Version updated on 01/09/2024
Article 1. Purpose
The company VENTOUX PIECES, a single-member simplified joint-stock company with capital of €50,000, registered in the Grenoble Trade and Companies Register under number 348 609 363, whose head office is located at Grand Boulevard Vaugauthier, 38590 SILLANS, sells consumables and spare parts for automobiles and all types of motor vehicles (hereinafter the "Products"), under the brand name "Arnaud Ventoux Pièces".
These General Terms and Conditions of Sale (hereinafter "GTC"), govern the sales of Products marketed by the company VENTOUX PIECES on the website www.arnaudventouxpieces.com (hereinafter the "Site"), to any adult natural person purchasing the Products, or any legal entity (hereinafter "Customer").
VENTOUX PIECES and the Customer (hereinafter together the "Parties" and individually the "Party") agree that their relations will be governed by these General Terms and Conditions to the exclusion of any conditions previously available on the Site.
The purchase of Products online on the Site by the Customer implies the unconditional acceptance of these General Terms and Conditions. This acceptance is materialized when the Customer checks the box "I have read the General Terms and Conditions of Sale and I adhere to them without reservation" in order to confirm his order for the Product(s) he has selected, he then acknowledges having read these General Terms and Conditions and accepts them without reservation.
Article 2. Scope of application
If the Customer is a consumer:
The Customer declares that he has the legal capacity to conclude a contract within the meaning of Articles 1145 et seq. of the Civil Code and certifies that he is a natural person of full age acting for his personal needs as defined above. The Customer confirms his commitment not to resell the Products for commercial purposes.
In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics and prices of the Products sold electronically are available on the Site.
The professional also communicates to the consumer information relating to his identity, postal, telephone and electronic contact details and his activities, as well as information relating to legal guarantees, in particular the legal guarantee of conformity and the legal guarantee of hidden defects, and any commercial guarantees, as well as, where applicable, after-sales service and information relating to other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.
In addition, the Customer receives the information provided for in Articles L. 221-5 and L. 221-11 of the Consumer Code, prior to and subsequent to the conclusion of the sale and in particular by means of these General Terms and Conditions of Sale.
If the Customer is a professional contracting in the context of his activity:
The General Terms and Conditions are established in accordance with the principle of transparency which governs the relations between VENTOUX PIECES and its Customers. They constitute, pursuant to Article L. 441-1 of the French Commercial Code, the sole basis for commercial negotiations between the parties and will be annexed to any agreement entered into between the Seller and the Customer pursuant to Article L.441-4 of the French Commercial Code. In the event that a single agreement is not concluded within the legal deadlines, VENTOUX PIECES may, at its discretion, terminate the commercial relationship with the Customer, without the latter being able to invoke the abrupt termination of the commercial relationship, or request the application of a notice period in accordance with II of Article L.442-1 of the French Commercial Code, or refer the matter to a mediator in order to reach an agreement setting out the conditions of a notice period.
Article 3. Products
3.1 Characteristics and information relating to the Products
The Customer may, prior to placing an order, read on the Site the essential characteristics of the Products they wish to order, presented in each of the Product sheets. The choice of purchase and selection of a Product is the sole responsibility of the Customer.
The Customer is required to refer to the description of each Product in order to know its essential properties and characteristics. The information on the Site is as accurate as possible. However, photographs and other reproductions of the articles are only indicative and have no contractual value.
3.2 Availability of Products
Product and price offers are valid for as long as they are visible on the Site, except for special operations whose validity period is specified on the Site. VENTOUX PIECES invites the Customer to check the availability of the Products sold on the information page of each Product.
Errors or modifications may exceptionally exist, particularly in the case of simultaneous orders of the same Product by several customers.
In the event of an order for a single product that turns out to be unavailable, VENTOUX PIECES reserves the right to cancel the order, subject to notifying the Customer.
