Updated on 15/01/2019
Article 1 - Explanation and Definitions
These General Terms and Conditions of Sale (henceforth "GTC") shall apply between:
● SMT Performances is a public limited company with a capital of € 3340,00 whose registered office is located at 37 B avenue de la Côte d'Or 44300 Nantes FRANCE and registered with the Chamber of Commerce in NANTES under company number 830 632 014, hereinafter called "Seller";
● Any natural or legal person who wishes to make a purchase on the Site, hereinafter referred to as the "Buyer";
In these GTC, words and / or expressions starting with a capital letter have the following meaning:
● “Site”: this website can be accessed at https://store.smtperformances.com as well as all iOS and Android mobile applications distributed by SMT Performances.
● "Product": means 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 with the products and others are offered as paid options on the site.
These GTCs are the only ones that apply even in the case of an opposite designation stated elsewhere. No tolerance can be interpreted as a waiver.
All new products and services that are added to the site at a later date are also covered by these GTC. The Buyer can consult the most recent version of the GTC at any time on this page. The Seller reserves the right to update, change, or replace any part of these GTCs and post such updates and / or changes on the Site. It is the Buyer's responsibility to check this page periodically to be informed of any changes. The continued use of the Site or access to it by the Buyer following the publication of a change constitutes acceptance of those changes.
Article 2 - Object of the Agreement
The purpose of this GTC is to establish the contractual arrangements between the Seller and the Buyer. The purchase of one or more products through the Site implies an unconditional acceptance of this GTC by the Buyer.
The Buyer therefore confirms that he has read and understood this GTC in their entirety before purchasing and using the products and services offered by the Seller.
Article 3 - Conditions of sale
In order to purchase Products and / or use the Services and / or subscribe to the Services, the Buyer must follow the steps of the process indicated on the Site.
By accepting this GTC the Buyer declares to be of legal age in its country, state, or province.
Article 4 - Prices
The prices of the paid Products or Services are indicated by the Seller in euros. The prices are inclusive of all taxes and exclusive of delivery costs. Any taxes, duties, customs duties, or 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 law. The applicable prices are the prices stated by the Seller on its website today.
A Product or Service will be billed based on the price in effect at the time of order confirmation and is subject to availability.
The Seller reserves the right to change its price list and charge new fees at any time, with or without noticing the Buyer. If necessary, this notice may be given by email or through publication on the Site. If the Buyer does not accept the new price terms, the Buyer may terminate the use of the Services; use of the Services upon receipt of such notice constitutes acceptance of the changes or price increases.
Until full payment, the Products remain the property of the Seller. As soon as the Buyer takes physical possession of the ordered Product (s), the Buyer bears all risks of loss and damage to the Products.
Article 5 - Correctness, completeness, and topicality of the information
The Seller should not be held responsible if the information provided on the Site is incorrect, complete, or up to date. The content of the Site is provided for informational purposes only and should not be the sole source of information for decision making without first consulting more accurate, complete, and up-to-date sources of information. If the Buyer decides to rely on the content presented on the site, he does so at his own risk.
The Site may contain certain prior data and information. This previous information is by nature not up to date and is provided for informational purposes only. The Seller reserves the right to change the content of the site at any time, without any obligation to update the information on the Site. The Buyer agrees that it is his responsibility to monitor changes on the site.
Article 6 - Products and Services
The Products may be available exclusively on the site and some Products may only be available in limited quantities. Any Product sold on the Site may be returned or exchanged, in accordance with the returns policy of this GTC.
The Seller reserves the right, but is not obligated to, to restrict the sale of its Products or the use of its Services in any geographic region or jurisdiction, and to any person in the event of a legitimate reason as provided in Article L.122-1 of the Consumer Code. The Seller may exercise this right on a case-by-case basis.
The Seller reserves the right to limit the quantities of a Product or Service it offers. All descriptions of Products and Services are subject to change at any time without notice and at the sole discretion of the Seller. The Seller reserves the right to stop offering a Product or Service at any time.
The Seller does not warrant that the quality of all Products, Services and information Purchased or obtained by Purchaser will meet Purchaser's expectations or that any errors in the Services will be corrected.
The Seller reserves the right to change or discontinue the Site and / or the Services (as well as any part or any content of the Site or the Services) at any time without notice. This makes it possible to correct or improve the Site or the Services.
The Seller is not liable to the Buyer or any other third party for any modification, suspension or interruption of the Site or Services. Likewise, the Seller is not 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 information sources) which will also be subject to these GTCs.
