Notice : This translation of our Terms of Sales in english is produced for your information only. The original version in French is the only valid in case of dispute.
Article 1: APPLICATIONS OF CONDITIONS
The Seller is defined below as MISTER-EV.COM, site published by the company MISTER EV SAS whose head office is located at 1 domaine St Ludan 67150 Hipsheim and registered at the RCS Strasbourg No. SIRET 881 643 027 00017.
The Buyer is defined below as any natural or legal person, company, company, association, individuals using the site MISTER-EV.COM signatory and accepting these terms and conditions of sale. The general conditions of sale apply exclusively to all sales concluded by MISTER-EV.COM both for its own account and for that of its principals. All other conditions engage the Seller only after written confirmation from him.
The information given on the website MISTER-EV.COM for catalogs, photographs, price list, notes, etc. are given for information only and may, as such, be modified by the Seller without notice.
The mere fact of placing an order or accepting an offer from the Seller implies the unconditional acceptance of these general conditions of sale. These general conditions of sale may be modified at any time and without notice by MISTER-EV.COM, the changes then being applicable to all subsequent orders. MISTER-EV.COM may need to modify punctually certain provisions of its general conditions of sale, so we advise the Buyer imperatively that they be re-read before each order validation.
The Buyer acknowledges that he is fully aware that his agreement regarding the content of these general conditions of sale, does not require the handwritten or electronic signature of this document, to the extent that the Buyer wishes to order the products presented in the context of the MISTER-EV.COM online shop. The Buyer is deemed to accept without reservation all the provisions of these general conditions of sale.
Article 2: ORDERS
Offers are valid while stocks last at our suppliers. In case of quote, the offer will remain valid seven clear days unless otherwise stipulated on it. French is the only language proposed for the conclusion of the order. We take the utmost care in putting essential product information and features online, thanks in particular to the technical descriptions from our various partner suppliers and the photographs illustrating the products. The information and photographs contained on the site are not contractual and may contain errors.
2-1: DESCRIPTION OF PRODUCTS
The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its peculiarities. The photographs illustrating, in support of the text, the products do not enter the contractual field. If errors are introduced, in any case the responsibility of MISTER-EV.COM can not be committed. The detailed product sheet is the only contractual source. Our suppliers may change without notice the technical composition of the products. MISTER-EV.COM is at all times entitled to update, improve its technical data sheets or withdraw from sale its products and / or peripheral products.
2-2: AVAILABILITY OF PRODUCTS
In case of unavailability of a product ordered, MISTER-EV.COM can provide a product of a quality and an equivalent price subject to availability in stock or refund the Buyer in the opposite case.
Our offers are valid subject to availability at our suppliers. We undertake to inform the Buyer by e-mail within eight clear days and to indicate a waiting period for a receipt of this product in case of availability after placing an order.
In case of partial unavailability of the products, MISTER-EV.COM may have to split the order. Thus the products available can be sent when all other products are available. In case of unavailability of a product ordered, especially because of our suppliers, the Buyer will be informed at the earliest and will have the opportunity to cancel the order. The Purchaser will then have the choice to request the refund of the sums paid within 30 days at the latest of their payment, by check, or to wait for the availability and delivery of the products.
2-3: STEPS TO CONCLUDE THE ORDER
During the first order on MISTER-EV.COM any new Buyer will have to create a “customer account”. An identifier or “login” and a password of at least six alphanumeric characters will be requested. During each order validation, it will be directed to his account via a secure connection reminding the content of his order.
This order will be definitively recorded only after information of the various information and final validation. When the Buyer registers the order by selecting a method of payment, the sale is considered concluded. The validation of the Buyer under the order constitutes an electronic signature that has value, between the parties, a handwritten signature. Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technology and relating to the electronic signature, Article 1316-1 of the Civil Code, relating to the electronic signature. MISTER-EV.COM reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute over the payment of a previous order.
2-4: CANCELLATION OF THE ORDER
The order placed on our website MISTER-EV.COM is automatically canceled if the payment is not received within 8 days. From the moment the Buyer has validated his order, he is considered as having accepted knowingly and the membership without restrictions or reservations to these general conditions of sale.
The Buyer’s order must be confirmed by MISTER-EV.COM by sending an e-mail. The sale will not be considered final after sending this confirmation e-mail and collecting the full price. MISTER-EV.COM recommends to the Buyer to keep this information on a paper or electronic document.
Article 3: PRICE
The prices listed on the website MISTER-EV.COM are indicated in euro (€), excluding shipping costs (unless otherwise indicated) and any technical costs that will be indicated before the validation of the order. The prices appearing on the order after its validation and registration are firm and final.