In the event of an order for several Products, if one of the Products ultimately turns out to be unavailable, VENTOUX PIECES will then inform the Customer of the impossibility of sending the unavailable Product. The remainder of the order will be processed and shipped to the Customer within the timeframes announced by the information email on their order tracking. The Customer may also opt for the total cancellation of his order, subject to informing VENTOUX PIECES in advance by email.
In order to ensure better quality of service and availability of Products for all Customers of the Site, VENTOUX PIECES reserves the right to limit the quantity of Products that can be purchased by the Customer, in accordance with the applicable provisions in this area and in particular those of Article L. 121-11 of the Consumer Code.
Article 4. Creation of the Customer account on the Site
Use of the Site requires an internet connection, at the Client's expense. For optimal use, the Client must have, at a minimum, a latest or penultimate generation browser. In any event, the Client remains solely responsible for their IT environment and the compatibility of their equipment with use of the Site.
VENTOUX PIECES is only bound by an obligation of means in the online sales process, its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
By creating his online account, the Customer has a unique identifier (email address) and a strictly personal password, which he undertakes to keep confidential and not to transmit to third parties.
The Customer is the only one authorized to access the account and use the Site using his unique identifier and password. Any access to the Customer's account with their unique identifier and password, in particular through their agents, is automatically deemed to have been made by the Customer. Similarly, access to the Site with their identifier and password is the sole responsibility of the Customer.
Therefore, in the event of loss, theft or any fraudulent act with respect to their unique identifier and/or password, the Customer must inform VENTOUX PIECES as soon as possible and provide proof of their identity by any means. The Customer may generate a new identifier and/or password on the Site, and is responsible for keeping them strictly confidential.
The creation of an online account is necessary for the validation of the order by the Customer.
Article 5. Ordering products
In order to place the order, the Customer must follow the following steps:
- ⦁ Enter the address of the Site;
- ⦁ Follow the instructions on the Site and in particular the instructions required to open a Customer account;
- ⦁ Add one or more Products to your basket on the Site;
- ⦁ Check the elements of the order and, if necessary, identify and correct errors;
- ⦁ Choose the delivery method and address;
- ⦁ Choose a payment method;
- ⦁ Accept the T&Cs ;
- ⦁ Validate the order and the total price;
- ⦁ If he has chosen to pay by credit card:
- ⦁ Enter his bank details;
- ⦁ Pay for his order by clicking on the "Order" button. In this regard, the Customer must have a valid credit card.
The order will be deemed finalized at the time of payment validation issued by the Customer's payment organization.
- ⦁ If he has chosen to pay by bank transfer or check: validate his order by clicking on the "Order" button.
The order will in this case be deemed finalized when the funds are received in the VENTOUX PIECES bank account. For information purposes, transfers take on average 4 to 5 working days to be validated on the account. Checks may require a longer period in order to be checked by the VENTOUX PIECES bank. However, VENTOUX PIECES undertakes to process the order upon receipt of the Customer's bank check, if the latter has paid for his order by bank check. The Products are reserved for the Customer for a period of 10 (ten) working days from the order. After this period, the Products are put back on sale. The Products remain the property of VENTOUX PIECES until full payment of the price.
In the event of prolonged inactivity during the connection, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Customer will be invited to resume his selection of articles from the beginning.
The Customer will then receive by email:
- an acknowledgment of receipt serving as confirmation of the order;
- a confirmation of payment of the order;
VENTOUX PIECES reserves the right not to accept an order in the event of non-compliance with the General Terms and Conditions in the event of errors, anomalies in the order, in the event of a payment incident or suspicion of fraud and/or abuse.
- confirmation of the shipment of the order.
Article 5. Financial conditions
5.1 Price
The price of the Products sold on the Site is indicated respectively by item and reference, and is expressed in euros (€) including French taxes, excluding delivery costs.
In accordance with the applicable rules and regulations in force, any purchase made through the Site is subject to value added tax (VAT) which will be indicated when the order is validated. Any change in the rate may be reflected in the price of the Products.
Similarly, VENTOUX PIECES reserves the right to modify its prices at any time, being subject to price variations on the Products offered. It is however understood that the price appearing on the Site on the day of the order will be the only one applicable to the Customer.