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 the prior express written consent of the Seller.
Article 7 - Misuse of Products and Services
To ensure good quality of its Services for all its Buyers, the Seller reserves the right to suspend its Services to Buyers who demonstrate a use that could be considered as a misuse of the Product and / or the Services. Two cases of abuse are explicitly defined in these GTC:
(a) when a vehicle is equipped with a Product and uses the Services and travels more than 10 (ten thousand) kilometers between January 1st and December 31st of the same calendar year. Since this mileage is obtained directly by the Services, it cannot be questioned by the Buyer.
(b) if a vehicle is equipped with a Product and is using the Services in a country not included in the following list: Albania, Algeria, Armenia, Aruba, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Bolivia, Bonaire, Bulgaria, Cambodia, China, Croatia, Curaçao, Cyprus, Czech Republic, Denmark, El Salvador, Estonia, Faroe Islands, Finland, France, French Guyana, Georgia, Germany, Ghana, Gibraltar, Greece, Guadeloupe, Guyana , Honduras, Hong Kong, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Jersey, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Malaysia, Malta, Martinique, Moldova, Mongolia , Montenegro, Nepal, Netherlands, Netherlands Antilles, New Zealand, Nigeria, Norway, Pakistan, Palestine, Panama, Papua New Guinea, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Russia, St. Eustatius and Saba, Sint Maarten (French part), Saint-Bart hélemy, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Suriname, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Tonga, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, United States, Uzbekistan, Vietnam, Virgin Islands, USA, Zambia.
This list of abuses is not exhaustive.
If a Buyer wishes to use the Products and / or Services under circumstances that can be considered as misuse, he can contact the Seller by email at: firstname.lastname@example.org to agree a sales contract and associated prices.
Article 8 - Orders
The Buyer can place his order directly on the Site. The contractual information is presented on the Site in French and must be confirmed by the Buyer at the latest at the time of confirmation of the order.
The Seller reserves the right not to register a payment and / or not to confirm an order for any reason, and in particular in case of a supply problem or in case of difficulties with the order received.
Any order placed on the Site implies full and full acceptance of these Terms and Conditions, without exception or reservation.
All data provided and the recorded confirmation constitute proof of the transaction, and the confirmation of the order is considered acceptance of the order by the Buyer, who declares to have full knowledge of this information and these GTCs.
The Seller undertakes to process the orders placed by the Buyer within the deadlines stated on the Site. After completion of the purchase transaction, an order confirmation will be sent by e-mail to the Buyer informing him, among other things, of the confirmation of payment.
Article 9 - Payment
a. of Products
Payment is made immediately after the order is placed. The Product purchased from the Seller can be paid for in the following methods:
● Payment by credit card on the Seller's website, through secure access;
● If purchase assistance is required, by credit card through the Seller's customer service department;
● If available, by automatic debit.
b. of Services
Payment for Services obtained from the Seller, including access to any paid or subscription features available on the Site, must be made through the Site by bank card, credit card, SEPA direct debit, or otherwise specified and offered on the Site.
c. of Subscriptions
Subscriptions to specific Services can be taken out for a monthly period or for any other period offered by the Seller (hereinafter referred to as the "Subscription Period"). These are automatically renewed for subsequent Subscription Periods until the closure of the Buyer's Account. Subscription fees are payable up to the first day of each Subscription Period and from the day of activation.
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days after receipt of your products to exercise your right of withdrawal without giving reasons or paying a penalty.
Article 10 - Availability
The Products and Services are offered as long as they are displayed on the Site and while supplies last. For products that are not in stock, the offers are valid subject to availability from our suppliers.
In the case of unavailability of Products or Services after an order has been placed by a Buyer, this will be notified by email. If the Buyer so wishes, the order will be canceled and no bank transfer will take place.
In addition, the Site is not intended to sell its products in bulk. Consequently, the Seller reserves the right to refuse orders of more than 10 identical items.
Article 11 - Delivery
The Products will be delivered to the address indicated during the ordering process and within the period indicated on the order confirmation page.
The Products are delivered by a delivery company, either with a Post Tracking Service or other delivery companies, depending on the destination address.
In the event of a delay in shipping, an email will be sent to the Buyer to notify him of a possible date and delivery time.
In case of delivery by a carrier, the Seller cannot be held responsible for late delivery if this is solely due to the Buyer's unavailability.
Article 12 - Right of withdrawal
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days after receipt of your products to exercise your right of withdrawal without giving reasons or paying a penalty.
Returns of products must be in the original and complete condition of the Product (packaging, accessories, manuals). The responsibility of the Buyer is addressed here. Any damage suffered by a Product on this occasion may be such that the right of withdrawal is violated.
Return costs are at the expense of the Buyer. The return procedure will be communicated to him by e-mail after the first contact between the Buyer and the Seller. This must be done by e-mail to the following address: email@example.com
In case of exercise of the right of withdrawal, the Seller will refund the amounts paid within 14 days after notification of the request and by the same payment method as when ordering. Delivery costs are not reimbursed.
Article 13 - Warranty
All Products benefit from the legal guarantee of conformity and a guarantee against hidden defects, provided for in article 1641 et seq. of the Civil Code. In case of non-conformity of a sold Product, it can be returned, exchanged or refunded.
All complaints and repair requests must be submitted by email within 2 years from the day of receipt to firstname.lastname@example.org.
The Products must be returned in the condition in which they were received and with all accompanying elements (accessories, packaging, manuals, etc.). Shipping costs and return costs are the sole responsibility of the Buyer.
The provisions of this article do not prevent you from exercising the right of withdrawal as provided in the previous article.
Article 14 - Exclusion of warranties and limitation of liability
The Seller cannot guarantee the Buyer that the use of the Products and Services will be uninterrupted, prompt, secure or error-free.
The Seller does not warrant that the results that may be obtained from the use of the Products and Services will be accurate or reliable.
The Buyer expressly agrees that its use of the Products and Services provided, or inability to use them, is entirely at its own risk. The Products and Services, and all other products and services offered to you through the Services, are (unless expressly stated otherwise by us) provided "as is" and "when available" for use by Buyer, and without display, without warranties and without conditions of any kind, whether express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular use, the warranty of durability, the warranty of assurance and the absence of counterfeiting.
The Seller, its directors, managers, employees, co-companies, agents, contractors, interns, suppliers, service providers and licensors cannot be held responsible in any way for any injury, loss, claim or direct / indirect, incidental, punitive, special or consequential damages of any kind. Including, but not limited to, any loss of profit, revenue, savings, data, replacement costs or similar damages, regardless of contract, tort (including negligence), strict liability or otherwise, arising out of the use of the Services and / or Products of the Seller, or with respect to any other claim in any way related to the use of the Services or Product, including but not limited to errors or omissions in any content, loss or damage of any kind also arising from the use of the Services or Products, or any content (or Product) published, transmitted or otherwise made available through the Services, even if the Buyer has been warned of the possibility that they may occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, Seller's liability is limited to the maximum extent permitted by law.
Article 15 - Content created and / or distributed by the Buyer
If, at the request of the Seller, the Buyer submits specific content (for example, when entering contests or sharing photos of its use of Products or Services), or if the Buyer is sending and / or sending the same specific content without the Seller's request share, whether online, by email, by post or otherwise (which are also commonly referred to as "comments"), grants the Buyer the right to edit, copy, edit, copy by Seller at any time and without limitation, such content, to publish, distribute, translate and otherwise use, and this in all types of media. The Seller will have no obligation to (1) maintain the privacy of the content; (2) to pay compensation for all content provided; (3) respond to content.
The Seller may, but without obligation to do so, monitor, edit, or remove any content that it considers in its sole discretion to be illegal, insulting, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or other of these GTCs.
The Buyer agrees to produce and provide content without violating the rights of any third party, including copyright, trademark, privacy, personal or other proprietary rights. The Buyer also agrees that its content will not contain illegal, defamatory, offensive or obscene content, nor any computer virus or other malicious software that could in any way affect the operation of the Services or any related website. The Buyer must not use a false e-mail address, impersonate someone else, or attempt to mislead the Seller and / or third parties as to the origin of the content. The Buyer is fully responsible for all content that it publishes, as well as for its accuracy. The Seller assumes no responsibility and disclaims any liability regarding any content posted by a buyer or any other third party.
Article 16 - Personal Information
Article 17 - Errors, inaccuracies, and omissions
There may at times be information on the Site or in the Services that may contain typographical errors, inaccuracies or omissions, including descriptions of Products and / or Services, prices, promotions, offers, shipping costs, delivery times and availability. The Seller reserves the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders, if any information on the Site or in the Services is incorrect, at any time without prior notice. notification (even after the Buyer has placed an order).
