TERMS AND CONDITIONS
OF SALE

Article 1: Object – Definitions
These General Conditions (hereinafter the Contract) describe the rights and obligations of NEW CHALLENGE PARIS SASU, located at 48 route de Rambouillet in SAINT-HILARION 78125, registered under the number Siret 94793187900011 at the RCS of Versailles, hereinafter referred to as (the Seller) and its buyer client hereinafter (the Buyer) in the context of the order and sale of Interior & Exterior equipment parts for collector vehicles hereinafter (the Sale).
Sales made between the Seller and the Buyer are only subject to this Contract to the exclusion of any other. Any Sale made by NEW CHALLENGE PARIS  SASU therefore implies the Buyer's unreserved acceptance of this Contract. The version of the Contract applicable to the Sale(s) is that in force on the date of validation of an order.
The Buyer is a natural person, a legal person or a public authority. The Buyer guarantees that he is fully authorized to subscribe to the offer proposed by NEW CHALLENGE PARIS SASU, and to use the means of payment necessary for this subscription, and that these are not means of payment fraudulently used. . He also undertakes to ensure that his account is sufficiently provisioned to cover the purchases he makes.

 

Article 2: Order
The items offered by the Seller appear in its catalog.

2.1: Catalog quality The Buyer is informed that the items are entirely handmade by craftsmen. The natural raw materials used make some variability and imperfections inevitable in the form of shades of color, fine cracks, small differences in thickness,... These small imperfections are proof that everything is made by hand and will add charm from the whole. The photographs appearing in the catalog are as faithful as possible but cannot guarantee a perfect similarity with the article offered, in particular with regard to the colors. The Buyer is the sole judge of the use he makes of the goods ordered. He is therefore responsible for the consequences resulting from this use. It is up to him to choose the qualities of the products that are suitable for the destination he intends to give them. 

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2.2: Validation of the order to place an order, the Buyer must have signed an order form including all his contact details, in particular the delivery and billing addresses, the quantity of items ordered, the selling price.
All the data provided and the order confirmed and recorded will be worth proof of the transaction. The Seller will acknowledge receipt and communicate by e-mail the validation of the registered order, as well as a summary. These emails are sent to the email address indicated by the Buyer. If a Buyer does not receive one of the two emails mentioned above, it is recommended that he contact our Customer Service.
The Seller reserves the right not to validate a Buyer's order for any legitimate reason, in particular in the event that:
- it would not comply with this Agreement;
- one of its previous orders would not have been paid in full when due;
- a dispute relating to the payment of one of its previous orders is being processed;
- several serious and concordant elements would bring a suspicion of fraud to bear on the order.

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2.3: Modification of the order The terms of the orders sent to the Seller are irrevocable for the Buyer, unless we accept them in writing. In this case, the Seller will not be required to respect the deadlines initially agreed.
To avoid significant handling costs and administrative costs, our goods are neither taken back nor exchanged. Nevertheless if it should be necessary, within 1 month from the date of delivery. The Buyer will then be liable for handling and administrative costs.

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Article 3: Price - Payment

3.1 The price is due when the order is placed.

The Seller provides the Customer with the following means of payment:

 – by credit card: Visa, MasterCard, American Express, other credit cards

The debit of the Customer's bank card will take place at the time of confirmation of the payment transaction carried out by the Customer in the secure payment environment integrated into the Site by the Seller's financial partner.

The Customer therefore authorizes his bank in advance to debit his bank card in view of the records or statements transmitted via said secure environment, even in the absence of invoices signed by the hand of the holder of the bank card.

In the event that, for any reason whatsoever (objection, refusal of the issuing centre, etc.), the debit of the sums owed by the Customer proves impossible, the purchase process on the Site will be cancelled.

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3.2 Price The prices appearing in the catalog are inclusive of VAT in euros, excluding any customs duties applicable on the day of the order; any change in the rate may be passed on to the price of the items offered by the Seller. The Seller reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the Buyer.
The prices are indicated excluding any delivery, shipping and customs costs. Shipping costs and any customs fees depend on the nature and quantity of the products ordered: Shipping costs are indicated to the Buyer if possible before the final validation of the order. Customs charges will be borne by the Buyer.

 

Article 4: Delivery
4.1: Delivery times
Our delivery times are given as an indication, these depending in particular on the availability of the goods and the order of arrival of the orders.
Delays in delivery cannot give rise to any penalty or compensation, nor justify the cancellation of the order.
If, however, 1 month after the indicative date of expected delivery, the goods had not been delivered, for any reason other than a case of force majeure, the sale may then be canceled as of right at the request of one or the other party, by simple mail to the head office. 
In any case, the Seller incurs no liability in the event of non-execution or delay in the execution of one of its obligations by the carrier if this results from an event beyond its control and which is beyond his control.