If taxes or contributions, particularly environmental ones, are created or modified, this change may be reflected in the sale price of the Products.
The validity period of the offers and prices is determined by the updating of the Site.
In the event that the Customer, connected to his personal space and whose selected delivery address is abroad, the VAT rate specific to this address will apply.
The final VAT rate is applied at the time the order is placed.
In the event of collection of the order in store or at a trade fair, the French VAT must be paid by the Customer, the latter being responsible for customs taxes.
For the professional customer, the Products are sold DAP (Incoterm 2020).
5.2 Payment terms
The Customer may pay the price of the order by credit card, check or bank transfer. The order may also be paid in cash in the event of collection in store of an order for an amount lower than the maximum authorized by the texts in force.
- 5.2.1 Payment by credit card
The cards accepted are those of the Carte Bleue, Visa and MasterCard networks.
The payment will be made online via the secure 3D Secure system, which consists of ensuring that the bank card is used by its true holder.
To this end, the Customer guarantees to VENTOUX PIECES that he is the holder of the bank card he is using and that the name appearing on this bank card to be debited is indeed his own and then communicates in a secure environment via the Internet, the number and expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or front) of his bank card.
By providing their bank card information, the Customer authorizes VENTOUX PIECES to debit their bank card for the amount corresponding to the price of the Products, increased by the delivery price if applicable.
The transaction is immediately debited from the Customer's bank card after verification of the data on the card, and transmission of an authentication code sent by SMS to the Customer.
The 3D Secure System will redirect the Customer to the authentication site of the company issuing the bank card. The Customer will then be asked to enter a password or code according to the terms and conditions of the company concerned, in order to validate the purchase.
In the event of fraudulent use of his/her bank card on the Site, the Customer is invited to contact VENTOUX PIECES by telephone: 04 76 67 50 67 from Monday to Friday from 8 a.m. to 12 p.m. and from 2 p.m. to 6 p.m., or by email at the following address: contact@avp38.fr, or via the contact form available at the following address WE CONTACT.
The Customer's bank card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in clear text over the Internet. Payment is made directly to the VENTOUX PIECES bank, which means that no banking information of the Customer is transmitted via the Site.
Despite data encryption, VENTOUX PIECES reminds that no data transmission over the Internet is 100% secure and that information communicated online may potentially be intercepted and used by people other than the intended recipient.
- 5.2.2. Payment by check
Payment may also be made by bank check, issued by a bank domiciled in mainland France.
Once this payment method has been chosen, the order, the amount and the address to which the check should be sent will be communicated when the order is validated.
The Products are reserved for the Customer for a period of 10 (ten) working days from the order. After this period, the Products are put back on sale. The Products remain the property of VENTOUX PIECES until full payment of the price.
Upon receipt of the check, VENTOUX PIECES will then proceed with shipping the order. VENTOUX PIECES also reserves the right to refuse any order to the Customer or to honor a delivery if a prior payment dispute exists.
- 5.2.3 Payment by bank transfer
Payment may also be made by bank transfer according to the terms detailed at the time of order validation.
The Products are reserved for the Customer for a period of 10 (ten) working days from the order. After this period, the Products are put back on sale. The Products remain the property of VENTOUX PIECES until full payment of the price.
Upon receipt of the transfer to the VENTOUX PIECES bank account, VENTOUX PIECES will then proceed to ship the order. VENTOUX PIECES also reserves the right to refuse any order to the Customer or to honor a delivery if a prior payment dispute exists.
In the event that the price cannot be debited, the online sale will be immediately terminated by operation of law and the order will be cancelled.
5.3 Invoice
A detailed invoice is sent by email to the Customer for each order. The invoice also remains available in the user account.
Article 6. Delivery of products
6.1 Delivery methods
VENTOUX PIECES delivers to mainland France, the French overseas departments and territories and abroad.
The Customer chooses one of the delivery methods offered on the Site when placing the order. Depending on the Products chosen, the Customer will not have access to all delivery methods.
