Terms and Conditions
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Article 1 – Application of the General Terms and Conditions of Sale – Caveat to the General Terms and Conditions of Sale
The present general terms and conditions of Sale (GTCS) constitute the basis of the commercial negotiation and are systematically addressed and given to each buyer to allow him to place an order.
Consequently, except particular condition, the placing of an order implies the total approval without any reservation by the buyer of the general terms and conditions of sale, excluding any other documents such as leaflets, catalogue issued by the vendor and which only have an indicative value.
No particular condition can, except formal and written acceptance from the vendor, prevail against the general terms and conditions of sale.
Any other condition contrary to the general terms and conditions of sale proposed by the buyer will not be, therefore, unless expressively accepted, opposable to the vendor, whatever the moment when it could have been brought to his knowledge.
The fact that the vendor doesn’t prevail himself at any given time of any of the present general terms and conditions of sale cannot be interpreted as being worth a waiving of the right to prevail himself later of any of these conditions.
It is to be noted that the photographs published on the website www.agretro.com are published as an indication and cannot be considered as contractual.
AG RETRO accepts no liability concerning the content of web sites which could appear as hypertexts links on www.agretro.com Moreover, AG RETRO cannot be held responsible in case of the malfunction (or failure) of the Internet network or any other technical malfunction linked to the use of the Internet network.
Article 2 – Order
To be valid, the order must stipulate notably: the quantity, the make, the type, the references of the sold products as well as the price, the conditions of payment and the place of delivery (if applicable).
Any order will be the object of a confirmation showing the contractual information at the latest at the date of delivery.
The orders will only be able to be honoured within the limit of the stock available from the suppliers of AG RETRO.
If the ordered product is not available or will not be available before a period of time not acceptable by the customer, the AG RETRO company may offer a replacement product. This proposal doesn’t commit the customer who can accept or refuse this replacement.
Nevertheless in no circumstances can the AG RETRO company be held responsible for the unavailability of an ordered product in the stock of its own supplier.
In case of the unavailability of an ordered product, the refusal from the client of the delivery time announced or of the proposed replacement product, the refund will be made using the same mean of payment used by the client for his order, if the customer is refunded by cheque, this cheque will be sent to the address of the invoice, at the latest within fifteen days from reception of the cleared payment.
Any modification or cancellation of an order asked by the buyer can only be taken into consideration if it has arrived in writing before the shipment of the products.
In accordance with the article 1148 of the French Civil Code, the AG RETRO company couldn’t be held responsible for the non-performance of the contract in a case of absolute necessity or act of God.
No responsibility can be withheld against AG RETRO in case of disruption, whatever the cause, of the means of shipment of the products, as for example in case of strike, fire, or flood.
The confirmation of the order involves from the buyer the acceptance of the general terms and conditions of sale of the seller, the acknowledgment of being perfectly aware of them and the waiver of prevailing himself of his own buying conditions. By placing an order, the buyer confirms that he or she is 18 or over.
Article 3 – Availability
The special offers of products and promotions are only offered within the limit of available stocks. For the products which are not in stock, our offers are valid subject to availability at our suppliers.
In case of unavailability of a product at our suppliers, we will inform you by e-mail or mail of the replenishment time.
This time coming directly from our suppliers, any exceptional error or modification will be independent of our will and we cannot be held responsible, as indicated in article 2.
Article 4 – Price
The products are supplied at the price in force at the time the order was placed, expressed in euro and taking into account the TVA (VAT) applicable on the day of the order; any change of the rate can be transferred onto the price of the products or services. Any tax, duty, right, other service, to be paid by application of the French regulations or those of an importing country or a transit country are the responsibilities of the buyer.
AG RETRO SARL has the right to change its tariffs without any particular notification, the prices shown at the time of the order will be the prices applied to that order.
Article 5 – Payment
An invoice is raised for any delivery of product and/or for any service.
The payment is due at the date of the order. The orders will only be processed once payment has cleared in the bank account of the company.
The payments are in euros and can be done by debit or credit card or bank transfer (contact us for more information
Your payments on our website are protected by the SSL process to guarantee the best possible the security of the transmission of your data.
Article 6 – Delivery
Our products are delivered in France, Great Britain, Ireland, Spain, Portugal, Belgium, Luxembourg, Switzerland, Italy, the Netherlands, Denmark, Norway, Sweden, Finland, Germany, Poland, Czech Republic, Slovakia, Hungary, Austria, Slovenia, Greece, the United States of America, Canada, Japan, Australia and New Zealand.
