GENERAL SALES CONDITIONS (GSC)

These conditions apply to the sale of products by ELECTRONIC PARTS - eParts', 15 Rue René GOSCINNY, 93000 BOBIGNY Siret: 480 999 960 on its online shop "eParts'". They are automatically made available to the buyer on the pages of the internet site. Consequently, any order implies the buyer's full and unreserved acceptance of these General Sales Conditions.

ELECTRONIC PARTS - eParts' has an internet site accessible at the following address: https://www.eparts.fr

This internet site is published by ELECTRONIC PARTS - eParts',
EU VAT No.: FR5348099960;
tel: 0148439181
Email: info@eparts.fr

ELECTRONIC PARTS - eParts' offers its products for sale through several channels:

• Its internet site
• By email: info@eparts.fr
• At its premises located at 15 Rue René GOSCINNY, 93000 BOBIGNY during office hours from 9am to 12.30pm and 1.30pm to 5.30pm.

These General Sales Conditions are therefore intended to apply regardless of the sales channel used by the buyer.
They are accessible at any time on the internet site https://www.eparts.fr// and shall prevail over any other version or any other contradictory document, if any.
These General Sales Conditions may be subject to later modifications and the version applicable to the Client's purchase is the version in force on the internet site on the date of placing the order.
Any order of a Product offered on this internet site implies the acceptance by the purchasing Client of these General Sales Conditions.

Article 1 - PRODUCTS OFFERED FOR SALE

The products offered for sale by ELECTRONIC PARTS - eParts' are those described on the site on the day it is consulted by the Client, as well as those offered for sale by telephone/ email/ on site, while stocks last.
The seller shall not be held responsible for any error in the updating of the available stock and shall not be held responsible for the cancellation of an Order for a Product due to the exhaustion of the stock.
The principal characteristics of the Products offered for sale and in particular the specifications, illustrations and indications of the dimensions or the capacity of the Products are presented on the internet site https://www.eparts.fr//.
The Client is required to take these into account before placing an order.
The Client is solely responsible for the choice and the purchase of a Product.
The photographs, graphics and logos presented on the internet site https://www.eparts.fr// are not contractual and do not engage the responsibility of the seller.
The Client is required to refer to the description of each Product in order to know its properties, essential features and delivery times even in the case of continuous or periodic supply of an item for the minimum duration of the proposed agreement.
The contractual information is presented in French and is confirmed at the latest at the time when the Client validates the order. If these General Sales Conditions are translated into other languages, the French version shall prevail.

Article 2 - ORDERS

All products offered for sale on ELECTRONIC PARTS - eParts' are subject to availability. Once finalised, your order constitutes acceptance of our offer, including acceptance of the price quoted and the products specified.

The Client can place an order:

• From the internet site https://www.eparts.fr/
• By email at info@eparts.fr
• On site: At 15 Rue René GOSCINNY, 93000 BOBIGNY during office hours from 9am to 12.30pm and 1.30pm to 5.30pm

In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Client has a right of access, rectification, erasure, opposition and portability for all of his/her personal data at any time by writing, by post and providing proof of his/her identity, to the Seller's address, as cited above.

The Client acknowledges that he/she has the required capacity to conclude a contract and acquire the Products offered.

• For purchases on the internet, it is recalled that the validation of the order by the Client implies acceptance without restriction or reservation of these General Sales Conditions.
Placing an Order on the internet site is subject to compliance with the procedure put in place by eParts' on the site, which includes successive steps leading to the validation of the Order.

The Client may select one or more Products in the number he/she wishes on the internet site https://www.eparts.fr//, this selection will automatically be added to the Shopping Cart (the "Shopping Cart").

By clicking on the Shopping Cart, the Client will be able to see the list of Products he/she has chosen as well as the prices and related costs.
As long as the Order has not been validated, the Client will always have the possibility of returning to the Shopping Cart and modifying it if necessary.
It is the Client's responsibility to check the accuracy of the Order and to indicate or correct any errors immediately before final validation.

Validation of the Order confirms the Client's acceptance of the General Sales Conditions, the General Terms and Conditions of Use of this internet site, the Products purchased, their price and the related costs.