A choice must be made by the Customer:
- In-store Pick-up: You will receive an email once the order is ready, indicating that it can be picked up. You can then pick it up at the following address: 597 rue de Vaugauthier 38590 SILLANS during the following hours: Monday to Friday from 8 a.m. to 12 p.m. and from 2 p.m. to 6 p.m.;
- ⦁ Pick-up at fairs and trade shows depending on the events in which VENTOUX PIECES participates;
- ⦁ Colissimo at a collection point (if weight less than 20 kg);
- ⦁ Colissimo at home against signature (if weight less than or equal to 30 kg);
- ⦁ Home delivery via DPD;
- ⦁ Shipping abroad according to the procedure detailed at the time of choice by the Customer.
The precise terms of each delivery method will be detailed at the time of choice by the Customer.
Certain products, due to their weight or size, may be subject to specific shipping by a carrier. The products concerned by this type of shipping are identified on the Site with the mention "oversized".
The Customer will be informed of the shipping by carrier if applicable before validation of the order.
6.2 Delivery address
The Customer chooses a delivery address which can be located in mainland France and the French overseas departments and territories, but also abroad. The address must be precise and truthful, so that delivery can be made without any problems.
The Customer is solely responsible for a failure to deliver due to a lack of information when ordering.
In the event of a delivery error attributable to VENTOUX PIECES, the return costs will be borne by VENTOUX PIECES.
6.3 Delivery costs / Export taxes
The amount of the Delivery costs depends on the total weight of the Products ordered and the delivery method chosen by the Customer. In any event, the amount of the delivery costs is indicated to the Customer before the order is validated.
In the event of delivery to the French overseas departments and territories or abroad, customs fees may be requested, which do not appear at the time of the order, in the total price. These fees and taxes are the responsibility of the Customer.
Additional fees may also apply in the event of a package being sent by a carrier. This concerns "oversized" products referred to in Article 6.1 of these General Terms and Conditions.
In this case, the Customer will be informed of the terms of the shipment at the time of the order and before payment of the price.
6.4 Delivery times
Delivery times are available on the Site and may vary depending on the availability of the Products that were the subject of the order and the place of delivery, in particular if the delivery is made abroad or in the French overseas departments and territories.
Delivery times are in working days and correspond to the average preparation and delivery times of the order.
Delivery times run from the date of confirmation of the order by VENTOUX PIECES and vary from 1 to 5 days in mainland France and Corsica.
For delivery abroad and in the French overseas departments and territories, the time will be indicated at the time of ordering.
6.5 Delay in delivery
In the event of a delay in delivery, VENTOUX PIECES will inform the Customer by email. The Customer may then, in accordance with Article L.216-2 of the Consumer Code, decide to cancel the order and will send a notice of cancellation of the order by email to the address: contact@avp38.fr .
In the event that the order has not yet been shipped when VENTOUX PIECES receives the Customer's cancellation notice, the delivery is cancelled and the Customer is reimbursed for any amounts debited within fourteen days following receipt of the cancellation notice.
In the event that the order has already been shipped when VENTOUX PIECES receives the Customer's cancellation notice, the Customer may still cancel the order by refusing the package. VENTOUX PIECES will then reimburse the amounts debited and the return costs paid by the Customer within fourteen days following receipt of the return of the refused package complete and in its original condition.
6.6 Delivery report
The Customer is required to check the condition of the packaging and the Products upon Delivery.
It is up to the Customer to issue the reservations and complaints that he deems necessary, or even to refuse the package, when the package is clearly damaged upon delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the Products.
The Customer must also send a copy of this letter to VENTOUX PIECES. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. The Customer must ensure that the Products delivered to him correspond to the order. In the event of non-conformity of the Products in nature or quality with the specifications mentioned in the delivery note, the Customer must inform VENTOUX PIECES by email to the following address: contact@avp38.fr and return the Products to the following address: 597 rue de Vaugauthier, 38590 Sillans .
Article 7. Right of withdrawal
The provisions of this Clause are only applicable to consumer Customers purchasing Products for personal needs, exclusively on the website.