The products are delivered to the delivery address declared during the ordering process.
Please note that this address cannot be a postal box or a hospital or a public establishment.
The deliveries are only processed according to availability, in order of arrival of the orders.
The seller is authorized to deliver fully or partially.
The delivery times are indicated as exactly as possible but depend on the replenishment and transport availabilities of the seller.
Failure to keep within the delivery times cannot give right to interest or damages, deduction or cancellation of current orders.
Failure to collect within ten working days following the notice of attempt of delivery by the post office or within five working days by FRANCE EXPRESS/GEODIS, the seller can, after a formal notice to the buyer left unanswered, proceed to the withdrawal, end in full right the order. The packing, the delivery and the pick up costs will remain the responsibility of the buyer.
It is the buyer’s responsibility to make himself available to receive the ordered goods.
Any obvious defect, non conformity of the delivered product to the ordered product or to the dispatch note must be reported/noted on the delivery note by the buyer at the time of delivery and given to the carrier. Following this the buyer must notify the seller in writing by registered letter with acknowledgment of receipt within 24 hours.
It is down to the buyer at the request of the seller to supply any justification concerning the reality of these noted defects or anomalies.
He shall leave every opportunity to the seller of making the investigation of these defects and bringing remedies.
He will abstain from intervening himself or from making a third party intervene to this aim.
Article 7 – Returns
Any return of the product must be agreed formally in writing between the seller and the buyer.
Any product returned without this agreement or not following the procedure described hereafter will be kept at the disposal of the buyer and will not give rise to a client credit.
The costs and the risks of return are always born by the buyer.
Every return agreed after a seven-day period following delivery can give rise to a restocking charge.
Products made following the specifications of the consumer or personalised or ordered specially or concerning electronic parts cannot be returned when supplied following the client’s order.
Any part returned will have to be so before having been fitted onto the vehicle. The buyer must make sure that the received parts are the ones which are the appropriate parts for his vehicle before fitting them onto the said vehicle, AG RETRO will not be held responsible otherwise.
The goods are to be sent back with a return note and have to be in the same state in which the supplier has delivered them (in their new state and in their original package with accessories and documents, sealed bag non opened allowing their remarketing as new).
Any return agreed by the seller will give rise to a client credit to the benefit of the buyer, after qualitative and quantitative verification of the returned products; the failure to follow the procedure above can invalidate the claim.
In the case of obvious defects or non conformity of the delivered products duly assessed by the seller as per conditions stipulated above, the buyer will get the free replacement or the refund of the products depending on the seller excluding any indemnity or damages.
As per every contract of distant selling, the buyer has a seven-working day period to rescind.
For any order up to 30 kg delivered in metropolitan France, the buyer following the use of his right of rescinding (within the seven-working day period) will be charged the direct costs of sending back the goods (including packaging & insurance).
For any other order over 30 kg or where the parcel length + width + height is over 200cm (and/or its length is over 100cm), delivered in metropolitan France, the costs which will be charged to the buyer following the use of his right of rescinding for goods correctly delivered according to the passed order will be the cost of sending and sending back the goods and the packaging costs.
For any order delivered outside metropolitan France the costs which will be charged to the buyer following the use of his right of rescinding for goods correctly delivered according to the passed order will be the cost of sending and sending back the goods and the packaging costs.
To exercise this right, the period runs:
– for goods from the day they have been received by the buyer
– for services, from the day of signing of the contract
The refund being due will be made using the same mean of payment used by the client for his order, if the customer is refunded by cheque, this cheque will be sent to the address of the invoice, at the latest within thirty days from reception of the cleared payments and the goods having been returned.
However, this rescinding right cannot apply for any supply of services the execution of which has started with the agreement of the buyer before the end of the seven-working day period neither for any supply of goods made following the specifications of the consumer or personalised or ordered specially or concerning electronic parts.
Article 8 – Reserve and property
The delivered goods will remain the property of the AG RETRO company until the full payment of the price, increased should the need arise by late payment penalty, and more widely until the perfect execution by the buyer of the whole of his obligations.
This reserve of property clause does not hinder the transfer of risks which occurs on the day the goods are received by the buyer.
Article 9 – Warning
It is the responsibility of the buyer and not AG RETRO to check whether the product bought is homologated on the public roads in the country where it is used. It is the buyer’s responsibility to notify his insurer of any modification of the vehicle as well as the governmental bodies concerned such as the D.R.I.R.E. in France. It is impossible for AG RETRO to confirm or not the homologation on the public roads of each product due to the internationalisation of its offer and to the differences of regulations in each country.