If prices fall after an order, the Seller will in no way compensate the Buyer for the difference. If the prices increase, MISTER-EV.COM undertakes to deliver at the price fixed the day of the order. The prices are expressed TTC.
Payment of the full price must be made when ordering. At no time can the amounts paid be considered as a deposit or installments.
The receipt of the total amount of the order will be made at the time of validation of the order or in case of payment by check or bank transfer, upon receipt.
Article 4: DELIVERY
The products are delivered to the address indicated by the Buyer when ordering. He must verify the completeness and conformity of the information he has provided. Our delivery times are indicated in working days as an indication and are to be considered once the order has been validated. A delivery delay can not in any case entitle to any compensation or penalty whatsoever. We invite the Buyer to report any late delivery over seven days to allow us to start an investigation with the carrier. The investigation times may vary from one to three weeks, depending on the carrier. If during the investigation period, the parcel is found, it will be sent immediately to your place of delivery. During this investigation period, no refund, replacement or return of replacement goods will be made.
By express agreement, a case of force majeure preventing delivery can not be attributed to MISTER-EV.COM. Are considered as cases of force majeure or exceptional events by law LOCK-OUT, strike, total or partial work stoppage at MISTER-EV.COM or at its suppliers or service providers, epidemic, war, requisition, fire, flood , interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, etc. the Seller is released from all liability upon delivery. The seller will keep the Buyer informed, in a timely manner, of the cases and events listed above. In any case, the delivery within the deadlines can intervene only if the Buyer is up to date of its obligations towards the Seller whatever is the cause.
Article 5: TRANSPORT
Unless expressly agreed otherwise, MISTER-EV.COM freely chooses the carrier. MISTER-EV.COM supports the risks related to the transport until the delivery, that is to say until the physical delivery of the goods to the consignee indicated at the time of the order or to his representative who accepts it, provided that the Buyer verifies the goods at the reception in the presence of the carrier and means, if necessary, in writing on the voucher or consignment note, the reservations observed according to the procedure below.
The Buyer must refuse delivery if the package or the goods are damaged, missing or if the package has been opened or repacked. In the event of loss or damage, he must submit precise and detailed written reservations on the carrier’s transport voucher or consignment note in his presence or on his employee (“Uncontrolled Check-Out” reserves). have no value).
Merchandise accepted without reservation by the Buyer at the time of delivery is deemed to be in good condition and in its entirety. No claim can be taken in charge by MISTER-EV.COM and its responsibility can not be committed. For any question or difficulty that the Buyer may encounter, we invite him to contact us via our contact page on the MISTER-EV.COM website.
Article 6: CLAIMS, GUARANTEES, RETURNS
For any complaint, we invite the Buyer to contact us by visiting the contact page of the MISTER-EV.COM website. All claims relating to a defect of goods delivered, an inaccuracy in the quantities or erroneous references to the accepted offer or the confirmation of the order by the Seller must be made to the Seller by registered letter with acknowledgment of receipt within 48 hours from receipt of the goods, without neglecting if necessary and in accordance with Article 5 of these general conditions of sale, the recourse against the carrier failing which the right of claim of the Buyer will cease to be acquired. All merchandise returns require the prior consent of MISTER-EV.COM, which can be obtained via the contact page of the MISTER-EV.COM website.
In the absence of a return agreement, the goods will be returned to the Purchaser, at his own expense and risk, all costs of transport, storage and handling being at his expense. After obtaining the return agreement, the Purchaser has a period of five clear days to return the defective goods to MISTER-EV.COM.
The goods must be returned imperatively with a copy of the invoice. All defective products must be returned in their original packaging, include the entire product and its accessories accompanied by all documents, warranty (not filled), notices, etc. Any product incomplete, damaged, damaged and / or whose original packaging has been damaged, will not be returned, exchanged or refunded.
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978 pursuant to Article 35 of Law 78-23 of 10 January 1978 on combating unfair terms on the protection and Consumers of products and services, the provisions of the present can not deprive the Buyer of the legal guarantee which obliges the Seller to guarantee it against the consequences of latent defects of the thing sold.
The Buyer is expressly informed that MISTER-EV.COM is not the producer of the products presented within the framework of its site, within the meaning of the Law L98-389 of May 19, 1998 and relating to the responsibility for the fact of the defective products . Consequently, in case of damage caused to a person or a good by a defect of the product, only the responsibility of the manufacturer of this one can be sought by the Purchaser.
The goods marketed by the Seller as a reseller follow the guarantee scheme of the manufacturer that MISTER-EV.COM undertakes to respect after approval of the latter. The fact of a claim does not release the Buyer from its obligations to pay the invoice within the agreed time. The refund or the possible credits are established on reception of the goods whose litigation was duly noted and accepted by MISTER-EV.COM.
