THE PRESENT CONTRACT IS CONCLUDED BETWEEN :
AUTO CLASSIC PASSION
OF THE ONE PART,
Any individual, non-professional, acting as a consumer;
Hereinafter referred to as the "CONSUMER CUSTOMER"
Any individual or legal entity acting in a professional capacity.
Hereinafter referred to as "PROFESSIONAL CUSTOMER"
And more generally "CUSTOMER", in the plural as well as the singular;
ON THE OTHER HAND;
These GENERAL TERMS AND CONDITIONS OF SALE apply, without restriction or reserve, to all sales concluded by the AUTO CLASSIC PASSION COMPANY with non-professional CUSTOMERS wishing to purchase the PRODUCTS offered on the Internet site: http://www.1923shop.com/.
This e-commerce site is published by AUTO CLASSIC PASSION, a limited liability company with a share capital of 50,000 euros, registered in the LILLE METROPOLE Trade and Companies Register under number 792 524 399, whose registered office is SARL AUTO CLASSIC PASSION 59130 LAMBERSART. The VAT number of AUTO CLASSIC PASSION is FR01792524399.
These GENERAL TERMS AND CONDITIONS OF SALE are valid as of September 30, 2013. They replace and cancel all previous versions.
ARTICLE 1 - DEFINITIONS
Under the terms hereof, each of the expressions mentioned in the GENERAL CONDITIONS shall have the meaning attributed to it hereinafter, in the singular as well as in the plural, namely:
"ORDER" refers to the sales contract concluded between the CUSTOMER and the AUTO CLASSIC PASSION COMPANY;
"CUSTOMER ACCOUNT" refers to the "My Account" space available on the www.1923shop.com website, allowing the CUSTOMER to access his/her PERSONAL DATA after logging in;
"PERSONAL DATA" refers to the CUSTOMER's surname, first name, postal address, billing address, e-mail address and methods of payment;
"REGISTRATION" refers to the process of creating an ACCOUNT on the www.1923shop.com website. To this end, THE CUSTOMER must complete a registration form;
"CONSUMER CUSTOMER" refers to any individual, non-professional, acting as a consumer;
"PROFESSIONAL CUSTOMER" refers to any natural or legal person acting in a professional capacity;
"PASSWORD" refers to a confidential piece of information, which the CLIENT must keep secret, enabling him/her, together with his/her e-mail address, to prove his/her identity;
"PRODUCTS" refers to the goods described and offered for sale on the http://www.1923shop.com website
ARTICLE 2 - PURPOSE AND ACCEPTANCE OF TERMS AND CONDITIONS
1.1 - PURPOSE - SCOPE OF APPLICATION
The purpose of these GENERAL TERMS AND CONDITIONS is to define the terms and conditions under which AUTO CLASSIC PASSION offers PRODUCTS for sale on its website http://www.1923shop.com.
These GENERAL CONDITIONS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These GENERAL TERMS AND CONDITIONS can be accessed at any time on the www.1923shop.com website and shall prevail, where applicable, over any other version or any other contradictory document.
Except contrary proof, the data recorded by COMPANY AUTO CLASSIC PASSION constitute the proof of the whole of the transactions.
THE CUSTOMER recognizes to have acquainted with the characteristics of the PRODUCTS provided by COMPANY AUTO CLASSIC PASSION before any ORDER, so that it declares perfectly informed of the nature and the characteristics of the PRODUCTS which it buys.
1.2 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS AND ANY MODIFICATIONS THERETO - CAPACITY TO CONTRACT
Any ORDER by THE CUSTOMER implies full and unreserved acceptance of these GENERAL CONDITIONS.
THE CUSTOMER represents and warrants to AUTO CLASSIC PASSION that he/she has full power and authority to enter into, accept and perform the present contractual obligations.
Furthermore, THE CUSTOMER recognizes and accepts that THE AUTO CLASSIC PASSION COMPANY can modify, at any time and without notice, the contents of the present GENERAL CONDITIONS.
