Between the Society:
GTH
SARL to the capital of 202690 euros
30 FOUGAS Road
32240 Toujouse
SIRET 93014721000015
Address delivery and return goods :
GTH Transmission
30 FOUGAS Road
32240 Toujouse
SIREN 930147210
Represented by Mr. GUILBAUX THOMAS as Manager, duly authorized for the purposes of this letter.
The company can be reached by email by clicking on the contact form accessible via the website homepage.
Hereafter the "Seller" or the "Company".
On one hand,
And the natural or legal person purchasing products or services of the company,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand, it was explained and agreed that:
PREAMBLE
The Seller is a supplier of spare parts in the automotive sector, marketed through its website (https://gthtransmission.fr).The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Purpose
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (GCS) govern the sales of Products or
Services, carried out through the Company's websites, and are an integral part of the
Contract between Buyer and Seller. They are fully enforceable against the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on his website.
The applicable GTCs then are those in effect on the date of payment (or first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company's website.
The Corporation also ensures that their acceptance is clear and unreserved by putting in place
place a check box and a validation click. The Customer states that it has read
all these General Terms and Conditions of Sale, and if applicable the Terms and Conditions
Sales Individuals related to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that it has benefited from the necessary advice and information to ensure the adequacy of the offer to its needs.
The Customer declares to be able to legally contract under French laws or validly represent the natural or legal person for which he undertakes.
Unless otherwise demonstrated by the Company’s recorded information is evidence of all transactions.
Article 3: Price
The prices of products sold through websites are shown in Euros all taxes included and precisely determined on the Product Description pages. They are also shown in euro all taxes included on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated without taxes automatically on the invoice.
Customs or other local taxes, import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller.
They will be the responsibility of the buyer (declarations, payment to the competent authorities, etc.). As such, the Seller invites the buyer to inquire about these aspects from the relevant local authorities. The Company reserves the right to change its prices at any time for the future. The costs of telecommunications necessary to access the Company's websites are borne by the Customer. If applicable, delivery costs.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to carry out his order.
Information on the essential characteristics of the Product, Choice of the Product, if any, its options.
Indication of the customer's essential contact information (identification, email, address...).
Acceptance of these General Conditions of Sale.
Checking the elements of the command (double click form) and, if necessary, correcting errors.
Before making its confirmation, the Buyer has the possibility to check the details of his order, his price, and to correct any errors, or cancel his order. Confirmation of the order will take form 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 of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these Terms and Conditions.
During the ordering process, the customer will have the opportunity to identify and correct any errors in data entry. The language proposed for the conclusion of the contract is the French language.
The terms and conditions of the offer and the general terms and conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where appropriate, the professional and commercial rules to which the offeror intends to submit are available in the "Annex Rules" section of these Terms and Conditions, available on the Seller's website.
The archiving of communications, orders, order details and invoices shall be carried out on a reliable and durable medium so as to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.
For products delivered, delivery will be at the address indicated by the Customer. In order to carry out the order properly, the Customer undertakes to provide its true identification elements.
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 shall be made available to the purchaser on the company's websites, as well as, where appropriate, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, consumers are informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due from the Buyer is indicated on the order confirmation page. The selling price of the product is the price in force indicated on the day of the order, which does not include the additional shipping charges. These possible fees are indicated to the Buyer during the sale process, and in any case at the time of confirmation of the order. The Seller reserves the possibility to change his prices at any time, while guaranteeing the application of the price indicated at the time of the order.
Where products or services are not executed immediately, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The customer certifies that he has received details of the delivery costs and the terms and conditions of payment, delivery and performance of the contract, as well as detailed information on the seller's identity, postal, telephone and electronic contact details, and on his activities in the context of this sale. The Seller undertakes to honour the Customer's order within the limits of the stock of Products available only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the Customer.
