GENERAL TERMS AND CONDITIONS OF SALE
Translated from French. For any comprehension problems related to a bad translation, please refer to the general terms and conditions of sale in French.
Between COTRAC, SARL registered in the LILLE Trade and Companies Register under number 82 B 27, having its registered office at 7 Allée de la Deûle 59136 Wavrin, France - Tel: 09 54 69 16 84, email: firstname.lastname@example.org (The company can be reached by email by clicking on the contact form accessible via the home page of the website)
On the one hand,
And the natural or legal person purchasing the company's products or services,
On the other hand,
It was explained and agreed as follows:
The Seller is a publisher of tracks and equipment for construction and public works machinery, intended for consumers, marketed via the website (www.final-track.com). The list and description of the goods and services offered by FINAL-TRACK.com can be consulted on the above-mentioned websites.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
Article 2: General Provisions
These General Terms and Conditions (GTC) govern the sale of Products or Services, eﬀectuées through the Company's website, and are an integral part of the Agreement between the Buyer and the Seller. They are fully opposable to the Purchaser who accepted them before placing an order.
The Seller reserves the right to modiﬁer present them at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These General Terms and Conditions may be consulted on the Company's website at the following address: www.final-track.com/conditions-generales-de-vente.
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he has read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he has bénéﬁcié necessary advice and information aﬁn to ensure that oﬀre meets his needs.
The Client declares that he is in a position to enter into a legal contract under French law or to validly represent the natural or legal person for whom he undertakes to do so.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the website are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the product order page, including shipping costs spéciﬁques For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modiﬁer its prices at any time in the future. The telecommunication costs necessary to access the Company's Internet sites are the responsibility of the Client. If necessary, also the delivery costs.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to complete his order: Information on the essential characteristics of the Product; - Choice of the Product, if applicable, of its options; - Indication of the Customer's essential contact details (identiﬁcation, email, address...); - Acceptance of these General Terms and Conditions of Sale - Vériﬁcation of the elements of the order (double click formality) and, if applicable, correction of errors. Before proceeding to his conﬁrmation, the Purchaser has the possibility to vériﬁer the details of his order, its price, and to correct any errors, or cancel his order. The conﬁrmation of the order will carry formation of this contract. Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive conﬁrmation by email the payment of the order, as well as an acknowledgement of receipt of the order the conﬁrmant. He will receive a.pdf copy of these general terms and conditions of sale. During the ordering process, the customer will have the possibility to identiﬁer of possible errors in data entry and to correct them. The proposed language for the conclusion of the contract is French.
The terms and conditions of the oﬀre and the general terms and conditions of sale are returned by email to the buyer when the order is placed and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of oﬀre intends to abide are available in the "Payment Methods" section on the Seller's website at the following address: www.final-track.com/modes-de-paiement
The archiving of communications, the order, the details of the order, as well as the invoices is eﬀectué on a support ﬁable and durable in order to constitute a copy ﬁdèle and durable in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract.
For the delivered products, the delivery will be made to the address indicated by the Customer. At ﬁns for the proper execution of the order, the Customer undertakes to provide its true elements of identiﬁcation The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website, as well as, where applicable, the way the product is used. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by marking, labelling, aﬃchage or by any other appropriate means, of the prices and special conditions of the sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the Purchaser is indicated on the conﬁrmation page of the order. The selling price of the product is the one in force on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Purchaser during the sale process, and in any case at the time of the conﬁrmation of the order. The Seller reserves the right to modiﬁer its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When products or services are not executed immediately, clear information is given on the product presentation page about the delivery dates of the products or services. The customer certifies that he has received details of the delivery costs and the terms of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honour the Customer's order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer.
The contractual information is presented in detail and in French. The parties agree that illustrations or photos of oﬀerts products for sale have no contractual value. The validity period of the Products' oﬀre and their prices are specified on the Company's website, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person who signed the order (or the person who holds the email address provided).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services oﬀerts for sale through these GTCs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects in the product.
In accordance with Article L.217-4, the seller delivers a good that complies with the contract and is liable for any lack of conformity that existed at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order. The refund can be requested as follows: Write an email to email@example.com, indicate the reason(s) for the refund request, send the product back to the following address: FINAL-TRACK.COM, 7 Allée de la Deûle, 59136 WAVRIN. The return costs are the responsibility of the customer who returns the item.
Upgrade to the next level upon delivery
For the sake of satisfaction, we reserve the right to deliver to the customer a product different from the one he ordered if it meets exactly the same criteria of use and adaptability, and if it allows the customer to acquire a better quality product without additional cost.
Article 7: Retention of Title Clause
The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address that was indicated when the order was placed and within the specified time limits. These deadlines do not take into account the time required to prepare the order. When the Customer orders several products at the same time, they may have delivery times diﬀérents depending on the type of carrier used. In the event of late delivery, the Customer has the possibility to terminate the contract in accordance with the terms and conditions déﬁnies in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the "one-way" expenses under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from an extension ﬁxe) indicated in the order email conﬁrmation aﬁn to ensure the follow-up of the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer. It is the responsibility of the Customer to notiﬁer to the carrier any reserve on the delivered product.