The modifications of the GENERAL CONDITIONS are opposable to the users of the site as from their on-line publishing and cannot apply to the transactions concluded previously.
ARTICLE 3 - CUSTOMER ACCOUNT CREATION
To place an ORDER, a CUSTOMER ACCOUNT must first be created on the www.1923shop.com website.
The CUSTOMER accesses the "REGISTRATION/ LOGIN" page by hovering over the "REGISTRATION/ LOGIN" icon on the home page of the www.1923shop.com website.
The CLIENT must then enter a valid e-mail address in the "NEW CLIENT? CREATE YOUR ACCOUNT NOW" FIELD.
The customer is then redirected to the "CREATE YOUR ACCOUNT NOW" page, where he/she must enter his/her title, first name, last name, e-mail address and date of birth.
The CLIENT must also define a password.
Once the CUSTOMER ACCOUNT has been created, the CUSTOMER is redirected to their "MY ACCOUNT" space, where they can manage their personal information, ORDERS and addresses.
An acknowledgement of receipt is sent by return to the e-mail address given in the registration form, confirming acceptance of the request to create a CUSTOMER ACCOUNT.
ARTICLE 4 - PLACING ORDERS
All ORDERS on the site are subject to compliance with the procedure described below, which takes the form of a succession of different pages indicating the steps that the CLIENT must validate in order to place an ORDER.
Thus, it is the CLIENT's responsibility to select the PRODUCTS he/she wishes to order on the site, according to the following procedures:
Add PRODUCTS to the shopping cart by clicking on "ADD TO CART";
Click on "I'M FINISHING MY ORDER" and then on "CONFIRM MY ORDER";
Fill in the "YOUR ADDRESS" form;
Choose your delivery address and billing address;
Choose your delivery method;
Choose your method of payment and pay;
Confirm the ORDER by clicking on "I CONFIRM MY ORDER".
Once the ORDER has been validated, AUTO CLASSIC PASSION will acknowledge receipt by e-mail to the address provided by the CUSTOMER on their CUSTOMER ACCOUNT.
This E-MAIL confirming the ORDER includes all the characteristics of the CUSTOMER'S ORDER.
ARTICLE 5 - CONSUMER CUSTOMER RIGHT OF WITHDRAWAL
Pursuant to article L. 121-20 of the French Consumer Code and subsequent articles relating to distance sales of goods and provision of services, the CONSUMER CUSTOMER has the right to cancel any ORDER.
The CONSUMER CUSTOMER has a period of 30 working days from delivery of the PRODUCTS to return them to the COMPANY AUTO CLASSIC PASSION for exchange or refund, provided that the PRODUCTS are returned in their original packaging and in perfect condition within 30 days of delivery. Damaged, soiled or incomplete items will not be accepted.
Return shipping costs will be borne by the CONSUMER CUSTOMER. With certain exceptions, see details in the exchange and refund conditions.
The return of PRODUCTS must be accompanied by the return form. The exchange, subject to availability, or refund will be made within five (5) days of receipt, by THE AUTO CLASSIC PASSION COMPANY, of the items returned by THE CONSUMER CUSTOMER.
ARTICLE 6 - PRICE AND AVAILABILITY
The PRODUCTS are supplied at the prices in force appearing on the site, at the time of the recording of the ORDER by SOCIÉTÉ AUTO CLASSIC PASSION. Prices are expressed in Euros, excluding and including VAT.
These prices are firm and non-revisable during their period of validity. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition.
PRODUCT offers are subject to availability. Information on PRODUCT availability is provided at the time the ORDER is placed.
An invoice is issued by AUTO CLASSIC PASSION and given to the CLIENT upon delivery of the PRODUCTS ordered.