We draw your attention to the fact that any mechanical intervention on an automotive vehicle cannot be without danger. It requires knowledge and expertise.
For your safety and the safety of others, we invite you to systematically consult a professional of the automotive mechanical engineering to make a diagnosis regarding the interventions to be carried out, and to operate these interventions and the fitting of the elements susceptible to generate danger.
Consequently, we disclaim any responsibility in the inappropriate fitting on the car.
You remain the sole person responsible for the fitting and the use of the products ordered.
Article 10 – Warranty
The products are guaranteed against any material or fabrication defect during one year from the date of invoicing unless stated otherwise.
This period will not be extended in the case of replacement or the repair of the product during the warranty.
The presentation of the invoice will be rigorously demanded when the warranty will be invoked.
Under the warranty, the only obligation resting with the seller will be, depending on him, the free replacement or the repair of the product or the element acknowledged faulty by the seller or his suppliers, except if this way of compensation is proved to be impossible or disproportionate.
To benefit from the warranty, every product has to be submitted first of all to the after-sales department of the seller whose agreement is indispensable for any replacement.
The possible costs are born by the buyer who will not be able to lay claim to any indemnity in case of the immobilization of the good due to the application of the warranty.
The warranty doesn’t apply for the obvious damages or the faults or deteriorations caused by natural wear or by an outside accident or also by a modification of the product or the vehicle not planned nor specified by the seller or by the use in automotive sports, including track days.
In case of accepted return by the seller during the warranty period, the costs and the risks of return are always born by the buyer.
Article 11 – Delay
In case of delay of payment, the seller will be able to suspend all the current orders without prejudice of any other way of action.
Any amount unpaid at the date of payment shown on the invoice will result in full right, as early as the following day of the payment date shown on this invoice, in the application of penalties of an amount equal to three times the legal interest rate the day following the payment due date shown on the invoice.
Article 12 – Protection of personal data
All the personal data collected by our departments are processed with the strictest confidentiality. The information given will only be used to process your order and to reinforce and personalise the communication and our product offers.
In accordance with the “Loi Informatique et Liberté” dated the 6 January 1978, you have a right of access, of rectification and of opposition on the personal data concerning yourself.
For this, just inform us by e-mail (email@example.com) or by mail (AG RETRO, 6 rue de Romeries, 59218 VENDEGIES-AU-BOIS, France) and indicate your surname, first name, address and client reference number.
The automated information processing, including the management of the e-mail addresses of the site users, has been declared to the CNIL and registered under the number 1346622.
In order to be able to manage in the best possible way our customer service and to be able to establish statistics for each client, a cookie can be placed on the hard drive of the client. This latter agrees to the installation and use of this cookie by our company.
Article 13 – Prior information
Before the signing of the contract, the buyer has had the following information:
– Identity of the supplier (AG RETRO)
– Essential characteristics of the good or the service
– Net price of the good or the service
– Cost of delivery if needed
– Method of payment, delivery, execution
– Existence of a right of rescinding
– Duration of validity of the offer
Article 14 – Intellectual Property
Everything appearing on the www.agretro.com website is protected by the provisions of the “Code de la Propriété Intellectuelle”. Any unauthorised use is forbidden.
Article 15 – Right, litigation
These present terms and conditions of sale translated from the French language will be executed and interpreted according to French law.
In case of litigation between the client and AG Retro, an amicable solution will be sought as a priority.
In application of articles L. 616-1 et R. 616-1 of the French Consumer Law, if an amicable solution can’ t be found, and after having sent a written complaint to AG RETRO beforehand, the client can use the following mediator: Médiateur du Conseil national des professions de l’automobile (CNPA) – provided that certain conditions are met, conditions that can be found on http://www.mediateur-cnpa.fr/comprendre-la-mediation.htm :
– either directly on line on the following website www.mediateur-cnpa.fr ;
– either by filling the downloadable form found on the website of the mediator and sending it by mail to à M. le Médiateur du Conseil national des professions de l’automobile (CNPA) – 43 bis route de Vaugirard – CS 80016 – 92197 Meudon CEDEX ou by email to firstname.lastname@example.org.
AG RETRO informs its clients of the existence of the European Online Dispute Resolution, aiming at receiving potential complaint following a purchase online by European customers and sending them to the competent nationalmediator.
You can contact them at : http://ec.europa.eu/consumers/odr/
Failing an amicable solution, only the jurisdictions of Valenciennes will be competent.