Terms and conditions of sale - Offroad Camper Parts

This English version is a courtesy translation. In the event of any discrepancy, the French version prevails.

1. Preamble

Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the OCPARTS site are informed of the identity of the various parties involved in its creation and monitoring:

Site owner: OCPARTS
Registered office: 4, Impasse de la Rabine Verte, 22100 Saint-Samson-Sur-Rance
RCS registration number: 942 280 868
Shop manager: JUNG Emmanuel (contact.ocparts@gmail.com)

Hereinafter referred to as the “Seller” or the “Company”, which can be contacted using the following details: contact.ocparts@gmail.com

The natural or legal person purchasing products or services from the company, hereinafter “the Buyer” or “the Customer”; the following has been set out and agreed.

The Seller is a publisher of OCPARTS Products and Services intended for consumers, marketed through its websites. The list and description of the goods and services offered by the Company can be consulted on the above-mentioned sites.

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

2. General provisions

These General Terms and Conditions of Sale (GTCS) govern sales of Products or Services made through the Company’s websites, and form an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer, who has accepted them before placing an order.

The Seller reserves the right to amend these terms at any time by publishing a new version on its website. The GTCS then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) for the order.

The Company also ensures that their acceptance is clear and unreserved by providing a tick box and a confirmation click. The Customer declares that he or she has read all of these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.

The Customer acknowledges that he or she has received the advice and information necessary to ensure that the offer is suited to his or her needs.

The Customer declares that he or she is able to enter into a contract lawfully under French law or validly represents the natural or legal person on whose behalf he or she is entering into the commitment. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

3. Prices

The prices of the products sold through the websites are stated in euros excluding tax (HT) and/or inclusive of all taxes (TTC) and are precisely determined on the Product description pages. They are also stated in euros inclusive of all taxes (VAT + any other taxes) on the product order page, and exclusive of specific shipping costs.

For all products shipped outside the European Union and/or to the French overseas departments and territories (DOM-TOM), the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are the buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to enquire about these matters with the relevant local authorities.

The Company reserves the right to change its prices at any time for the future. The telecommunication costs necessary for access to the Company’s websites are borne by the Customer. So too, where applicable, are the delivery costs.

4. Conclusion of the contract online

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to place his or her order:

Information on the essential characteristics of the Product
Choice of the Product
Entry of the Customer’s essential details (identification, email, address, etc.)
Acceptance of these General Terms and Conditions of Sale
Checking of the details of the order (double-click formality) and, where applicable, correction of errors. Before confirming it, the Buyer has the opportunity to check the details of his or her order and its price, and to correct any errors or cancel the order. Confirmation of the order shall give rise to the formation of this contract.
Checking of the payment instructions, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it.

During the ordering process the customer will have the opportunity to identify any errors made in entering the data and to correct them. The language offered for the conclusion of the contract is French.

The terms of the offer and the general terms and conditions of sale are sent by email to the buyer at the time of the order and archived on the Seller’s website. Where applicable, the professional and commercial rules to which the author of the offer intends to adhere can be consulted in the “additional rules” section of these GTCS, which can be consulted on the Seller’s site.

Communications, the order, the order details and the invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the French Civil Code. This information may be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of the proper fulfilment of the order, the Customer undertakes to provide truthful identification details.

The Seller reserves the right to refuse the order, for example for any abnormal request, any request made in bad faith or for any legitimate reason.

5. Products and services

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s websites, as are, where applicable, the instructions for use of the product. In accordance with Article L112-1 of the French Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate method, of the prices and the special conditions of the sale and of the performance of the services before any conclusion of the contract of sale. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is the price in force indicated on the day of the order, which does not include the carriage costs invoiced in addition. Any such costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to change its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

Where the products or services are not performed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he or she has received details of the delivery costs and of the terms of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to fulfil the Customer’s order only within the limits of the available stocks of Products. Failing this, the Seller shall inform the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall refund the customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products and of their prices is specified on the Company’s websites, as is the minimum duration of the contracts offered where these relate to a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted hereunder are granted only to the natural person who signs the order (or the person who holds the email address provided).

6. Conformity

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GTCS comply with the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers. Irrespective of any commercial guarantee, the Seller remains liable for lack of conformity and for hidden defects in the product.

In accordance with Article L.217-4, the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility by the contract or was carried out under its responsibility.

In accordance with the statutory provisions on conformity and hidden defects (Art. 1641 of the French Civil Code), the Seller refunds or exchanges products that are defective or do not correspond to the order.

7. Refunds

A refund may be requested as follows: A customer who has exercised his or her right of withdrawal will have the choice between: • A full refund of the product (excluding any deduction applied in accordance with the rules below, 12. Withdrawal period) • A voucher valid on https://offroad-camper-parts.fr/ In the event of withdrawal, OCPARTS undertakes to refund the buyer for the product within a maximum period of 14 days following the date of receipt of the goods by our logistics department. Carriage costs will not be refunded except in the event of an error on the part of OCPARTS or a defective item.

8. Retention of title clause

The products remain the property of the Company until the price has been paid in full.

9. Delivery terms

The products are delivered to the delivery address indicated at the time of the order and within the periods indicated. These periods do not take into account the order preparation time.

Where the Customer orders several products at the same time, these may have different delivery times.

In the event of late delivery, the Customer has the option of terminating the contract under the conditions and in the manner defined in Article L 138-2 of the French Consumer Code. The Seller then refunds the product and the “outbound” costs under the conditions of Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline), indicated in the order confirmation email, in order to follow up the order.

The Seller points out that at the moment the Customer takes physical possession of the products, the risks of loss of or damage to the products are transferred to the Customer. It is for the Customer to notify the carrier of any reservations regarding the product delivered.