ARTICLE 7 - TERMS OF PAYMENT
7.1 - TERMS OF PAYMENT
Payment is to be made in cash on the day the ORDER is placed, by PAYPAL. By choosing to pay by PAYPAL, the customer declares that he/she has read and accepted without reservation the general terms and conditions of the PAYPAL service; by credit card, via a secure payment server. Cards bearing the CB trademark and CB-approved cards may be used, i.e. cards bearing only the VISA or MASTERCARD trademarks (including ELECTRON and MAESTRO) whose acceptance in the "CB" system has been approved by the "CB" Economic Interest Group, and cards issued within the framework of foreign or international networks approved by the "CB" Economic Interest Group. Foreign ELECTRON cards from the VISA network and foreign MAESTRO cards from the MASTERCARD network cannot be used for remote payment;
7.2 - PAYMENT SECURITY
Payment by credit card is handled by CIC via the Monetico platform, a French credit institution approved by the Autorité de Contrôle Prudentiel (ACP, 61, rue Taitbout 75 436 Paris Cedex 09), which uses SSL encryption. The data recorded by Le CIC on its MONETICO platform on behalf of LA SOCIÉTÉ AUTO CLASSIC PASSION constitutes proof of all transactions.
7.3 - LATE PAYMENT PENALTIES AND FLAT-RATE COMPENSATION FOR COLLECTION COSTS PAYABLE BY THE PROFESSIONAL CUSTOMER
Any late payment by the PROFESSIONAL CUSTOMER will incur a late payment penalty equal to the latest ECB refinancing rate, plus 10 points, calculated pro rata temporis on the remaining sums due, in accordance with the provisions of article L. 441-6 of the French Commercial Code.
In addition, any invoice paid after the due date by the PROFESSIONAL CUSTOMER will be increased ipso jure by an indemnity fixed at a flat rate of FORTY EUROS (€40), and this, in accordance with the provisions of article D. 441-5 of the French Commercial Code as amended by law no. 2012-387 of March 22, 2012 and its implementing decree no. 2012-1115 of October 2, 2012.
ARTICLE 8 - DELIVERY
8.1 - GENERAL
THE AUTO CLASSIC PASSION COMPANY cannot be held responsible for any delay or error in delivery due to incorrect address entry by the CUSTOMER when placing the ORDER. The CLIENT will be billed for any re-shipment and return shipping costs. LA SOCIÉTÉ AUTO CLASSIC PASSION cannot be held responsible for any delay in delivery due to disruptions attributable to transport companies.
8.2 - DELIVERY TIME
The PRODUCTS purchased by THE CUSTOMER will be delivered within a maximum period of 15 days to the address chosen by THE CUSTOMER at the time of his ORDER on the Internet site.
THE AUTO CLASSIC PASSION COMPANY undertakes to make its best efforts to deliver the PRODUCTS ordered by THE CUSTOMER within the times indicated when the ORDER is placed. However, these deadlines are communicated as an indication and a possible overtaking will not give place to any damage and interest, withholding or cancellation of the ORDER by THE CUSTOMER.
However, if the PRODUCTS ordered have not been delivered within 20 days of the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the CLIENT or AUTO CLASSIC PASSION. The sums paid by the CUSTOMER will then be returned to him without delay, to the exclusion of any compensation or deduction.
8.2 - DELIVERY AND TRANSPORT COSTS
Delivery charges depend on the delivery method chosen by the CLIENT. They are indicated to the CLIENT at the end of the ORDER before validation.
In the event of a specific request from the CLIENT concerning the packaging or transport conditions of the PRODUCTS ordered, duly accepted in writing by AUTO CLASSIC PASSION, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by THE CLIENT.
Except in the case of special circumstances or unavailability of one or more PRODUCTS, the PRODUCTS ordered will be delivered in a single shipment.
In all cases, the CLIENT will be solely responsible for any customs clearance fees, customs duties, taxes and other official charges due as a result of importing the PRODUCTS into the country where delivery is requested.
8.3 - RECEIPT OF PACKAGES
THE AUTO CLASSIC PASSION COMPANY's obligation to deliver is deemed fulfilled as soon as the PRODUCTS are made available to the CLIENT at the address indicated by the latter, by the carrier. The fulfilment of this delivery obligation is evidenced by the control system used by the carrier, in particular the delivery tracking system offered on the carrier's website.