Seller is under no obligation to update, change or clarify any information on the Site and in the Services or on any related Site, including without limitation pricing information, except as required by law. No defined date of update or update on the Site or in the Services or on any other linked Site should be considered to conclude that the information on the Site or in the Services, or on any other linked website has changed or updated.
Article 18 - Prohibition of use
In addition to the prohibitions set forth in the GTC, Buyer is prohibited from using the Site and / or Services: (a) for illegal purposes; (b) to induce others to commit or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or national law, rule or regulation; (d) to infringe or violate any intellectual property rights; (e) to harass, abuse, insult, hurt, slander, belittle, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malware code that will, or could be, used in a way that compromises the functionality or operation of the Services or any related independent Internet website; (h) to collect or track the personal information of others; (i) to spam / phishing, hack a domain, extort or search for or explore information, scan the website (or any other source); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of the Services, another website or the Internet. The Seller reserves the right to terminate Buyer's use of the Services or related website for violation of the prohibition of use.
Article 19 - Optional tools
The Seller may provide access to third-party tools over which it has no control, management or influence.
The Buyer acknowledges and agrees that the Seller provides access to such tools "as it is" and "as available" without warranty, representation or conditions of any kind and without any endorsement. The Seller has no legal liability arising out of or in connection with the use of these optional third-party tools.
If you use the optional tools provided on the site, you do so at your own risk and in your sole discretion, and you should consult the terms and conditions of the relevant third-party provider(s) site where such tools are offered.
Article 20 - Reimbursement
The Buyer agrees to indemnify, defend, and protect Seller, its parent, subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees. Also, in the case in respect of any claim or request, including reasonable attorneys' fees, filed by a third party because of or arising out of its violation of the GTC or the documents to which they refer, or its violation of any law or of the rights of a third party.
Article 21 - Dissociation
In the event that any provision of these GTC is held to be unlawful, void or unenforceable, such provision may nevertheless be applied to the fullest extent permitted by law, and the inapplicable portion will be deemed irrelevant of these GTC. This dissociation does not affect the validity and enforceability of all other provisions.
Article 22 - Termination
The obligations and responsibilities entered by the parties prior to the termination date will survive termination of this agreement for all purposes.
These GTC are effective unless and until terminated by the Buyer or the Seller. The Buyer may terminate these GTC at any time by notifying the Seller that it no longer wishes to use the Site and Services.
If the Seller determines, in its sole discretion, that the Buyer has not complied with these GTC, 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 notifying to the Buyer, who remains responsible for all amounts due up to the date of termination (including the day of termination), and / or the Seller may deny the Buyer access to its Services (or any part thereof).
Article 23 - Entire agreement
Any failure by the Seller to exercise or apply any right or provision of these GTC shall not constitute a waiver of that right or provision.
These GTC or any other policy or operating rule published on the Site or relating to the Services constitute the entire applicable understanding and agreement between the Buyer and the Seller for the use of the Products and / or Services, and supersede all notices, proposals and all agreements (past and present, oral or written) between Buyer and Seller (including, but not limited to any prior version of the GTC).
Any lack of clarity about the interpretation of these GTC should not be interpreted to the disadvantage of the draftsman.
Article 24 - Applicable law in disputes
The language of this contract is French. These online terms and conditions of sale are subject to French law. In case of dispute, the French courts will have jurisdiction.
Article 25 - Intellectual property
All elements of the Site are and remain the intellectual and exclusive property of the Seller. No person may reproduce, trade, rebroadcast, or use any elements of the Site in whole or in part for any purpose, via software, image or sound.
Article 26 - Personal data
The Site and the Seller reserve the right to collect nominative information and personal data about the Buyer. These are necessary for the management of the order, but also for the improvement of the Products and / or Services, the offer, and the information sent to the Buyer.
They may also be sent to companies that contribute to these relationships, such as companies responsible for the execution of the services and orders for their management, fulfillment, processing and payment.
This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6th, 1978, the Buyer has the right to access, change or oppose this data. This only applies to the personal information and personal data relating to him. The person can do this by sending an email to the following address: email@example.com.
Article 27 - Archives of Evidence
The Site and the Seller will file the purchase orders and invoices on a reliable and durable medium that is a true copy and in accordance with Article 1348 of the Civil Code.
The automated storage of the Site and of the Seller will be considered by all parties involved as evidence of communications, orders, payments and transactions between the parties.
Article 28 - Contact details
All questions regarding the GTC can be sent to: firstname.lastname@example.org
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