For purchases made at fairs or exhibitions, in accordance with article L.224-60 of the Consumer Code, the consumer is informed that he has no right of withdrawal and that any purchase is firm and final, and will not be taken back or exchanged.
7.1 Right and withdrawal periods
The Customer benefits, under the conditions provided for in Articles L. 221-18 to L. 221-28 of the Consumer Code, from a right of withdrawal relating to the Products purchased on the Site, within a period of fourteen (14) calendar days from the day of receipt of the Products.
The right of withdrawal, in accordance with the aforementioned provisions, does not apply when the Products have been personalized at the request of the Customer.
In the event of multiple orders (of several Products), the withdrawal period runs from the receipt of the last Product.
The Customer must express his decision to exercise his right of withdrawal before the expiry of the aforementioned period. The Customer has the possibility to complete and transmit his withdrawal declaration either:
⦁ by contacting VENTOUX PIECES Customer Service directly, who will tell you the procedure to follow
⦁ The Customer may also send his request on plain paper to the following address stated at the top of these General Terms and Conditions. The Customer may, if he wishes, use the model withdrawal form available in the appendix to these General Terms and Conditions.
The Customer will then receive confirmation of his withdrawal by e-mail without delay.
7.2 Product return procedure
When exercising the right of withdrawal, the Product must be returned in its original packaging, unopened, in perfect condition (not stained, damaged, worn or worn), complete (including its user manual and accessories where applicable) so as to allow it to be marketed as new.
The return of a Product is free, except for the cost of returning the product, which is the responsibility of the Customer. To do this, the Customer must return the Products to VENTOUX PIECES via its carrier, within a maximum of 14 days from the Customer's declaration of withdrawal.
VENTOUX PIECES will not be liable in the event of loss, sending to an incorrect address or late delivery of a Product that the Customer wishes to return to the Site, to the extent that the risks of the transport that the Customer has chosen and that the Customer initiates rest solely with the Customer.
VENTOUX PIECES reserves the right to refuse the return of a Product and not to reimburse it:
- in the event of non-compliance with the withdrawal procedure mentioned above;
- in general if our Customer Service is unable to identify the Customer or identify the order (order number, invoice, registration number, etc.) return, contact details, etc.),
- if the Product is not in its packaging and in its original condition (documents and accessories), in particular if the Product has suffered depreciation due to its handling or use, in particular due to the risk linked to the fact that these are often products subject to the regulations applicable to personal protective equipment.
7.3 Refund
The refund of the returned Product(s) will be confirmed by email and will take place within a maximum period of fourteen (14) calendar days from the day on which VENTOUX PIECES was informed of the Customer's decision to exercise his right of withdrawal. VENTOUX PIECES reserves the right to defer the refund until the date of actual receipt of the Product.
VENTOUX PIECES will refund using the same means of payment that you used for the initial transaction:
- If the payment was made by credit card, the refund will be made to the same credit card number;
- If the payment was made by bank transfer, the refund will be made by bank transfer after receipt of your bank details;
- If the payment was made by check, the refund will be made by check payable to the order you indicated.
In the event that the Customer returns only some of the Products ordered and not all of them, the delivery costs will not be refunded to the Customer. Only the returned Product will then be refunded to the Customer.
VENTOUX PIECES reserves the right to refund an express delivery at the standard delivery rate.
It is the Customer's responsibility to return the Products themselves and to keep all proof of return, which requires that the Products are returned by registered mail or by any other means providing a specific date for this shipment. In this case, the return costs remain the responsibility of the Customer.
In the event of depreciation of a Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, (in particular for Products returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used, VENTOUX PIECES reserves the right to refuse the refund or exchange of the damaged Product (unless it is a defective Product) which will be returned to the Customer.
VENTOUX PIECES will not make any refund if the Products returned by the Customer do not correspond to the Product(s) ordered or if they have an origin other than the Site.