All new Clients must fill in the fields requested in order to create a Client account. The Client undertakes to fill in this information accurately.

Clients who already have a Client account must identify themselves by entering the login and password that they provided when creating their account.

Once the payment has been made in full, a confirmation email will be sent to the Client at the email address provided when the order was placed. This confirmation email summarises the Order, the Products, the Price, the quantity and the amount of the charges.

The sale shall only be considered final after the Seller has sent the Client confirmation of acceptance of the order by email and after the full price has been received.

Any order that is placed and validated by the Client and confirmed by the Seller under the conditions and according to the terms set out below on https://www.eparts.fr// constitutes a distance contract between the Client and the Seller.

The invoice will be sent by email/when the parcel is sent, an unencrypted delivery note will be included in the shipment for inspection.

Unless proven to the contrary, the data recorded in the Seller's information system constitutes proof of all of the transactions concluded with the Client.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.

The Client can follow the progress of the order on the internet site https://www.eparts.fr// in his/her Client space. The Client will also receive information by email on the follow-up and processing of his/her Order.

Article 3 - PRICES

The prices of our products are indicated in Euros, including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. ELECTRONIC PARTS - eParts' reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in effect at the time the order is recorded, subject to availability on that date. Any change in the VAT rate will automatically be reflected in the prices.

In the event of an order to be sent to any country other than Metropolitan France, the Client is the importer of the product or products in question. Customs duties, other local taxes, import duties, taxes may be payable. ELECTRONIC PARTS - eParts' is not responsible for these duties and taxes. They will therefore be at the expense of the Client and are solely his/her responsibility, both in terms of declarations and payments to the competent authorities and bodies in his/her country. The Client is therefore advised to check with the local authorities with regard to these issues.

Any order validated and confirmed on the eParts' internet site implies acceptance of these General Sales Conditions without exception or reservation. All the data provided and the recorded confirmation will constitute proof of the transaction, signature and acceptance of the operations performed. The Client declares that he/she is fully aware of this.

A summary of the order information will be sent to the Client in PDF format via the email address used to confirm the order.

Article 4 - PAYMENT TERMS

For individuals or professionals without accounts:

All orders, regardless of the place of origin, are payable in Euros.

Payment is made at the time of ordering and allows the order to be validated. This means that the Client must pay the price indicated either:

• By bank card by means of the secure platform of MONETICO/CIC
• By bank transfer according to the bank identification document provided (sending confirmation of the order and proof of the transfer)
• By cheque to the order of ELECTRONIC PARTS - eParts' to be sent to 15 Rue René GOSCINNY, 93000 BOBIGNY and enclosing the order confirmation.

In the case of payment by bank transfer or cheque, the order will only be processed once the full price of the order has been received.

For resellers or professionals with accounts:

All orders, regardless of the place of origin, are payable in Euros, with the exception of known professional resellers who have opened an account with a sales representative in the following currencies:

• $ USD (US Dollar),
• £ GBP (Pound Sterling)

Payment is made on the due date in accordance with the payment terms for the account (see Opening an Account). This means that the Client must pay the price indicated either:

• By credit card via the TPE platform, on site, or by telephone.
• By bank transfer to the bank account provided
• By cheque to the order of ELECTRONIC PARTS - eParts' to be sent to 15 Rue René GOSCINNY, 93000 BOBIGNY and stating the account number and the invoices in question.

In the event of late payment or a limitation of the amount outstanding, eParts' may require payment at the time of order. In this case, payment must be made at the time of order by bank transfer and the order will be delayed until the full price for the order is received.

In the event of late payment, in accordance with the French law 92-1442, eParts' shall apply penalties to the amount of the invoice calculated on the basis of one and a half times the legal interest rate for any delay in payment beyond one month following the receipt of the invoice.

For professional Clients, a fixed collection fee will be applied after one month's delay in payment following the receipt of the invoice.

In any case, if a Product is sold out between the debit and the actual delivery, a refund for the non-professional Client or a credit note for the professional Client, for the amount of the sold-out Product will be generated as soon as possible.