Expenses incurred for the return of the goods for any reason whatsoever are the sole responsibility of the Buyer. No return carriage due will be accepted. Products made to the specifications of the buyer or personalized, marking, drawing, embroidery or any merchandise falling within the scope of article L121-20-2 modified by the ordinance n ° 2005-648 of June 6th, 2005 – art . 1 JORF June 7, 2005 in force December 1, 2005 of the Consumer Code, will not be returned, exchanged or refunded. No claim may give entitlement to any compensation or penalty whatsoever.
Article 7: OPTION OF RETRACTION, RESERVED FOR INDIVIDUALS
Under the conditions provided for by articles Article L121-20 and following, modified by the Law n ° 2005-841 of July 26th, 2005 – art. 3 JORF 27 July 2005 of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of fourteen clear days. The mentioned period runs from receipt for goods or acceptance of the offer for the provision of services. When the fourteen day period expires on a Saturday, a Sunday or a holiday or holiday, it is extended until the next working day. The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization which can be obtained free of charge via the contact page of the MISTER-EV.COM website. The return of the goods is at the expense and risk of the Buyer.
However, it should be noted that the right of withdrawal can not be exercised in any case for the products defined in the context of the application of the article Article L121-20-2 modified by the ordinance n ° 2005- 648 of June 6, 2005 – art. 1 JORF June 7, 2005 in force December 1, 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of return charges, as indicated above. In the event of the exercise of the right of retraction, the Buyer has the choice to request either the refund of the sums paid, or the exchange of the products.
In the case of an exchange, the return will be at the expense of the Buyer. In case of exercise of the right of withdrawal MISTER-EV.COM will make every effort to reimburse the Buyer within 14 days by the same means of payment used for the initial transaction, unless otherwise desired by the customer. No right of withdrawal can give right to any compensation or penalty whatsoever. The right of withdrawal is exclusively reserved for individuals, it can not apply under any circumstances to a professional or to a holder of a SIREN Number, in accordance with the law in force.
Article 8: RESERVATION OF PROPERTY
Pursuant to Law No. 80-335 of May 12, 1980 on the effects of retention of title clauses in sales contracts, the goods to be delivered and invoiced to the Buyer will remain the property of MISTER-EV.COM up to to full payment of their price. Failure to pay may result in the claim of the goods by MISTER-EV.COM, the refund being immediate and the goods delivered at the expense of the Buyer, risks and perils.
During the period from delivery to the transfer of ownership, the risk of loss, theft or destruction, as well as the damage that could cause the Buyer remain his responsibility. The Buyer undertakes, in the case of a bankruptcy proceeding affecting his business, to participate actively in the establishment of an inventory of the goods in his inventory and of which the Seller claims ownership. Otherwise, the Seller will have the option to have the inventory recorded by bailiff at the expense of the Buyer. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in case of late payment.
Article 9: PAYMENT
Any payment paid to MISTER-EV.COM can not be considered as a deposit or a deposit.
9.1: PAYMENT METHODS
Payments must be made in such a way that the Seller can dispose of the sums on the due date shown on the invoice. The payment is made, except specific stipulations on the site MISTER-EV.COM or granted to the companies after study of their file, with the order:
– By credit card (valid for at least one month for a cash payment and six months for a split payment). The entry of banking information is done via a secure server to ensure the security and confidentiality of the information provided during the banking transaction.
– By check (issued by a bank domiciled in metropolitan France). The check must be sent to the order of MISTER EV at the following address: MISTER EV, 3 rue de Lisbonne 67300 Schiltigheim. It must be accompanied by a copy of the email acknowledging receipt of your order. The check must be in the name of the person who placed the order. Failing this, he must mention on the back of the check the number of the order and the customer number. It will be cashed upon receipt. The processing of your order will be made from the date of collection.
– By bank transfer, to the coordinates that have been given to the Buyer, transfer fees being at his expense. MISTER-EV.COM reserves the right to ask for a bank check in case the sums involved are important.
9.2: DELAY IN PAYMENT
Any payment after the fixed payment date may give rise to the billing of penalties. The amount of these penalties will be equivalent to the rate of legal interest applied by the European Central Bank (ECB) to its most recent refinancing operation plus 10 points. Penalties are due without any reminder being necessary. It runs automatically from the day following the date of payment on the invoice or, failing this, on the thirty-first day following the date of receipt of the goods or the performance of the service. The legal interest rate will also be used with an increase of 5 points for interest due by a person convicted by a court decision and which has not been executed within two months. The Purchaser may never, on the grounds of a claim formulated by him, withhold all or part of the sums owed by him, or make any compensation. When the Buyer is late in full or partial payment of a due date, the Seller can by this fact and without the need for a prior notice, immediately suspend deliveries, without the Buyer may not claim damages from Seller. In case of recourse by litigation, the Seller is entitled to claim from the Buyer the reimbursement of costs of any kind related to the lawsuit.
