Terms and Conditions Motorsfit SAS
4th December 2017
Art 1: General
The present conditions apply to sales concluded between Motorsfit SAS and private customers through the website www.motorsfit.com, but also to professional distributors. All orders imply the customer's unconditional acceptance of these terms and conditions. Motorsfit SAS reserves the right to modify these terms and conditions of sale at any time. In this case, they will be brought to the attention of the customer and will only be applicable to sales made after the modification.
Art 2: Offer
Several categories of products and services are marketed, with or without subscription. Our offers are valid while stocks last. The sim cards inserted in our beacons are provided by an external operator. Motorsfit SAS reserves the right to terminate or modify the conditions of your subscription if the operator modifies its pricing policy or redefines its coverage area. Special cases: pre-ordered products may be offered to you, the date of their availability may vary.
Art 3: Prices
The prices of the products and services are inclusive of all taxes, excluding delivery costs. They are those in force on the day of the order. Some prices may be subject to conditions, such as the subscription of a minimum duration of commitment.
Art 4: Payment
Our products and services are payable in cash for private customers. Payment terms may be granted to professional customers according to the terms defined in writing by an authorised person within our company. Motorsfit SAS does not discount. In the event of late payment in relation to the due date stated on the invoice, we reserve the right to suspend all current orders and/or services and all of our claims will become due and payable. In accordance with Article L.441-6 of the French Commercial Code, any delay in payment shall automatically entail, in addition to late payment penalties, an obligation for the debtor to pay a fixed fine of €40 for collection costs. An additional indemnity may be claimed, on proof, when the collection costs incurred are higher than the amount of the fixed indemnity. No dispute authorises the customer to suspend payment of his invoice.
Art 5: Retention of title
The products remain the property of Motorsfit SAS until the full amount of the invoiced price has been paid, including delivery costs if applicable.
Art 6 : Delivery
Delivery is a paying service, the amount of which appears on the order. Orders are delivered to the address you have provided and according to the delivery method you have chosen (Colissimo, relay point, chronopost...). Subject to availability, and the receipt and validation of your files and means of payment by Motorsfit SAS, the delivery of your order will take place within approximately 3 days. In case of an order placed on a weekend or on a holiday, the delivery time will be counted from the next working day.
Art 7 : Right of withdrawal
In accordance with article L.121-20 of the French Consumer Code, "the consumer has 14 clear days to exercise his or her right of withdrawal without having to justify his or her reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods...". The product(s) or accessory(ies) for which reimbursement is requested must be returned within 14 days, to the address indicated and with the return number given by the customer service department, in their original packaging, complete with any gifts or premiums associated with them, and in perfect condition. For security reasons, it is advisable to send them by registered mail. You are responsible for the cost of returning the goods. Any order returned incomplete to the address indicated and/or not respecting the above conditions and/or in the absence of the return number and/or the return of the product(s) or accessories to an address different from the one communicated by the customer service will not be treated as a return and therefore will not be refunded.
Art 8 : Guarantee
Our products are guaranteed for 12 months. The guarantee does not cover damage due to an accident, misuse or poor maintenance of the products, as well as failure to follow the instructions in the user manual. It also does not cover damage caused by external causes, such as incorrect installation by you, severe shock, fire, lightning, immersion in water or any other liquid. The spare parts necessary for the repair of our boxes are available up to one year after the end of the marketing of the version of the product concerned (Article L.111.3 of the French Consumer Code). For requests for intervention outside the warranty, you can contact your Motorsfit shop to find out about the repair methods offered by MotorsFit.
Art 9: Proof of transactions
The data recorded by the payment system used and chosen by you (banking institution or other), constitute the proof of all financial transactions made by the online shop, you and the said institution.
Art 10 : Data protection
As far as your personal data is concerned, it is processed in compliance with the law relating to information technology, files and freedoms of 6 January 1978. You have the right to access, rectify, oppose and delete your personal data at any time by writing to Motorsfit, Informatique et Libertés, Directeur SI, 210 rue Joseph d'Arbaud 30900 Nîmes.
Art 11: Force majeure
Motorsfit SAS or its partners cannot be held responsible if the non-performance or delay in the performance of one or more of the obligations contained in this contract is due to force majeure. Exceptional weather conditions, natural disasters, fires and floods, lightning, electrical surges, attacks, strikes and legal or regulatory restrictions on the supply of telecommunications services, and any other force majeure or fortuitous event within the meaning of Article 1148 of the Civil Code are considered to be cases of force majeure.
Art 12: Disputes
All disputes shall be settled by the Commercial Court of the jurisdiction of our registered office, even in the event of summary proceedings, appeal for a guarantee, multiple defendants and despite any clause attributing different jurisdiction. Drafts or acceptances do not constitute a waiver of this jurisdiction clause. No dispute shall authorise the customer to defer all or part of the payment or acceptance of a bill of exchange.