Article 5 - TRANSFER OF RISKS AND OWNERSHIP

The transfer of ownership takes place on the date of full payment of the price. The transfer of risk takes place upon delivery in any case

Article 6 - RIGHT OF RETRACTION

The non-professional Client has a 14-day period for retraction, in accordance with the provisions of Article L.121-21 of the French Consumer Code, following the date of receipt of the products, without having to give any reason or pay any penalty.

The non-professional Client has a 14-day period for retraction, in accordance with the provisions of Article L.121-21 of the French Consumer Code, following the date of receipt of the products, without having to give any reason or pay any penalty.

Products must be returned in their original condition, complete and unopened (packaging, accessories, instructions). This return is solely the responsibility of the Client. Any damage suffered by the product in this connection may be cause to invalidate the right of retraction.

The cost of returning the product shall be borne by the Client and shall not entitle him/her to any reimbursement.

In the case of exercising the right of retraction, ELECTRONIC PARTS - eParts' will reimburse the sums paid within 14 working days following the notification of receiving the return of the products and using the same means of payment used for the initial transaction.

EXCEPTIONS AU DROIT DE RETRACTATION

In accordance with the provisions of Article L221-28 of the French Consumer Code, the right of retraction does not apply, among others, to contracts for:

1. the supply of services which have been fully performed before the end of the retraction period and when performance began after the consumer gave prior express consent and expressly waived the right of retraction;
2. the supply of goods or services for which the price depends on fluctuations in the financial market beyond the professional's control and which may occur during the retraction period;
3. the supply of goods made to the consumer's specifications or which are clearly personalised;
4. the supply of goods which may deteriorate or expire rapidly;
5. the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6. the supply of goods which, after delivery, are by their nature inseparably mixed with other articles;
7. the supply of alcoholic beverages for which delivery is deferred for more than thirty days and the value of which was agreed upon at the conclusion of the contract and depends on fluctuations in the market beyond the control of the professional;
8. maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency;
9. the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10. the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;
11. sales concluded at a public auction;
12. the provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;
13. the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given prior express consent and expressly waived the right of retraction.

Article 7- AVAILABILITY

Our products are offered as long as they are visible on the eParts' website and while stocks last. For products not in stock, our offers are subject to availability from our suppliers.

In the event of unavailability of a product after placing your order, the Seller will inform the Buyer of this as soon as possible.

If the manufacturer informs the Seller that a product is obsolete, the order for the product in question will be cancelled and the order will be reimbursed as soon as possible.

Article 8 - DELIVERIES

All products are delivered to the delivery address indicated by the buyer during the ordering process.

In the case of delivery by a transporter, ELECTRONIC PARTS - eParts' cannot be held responsible for any delay in delivery due exclusively to the Client's unavailability after several proposed appointments.

Deliveries to individuals:

The delivery period runs from the time of validation of the availability of the product and will be communicated to the buyer upon final validation of the order (Cf.: AVAILABILITY); otherwise, the maximum delivery period is thirty (30) days from the acceptance of the order, in accordance with Article L. 216-1 of the French Consumer Code.

In accordance with the legal provisions, in the event of late delivery and unless otherwise agreed, the non-professional Client has the possibility of cancelling the order under the conditions and procedures defined in Article L 138-2 of the French Consumer Code. EParts' will reimburse the Client as well as for the shipping costs in accordance with Article L 138-3 of the French Consumer Code.

Deliveries to resellers and professionals

Article 9 - Legal guarantees

The Client's rights under the legal guarantee of conformity stated in Articles L. 217-4 through L. 217-13 of the French Consumer Code and the legal guarantee relating to defects in the object sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code are not affected in any way by a commercial guarantee.

In accordance with the law, the principal texts of the French Consumer Code and the French Civil Code relating to the rights of a non-professional Client under the legal guarantee of conformity and the legal guarantee in connection with redhibitory defects are reproduced below:

* Legal Guarantee of Conformity

Article L. 217-4 of the French Consumer Code:
“The seller must deliver the item in conformity with the contract and shall be responsible for any defects of conformity that exist at the time of delivery. It shall also be responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when this is the seller’s responsibility under the contract or when it was carried out under the seller's responsibility.