Article 8. Product Warranty
8.1. Legal guarantees of VENTOUX PIECES
VENTOUX PIECES is subject to the legal guarantee conditions provided for in Articles L.217-3, L.217-4, L.217-5 of the Consumer Code for consumers, and in Articles 1641 and 1648 of the Civil Code for its repair and maintenance services as well as for the sale of automobile spare parts:
a. Description of legal guarantees
Legal guarantee of conformity – In accordance with Articles L. 217-3 et seq. of the French Consumer Code, VENTOUX PIECES is required to deliver a Product that complies with the order placed by the Customer and must be liable for any lack of conformity existing at the time of delivery of said Product, appearing within a period of two (2) years from the date of delivery.
VENTOUX PIECES is also liable, during the same periods, for any lack of conformity resulting from the packaging.
This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point for the limitation period for the Customer's action is the day on which the latter becomes aware of the lack of conformity.
- Under the legal guarantee of conformity, the Product must in particular, in order to comply with the contract:
- Correspond to the description, type, quantity and quality or any other characteristic provided for in the contract;
- Be suitable for any special use sought by the Customer, brought to the attention of VENTOUX PIECES at the latest at the time of conclusion of the contract and which the latter has accepted;
- Be delivered with all accessories to be provided in accordance with the contract.
- In addition to the criteria of conformity to the contract, the Product is compliant if it meets the following criteria:
- It is fit for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; for example, the use of a Product on a vehicle used in a competition context is outside the usual expected use of a good of the same type;
- Where applicable, it has the qualities that VENTOUX PIECES presented to the Customer in the form of a sample or model, before the conclusion of the contract;
- Where applicable, it is delivered with all the accessories, including packaging, that the Customer can legitimately expect;
- It corresponds to the quantity, quality and other characteristics, including in particular in terms of durability and safety, that the Customer can legitimately expect for goods of the same type, having regard to the nature of the Product as well as to the public statements made by VENTOUX PIECES, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
However, VENTOUX PIECES is not bound by any public statements referred to in the preceding paragraph if it demonstrates:
- That it did not know them and was legitimately unable to know them;
- That at the time of conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or
- That the public statements could not have had an influence on the purchasing decision.
The Customer may not contest conformity by invoking a defect concerning one or more particular characteristics of the Product, of which he was specifically informed that they deviated from the conformity criteria set out above, a deviation to which he expressly and separately consented when concluding the contract.
Except for express exceptions relating to specific products, VENTOUX PIECES does not provide any commercial guarantee within the meaning of Article L. 217-21 of the Consumer Code.
Legal guarantee of hidden defects – Similarly, in accordance with Article 1641 of the Civil Code, VENTOUX PIECES is bound by the guarantee for hidden defects in the item sold which render 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 have paid a lower price for it, if he had known of them.
The action resulting from latent defects must be brought by the Customer within a period of two (2) years from the discovery of the defect.
b. Procedure to follow
If the Products delivered are non-compliant with the Products ordered by the Customer or if they have hidden defects, the latter must send an email to VENTOUX PIECES to notify it of the non-compliance or hidden defects of its Product(s) at the following address: contact@avp.38.fr.
VENTOUX PIECES acknowledges receipt of the Customer's request and confirms the procedure to follow. Upon receipt of instructions from VENTOUX PIECES, the Customer shall return the Products that are non-compliant or affected by a hidden defect to VENTOUX PIECES.
The Product(s) must be (i) returned, at the expense of VENTOUX PIECES, complete, unused (except in the event of a hidden defect), in its (their) original packaging intact and (ii) as far as possible accompanied by its (their) original packaging as well as the return slip and a photocopy of the invoice.
Furthermore, VENTOUX PIECES does not accept packages sent postage due. Any risk related to the return of the Product(s) is the responsibility of VENTOUX PIECES.