THE AUTO CLASSIC PASSION COMPANY declines all responsibility in the event of loss or theft after delivery.
THE CUSTOMER is obliged to check the condition of the PRODUCTS delivered. The CLIENT must report in writing on the carrier's delivery slip any reservations or claims for non-conformity or apparent defect of the PRODUCTS delivered. If necessary, the CLIENT may refuse to accept the package.
If these formalities are not complied with, the PRODUCTS will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by LA SOCIÉTÉ AUTO CLASSIC PASSION.
THE AUTO CLASSIC PASSION COMPANY will replace as soon as possible and at its expenses, the delivered PRODUCTS whose apparent defects or the defects of conformity will have been duly proved by THE CUSTOMER.
8.4 AVAILABILITY OF THE PARCEL IN A RELAY POINT
The CUSTOMER has the option of having his order delivered to a relay point, only in Metropolitan France and Corsica. By choosing the relay delivery method, the customer declares that he/she has read and accepted the carrier's general terms and conditions without reservation. The customer is informed by e-mail and/or SMS of the arrival of his parcel at the relay. The customer has a period of TEN (10) working days from the date of dispatch of the e-mail to collect the order, on presentation of a valid form of identification. Once this period has expired, the parcel will be considered as abandoned and cannot be claimed by the customer.
Once the parcel has been returned to the premises of LA SOCIÉTÉ AUTO CLASSIC PASSION. The CLIENT will be reimbursed for the amount of the products ordered on the basis of the invoiced price, less delivery charges.
8-5 - RETURNS AND EXCHANGES
See conditions: https: //www.1923shop.com/fr/content/6-retours-et-echanges
ARTICLE 9: CUSTOMER LIABILITY
9.1 - ACCEPTANCE OF INTERNET RISKS
THE CUSTOMER acknowledges having taken cognizance of the nature and operating principle of the Internet network, in particular its technical performance, especially in terms of throughput and response time.
AUTO CLASSIC PASSION assumes no responsibility for the services accessible via the Internet and exercises no control whatsoever over the nature and characteristics of the data that may transit through its server center.
THE CUSTOMER acknowledges that the data circulating on the Internet is not protected in particular against possible hijackings.
The communication by THE CUSTOMER of any sensitive or confidential information is made at his/her own risk. THE CUSTOMER acknowledges that he/she is aware of the risks of piracy, interception of communications, etc.
It is the CUSTOMER's responsibility to take all measures to protect his/her data and software against any threat or attack (virus, spyware, malware, keylogger, etc.) that may transit through the www.1923shop.com site.
9.2 - CUSTOMER RESPONSIBILITY
The photographs and illustrations accompanying the PRODUCTS on the Internet site have no contractual value and therefore do not engage the responsibility of THE AUTO CLASSIC PASSION COMPANY.
The CLIENT is solely responsible for the choice of PRODUCTS. Likewise, THE CUSTOMER is solely responsible for the conservation and use of the PRODUCTS
ARTICLE 10: WARRANTIES
The PRODUCTS supplied by AUTO CLASSIC PASSION benefit, in accordance with legal provisions: the legal guarantee of conformity;
the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the PRODUCTS delivered and rendering them unfit for use;
the manufacturer's warranty, depending on the PRODUCTS and brands concerned.
Consequently, SOCIETE AUTO CLASSIC PASSION remains liable for defects in conformity and redhibitory defects in the products sold under the conditions set out in articles 1641 to 1649 of the French Civil Code, in the following terms and conditions:
Art. 1641 C. civ. - The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which reduce this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art. 1648 al.1 C. civ - The action resulting from redhibitory defects must be brought by the purchaser, within a short period of time, depending on the nature of the redhibitory defects and the usage of the place where the sale was made.