Article L. 217-5 of the French Consumer Code:
"To be in conformity with the contract, the goods must:
1. Be appropriate for the use normally expected from a similar item and, as the case may be:
-correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or a model;
-present the qualities that a buyer may legitimately expect with regard to the public declarations made by the seller, the producer or by its representative, particularly in advertising or labelling;
2. Or present the characteristics defined by a joint agreement between the parties or be appropriate for any special use sought by the buyer and brought to the knowledge of the seller and which the seller accepted.”

Article L. 217-7 of the French Consumer Code:
Defects in conformity which appear within twenty-four months following the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may dispute this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L. 217-9 of the French Consumer Code:
"In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller is allowed not to proceed in accordance with the buyer's choice if this choice would entail a cost which is clearly disproportionate to the other method, taking into account the value of the goods or the magnitude of the defect. It is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer."

Article L. 217-12 of the French Consumer Code:
“An action resulting from a lack of conformity is time limited to two years following the delivery of the item.”

Guarantee against hidden defects

The client may decide to invoke the guarantee against hidden defects of the item sold in accordance with Article 1641 of the French Civil Code and in this case may choose either to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

Article 1641 of the Civil Code:
“The seller is required to guarantee against hidden defects in the item sold which render it inappropriate for the usage for which it is intended or which so reduce such usage that the buyer would not have acquired it, or for which the buyer would only have paid a lower price, if the buyer had been aware of them.“

Article 1648 paragraph 1 of the Civil Code:
“An action resulting from critical defects must be brought by the buyer within a period of two years after discovering the defect." [...]

All claims and requests for exchange or reimbursement must be made by email within 30 days following the invoice date. Spare parts have a 90-day guarantee and for everything else that is not spare parts this is 30 days

The products must be returned to us in the state in which the Client received them with all the elements (accessories, packaging, instructions, etc.), otherwise the return may be refused.

The return costs are the exclusive responsibility of the Client and will not be reimbursed.

These provisions do not prevent the Client from benefiting from the right of retraction provided for in Article 6.

The Seller’s guarantee is, in any event, limited to the replacement or the reimbursement of the products that are not in conformity or which are affected by a defect.
The liability of the Seller with regard to any Product purchased from the Site is strictly limited to the purchase price of the Product.

Article 10 - Responsibilities

The products offered comply with current French legislation. ELECTRONIC PARTS - eParts' shall not be held liable in case of non-compliance with the legislation of the country where the product is delivered. It is the Client's responsibility to check in advance with the local authorities the possibilities of importing or using the products or services he/she intends to order.

Furthermore, ELECTRONIC PARTS - eParts' shall not be held responsible for any damage resulting from improper use of the purchased product.

Finally, ELECTRONIC PARTS - eParts' shall not be held liable for any inconvenience or damage inherent in the use of the internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any express or implied guarantee, with the exception of the guarantees provided by law.

The Seller makes no warranty with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a Client's downloading of any content, the software used by the Client to download the content, the Site or the server that makes it available.

The Client acknowledges that it is his/her responsibility to install appropriate anti-virus and security software on his/her computer hardware and other devices to protect them from any bugs, viruses or other such programming routines that may prove harmful.

The Client assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he/she is solely responsible for any damage to his/her computer system or loss of data that results from downloading such content.

Article 11 - APPLICABLE LAW IN THE CASE OF DISPUTES

These General Sales Conditions are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.

In accordance with Article L. 612-1 of the French Consumer Code, "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him/her and a professional. To this end, the professional must guarantee the consumer effective recourse to a consumer mediation mechanism."

If the Client is a professional, any dispute arising from these conditions shall fall under the exclusive jurisdiction of the Commercial Court of Bobigny.

Article 12 - INTELLECTUAL PROPERTY

All elements of the eParts' internet site are and remain the exclusive intellectual property of ELECTRONIC PARTS - eParts'. No one is authorised to reproduce, utilise, re-distribute or use, in any manner whatsoever, even partially, the information on the site, whether this is software, visuals or sounds. All simple and hypertext links are strictly prohibited without the express consent of ELECTRONIC PARTS – eParts’.