Upon receipt of the Product(s) presumed to be non-compliant or affected by a hidden defect, VENTOUX PIECES will carry out an inspection of the Product(s) to determine whether or not said Products are compliant. Similarly, VENTOUX PIECES may carry out a quality test on the Product(s) returned by the Customer to verify that the returned Product(s) are indeed original Product(s). It is understood that these inspections will be carried out as soon as possible and within a maximum period of one (1) month.
c. Content of the legal guarantees
If the non-compliant nature of the Product(s) is confirmed or the hidden defect is proven: the Customer may choose between repair and replacement of the Product, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code. Please note that the Customer (i) has a period of two (2) years from the delivery of the Product to take action and (ii) is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.
As part of the implementation of the guarantee against hidden defects of the thing sold by the Customer within the meaning of Article 1641 of the Civil Code, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
8.2. Manufacturer's warranties
Certain Products sold by VENTOUX PIECES benefit from a warranty granted by the supplier or manufacturer of the Product. Where applicable, the existence of this warranty is indicated at the time of purchase.
Article 9. Liability
The Customer is invited to refer to the description and instructions for each Product to find out its precise characteristics. In case of doubt or if the Customer would like additional information, he/she can contact VENTOUX PIECES customer service.
VENTOUX PIECES cannot be held liable for damages related to improper use, negligent or inappropriate use of the Product, such as the use of the Product for a vehicle in a competition context.
The Customer is solely responsible for the choice of Products, their storage and their use. It is the Customer's responsibility to ensure the compatibility of the Products purchased, in particular with their vehicle.
The Customer must ensure that they comply with the technical requirements and safety recommendations of the manufacturer of the Products where applicable, in particular due to their technical nature.
VENTOUX PIECES may not be held liable for:
- Any damage resulting from the installation of the Products by the Customer;
- In the event of incorrect, incomplete or incorrectly provided contact details by the Customer;
- Any damage resulting from the gradual and normal wear and tear of the Products;
- Any damage resulting from poor maintenance of the Product;
- Any damage resulting from the Customer's failure to comply with the manufacturer's instructions;
- Any problem related to a delivery that is not carried out by VENTOUX PIECES.
Article 10. Intellectual property
The layout, structure, graphic elements and textual content appearing on the Site and/or the Products, their accessories and their packaging are the property of VENTOUX PIECES and are subject to the laws governing intellectual property. These rights remain the exclusive property of VENTOUX PIECES.
Thus, all texts, data, logos, images, photographs, brands (without this list being exhaustive) reproduced on the Site are reserved and protected by the Intellectual Property Code, in particular copyright, trademark law, etc. Any use and/or reproduction is prohibited and constitutes an infringement punishable in accordance with the provisions of said Code.
Consequently, Customers may not, under any circumstances or in any manner, reproduce, represent, distribute, market, or grant all or part of any of the elements reproduced on the Site and all or part of the Site in general, without the prior and express consent of VENTOUX PIECES. The same applies to any combination or conjunction with any other brand, symbol, logotype and, more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent that are the property of VENTOUX PIECES.
In addition, Customers are prohibited from making copies of the Site without the prior authorization of VENTOUX PIECES.
The creation of a link to the Site must be subject to prior written authorization from VENTOUX PIECES.
Article 11. Personal data
Information and data relating to Customers are processed by VENTOUX PIECES, on the legal basis of the execution of the contract between VENTOUX PIECES and the Customer, formalized by the Customer's acceptance of these General Terms and Conditions.
Unless otherwise stated, they are essential for the management of the Customer's account and their access to the Site. This information and data is also kept for security purposes, in order to comply with the legal and regulatory obligations incumbent, where applicable, on VENTOUX PIECES, as well as to allow VENTOUX PIECES to improve and personalize the services offered to Customers of the Site.
In accordance with the provisions in force protecting personal data (Data Protection Act and GDPR in particular), the Customer has the right to object, access, rectify and delete personal data concerning him/her, under the conditions provided for by law. To exercise these rights, the Customer must write to VENTOUX PIECES at the following email address: contact@avp.38.fr
For more information on how Users' personal data is collected and processed by VENTOUX PIECES and to know the extent of his/her rights and how to exercise them, the Customer is invited to consult the Privacy Policy.
The Customer is informed that if he does not wish to be the subject of commercial prospecting by telephone, he can register free of charge on a list of opposition to canvassing, for example: www.bloctel.gouv.fr.