10. Availability and presentation

If an item is unavailable for a period of more than 12 working days, you will be informed immediately of the foreseeable delivery times, and the order for that item may be cancelled on request. The Customer may then request a credit note for the amount of the item or a full refund and the cancellation of the order.

11. Payment

Payment is due immediately upon ordering, including for products on pre-order. The Customer may pay by payment card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment service providers. The information transmitted is encrypted in accordance with best practice and cannot be read while in transit over the network.

PayPlug

Once payment has been initiated by the Customer, the transaction is debited immediately after the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his or her bank details at the time of the sale, the Customer authorises the Seller to debit his or her card for the amount corresponding to the price indicated. The Customer confirms that he or she is the legal holder of the card to be debited and is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated as of right and the order cancelled.

12. Withdrawal period

In accordance with the provisions of Article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving any reason, within a period of fourteen (14) days from the date of receipt of his or her order.

The right of withdrawal may be exercised by contacting the Company as follows: contact.ocparts@gmail.com. We inform Customers that, in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for downloadable Products.

In the event of exercise of the right of withdrawal within the above-mentioned period, the price of the product or products purchased, the return costs remaining payable by the Customer.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.)

Returns must, if possible, be accompanied by a copy of the proof of purchase.

This right of withdrawal cannot be exercised for certain specific products. Clear information is given on the presentation page of each product. The buyer then has the right to withdraw within a period of 14 days from the date of receipt of his or her order.

Return conditions: The returned product(s) must be sent back complete, intact, in its (their) original packaging, and must not have been used. OCPARTS may allow itself to grant a return with a possible deduction if the product(s) does (do) not come back in perfect original condition and complete (packaging, accessories, etc.). A letter will be sent by OCPARTS stating the reason for and the amount of the deduction applied. Items returned incomplete, spoiled, used or damaged by the customer will be neither refunded nor exchanged.

The buyer may also use the form below:

Model withdrawal form:

(please copy, complete and return this form only if you wish to withdraw from the contract)

For the attention of the customer service department of OCPARTS, 4, Impasse de la Rabine Verte, 22100 Saint-Samson-Sur-Rance (email: contact.ocparts@gmail.com)

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the goods (*) / for the provision of the services (*) below:

Ordered on (*) / Received on (*):

Order no.:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate

13. Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects in the products. The Seller refunds the buyer or exchanges products that are defective or do not correspond to the order placed, in accordance with the refund conditions.

The Seller points out that the consumer:

Has a period of 2 years from delivery of the goods in which to take action against the Seller.
That he or she may choose between replacement and repair of the goods, subject to the conditions laid down by the above-mentioned provisions. (apparently defective or not corresponding).
That he or she is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods.
That, except for second-hand goods, this period will be extended to 24 months as from 18 March 2016
That the consumer may also rely on the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the French Civil Code and, in that event, may choose between rescission of the sale or a reduction in the sale price (provisions of Articles 1644 of the French Civil Code).

14. Complaints and mediation

Where applicable, the Buyer may submit any complaint by contacting the company using the following details:

By email: contact.ocparts@gmail.com
By post: 4, Impasse de la Rabine Verte, 22100 Saint-Samson-Sur-Rance

In accordance with the provisions of Arts. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he or she may have recourse to a consumer mediator under the conditions laid down in Title I of Book VI of the French Consumer Code.

If the complaint made to the Seller’s customer service department is unsuccessful, or in the absence of a reply within a period of two months, the consumer may submit the dispute to a mediator, who will attempt, with complete independence, to bring the parties together with a view to reaching an amicable solution.

15. Termination of the contract

The order may be terminated by the buyer by registered letter with acknowledgement of receipt in the following cases:

Delivery of a product that does not conform to the characteristics of the order.
Delivery later than the deadline set at the time of the order or, failing a date, within thirty days following payment.
An unjustified price increase or a modification of the product. In these cases, the buyer may demand a refund of the deposit paid, plus interest calculated at the statutory rate from the date on which the deposit was cashed.

16. Intellectual property rights

The trade marks, domain names, products, software, images, videos, texts or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTCS. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

17. Force majeure

The performance of the seller’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or of force majeure that would prevent their performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

18. Nullity and amendment of the contract

If one of the stipulations of this contract were to be annulled, that nullity would not entail the nullity of the other stipulations, which will remain in force between the parties. Any contractual amendment is valid only after a written agreement signed by the parties.

19. Protection of personal data

The information requested at the time of the order is necessary for drawing up the invoice (a legal obligation) and for delivering the goods ordered, failing which the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

Our privacy policy is available in detail on our website.

20. Governing law and clauses

All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale transactions referred to therein, shall be subject to French law.

The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.

21. Consumer information

For the purposes of consumer information, the provisions of the French Civil Code and of the French Consumer Code are reproduced below:

Article 1641 of the French Civil Code: The seller is bound by the guarantee in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would have paid only a lower price for it, had he known of them.
Article 1648 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of being time-barred, within the year following the date on which the seller may be discharged from apparent defects or lack of conformity.
Article L. 217-5 of the French Consumer Code: The goods conform to the contract: 1° If they are fit for the use ordinarily expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; – if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling; 2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.
Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is time-barred after two years from delivery of the goods.
Article L. 217-16 of the French Consumer Code: Where the buyer asks the seller, during the term of the commercial guarantee granted to him at the time of the acquisition or repair of a movable item, for a repair covered by the guarantee, any period of at least seven days during which the item is out of use is added to the remaining term of the guarantee. This period runs from the buyer’s request for intervention or from the time the item in question is made available for repair, if it is made available after the request for intervention.