Article 13 - Personal Data

ELECTRONIC PARTS - eParts' reserves the right to collect personal information concerning the Client. This information is necessary for the management of the Client's order, as well as for the improvement of the services and information that are provided to him/her.

This information may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This information and data are also retained for security purposes, in order to observe legal and regulatory obligations.

In accordance with the law of 6 January 1978, the Client has the right of access, rectification and opposition with regard to personal information and data concerning him/her, directly on the internet site.

Article 14 - ARCHIVING - PROOF

ELECTRONIC PARTS - eParts' will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the French Civil Code.

The computerized records of ELECTRONIC PARTS - eParts' shall be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Article 15 - UNFORSEEABILITY

In the event of an unforeseeable change in circumstances at the time of concluding the agreement, in accordance with the provisions of Article 1195 of the French Civil Code, the Party which has not agreed to assume a risk that would be excessively costly to perform may request that its contractual partner renegotiate the agreement.

Article 16 - FORCE MAJEURE

The Parties may not be held responsible if the non-performance or the delay in the performance of any of their obligations described herein results from a case of force majeure in the sense of Article 1218 of the French Civil Code.

Article 17 - PARTIAL INVALIDITY

If one or more of the provisions of these General Sales Conditions is held to be invalid or declared to be invalid in application of a law, a regulation or as the result of a definitive decision by a competent court, the other provisions shall retain all of their force and scope.

Article 18 - Non-waiver

No tolerance, inaction or inertia on the part of the Seller shall be construed as a waiver of its rights under these General Sales Conditions.

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Annex 1 - Provisions relating to legal guarantees

- Article L. 217-4 of the French Consumer Code:
“The seller must deliver the item in conformity with the contract and shall be responsible for any defects of conformity that exist at the time of delivery. It shall also be responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when this is the seller’s responsibility under the contract or when it was carried out under the seller's responsibility.

- Article L. 217-5 of the French Consumer Code:
“The item is in conformity with the contract:
1. If it is appropriate for the use normally expected from a similar item and, as the case may be:
- if it corresponds to the description provided by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or a model;
- if it presents the qualities that a buyer may legitimately expect with regard to the public declarations made by the seller, the producer or by its representative, particularly in advertising or labelling;
2. Or if it presents the characteristics defined by a joint agreement between the parties or is appropriate for any special use sought by the buyer and brought to the knowledge of the seller and which the seller accepted.”

- Article L. 217-12 of the French Consumer Code:
“An action resulting from a lack of conformity is time limited to two years following the delivery of the item.”

Article L. 217-16 of the French Consumer Code:
“When, in the course of the commercial guarantee granted to the buyer at the time of the acquisition or repair of moveable property, the buyer requests reconditioning that is covered by the guarantee, any period of immobilising the item of at least seven days shall be added to the duration of the guarantee remaining to run.
This period commences as from the request by the buyer for intervention or when the buyer provides the item in question for repair, if this is later than the request for intervention.”

- Article 1641 of the French Civil Code:
“The seller is required to guarantee against hidden defects in the item sold which render it inappropriate for the usage for which it is intended or which so reduce such usage that the buyer would not have acquired it, or for which the buyer would only have paid a lower price, if the buyer had been aware of them.”

- Article 1648 paragraph 1 of the French Civil Code:
“An action resulting from critical defects must be brought by the buyer within a period of two years after discovering the defect. “

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Annex 2 - Form for Retraction

This form must be completed and sent only if the Client wishes to retract the order placed on https://www.eparts.fr// , except in the case of exclusions or limitations on the exercise of the right of retraction according to the applicable General Sales Conditions.

To the attention of:

ELECTRONIC PARTS eParts' -
• By email: info@eparts.fr
• By post to 15 Rue René GOSCINNY, 93000 BOBIGNY

I hereby give notice of retraction from the agreement for the order of the following Products:

• Date of the order:
• Order number and/or invoice number:
• Full name of the Client:
• Client address:
• Reference number for the item:
• RIB (bank identity document) for reimbursement, only if payment was made by bank transfer
• Signature of the Client