Article 12. Force majeure
Neither party may be held liable to the other party in the event of non-performance of its obligations resulting from a case of force majeure. The following are considered to be cases of force majeure or fortuitous events: those usually recognized by the case law of the Court of Cassation.
In the event of a force majeure event preventing VENTOUX PIECES from fulfilling its obligations, the contract would be immediately suspended, as of the notification made by VENTOUX PIECES to the Customer, given by any means. Similarly, VENTOUX PIECES will inform the Customer of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification.
If such an event were to continue beyond thirty (30) days after the date of notification, the contract may be terminated by any of the parties without any of them being able to claim the award of damages
Article 13. Nullity – independence of clauses
If any of the provisions of these General Terms and Conditions is held to be null or invalid and declared as such pursuant to a law, regulation or following a final decision of a competent court, this provision will be deemed unwritten, without altering the validity of the other provisions and will be replaced by a valid provision of equivalent effect, which the parties undertake to negotiate in good faith.
Article 14. Non-waiver
The fact that VENTOUX PIECES does not apply, does not require the application of or does not avail itself of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver of the right to subsequently invoke this or any other provision and/or to seek compensation for any breach of this provision.
Article 15. Modification of the General Terms and Conditions
VENTOUX PIECES reserves the right to modify these General Terms and Conditions.
In this case, the new version of the General Terms and Conditions will be available on the Site. In any event, the Customer will only be bound by the version of the General Terms and Conditions of Sale in force at the time the Customer places the order for the Products.
Article 16. Independence of the Parties
Neither Party may make any commitment in the name and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its allegations, commitments, services, products and personnel.
Article 17. Method of proof
The Parties recognize that writing in electronic form is admissible as evidence in the same way as writing on paper.
For Consumer Customers: in application of article L213-1 of the Consumer Code, when an order concerns an amount equal to or greater than 120 Euros, VENTOUX PIECES keeps the document which records the contract concluded between VENTOUX PIECES and a customer electronically for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this date (in accordance with decree 2005-137 of February 16, 2005). The Customer then has access to this document at any time, upon request made to VENTOUX PIECES.
Article 18. Mediation for Consumer Customers
Consumer mediation:
According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system». In this respect VENTOUX PIÈCESoffers its Consumer Customers, in the context of disputes that have not been resolved amicably after complaint by mail, the mediation of a consumer mediator, whose contact details are as follows::
Médiation Conso Drôme, 19 Bis Rue Jonchère, 26000, Valence. Website: https://mediation-conso-drome.org/
Since 15 February 2016, the European Commission's online platform for the amicable settlement of disputes has been open to the public. Any consumer who has a dispute with a company located in the territory of the Union has the possibility of submitting a request for mediation via this European platform http://ec.europa.eu/consumers/odr. You can also consult the website of the European Commission dedicated to consumer mediation: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
It is recalled that the dispute cannot be examined by the consumer mediator when the consumer does not prove that he has previously attempted to resolve his dispute directly with the professional by means of a written complaint.
Article 19. Applicable law and competent jurisdiction
19.1 For consumers
French law is applicable to these General Terms and Conditions.
However, if the Customer is a consumer and does not reside in Metropolitan France but in another country of the European Union, the latter may rely on the provisions of law applicable to his country of residence, when they are more favorable than the provisions of French law.
In the absence of an amicable resolution or recourse to mediation, the French courts shall have jurisdiction.
19.2 For professionals
Any dispute relating to these General Terms and Conditions shall be governed solely by French law. The Parties expressly waive the application of the United Nations Convention on Contracts for the International Sale of Goods and the Unidroit Principles. IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, THE COMMERCIAL COURT OF GRENOBLE SHALL HAVE EXCLUSIVE JURISDICTION TO RESOLVE ANY DISPUTE.
TEMPLATE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of the company VENTOUX PIECES whose registered office is located at GRAND BOULEVARD VAUGAUTHIER, 38590 SILLANS:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date: