General Terms and Conditions of Sale

Last updated 15/10/2024

Preamble

These general terms and conditions of sale (hereinafter the "GTC") apply to any purchase made by an internet user / individual / legal entity (hereinafter the "Buyer") on the website https://www.smtperformances.fr, https://www.smtperformances.com, or https://store.smtperformances.com (hereinafter the "Site") from SMT Performances SAS with share capital of 3,334.00 € euros, whose registered office is located at La Cantine du Numérique, 40 rue de la Tour d'Auvergne, 44200 Nantes, FRANCE and registered with the NANTES Commercial Court Registry under number 830 632 014, hereinafter referred to as the "Seller ".

SMT Performances reserves the right to modify these GTC at any time. Such modifications shall take effect upon their publication online and may not apply to contracts concluded prior thereto. The latest version of the GTC is available on the Site at the following address: https://smtperformances.fr/cgv-pegase-moto/. These GTC are governed by French law. Any order placed on the Site implies the Buyer's unconditional acceptance without reservation of these general terms and conditions.

Bloctel

SMT Performances reminds consumers that they may register free of charge on the BLOCTEL telephone marketing opt-out list (https://www.bloctel.gouv.fr/) in order to no longer be contacted by telephone by any professional with whom they do not have an ongoing contractual relationship, in accordance with French Law n°2014-344 of 17 March 2014 on consumption.

Flashbird and Pégase – Product Specificities

Pégase : The Pégase GPS tracker is offered without subscription and benefits from a two-year warranty from the date of purchase.

Flashbird : The Flashbird GPS tracker is sold with a subscription (monthly or annual), and is guaranteed for life as long as the subscription remains active. The Subscription includes additional services, such as:

• Automatic emergency alert in case of motorcycle fall detection in France, provided in partnership with Liberty Rider.
• Vehicle theft assistance service, in partnership with GIE Argos, enabling rapid vehicle recovery.

These services are active only when the subscription is valid.

Article 1 – Presentation and Definitions

These General Terms and Conditions of Sale (hereinafter referred to as " GTC ") apply between:

• The company SMT Performances, SAS with share capital of 3,334.00 € euros, whose registered office is located at La Cantine du Numérique, 40 rue de la Tour d'Auvergne, 44200 Nantes, FRANCE and registered with the NANTES Commercial Court Registry under number 830 632 014, hereinafter referred to as the " Seller ";
• Any individual or legal entity wishing to make a purchase on the Site, hereinafter referred to as the " Buyer ".

In these GTC, words or expressions beginning with a capital letter have the following meaning:

• "Site" : the present website accessible at www.smtperformances.fr or www.smtperformances.com or https://store.smtperformances.com as well as all iOS and Android mobile applications distributed by SMT Performances.
• "Product" : any item sold and delivered by the Seller to the Buyer through the Site.
• "Services" : all services made available by the Seller to the Buyer on the Site that contribute to the proper use of the Products. Some of these services are provided free of charge with the Products, while others are offered by Subscription on the Site.
• "Subscription" : Service offering that requires a paid and mandatory monthly or annual subscription. The Subscription may be essential for the operation of a Product.

Article 2 – Object of the Contract

These GTC are intended to define the contractual provisions between the Seller and the Buyer. The purchase of one or more Products through the Site implies unconditional acceptance by the Buyer of these GTC.

The Buyer therefore confirms having read and understood the entirety of these GTC before any purchase and use of the Products and Services offered by the Seller.

Article 3 – Conditions of sale

To purchase Products and/or use and subscribe to Services, the Buyer must follow the steps of the process indicated on the Site.

By accepting these GTC, the Buyer declares that they have reached the age of majority in their country, State or province of residence.

Article 4 – Prices

The prices of Products or paid Services are indicated by the Seller in euros, all taxes included and excluding delivery charges. All taxes, duties, customs duties or any other charges that may apply to the order are the responsibility of the Buyer.

The Seller calculates and applies sales tax in accordance with applicable legislation. The applicable prices are those that the Seller currently displays on its website.

A Product or Service will be charged at the rate in force at the time of order validation and subject to availability. The Seller reserves the right to modify its price list at any time and to apply new charges, with or without notice to the Buyer, which notice may, where applicable, be given by sending an email or by posting on the Site.

The Buyer may cease using the Services if they do not accept the new pricing conditions; use of the Services after receipt of such notice constituting acceptance of the changes or price increases. The Products remain the property of the Seller until full payment of the price. From the moment the Buyer takes physical possession of the ordered Product(s), the risk of loss or damage to the Products is transferred to them.

Article 5 – Accuracy, completeness and timeliness of information

The Site may contain certain outdated information. Such outdated information is, by nature, not up to date and is provided for information purposes only. The Seller reserves the right to modify the content of the Site at any time, without any obligation to update the information on the Site. The Buyer accepts that it is their responsibility to monitor changes made to the Site.

Article 6 – Products, Services and Subscriptions

Products may be exclusively available on the Site, and some may be available in limited quantities. Any Product sold on the Site may be returned or exchanged in accordance with the Return Policy of these GTC.

The Seller reserves the right, without being obliged to do so, to limit the sale of its Products or the use of its Services in any geographical region or jurisdiction, as well as to any person in the case of a legitimate reason provided for by Article L.122-1 of the French Consumer Code. The Seller may exercise this right on a case-by-case basis. The services offered with the Flashbird trackers, such as emergency alert and theft assistance, are available only in mainland France. The Seller reserves the right to limit access to these services in other geographical regions.

The Seller reserves the right to limit the quantities of any Product or Service it offers. All Product and Service descriptions may be modified at any time without prior notice, at the Seller's discretion. The Seller reserves the right to cease offering a Product or Services at any time.

The Seller reserves the right at any time to modify or discontinue the Site and/or the Services (as well as any part or content of the Site or Services) without notice and at any time. This notably allows for correcting or improving the Site or the Services.

The Seller shall not be liable to the Buyer or any other third party for any modification, suspension or interruption of the Site or Services. Similarly, the Seller shall not be liable to the Buyer or any other third party for any consequence related to the modification, suspension or interruption of the Site or Services.

The Seller may, in the future, offer new Products and/or Services on the Site (including new tools and new resources) which will also be subject to these GTC.

The Buyer agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the Products and/or Services, or any access to the Site through which the Services are provided, without prior express written authorisation from the Seller.

Subscribing to a Subscription implies full and complete acceptance of these GTC by the Buyer. The GTC applicable to a Subscription are those in force on the date of the Buyer's subscription.

Subscription takes place exclusively on the Seller's Site. It requires completing a subscription form, accepting these GTC, and providing a valid payment method. In case of payment default, the Seller will notify the Buyer twice within the month, after which it may suspend the Buyer's access to the Services, having notified them by email beforehand.

A Subscription takes effect from subscription on the Site. It may be subscribed for a monthly or annual period. In both cases it will be automatically renewed for an equivalent period once it expires, under the same pricing conditions.

The Seller reserves the right to modify the price of a Subscription for any new contractual period if this new offering provides Services different from the previous Subscription. It will then inform the Buyer of the price increase and the changes to the Services at least one month before the end of the current contractual period.

The Buyer will have the option to accept or refuse the new price one month before the renewal of the Subscription. If they accept it, the new price will apply for the new contractual period. If they refuse it, the Buyer will retain the right to keep their previous Subscription and to renew it on the same terms as at the time of subscription.

The Subscription may be terminated at any time at the Buyer's initiative. However, any calendar month (or year depending on the chosen periodicity) commenced will remain fully due by the Buyer, and no pro-rata refund for the current calendar month (or year depending on the chosen periodicity) will be possible in case of termination.

Article 7 – Prohibited use of Products and Services

The Seller reserves the right to suspend its Services to Buyers who have use considered abusive or illegal of the Product and/or Services. Two specific cases are explicitly defined by these GTC:

1. if a vehicle equipped with a Product uses it for illegal purposes (espionage, transport of prohibited goods, etc).
2. if a vehicle equipped with a Product and using the Services is used in a country that is not listed among the following:

Afghanistan, Albania, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bolivia, Bonaire, Bosnia, Brazil, British Virgin Islands, Brunei, Bulgaria, Burkina Faso, Myanmar, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Cayman Islands, Chad, Chile, China, Colombia, Congo-Brazzaville, Congo-Kinshasa, Costa Rica, Croatia, Curaçao, Cyprus, Czech Republic, Democratic Republic of Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Estonia, Eswatini, Ethiopia, Faroe Islands, Fiji, Finland, France, French Guiana, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iran, Ireland, Isle of Man, Italy, Ivory Coast, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macao, North Macedonia, Madagascar, Malawi, Malaysia, Mali, Malta, Martinique, Mauritania, Mauritius, Mexico, Moldova, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nauru, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Réunion, Romania, Russia, Rwanda, Saint Eustatius and Saba, Saint Kitts and Nevis, Saint Lucia, Saint Martin (French part), Saint Vincent and the Grenadines, Saint-Barthélemy, Saint-Martin, El Salvador, Samoa, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Korea, South Sudan, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Tahiti (French Polynesia), Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, US Virgin Islands, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Zambia, Zimbabwe.

Article 8 – Orders

The Buyer may place their order directly on the Site. The contractual information is presented on the Site in French and will be confirmed by the Buyer no later than at the time of order validation.

Any order placed on the Site implies full and complete adherence to these GTC, without exception or reservation.

All data provided and the recorded confirmation shall constitute proof of the transaction, and the order confirmation shall constitute signature and acceptance of the order by the Buyer who declares full knowledge of this information as well as of these GTC.

The Seller undertakes to process orders placed by the Buyer within the deadlines indicated on the Site. An order confirmation email is sent to the Buyer following the completion of their purchase transaction, also informing them of payment validation.

Article 9 – Payment

a. of Products
Payment is due at the time of order. The Product purchased from the Seller may be paid according to the following options:

• by bank card on the Seller's website, via secure access;
• if purchase assistance is needed, by credit card through the Seller's customer service;
• if the option is offered, by SEPA direct debit.

b. of Services
Payment for Services purchased from the Seller, including access to any paid or subscription-based function available on the Site, must be made through the Site by bank card, credit card, SEPA direct debit or any other payment method offered on the website.

c. of Subscriptions
Subscriptions to certain Services may be taken out for a monthly or annual period (hereinafter referred to as the "Subscription Period"), and automatically renew for subsequent Subscription Periods until the Buyer's account is closed. Subscription fees are due no later than the first day of each Subscription Period, from the activation date.

Article 10 – Availability

Products and Services are offered as long as they are visible on the Site and within the limits of available stock. For non-stocked Products, the offers are valid subject to availability from our suppliers.

In case of unavailability of Products or Services after an order has been placed by a Buyer, they will be informed by email. If the Buyer so wishes, the order will be cancelled and no bank debit will be made.

Furthermore, the Site is not intended to sell its products in large quantities. Consequently the Seller reserves the right to refuse orders of more than 10 identical items.

Article 11 – Delivery

Products are delivered to the delivery address indicated during the order process, within the deadline indicated on the order validation page.

Products will be delivered by carrier, either with La Poste's tracking service: Colissimo Service or other carriers as the case may be.

In case of shipping delay, an email will be sent to the Buyer to inform them of any impact on the delivery deadline that had been indicated.

In case of delivery by carrier, the Seller cannot be held responsible for delivery delay due exclusively to the Buyer's unavailability after several delivery appointment proposals.

Article 12 – Right of withdrawal

In accordance with the provisions of Article L.121-21 of the French Consumer Code, the Buyer has a withdrawal period of 14 days from receipt of their Products, or delivery of their Services, to exercise their right of withdrawal without having to justify reasons or pay any penalty.

Product returns must be made complete (packaging, accessories, instructions) and in correct condition. In this context, the Buyer's liability is engaged. Any damage suffered by a Product on this occasion may result in the right of withdrawal being forfeited, except for minor damage due to simple handling of the Product to assess its nature, characteristics and proper functioning, in accordance with Article L.221-23 of the French Consumer Code.

Return costs are the responsibility of the Buyer. In certain cases SMT Performances may offer a facilitated return service with a prepaid shipping label, the costs being deducted from the final refund. The procedure will be communicated to them by email after their first contact by email at contact@smtperformances.fr

The Buyer may also complete the form below and send it to the email address contact@smtperformances.fr or by post to SMT Performances, La Cantine du Numérique, 40 rue de la Tour d'Auvergne, 44200 Nantes, FRANCE:

 
---------------------------------------------------
WITHDRAWAL FORM

Attention: SMT Performances,
I hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product serial number: [_____________________]
Invoice number: [__________________________]
Ordered on [__________________] / received on [______________________]
Payment method used: [_____________________]
Name of the Buyer and, where applicable, the order beneficiary: [_______________________]
Buyer's address: [____________________________]
Delivery address: [_____________________________]
Buyer's signature (except in case of transmission by email):
Date: [___ / ___ / ___ ]
---------------------------------------------------

In case of exercise of the right of withdrawal, the Seller will proceed with refund of the amounts paid, within 14 days following notification of the request and via the same payment method used for the order. Delivery costs are not refunded.

Article 13 – Legal warranty of conformity and warranty against hidden defects

Any defects in conformity of Products purchased on the Site are guaranteed by SMT Performances under the conditions of Articles L. 217-4 to L. 217-12 of the French Consumer Code and of hidden defects of the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. These warranties are independent of any additional commercial warranty that may be granted and applied in accordance with the GTC.

In the context of implementing the legal warranty of conformity, the Buyer:

• benefits from a period of two (2) years from delivery of the Product to take action;
• may choose between repair or replacement of the Product, subject to the cost conditions provided for by Article L. 217-9 of the French Consumer Code (which provides that SMT Performances may not proceed according to the Buyer's choice if such choice results in a cost that is manifestly disproportionate for SMT Performances compared to the other option, taking into account the value of the Product or the importance of the defect);
• is exempt from having to prove the existence of the defect in conformity of the goods during the twenty-four (24) months following delivery of the Product. However, SMT Performances may challenge this presumption if it is not compatible with the nature of the Product or the defect in conformity.

The Buyer may also decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the French Civil Code. They may then choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

This legal warranty of conformity applies independently of the commercial warranty that may be granted by SMT Performances for certain Products and which is governed by these GTC. To implement the commercial warranty, the Buyer must contact SMT Performances after-sales service at the following coordinates: sav@smtperformances.fr. The Buyer must indicate on what basis they are claiming the warranty. To invoke the commercial warranty, the Buyer must return the Product to the following address: SMT Performances, La Cantine du Numérique, 40 rue de la Tour d'Auvergne, 44200 Nantes, FRANCE with proof of purchase and all corresponding supporting documents. SMT Performances will assess the possibility of repairing the Product. If repair of the Product is impossible, SMT Performances will offer a replacement to the Buyer, who will be informed by email. SMT Performances will proceed with return or replacement of the Product within the deadline indicated by email to the Buyer. SMT Performances will reimburse delivery costs as well as Product return costs upon presentation of an invoice. Furthermore, delivery of the repaired or replaced new Product will be free of charge. Products are returned to SMT Performances under the responsibility of the Buyer. SMT Performances cannot be held responsible in any way for returned Products that have been lost, stolen, misplaced or damaged during the corresponding transport.

Products must be returned in the condition in which they were received with all elements (accessories, packaging, instructions…).

The provisions of this Article do not prevent benefiting from the right of withdrawal provided for in the previous article.

Article 14 – Exclusion of warranties and limitation of liability

The Seller cannot guarantee that use of the Products and Services by the Buyer will be uninterrupted, fast, secure or error-free.

The Seller does not guarantee that the results that may be obtained through use of the Products and Services will be accurate or reliable.

The Buyer expressly agrees that their use of the Products and Services, or their inability to use them, is at their sole risk. The Products and Services as well as all products and services provided to you through the Services are (unless we expressly state otherwise) provided "as is" and "as available" for use by the Buyer, without representation, warranties or conditions of any kind, express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.

The Seller, its directors, officers, employees, affiliated companies, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether contractual, tortious (even in case of negligence), strict liability or otherwise, resulting from use of the Services and/or Products from the Seller, or regarding any other claim related in any way to use of the Services or any Product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from use of the Services or Products or any content (or product) published, transmitted, or otherwise made available through the Services, even if the Buyer had been advised of the possibility that they might occur. Because some States or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the Seller's liability shall be limited to the maximum extent permitted by law.

Article 15 – Content produced and/or distributed by the Buyer

If, at the Seller's request, the Buyer submits specific content (for example, to participate in competitions, or simply photos of their use of Products or Services), or if without request from the Seller, the Buyer sends such specific content, whether online, by email, by mail, or otherwise (collectively, "comments "), the Buyer grants the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any content transmitted by the Buyer. The Seller shall not be and shall not be required (1) to maintain the confidentiality of the content; (2) to pay compensation to anyone for any content provided; (3) to respond to the content.

The Seller may, but without any obligation to do so, monitor, modify or delete content that it considers, at its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these GTC.

The Buyer undertakes to produce and provide content that does not violate the rights of third parties, including copyright, trademark rights, privacy, personality, or other personal or property rights. The Buyer also agrees that their content will not contain illegal, defamatory, offensive or obscene content, and that it will not contain computer viruses or other malicious software that could in any way affect the operation of the Services or any associated website. The Buyer may not use a false email address, pretend to be someone they are not, or attempt to mislead the Seller and/or third parties as to the origin of their content. The Buyer is entirely responsible for all content they publish as well as its accuracy. The Seller assumes no responsibility and disclaims any commitment regarding any content published by a Buyer or by any other third party.

Article 16 – Personal Information

The submission of personal information on the Site by the Buyer is governed by a Privacy Policy compliant with the General Data Protection Regulation (GDPR). The Buyer has a right of access, rectification, erasure, portability, and objection to processing of their data by writing to contact@smtperformances.fr. Click here to view this Privacy Policy.

Article 17 – Errors, inaccuracies and omissions

There may sometimes be information on the Site or in the Services that could contain typographical errors, inaccuracies or omissions that could relate to Product and/or Service descriptions, prices, promotions, offers, Product shipping charges, delivery times and availability. In such case the Seller undertakes to correct any error, inaccuracy, omission, and to change or update information as soon as it becomes aware thereof.

The Seller is required to update, modify or clarify information on the Site and in the Services or on any other associated website.

Article 18 – Prohibited uses

In addition to the prohibitions set forth in the GTC, the Buyer is prohibited from using the Site and/or the Services: (a) for illegal purposes; (b) to induce third parties to commit illegal acts or to participate therein; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a manner to compromise the functionality or operation of the Services or any associated website, independent, or of the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of the Services, any other website, or the Internet. The Seller reserves the right to terminate a Buyer's use of the Services or any connected website for having violated the prohibited uses.

Article 19 – Optional tools

The Seller may provide access to third-party tools over which it exercises no monitoring, control or influence.

The Buyer acknowledges and accepts that the Seller provides access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement. The Seller shall have no legal liability resulting from or related to the use of these optional third-party tools.

If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should consult the terms under which these tools are offered by the relevant third-party provider(s).

Article 20 – Termination

The obligations and responsibilities incurred by the parties before the date of termination shall remain in effect after termination of this agreement for all purposes.

These GTC are effective unless and until they are terminated by the Buyer or the Seller. The Buyer may terminate these GTC at any time by notifying the Seller that they no longer wish to use the Site and the Services.

If the Seller determines, at its sole discretion, that the Buyer has failed, or if the Seller suspects that the Buyer has been unable to comply with the terms of these GTC, the Seller may terminate this agreement at any time without prior notice to the Buyer who shall remain liable for all amounts due up to and including the date of termination, and/or the Seller may deny them access to its Services (or any part thereof).

The Subscription termination conditions are specifically described in Article 6 of these GTC.

Article 21 – Entire agreement

Any failure by the Seller to exercise or enforce any right or provision of these GTC shall not constitute a waiver of such right or provision.

These GTC or any other policy or operating rule published on the Site or relating to the Services constitute the entire agreement and understanding between Buyer and Seller and govern the use of the Products and/or Services, and replace all prior and contemporaneous communications, proposals and agreements, oral or written, between Buyer and Seller (including, but not limited to, any prior version of the GTC).

Article 22 – Applicable law in case of disputes

The language of this contract is French. These terms of sale are subject to French law. In case of dispute, the French courts shall have exclusive jurisdiction, unless otherwise provided by applicable legislation. A consumer Buyer residing in another Member State of the European Union may choose to bring the dispute before the courts of their country of residence.

Article 23 – Intellectual property

All elements of the Site are and remain the intellectual and exclusive property of the Seller. No one is authorised to reproduce, exploit, redistribute, or use in any way, even partially, elements of the site whether software, visual or audio.

Article 24 – Personal data

The Site and the Seller reserve the right to collect personal information and data concerning the Buyer. They are necessary for order management, as well as for improving the Products and/or Services and the information addressed to the Buyer.

They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This information and data are also retained for security purposes, in order to comply with legal and regulatory obligations.

In accordance with French Law of 6 January 1978, the Buyer has a right of access, rectification and objection to the personal information and data concerning them, by email to contact@smtperformances.fr.

Article 25 – Proof archiving

The Site and the Seller will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the French Civil Code.

The computerised records of the Site and the Seller will be considered by all concerned parties as proof of communications, orders, payments and transactions that occurred between the parties.

Article 26 – Contact details

Questions concerning the GTC should be sent to contact@smtperformances.fr.

Article 27 – Mediation and dispute resolution

In case of dispute between the Buyer and the Seller, they will endeavour to resolve it amicably (the Buyer will send a written complaint to the Seller's Customer Relations Service). In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Buyer within the meaning of Article L.133-4 of the French Consumer Code may, if a disagreement persists, refer the matter free of charge to the competent mediator registered on the list of mediators established by the Commission for the evaluation and control of consumer mediation pursuant to Article L.615-1 of the French Consumer Code.

In this capacity, SMT Performances is a member of the SOCIÉTÉ DE LA MÉDIATION PROFESSIONNELLE (https://www.mediateur-consommation-smp.fr/). The Buyer may therefore call upon the mediation system set up by the SOCIÉTÉ DE LA MÉDIATION PROFESSIONNELLE by writing to this address: Société de la Médiation Professionnelle – Médiation de la consommation - 24, Rue Albert de Mun – 33 000 Bordeaux, or by completing the form available at this address: https://www.mediateur-consommation-smp.fr/demander-une-mediation/.

In accordance with Article L.611-3, it should be recalled that consumer dispute mediation does not apply to:

1. Disputes between professionals;
2. Complaints brought by the consumer to the professional's customer service;
3. Direct negotiations between the consumer and the professional;
4. Conciliation or mediation attempts ordered by a court seized of the consumer dispute;
5. Proceedings initiated by a professional against a consumer.

Furthermore, and in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

In the absence of an amicable solution, the French courts shall have exclusive jurisdiction.