4.2: Terms of delivery Delivery is made by a carrier approved by the Seller. The goods always travel at the Buyer's risk and peril regardless of the means of transport used or the methods of payment of the transport price. The transport itself carried out by us is always deemed to be by order and on behalf of the Buyer. The price of transport does not include any insurance of any type. As part of a direct delivery, the delivery will be subject to the issuance of a delivery note with the signature of both parties. In fact, reception is the responsibility of the Buyer, he must check the goods and note on the carrier's receipt slip all the observations noted (breakage, torn boxes, etc.). 

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4.3: Claims upon receipt All claims for damage or non-conformity must be made to the Seller and the carrier by registered letter within 3 days from the date of delivery. Attention: the simple mention "subject to unpacking" has no value and does not cover any damage found later. The reservation expressed in writing must be precise and detailed concerning the apparent damage.

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Article 5: Right of withdrawal
In accordance with the provisions of Articles L.121-21 et seq. of the Consumer Code, non-professional individuals placing an order "off-premises" have a period of fourteen clear days running from receipt of the items ordered for exercise their right of withdrawal without having to justify any reason, nor to pay penalties, with the exception of the return costs which remain their responsibility. The transport of the products thus returned is their responsibility; any damage suffered by the products on this occasion being of such a nature, as recalled below, to defeat the exercise of the right of withdrawal.
However, in accordance with the provisions of Article L.121-21-8 3° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized, which is the case of the items in the Sale.

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Article 6: Return of goods
As an exception to the provisions applicable to the right of withdrawal, any return of goods must be the subject of a written agreement between the Seller and the Buyer.
Any goods returned without this agreement will be held at the disposal of the Buyer and will not give rise to establishment or to a credit note or to the reimbursement of the said sum.
The costs and risks of return are always borne by the Buyer.
Any accepted return will result, after verification of the returned products at the Seller's choice, either:
• the establishment of a credit note for the benefit of the Buyer
• replacement of goods
• reimbursement of the said sum.

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Article 7: Warranties
7.1: Legal guarantees 9.1.1: Legal guarantee of conformity (article L211-4 and following of the Consumer Code)
As part of the legal guarantee of conformity, the seller undertakes:
- either to replace the member's product or service with an identical product or service depending on available stocks,
- either to exchange a product or service for a product or service of equivalent quality and price depending on available stocks,
- or to reimburse the price of the product or service ordered within 30 days of the Purchaser's request if the replacement of an identical or equivalent product or service proves impossible.
7.1.2 Guarantee against hidden defects (article 1641 and following of the Civil Code).
Within the framework of the warranty against defects in the thing sold, the manufacturer, according to the Buyer's choice, undertakes, after evaluation of the defect:
- either to reimburse the full price of the product returned to the Seller,
- or to reimburse part of the price of the product if the Buyer decides to keep it.
For any request concerning the legal guarantees, the Buyer must then contact the Customer Relations Department of the Seller. These provisions are not exclusive of the right of withdrawal defined in article 5 above.

7.2. Exclusion of warranties Products or services modified, repaired, integrated or added by the Buyer or any other person not authorized by the supplier of said product or service are excluded from warranty. The warranty does not cover products damaged during transport or misuse or non-compliance with the safety instructions or the user manual.

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Article 8: Force Majeure
The occurrence of a case of force majeure has the effect of suspending the performance of the Seller's contractual obligations. Is a case of force majeure, any event beyond the control of our company and hindering its normal operation at the stage of manufacture or shipment of goods. In particular, constitute cases of force majeure, total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors or carriers as well as the interruption of transport, the supply of energy, raw materials or spare parts.

Section 9: Archiving
The Seller will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The Seller's computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 10: Applicable law and attribution of jurisdiction
Disputes between the Seller and the Buyer, whatever their nature, do not give the Buyer the right to suspend payments. This contract is governed by French law. In case of disputes, the parties undertake to do everything possible to settle their differences amicably. In the event of a dispute, jurisdiction is assigned to the competent court within the jurisdiction of the TGI   only competent whatever the nature, cause or place of the dispute, and whatever the conditions may be. sales specials, even in the event of warranty claims or multiple defendants. In the event that one or more clauses hereof become null and void for any reason whatsoever, this cannot in any way affect the validity of the other clauses, which would remain applicable.

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