hereinafter the "Customer".

  1. Any Order for Products implies the Customer's unreserved acceptance and full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, except with the Company's express and prior derogatory agreement.
  2. The Company offers clothing and accessories for sale.
  3. The Company does not sell Products to minors. If the Customer is under the age of eighteen (18), he may only use the Site under the supervision of a parent or guardian.
  4. The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of the different screens and cameras, the lighting of the Products, the angle of the shot, etc.
  5. The Company reserves the right to modify these General Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Order by the Customer.

 

Article -2 — Customer contact

 

  1. The Company's customer and after-sales service can only be reached by e-mail at contact@autodiag-france.com. The Customer must indicate in the e-mail his first name, last name, the subject of his request and the number of his Order.
  2. For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@autodiag-france.com.

 

Article -3 — Definitions

 

"Customer" means any consumer Customer who has placed an Order.

"General Conditions of Sale" refers to this sales contract.

“Order” means any order placed on the autodiag-france.com website relating to the Products.

"Basket" refers to all the selected Products.

“Products” means the goods offered for sale on the Site. Each Product presentation sheet mentions the price; the ability to contact customer service; the technical sheet of the product, its availability in stock, and the opinions of other consumers if applicable.

The “Company” refers to the SMG Company

The “Site” refers to the autodiag-france.com website, the exclusive property of the Company.

“Geographical area of ​​the Offer” designates the whole of the country to which the Company offers the Products for sale, and carries out the deliveries of the Orders, namely France and Europe.

 

Article -4 — Placing of the Order

 

  1. The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.
  2. To place an Order on the Site, the Customer freely selects one or more Products from the Site catalog, by clicking on the “add to Cart” button. On the "Basket" page, the Customer has the option of checking the details of his Order and correcting any errors, before confirming it.
  3. On the “Information” page, the Customer must enter their contact information. He can opt for a follow-up of his Order by e-mail by ticking the required box.
  4. On the “Delivery” page, the Customer must choose the shipping method offered to him.
  5. On the “Confirmation” page, the Customer must enter these bank details as well as the billing address. The Customer also has the option of entering a promotional code if he has one.
  6. A complete summary of the Order appears. The Customer has the possibility of modifying all the elements of the Order before the finalization. The Customer is responsible for any errors relating to the Order, the Products and contact information.
  7. The sale is validly formed when the Customer has confirmed the Order by clicking on the button "Finalize my order", that he has accepted the General Conditions of Sale, and that he has proceeded to payment according to the methods he has chosen. , subject to the exercise of the right of withdrawal.

The date of validation of the Order corresponds to the date of receipt of the cash payment of the total price including tax duly recorded.

 

Article -5 — Availability

 

Product offers are valid as long as they are visible on the Site, within the limits of available stocks, excluding promotional operations mentioned as such on autodiag-france.com. In the event of Product unavailability after placing the Order, the Company will inform the Customer by e-mail. The Order will then be automatically canceled and the Company will reimburse the Customer for all sums already paid no later than thirty (30) days from payment of the sums paid.

 

Article -6 — Exercise of the right of withdrawal

 

  1. For all distance selling operations, the Customer has a period of thirty (30) clear days, from the day after he takes possession of the goods or accepts the offer for a service, without justification or payment of penalties. on his part. The exercise of this right terminates this contract.

 

  1. When the thirty (30) day period expires on a Saturday, Sunday or a holiday or non-working day, it is extended until the first following working day. The Customer must inform the Company of its decision by sending it an email here: contact@autodiag-france.com

 

 

  1. The Customer then has a period of fourteen (14) days, from the communication of his decision to withdraw, to return the goods to the Company after having duly completed the withdrawal form available on the FAQ section. The Customer must not return the Product to the manufacturer.

To do this, he can appoint the carrier of his choice, ensuring that handling and transport will be carried out under the best conditions. The protective packaging of the Products will be the responsibility of the Customer. The Company asks you to return the goods by registered mail or by post.

  1. The costs of returning the Product are the responsibility of the Customer, as are the risks associated with the transport of the Product, whatever they may be.
  2. The responsibility of the Customer is engaged in the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products, provided that the Company has informed the Customer of his right of withdrawal.

Only Products in new condition returned in their original packaging will be accepted. In case of depreciation of the Product, no return will be accepted.

  1. Products unsealed after delivery by the Customer cannot be returned.

 

Article -7 — Reimbursement and costs

  1. When the right of withdrawal is exercised, the Customer is entitled to the benefit of reimbursement of all sums paid.

An e-mail will be sent to the Customer to confirm that the returned goods have been received and inspected by the Company. The Company will inform the Customer of its decision to approve or refuse the refund request.

The refund will be made within fourteen (14) days from the date on which the Company is informed of the Customer's decision to withdraw.

  1. The Company makes the refund using the same means of payment as that used by the Client for the initial transaction.
  2. Exercising the right of withdrawal within the legal deadlines puts an end to the obligation of the parties to execute this contract, as well as any ancillary contract, at no cost to the Customer other than those relating to the return of the Products.
  3. In the event of a delay in reimbursement, the Customer should first contact the issuing entity of the credit card, then the bank and lastly the Company at the following e-mail address: contact@autodiag-france. com.

 

 

Article -8 — Price

 

  1. The total price of the Order includes the price including VAT of the Products, and the possible cost of delivery. All Orders are payable in Euros (€).
  2. The Products are invoiced on the basis of the prices in force on the Site on the date of the accepted Order. Discount codes as well as promotions and sales cannot be combined with each other.
  3. Prices and tariffs may be revised at any time by the Company.

 

Article -9 — Payment

 

  1. By placing an Order, the Customer declares that he has sufficient financial guarantees for his payment, and that he will effectively pay the sums due on their due date, in accordance with the legislation.

Payment of invoices is made in cash and upon validation of the Order in accordance with the payment method freely chosen by the Customer.

  1. The payment of the Order by the Customer can be made by:

 

  • Bank card (Carte Bleue, Visa, Mastercard or American Express): All credit card numbers are encrypted at 256 bits when the Order is placed. They are only decrypted on the payment processor's server. This information does not exist in plain text on any website and therefore inaccessible to the Company and third parties.

As part of a payment by credit card, the debit of the card is only made at the time of validation of the Order. Payment is made in cash.

 

 

  1. Bank checks are not accepted.
  2. The information relating to the purchase transaction is kept as long as necessary to finalize the Order. Once the Order is finalized, the information relating to the purchase transaction is deleted.

 

Article -10- Transfer of ownership and risks

 

  1. The Customer acquires ownership of the Products ordered upon payment of the price. Any non-performance by the Customer of his payment obligation, for whatever reason, authorizes the Company to legally request the termination of this sales contract and to demand the return of the Products.
  2. Delivery means the transfer to the Customer of physical possession or control of the goods. Any risk of loss or damage to the goods is transferred to the Customer when the latter or a third party designated by him, and other than the carrier proposed by the Company, takes physical possession of the Products.
  3. When the Customer entrusts the delivery of the Product to a carrier other than that proposed by the Company, the risk of loss or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.

 

 

Article -11 — Delivery times

 

  1. The delivery time is the period between the confirmation of the Order and the transfer of physical possession of the Product to the Customer, excluding installation or unpacking.

The delivery will take place within the time indicated during the Order, except in cases of force majeure. In the absence of any indication as to the date of delivery of the Product, the Company delivers the Product no later than thirty (30) days after the conclusion of the General Conditions of Sale.

  1. If the delivery is not made within the period indicated by the Company, the Customer may, after formal notice from the Company, terminate the contract, or cancel the sale, by recorded delivery or in writing on another durable medium.

The contract is considered resolved upon receipt by the Company of the registered letter informing it of this resolution, unless delivery has taken place in the meantime.

 

Article -12 — Terms of delivery

 

  1. Delivery is made to the address indicated by the Customer when placing the Order. The Company may contact the Client to ensure the accuracy of the contact details.
  2. If the delivery cannot take place because of an input error on the part of the Customer, the reshipping costs will be charged to him. In this case, the Company cannot be held responsible for the extension of the delivery time.
  3. The delivery is made by a carrier and the delivery is made according to the specific terms of the carrier.
  4. Delivery is deemed to have been made upon physical delivery of the Products to the Customer by the carrier. The delivery slip given by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and delivery.

It is up to the Customer to check in the presence of the delivery person the condition of the Product delivered and, in the event of damage or missing items, to express reservations on the delivery note, and possibly to refuse the Product and to notify the Society.

 

Article -13- Liability and legal guarantees

 

  1. The Company is automatically liable to the Customer for the proper performance of the obligations resulting from the General Conditions of Sale concluded remotely, whether these obligations are performed by the Company itself or by other service providers and in particular by carriers, without prejudice to its right of recourse against them.
  2. However, the Company may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the General Conditions of Sale is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party. to the contract, or to a case of force majeure.
  3. When the Product presents either a lack of conformity or a hidden defect, the European Customer has the choice between the legal guarantee of conformity (a), provided for in articles L 217-4 to L 217-14 of the Consumer Code, and the guarantee against hidden defects of the thing sold (b), provided for in article 1641 and following of the Civil Code.

 

  1. a) Legal guarantee of European conformity:

 

The Company sells products in France and Europe, it is therefore liable for any lack of conformity existing before the purchase of the Products sold, under the conditions of article L. 217-4 and following of the Consumer Code.

 

This warranty does not cover damage, breakage or malfunctions resulting from non-compliance with the precautions for use.

 

Defects and deterioration of the Products delivered following abnormal storage and/or conservation conditions at the Customer's, in particular in the event of an accident of any kind whatsoever, shall not give rise to the right to the guarantee due by the Company.

When activating the legal guarantee of conformity, the Customer:

– has a period of two (2) years from delivery of the goods to act;

– can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;

– is exempted from providing proof of the existence of the lack of conformity for twenty-four (24) months from the delivery of the goods.

 

  1. b) Legal warranty against hidden defects

The Company is liable for hidden defects in the thing sold — defects which make it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would only have given it away. a lower price, if he had known them — under the conditions provided for in articles 1641 and following of the Civil Code.

This warranty does not cover damage, breakage or malfunctions resulting from non-compliance with the precautions for use.

Defects and deterioration of the Products delivered following abnormal storage and/or conservation conditions at the Customer's, in particular in the event of an accident of any kind whatsoever, shall not give rise to the right to the guarantee due by the Company.

When activating the legal guarantee against hidden defects, the Customer:

– has a period of two (2) years to act from the discovery of the hidden defect.

– can choose between the resolution of the sale involving reimbursement and return of the Product(s) or a reduction in the sale price in accordance with article 1642-1 of the Civil Code.

– must provide proof of the hidden defect.

If the item is defective or damaged upon receipt of the Product, the Customer therefore has the option of choosing between the replacement of the Product at no additional cost or the full refund of the purchase price.

In order to benefit from a full refund or replacement of the defective or damaged Product, the Customer must send his request to the address contact@autodiag-france.com with the following form duly completed attached as well as one or more photos of the Defective product attesting to the facts. 

 

This form is available from la FAQ from autodiag-france.com

 

Depending on the Customer's address, the time required to receive the exchanged Product may vary.

Products on sale or on promotion are reimbursed at the price that the buyer paid when placing an Order on the Site. The amounts deducted during the act of purchase through a promotional code and/or a price reduction following a promotion will not be reimbursed.

 

Article -14- Force majeure

 

  1. In accordance with article 1218 of the Civil Code, are considered as cases of force majeure or fortuitous events, events beyond the control of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence renders the fulfillment of the obligations totally impossible.
  2. The occurrence of a case of force majeure shall automatically suspend the execution of the Order.
  3. Beyond a period of ninety (90) calendar days, if the parties note the persistence of the case of force majeure, the Order may be canceled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.

The effective date of termination will be the date of first presentation of the letter. In this case, neither party will be able to claim damages, unless otherwise agreed by both parties.

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Article -15- Intellectual property

 

  1. All texts, comments, works, illustrations and images, whether visual or sound, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed at the Company's simple request.
  2. Only the use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
  3. Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization is granted.

 

Article -16 — Processing of personal data

  1. The Company collects Customer data:
  2. a) for the purpose of processing and monitoring the Customer's Order on its Site; (and or)
  3. b) for the purpose of being able to contact you about various events relating to the Company, including in particular the updating of the Products and the management of the customer relationship; (and or)
  4. c) for the purpose of collecting information enabling us to improve the Site and our Products (in particular by means of cookies).

The data collected is processed by the contractual service providers of the Site who are in charge of the packaging and distribution of the Products ordered as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall. fire.

  1. The data collected is kept by the Company only for the time corresponding to the purposes of the collection above and which cannot in any case exceed five (5) years.
  2. In accordance with Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (GDPR) , the Customer has a right of access, modification, rectification, deletion or opposition for legitimate reasons, on his data.
  3. The Customer may exercise his rights by e-mail to contact@autodiag-france.com.

 

Article -17 — Comments and other user proposals

 

  1. If the Client sends ideas, proposals, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "comments"), whether at the request of the Company or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any media any comments that the Client sends to it.
  2. The Company is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) respond to comments.
  3. The Company may monitor, edit or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or which violates any intellectual property or these Terms of Service. Sale.
  4. The Customer agrees to write comments that do not violate the rights of third parties, including copyright, registered trademarks, confidentiality, personality, or other personal or property rights. The Customer agrees not to write in his comments illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other sites. related websites. The Client agrees not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of his comments.
  5. The Customer is fully responsible for its published comments and their accuracy. The Company assumes no responsibility and declines any commitment vis-à-vis the comments published by the Client or third party.

 

Article -18 — Applicable laws and settlement of disputes

 

  1. The General Conditions of Sale are subject to the law of French law.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or opposed, stolen or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and does not exonerate the Customer from the performance of his contractual obligations.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees. from any claim or demand, including reasonable attorneys' fees and court costs, caused by any third party due to or arising out of your use of the Website or our products and services, your breach of the Terms, or your breach of your acknowledgments, agreements, representations, warranties and obligations herein. 

 

 

  1. National or cross-border disputes which may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Médiateur agréé par la Commission d’Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), est nommé en qualité de Médiateur de la Consommation, pour faciliter la résolution des litiges entre la Société et ses Clients, pour une durée de trois (3) ans à compter du [01/05/2019].

  1. The European Commission's website describes the mediation process used and allows Clients to file a request for mediation online together with supporting documents.
  2. In particular, the dispute cannot be examined by the Mediator if:

– the Customer does not justify having tried, beforehand, to resolve his dispute directly with the Company by a written complaint,

– the request is manifestly unfounded or abusive,

– the dispute has been previously examined or is being examined by another mediator or by a court,

– the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to the Company,

– the dispute does not fall within its jurisdiction.

 

  1. Mediation is free for the Client. If the Customer has recourse, at any stage of the mediation, to a lawyer, a third party of his choice or an expert to defend him, he will bear the costs alone.
  2. The Mediator may not receive any instructions from the parties nor be remunerated according to the result.
  3. Participation in mediation does not exclude the possibility of an appeal before a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent French court.
  4. The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.
  5. The fact that a clause of these General Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and will not exempt the Customer from the performance of his contractual obligations.