Article L. 211-4 C. conso: The seller is required to deliver goods in conformity with the contract, and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 211-5 C. conso: To conform to the contract, the goods must :
1° Be fit for the use normally expected of similar goods and, where applicable: 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;
Have the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 211-12 C. conso: Action resulting from a lack of conformity is barred after two years from delivery of the goods.
All warranties are excluded in the event of misuse or negligence on the part of the CUSTOMER, as well as in the event of normal wear and tear, accident or force majeure, and the AUTO CLASSIC PASSION COMPANY's warranty is limited to the replacement or reimbursement of non-conforming PRODUCTS or PRODUCTS affected by a defect.
LA SOCIÉTÉ AUTO CLASSIC PASSION will replace or repair PRODUCTS found to be defective. The PRODUCTS sold on the Internet site are in conformity with the regulations in force in France.
LA SOCIÉTÉ AUTO CLASSIC PASSION cannot be held responsible in the event of non-compliance with the legislation of the country in which the PRODUCTS are delivered, which it is up to the CLIENT to check.
In the event that AUTO CLASSIC PASSION is held liable in any legal or arbitration proceeding, and in particular by a final court decision, the parties have agreed that compensation will be limited to the direct, personal and certain loss suffered by the CUSTOMER, to the exclusion of any other loss, and in particular commercial loss, loss of profits, economic loss or loss of any kind.
In any event, the amount of damages that may be awarded to the CUSTOMER shall not exceed the amount of the sums actually paid by THE CUSTOMER on the day the fault of THE AUTO CLASSIC PASSION COMPANY is established by a final and binding decision.
ARTICLE 11 - FORCE MAJEURE
Neither party shall be held liable to the other for non-performance or delays in the performance of an obligation arising from the contractual relationship and which would be due to the fault of the other party following the occurrence of a case of force majeure.
The parties have agreed that force majeure shall include all cases recognized by jurisprudence, as well as fire, explosion, failure of transmission networks, collapse of installations, epidemic, earthquake, flood, power failure, war, embargo, request or requirement of any government institution, strike, boycott, withdrawal of authorization by the telecommunications operator to which THE AUTO CLASSIC PASSION COMPANY subscribes, suspension or interruption of Internet access offered by THE AUTO CLASSIC PASSION COMPANY's Internet access provider, or any other circumstance beyond THE AUTO CLASSIC PASSION COMPANY's reasonable control.
The parties mutually undertake to keep each other promptly and regularly informed of the occurrence and maintenance of a case of force majeure, by any means.
They also undertake to meet all their obligations within a reasonable time after the cessation of the force majeure event thus defined.
However, if the effects of an event of force majeure should last for more than THIRTY (30) days from the date of notification of the event of force majeure by either party, the contract may be terminated by operation of law at the request of either party, without entitlement to compensation on either side.
ARTICLE 12 - PERSONAL DATA
Customer data and information sent to AUTO CLASSIC PASSION will be stored and processed in accordance with current French legislation.
THE CUSTOMER has the right to access, modify, rectify or delete personal data collected pursuant to the French Data Protection Act of January 6, 1978.
THE AUTO CLASSIC PASSION COMPANY will not, without the prior written consent of the CUSTOMER, disclose or resell any nominative data relating to the CUSTOMER, with the exception of that which must necessarily be transmitted for the execution of the CONTRACT, in particular to suppliers and subcontractors of THE AUTO CLASSIC PASSION COMPANY.
ARTICLE 13 - INTELLECTUAL PROPERTY
THE CUSTOMER acknowledges that THE AUTO CLASSIC PASSION COMPANY is the sole owner of the Intellectual Property Rights concerning both the structure (interface, logos, distinctive signs, design, etc.) and the content (PRODUCT descriptions, photos, etc.) of the www.1923shop.com site.
Any representation, reproduction or extraction, by any process whatsoever, of one or other of the elements belonging to LA SOCIÉTÉ AUTO CLASSIC PASSION without its authorization is strictly forbidden under penalty of prosecution.
The offender is liable to civil and penal sanctions, and in particular to the penalties stipulated in articles L. 335-1 et seq. of the French Intellectual Property Code.