For reasons of fraud limits, MISTER-EV.COM reserves the right, to accept an order, to ask the Buyer to justify his identity and place of residence, and the means of payment used. In this case, the processing of his order will take place from the receipt of these documents. The Seller reserves the right to cancel the order in the absence of receipt of such evidence or receipt of evidence deemed non-compliant.
Article 10: WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (EEE)
For equipment excluded from the scope of Decree No. 2005-829 of 20 July 2005 on the composition of electrical and electronic equipment and the disposal of waste from such equipment and in accordance with Article L541-2 Code It is the responsibility of the holder of the waste to ensure or ensure their elimination. For the equipment concerned by the said decree, and in accordance with Article 18 of Decree 2005-829, the organization and financing of the EEE waste collection and treatment, subject of this sales contract, are transferred to the Purchaser who accept them. The Purchaser ensures the collection of equipment, its treatment and its valuation in accordance with Article 21 of the Decree. The above obligations must be forwarded by successive purchasers to the end user of the EEA. Failure by the Buyer to comply with the obligations imposed on him may result in the application of the penal sanctions provided for by Article 25 of Decree 2005-829 against him.
Article 11: INTELLECTUAL PROPERTY
All elements of the site MISTER-EV.COM, whether visual or sound, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright , trademarks and patents. They are the exclusive property of MISTER-EV.COM. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited, without the prior written consent of MISTER-EV.COM. Any reproduction, even partial, of the elements of the site MISTER-EV.COM without the written agreement of our part is prohibited, in accordance with the law n ° 57-298 of March 11, 1957 on the literary and artistic property and Modified by the LAW n ° 2009-669 of June 12th, 2009 – art. 21 of the Intellectual Property Code. Except in the cases provided for in Article L122-5 of the Code and constitute an infringement punishable by the Penal Code.
Article 12: COMPUTERS AND FREEDOMS
The information requested from the Buyer is necessary for the processing of his order and may be communicated to the contractual partner suppliers of MISTER-EV.COM involved in the execution of this order. Through us, it may receive commercial offers from other partner companies. If he does not wish to receive them, it is sufficient for him to contact the Seller on the contact page of the site MISTER-EV.COM, to oppose such a communication, or to exercise his rights with regard to information concerning him and appearing in the files of MISTER-EV.COM.
Pursuant to Law No. 78-17 of 6 January 1978 relating to data, files and freedoms, consolidated version on May 14, 2009, the Purchaser has the rights of opposition (Article 26), rights of access (Articles 34 to 38) and rights of rectification (Article 36) of the data concerning him. Thus, it may require that rectified, completed, clarified, updated or erased information about it that is inaccurate, incomplete, equivocal, outdated or whose collection or use, communication or preservation is prohibited. If he wishes to use this right, it is sufficient for him to write to the Seller via the contact page of the site MISTER-EV.COM.
Article 13: COMPUTER PROBLEMS
The Buyer knows the characteristics of the Internet computer network and in particular the possibility of interruption of connection, server failures, electrical problems or other (the list is not exhaustive). MISTER-EV.COM can not be held responsible for the consequences of such events and will be released from any obligation towards the Buyer. No claim may give entitlement to any compensation or penalty whatsoever.
Article 14: PARTIAL NON-VALIDATION
If one or more stipulations of the present general conditions of sale are held for invalid or declared such according to a law, a decree, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their range.
Article 15: APPLICABLE LAW
These general conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly rejected. The registers and computerized files of MISTER-EV.COM will be considered by the parties like proof of the communications, orders, payments and transactions intervened between the parts, except proof of the contrary. Any disputes relating to the formation, performance and termination of contractual obligations between the parties that can not lead to an amicable settlement will be submitted to the French courts. The fact for MISTER-EV.COM not to avail itself at a given moment of one of the clauses of these general conditions of sale, can not be worth denunciation to take advantage later of these same clauses.
Article 16: ATTRIBUTIVE JURISDICTION CLAUSE
For all disputes and disputes, whatever the nature or the cause, only the courts of STRASBOURG will be competent, even in the case of summary proceedings, appeals as guarantee or a plurality of defenders. Acceptances, drafts, warrants, conditions of carriage do not bring novations or derogation from this clause.