Contractual information is presented in detail and in French. The parties agree that illustrations or photographs of the products offered for sale shall not have contractual value. The duration of the offer of the Products and their prices are specified on the Company's websites, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted under this Agreement shall only be granted to the natural person signing the order (or the person holding the email address communicated).
Article 6: Compliance
Pursuant to Article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the current requirements relating to personal safety and health, fair trade and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects of the product.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is responsible for defects of conformity existing at the time of issue. It shall also respond to non-conformity resulting from the packaging, assembly instructions or installation where the packaging has been placed at its charge by the contract or has been carried out under its responsibility.
In accordance with the legal provisions on conformity and hidden defects (art.
civ.), the Seller reimburses or exchanges defective products or does not match the order. The refund can be requested as follows: by email at this address: contact@gthtransmission.fr, if you have to return a product to us, please contact us as soon as possible. All returns are subject to prior approval by the seller. Any coins returned without our prior agreement will not be taken into account, and you will not be able to claim any of them or their refund.
When we give our consent for the return of a coin, we send you a return voucher. This must appear prominently on the package returned to us.
The returned part must be in the state in which it was delivered. In case of damage (even partial) to the original packaging, a 25% discount would be automatically applied to your possession and refund. It is essential to provide an overpack of the part when it returns, the primary packaging of the part being only a protection of the part itself.
Article 7: Property Reserve Clause
The products remain the property of the Company until the full payment of the price.
Article 8: Method of delivery
The products shall be delivered to the delivery address indicated at the time of the order and within the time specified. These deadlines do not take into account the time taken to prepare the order.
When the delivery requires an appointment with the Customer, the Customer will have to contact the carrier he chooses by ensuring in advance that the carrier can handle his request. When the Customer orders several products at the same time these will all be delivered in a single package with a shipping time corresponding to that of the article with the longest delay. In case of delay in shipping the customer will be notified as soon as the Seller becomes aware of it. In the event of a delay in delivery, the Customer has the possibility to terminate the contract under the conditions and arrangements laid down in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and charges "go" under the conditions of Article L 138-3 of the Consumer Code. The Seller makes available a telephone contact point (cost of local communication from a fixed post) indicated in the order confirmation email to ensure the order is followed up. The Seller recalls that when the Customer physically hangs possession of the products, the risks of loss or damage of the products are transferred to him. It is up to the Customer to notify the carrier of any reservations on the delivered product.
Upon receipt of the product ordered, the general condition of the package must be checked in the presence of the delivery person. If an anomaly is found and the package is visibly damaged, it is advisable to refuse receipt of the package, taking care to indicate on the delivery note the reason for the refusal.
It will then be necessary to send a registered letter with AR or an e-mail to the seller within 24 hours of the refusal of delivery, specifying the reasons for this refusal.
The buyer may choose to accept the package and indicate on the delivery note, the general condition of the package. He will need to detail precisely his appearance, if possible make photos of the package and the elements motivating his reservations.
If no reservation has been made in the presence of the carrier, the package shall be considered to be delivered in good condition.
A damaged package does not necessarily mean that the product itself is damaged.
Conversely, a package arriving at the destination in good condition may hide a damaged, incomplete or non-ordered package. This is why the product must be unpacked in the presence of the delivery person.
Packing rules for parts that customers send to the seller:
The part must be drained, for non-waterproof parts place them in a watertight garbage bag so that the oil remains do not flow during transport.
The piece must be packed in a solid carton and must be properly secured and protected.
Place a sheet with the coordinates of the consignor and consignee inside the package or a second copy of the voucher (in case of loss of the voucher on the package, the carrier will find the coordinates in the package).
Failure to comply with these rules may result in regularization of the transport costs at the request of the transport service used, such invoicing shall be the amount claimed by the carrier for non-compliance with the above rules.
In the case of parcels that you send us (repair / return old material) all packages without exception will be accepted to the carrier who makes the delivery, no checks "with unpackage of the items" is possible during delivery.
In the event of reception on our premises of a room damaged during the transport the company GTH Transmission cannot be held responsible, it is up to the sender to protect the content it addresses us correctly.
Article 9: Availability and presentation
In case of unavailability of an item for a period of more than 10 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be cancelled on request. The Customer will then be able to request a voucher for the amount of the item or its full refund and cancellation of the order.
Article 10: Payment
Payment is payable immediately upon order, including for pre-order products. The Customer can make the payment by payment card or bank check.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment providers (Crédit Agricole and Paypal). The information transmitted is encrypted in the rules of art and cannot be read during transmission on the network. Once the payment is initiated by the Customer, the transaction is debited immediately after checking the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating its bank information at the time of sale, the Customer authorizes the Seller to debit his card the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility of debiting the card, the Sale is immediately resolved automatically and the order cancelled.
Article 11: Time of withdrawal
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order.
The right of withdrawal may be exercised by contacting the Company as follows: by e-mail at this address: contact@gthtransmission.fr. 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 cannot be exercised for services relating to repair of spare parts (bridge repair, repair of transfer box...). In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased, the return costs remaining at the expense of the Customer. The returns of the products are to be made in their original and complete condition (package, accessories, package leaflet...); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the model withdrawal form to be sent to us at the following address: contact@gthtransmission.fr.
Refund procedure: By bank transfer, Paypal, return to Bank Card or cheque according to the method of payment chosen at the time of the order within 30 days of receipt of the withdrawn order and after checking the compliance of the return.
In accordance with the law, the Seller assumes the following guarantees: of compliance and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products apparently defective or not corresponding to the order made. The refund application must be made as follows: contact@gthtransmission.fr ,the refund will take place by bank transfer, Paypal or cheque according to the method of payment chosen when ordering within 72 hours of receipt of the order taken as security.
The refund will take place after examination of the defective part by the seller's after-sales service.
The agreement of the after-sales service is essential to consider the replacement, repair or refund of the part.
The Seller recalls that the consumer has a period of 2 years from the date of issue of the goods to act with the Seller, that he may choose between the replacement and the repair of the goods subject to the conditions laid down in the above-mentioned provisions which are apparently defective or not corresponding and that it is exempt from proof of the existence of the non-conformity of the goods during the six months following the issue of the goods, except for occasional goods, this period shall be extended to 24 months from 18 March 2016 that the consumer may also assert the security against hidden defects of the goods sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price (articles 1644 of the Civil Code).
Return of piece without intervention from us:
If after checking your part for repair it turns out that it is declared by our services "irreparable" or then following a cancellation of the mission on your part and that your part has a major failure, it will be returned to you "open" not raised, so that you can see for yourself the failure and also in order to avoid reassembly of a defective part on your vehicle, we cannot be held responsible for the consequences of reassembly of a defective part on your vehicle.
Competence / Material
The buyer must before purchasing a spare part / repair service / part reconditioned in standard exchange... ensure that he has the skills / tools / programming equipment necessary for the proper assembly and proper functioning of the purchased elements.
No return will be accepted if the buyer has not validated these points before purchase.
Consignee:
The collection of a deposit of an amount of between EUR 100 and EUR 1000 is carried out for the supply of new or repackaged coin in standard exchange, this deposit is returned after inspection within 6 weeks upon receipt of the old material (faulty part), it must be delivered complete not "bricolated", not "modified" and not "destroyed" (excluding piece of wear type bearings / clutches / joints), failure to comply with these rules will result in the retention of all or part of the deposit.
The return period of the deposit is 4 weeks between the date of delivery of the reconditioned or new part and the return to our premises, in case of exceeding this period, we reserve the right not to accept this return and not to refund the deposit.
Transport back Consigns parts less than 30 kilos:
The transport of the return of the deposit which is included in the initial shipping costs includes a return voucher " Chronopost" with free deposit at the post office within 4 weeks after the edition of it, the exceeding of this delay leads to the nullity of this voucher. After 4 weeks, the return fee will be borne by the buyer.
Additional guarantees:
For new internal spare parts (chain, bearings, spies...), the warranty is 12 months. (As a reminder the installation of these elements must be carried out by a professional, the mileage at the time of installation must be justified on invoice following a fitting in a professional of the parts of the transmissions automobiles). Maintenance every 40,000 km by draining with fluids corresponding to the manufacturer's recommendations must be justified. The warranty of spare parts will be requested directly from our supplier according to his conditions he can request the return of the "flawful" part and his analysis at his premises before indicating whether or not the replacement of the part under warranty is taken care of, this procedure can last several weeks.
For new, used, controlled or reconditioned complete transmission parts the warranty is 12 months (or 24 months if specified on the item). (As a reminder the installation of these elements must be carried out by a professional, the mileage at the time of installation must be justified on invoice following a fitting in a professional of the parts of the transmissions automobiles). Maintenance every 40,000 km by draining with fluids corresponding to the manufacturer's recommendations must be justified.
For the repair of transmission parts the warranty is 12 months. (As a reminder the installation of these elements must be carried out by a professional, the mileage at the time of installation must be justified on invoice following a fitting in a professional of the parts of the transmissions automobiles). Maintenance every 40,000 km by draining with fluids corresponding to the manufacturer's recommendations must be justified.
For all used transmission parts checked the warranty is 12 months. (As a reminder the installation of these elements must be carried out by a professional, the mileage at the time of installation must be justified on invoice following a fitting in a professional of the parts of the transmissions automobiles). Maintenance every 40,000 km by draining with fluids corresponding to the manufacturer's recommendations must be justified.
Interventions under the guarantee shall not have the effect of extending the duration of the guarantee unless immobilized during the return to the Guarantee.
Any intervention under the guarantee shall require the presentation of the original invoice issued by the Seller.
To benefit from our warranty, the defective part must first be submitted to our service after sale. After-sales service agreement is essential to consider replacement or repair of the part.
Under the warranty, our only obligation will be to replace or repair the defective part free of charge, as recommended by the seller's after-sales service.
If after examination of the file and analysis of the part by GTH Transmission a failure of the performance or part provided by GTH Transmission is proved, partial or full support of the shipping costs and of the deposit labour - rests may be considered under the following conditions:
Time at the internal scale GTH Transmission at the hourly rate following 50 euros ttc.
Coding - calibration" package if necessary 60 euros incl.
Provision of the fluids needed for the operation.
The amount of a guarantee can not exceed the amount initially invoiced by our company for the guaranteed benefit.
GTH Transmission may also not be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of its services.
Guarantee exclusions
The warranty excludes all services or provision of parts / spare parts mounted on vehicles which have undergone changes in power increase and or of electronic or mechanical torque (electronic reprogramming / change of turbo / decatalyst...).
The same applies to mechanical modifications on rolling trains or transmission.
To sum up, the warranty excludes all services or supplies of parts/parts mounted on vehicles which do not comply with the manufacturer's specifications when the vehicle was delivered new by the same manufacturer.
The warranty does not cover defects and damage caused by normal wear or tear, by an external accident (incorrect assembly, oil-free assembly, "mechanical or electronic disruption during assembly", defective maintenance, abnormal use) or by a modification of the part not provided for or specified by us.
Any dispute over the application of this warranty will be submitted to arbitration by an automobile expert approved by the insurance companies, at your expense.
For 4-wheel drive vehicles, the use of 4 tires of the same brand, same model (approved by the manufacturer for asymmetric tire fitments) with similar wear no more than 30/100 wear difference at most and a maximum difference in circumference between the front and rear axle of 14mm is mandatory in order to avoid premature wear of the transmission components; failure to comply with this rule excludes any warranty coverage.