A right of reproduction is authorized for all or part of the content of the site for storage for the purposes of representation and reproduction on a single-user screen, in one copy, for backup copy or hard copy.
This right is granted for strictly personal, private and non-collective use.
Any networking, redistribution or total or partial marketing of this content to third parties, in any form whatsoever, is strictly forbidden.
Authorization to reproduce/distribute in public any of the elements of the site may be obtained by contacting THE AUTO CLASSIC PASSION COMPANY by e-mail via the contact form available on the home page of the website: www.1923shop.com
ARTICLE 14 - TRANSFERABILITY
THE CUSTOMER is prohibited from transferring all or part of the CONTRACT concluded with THE AUTO CLASSIC PASSION COMPANY.
On the other hand, AUTO CLASSIC PASSION reserves the right to assign, transfer or contribute to a third party, in any form whatsoever, the rights and obligations arising from the CONTRACT.
THE CUSTOMER acknowledges these possibilities, in particular that of assigning or transferring the CONTRACT entered into with THE CUSTOMER to an assignee, and he accepts this transfer today. THE CUSTOMER does not make the person of the assignee a condition of his agreement. THE CUSTOMER may be informed by any means of the assignment or transfer and waives the formalities of article 1690 of the Civil Code.
ARTICLE 15 - SEVERABILITY
The nullity of one of the clauses of the present contract as a result of a court decision having the force of res judicata shall in no case call into question the validity and effectiveness of the other clauses, which shall retain their full effect and scope.
Thus, the annulment of one of the stipulations of these GENERAL TERMS AND CONDITIONS will only result in the annulment of the entire agreement insofar as the disputed stipulation can be considered, in the minds of the parties, as substantial and determining, and its annulment calls into question the general balance of the agreement.
In such a case, the parties shall, as far as possible, replace the clause or stipulation thus cancelled or deemed unwritten by another stipulation respecting the spirit and purpose of the present agreement.
ARTICLE 16 - TOLERANCE
The fact that AUTO CLASSIC PASSION does not invoke one of the stipulations of the present CONTRACT or tolerates a breach of one of the obligations of the CUSTOMER may in no case be interpreted as an implicit waiver of the right to invoke the present GENERAL CONDITIONS at a later date.
Any waiver of any of the provisions of these GENERAL CONDITIONS may only be made expressly and unequivocally.
ARTICLE 17 - DISPUTES AND APPLICABLE LAW
17.1 - CONCILIATION
In the event of any dispute or controversy arising from the formation, performance, interpretation or termination of this agreement relating to the interpretation and/or performance hereof, the undersigned shall endeavor to settle any difficulties amicably.
17.2 - JURISDICTION FOR ANY DISPUTE WITH A CONSUMER CUSTOMER
Failing agreement and conciliation, the parties agree that the dispute shall fall within the jurisdiction of the competent national courts in accordance with the provisions of articles 42 and 46 of the French Code of Civil Procedure.
17-3 COMPETENT JURISDICTION FOR ANY DISPUTE WITH A PROFESSIONAL CUSTOMER
In the absence of agreement or conciliation, the parties agree that the dispute shall be referred to the Commercial Court of LILLE MÉTROPOLE, notwithstanding plurality of defendants or the introduction of third parties, including for emergency or protective measures in summary proceedings or by petition.
17.4 - APPLICABLE LAW
These GENERAL CONDITIONS are governed by French law to the exclusion of all others. Under no circumstances do the parties intend to apply the rules of French private international law.
ARTICLE 18 - CUSTOMER ACCEPTANCE
After reading these GENERAL CONDITIONS in their entirety, they are expressly approved and accepted by THE CUSTOMER, who declares and acknowledges that he/she is fully aware of them, and therefore waives the right to take advantage of any contradictory document, which will be unenforceable against AUTO CLASSIC PASSION, even if he/she is aware of them, unless expressly stated in writing by AUTO CLASSIC PASSION.