Article 9: Availability and presentation
In the event of unavailability of an item for a period exceeding 3 working days, you will be immediately informed of the expected delivery times and the order of this item can be cancelled on request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon order, including for pre-order products. The Customer may eﬀectuer pay by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The information transmitted is chiﬀrées in accordance with the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after vériﬁcation with the information. In accordance with the provisions of the French Monetary Code and ﬁnancier, the payment undertaking given by card is irrevocable. By providing his bank details at the time of sale, the Customer authorises the Seller to charge his card for the amount relating to the price indicated. The Customer conﬁrme that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 11: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason within a period of fourteen (14) days from the date of receipt of his order.
The right of withdrawal may be exercised by contacting the Company by e-mail, in order to keep a written and express record of the request, and thus avoid any confusion, dispute or misunderstanding related to an oral request by telephone. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal may not be exercised for items subject to customization by the customer, second-hand items, or created to measure for a particular customer. In case of exercise of the right of withdrawal within the above-mentioned period, the price of the purchased product(s) and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.
Returns of products are to eﬀectuer in their original and complete condition (packaging, accessories, instructions); they must be accompanied if possible by a copy of the justiﬁcatif of purchase. Refund procedure: Write a refund request email to firstname.lastname@example.org to obtain a return number, then send it back to the following address: FINAL-TRACK.COM, 7 Allée de la Deûle, 59136 WAVRIN.
The products are packed in accordance with the transport standards in force, in order to guarantee maximum protection for the products during delivery. Customers must meet the same standards when returning products. As such, the customer is invited to return the product not suitable for him in its original packaging and in good condition, suitable for its re-marketing.
To the attention of[*] (*SELLER'S CONTACT INFORMATION)
SELLER*'s telephone number*:
SELLER's fax number*:
SELLER's* e-mail address:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Invoice number :
Order form number:
- Ordered on[____________]/received on[________________].
- Method of payment used:
- Name of the CLIENT and, if applicable, of the beneficiary of the order:
- CLIENT's address:
- Delivery address :
- CLIENT's signature (except in the case of transmission by e-mail)
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller refunds the buyer or exchanges products that are apparently defective or do not correspond to the eﬀectuée order. The refund request must be sent to eﬀectuer as follows: (detail the procedure) The Seller reminds that the consumer:
- has a period of 2 years from the delivery of the property to act with the Seller
- that he may choose between replacing or repairing the item subject to the conditions provided for in the above-mentioned provisions: apparently defective or not corresponding to the order
- that it is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.
- that, except for second-hand goods, this period will be extended to 24 months
- that the consumer can also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between cancelling the sale or reducing the sale price (provisions of Articles 1644 of the Civil Code).
Article 13: Complaints and Mediation
If necessary, the Purchaser may submit any complaint by contacting the company using the following contact details:
- By email to email@example.com
- By telephone at (+33)9 54 69 16 84
In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer ombudsman under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit diﬀérent to a mediator who will independently attempt to bring the parties together in order to obtain an amicable solution.
Article 14: Rescission of the contract
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases:
- delivery of a product that does not comply with the characteristics of the order;
- delivery exceeding the ﬁxée deadline at the time of ordering or, if there is no date, within thirty days of payment;
- price increase injustiﬁée or modiﬁcation of the product. In these cases, the buyer may demand repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modiﬁcation or use of these goods for any purpose whatsoever is strictly prohibited.
Article 16: Force Majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modiﬁcation of the contract
If one of the provisions of this contract is cancelled, this cancellation will not result in the cancellation of the other provisions that will remain in force between the parties. Any contractual modiﬁcation is only valid after a written and signed agreement of the parties.
Article 18: Protection of personal data / RGPD
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a personal data processing operation whose purpose is the sale and delivery of products and services déﬁnis to this contract. The Purchaser is informed of the following elements:
- the identity and contact details of the controller and, where applicable, the representative of the controller: the Seller, as indicated at the top of these GTC;
- the contact details of the Data Protection Officer:
- the legal basis of the processing operation
- contractual performance
- the recipients or categories of recipients of the personal data, if they exist: the controller, his or her marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, subcontractors involved in delivery and sales operations and any authority legally authorised to access the personal data in question
- no transfers outside the EU are planned
- the period of data retention: the time of the commercial prescription
- the data subject has the right to ask the controller for access to the personal data, rectiﬁcation or eﬀacement, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to the portability of the data - the data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, otherwise the order cannot be placed. No automated decisions or proﬁlage are implemented through the ordering process.
Article 19: Applicable law and clauses
All ﬁgurant clauses in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.
Article 20: Information for consumers
At ﬁns consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, had he known them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of any apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics déﬁnies by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable property, to repair it covered by the guarantee, any immobilisation period of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run from the date of the buyer's request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.