For "electromechanical" and mechanical parts where we supply or repair only the mechanical part, the parts whose operation depends on a steering external to the part itself, the guarantee excludes any problem related to an absence of "programming", "electronic adjustment", "electronic adaptation" ... or malfunctioning of the controllers or driving engines of the vehicle on which the part is mounted, if the electronic intervention is necessary and it is not carried out correctly this results in premature wear of the mechanical assembly, any failure to comply with this rule results in a lack of warranty.
Article 13: Complaints and mediation
If applicable, the Buyer may submit any claim by contacting the Company through the following contact information GTH Transmission 30 route of FOUGAS 32240 TOUJOUSE.
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 mediator 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 the dispute to a mediator who will attempt in complete independence to bring the parties together with a view to obtaining an amicable solution.
Article 14: Contract resolution
The order can be resolved by the buyer by registered letter with request for receipt in the following cases:
- delivery of a product not in conformity with the characteristics of the order
- delivery exceeding the deadline set at the time of the order or, in the absence of a date, within 30 days of payment ;
- unjustified price increase or product modification. In such cases, the buyer may require the repayment of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
Article 15: Intellectual property rights
Brands, 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 carried out through these VGCs. Any total or partial reproduction, modification or use of such property for any reason is strictly prohibited.
Article 16: Force majeure
The performance of the seller's obligations at the end of this Agreement shall be suspended in the event of the occurrence of an accidental event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of contract
If any of the provisions of this contract were annulled, such nullity would not result in the nullity of the other provisions which shall remain in force between the parties. Any contractual amendment shall be valid only after a written agreement has been signed by the parties.
Article 18: Protection of personal data
Pursuant to Regulation 2016/679 of 27 April 2016 on the protection of persons
in relation to the processing of personal data and to the free movement of such data, the Seller shall establish a processing of personal data for the purpose of selling and delivering products and services defined in this contract. The Buyer is informed of the following:
-the identity and contact details of the controller i.e.: the Seller, as indicated at the top of these Terms of Reference
-the contact details of the Data Protection Officer: i.e. the Seller, as indicated at the top of these Terms of Reference
-the legal basis of the treatment: contractual performance
-the recipients or categories of recipients of personal data, if they exist: the controller, his marketing services, the it security services, the sales, delivery and order department, the subcontractors involved in the delivery and sale operations and any authority legally authorised to access the personal data in question
-no transfer outside the EU is foreseen
-the data retention period: the time of the commercial prescription
-the data subject has the right to request from the controller access to, rectification or erasure of personal data, or limitation of the processing of the data subject's data, or the right to object to processing and the right to portability of data
-the person concerned has the right to lodge a complaint with a supervisory authority
-the information requested at the time of the order is necessary for the drawing up of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed.
No automated decisions or profiling are implemented through the ordering process.
Article 19: Applicable law and clauses
All the clauses contained in these terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.
The nullity of a contractual clause does not result in the nullity of these general conditions of sale.
Article 20: Consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Aricle 1641 of the Civil Code: The seller is bound by the warranty because of the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which reduce such use so much that the buyer would not have acquired it, or would have given only a lesser price, had he known them.
Aricle 1648 of the Civil Code: The action resulting from the defects shall 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 shall be brought, with the exception of foreclosure, within one year of the date on which the seller may be discharged of apparent defects or defects of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in accordance with the contract and responds to any defects in conformity existing at the time of issue. It shall also respond to non-conformity resulting from the packaging, assembly instructions or installation where the packaging has been placed at its charge by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The property complies with the contract:
1° If it is specific to the usually expected use of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model ;
- if it presents the qualities that a buyer can legitimately wait with regard to the public statements made by the seller, the producer or its representative, especially in advertising or labelling ;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from non-conformity is prescribed by two years from the date of issue of the property.
Article L. 217-16 of the Consumer Code: Where the buyer requests from the seller, during the course of the commercial guarantee granted to him when acquiring or repairing movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee remaining to run.
That period shall run from the request for intervention by the purchaser or from the provision for reparation of the property in question, if that provision is made after the request for intervention.
Edition 4.1 of 21/01/2024