General terms and conditions
GENERALITIES
These General Terms and Conditions of Sale (hereinafter referred to as the ‘GTC’) apply to any purchase made by an internet user / natural or legal person (hereinafter referred to as the ‘CLIENT’) on our website HTTPS://WWW.MOTION-ENGINEERING.FR (hereinafter referred to as the ‘SITE’), as well as to all orders placed by telephone, email, or postal mail.
These General Terms and Conditions of Sale are issued by:
the company ‘MOTION SAS,’ a Simplified Joint Stock Company, with a share capital of 96,718 euros, whose registered office is located at 113 Impasse de Chavanne in ARNAS (69), registered with the Trade and Companies Register of Villefranche-Tarare under number 880 729 959.
The general terms of sale described below detail the rights and obligations of the company MOTION in the context of the sale or pre-sale of the following goods: Suspension La City, La City 20 inches, pulled blade.
In accordance with Article L 441-6 of the Commercial Code, the General Terms and Conditions of Sale (GTC) of the seller, which include its sales and payment terms, its price schedule, legally constitute the ‘sole basis of commercial negotiation.’
These general terms of sale are those in force on the date of ordering the products and apply to all sales made by MOTION, whether the buyer is located in France or abroad.
Any acceptance of the quote / purchase order or Any order placed on the SITE implies the CLIENT’s unconditional acceptance of these general terms and conditions of sale. The CLIENT agrees to carefully read these GTC and accept them before proceeding with the payment of an order placed on the SITE.
These GTC are referenced at the bottom of the SITE page and must be consulted before placing the order.
The SELLER reserves the right to adapt or modify the GTC at any time.
PRICES
The applicable price is the one in effect on the day the order is placed, based on the rates communicated to the customer, taking into account the applicable VAT on the day of the order; any change in the rate may be reflected in the price of the products.
Unless otherwise agreed, our prices are understood under the following conditions:
Delivery EXW Motion Engineering ARNAS (FR), in standard packaging Shipment by FedEx, DPD, TNT, Chronopost, Colissimo or Mondial Relay All rights, taxes, and any inspection fees are the responsibility of the customer The order validated by the CUSTOMER will only be considered effective when the payment is received by the SELLER.
The seller reserves the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of order registration.
DELIVERY
The delivery time is indicated to the customer before placing the order as well as prior to its final validation. The delivery time will be confirmed in the order confirmation email sent to the customer.
If the goods cannot be delivered or if they cannot be delivered on time, we will inform the customer without delay. In case of delivery delay, we will agree with the customer on a new delivery time. If the goods are not available from our suppliers within a reasonable time frame and thus prevent any delivery within reasonable deadlines, we are authorized to terminate the sales contract.
Delivery costs are the responsibility of the customer and are indicated to them during the ordering process.
In case of withdrawal, the regular costs of return are borne by the customer.
TERMS AND CONDITIONS OF PAYMENT
Unless otherwise specified, payment is made by bank transfer according to the following terms:
100% upon order.
RETENTION OF OWNERSHIP
In accordance with Article L.221-18 of the Consumer Code, the CUSTOMER has a period of fourteen days from the date of receipt of the order to exercise their right of withdrawal, without having to justify their decision or incur any costs other than those provided for in Articles L. 221-23 to L. 221-25.
This period applies in any country where the right of withdrawal is less than or equal to 14 days. For other cases, the legal deadline of the country to which the product will be sent applies.
To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement to the email address: contact@motion-engineering.fr.
The refund will be made within 14 days following the receipt of the goods and automatically to the account associated with the payment method initially used by the CUSTOMER.
Return costs are borne by the CUSTOMER.
WARRANTY
Our products are guaranteed for one year (two years in EU countries).
Our warranty is limited to the replacement or repair (at Motion Engineering’s discretion) of parts proven to be defective by our Technical Service, provided that:
– The equipment has been installed, operated, and maintained according to our specifications and recommendations.
– No modifications have been made to the equipment by the Customer without prior written consent from Motion Engineering.
– Deterioration and/or abnormal wear are not the result of faulty installation, chemical, environmental, atmospheric, electrical, or other influences not attributable to Motion Engineering.
This limited warranty does not apply to normal wear and tear, deformations, or failures resulting from improper use, lack of maintenance, incorrect assembly, modifications or alterations, unauthorized or improper repairs or maintenance, collisions, accidents, falls, or any other abnormal, excessive, or inappropriate use. Each Motion product is designed for a specific practice and must be used under the conditions of that practice and not another. Wear parts are not covered by our warranty. The warranty is automatically voided in case of modification to the installation without the written consent of Motion Engineering.
The warranty is only effective if the customer is up to date with their payments.
TRANSFER OF OWNERSHIP
The transfer of ownership of the goods delivered by us is delayed until full payment of the sales price (including VAT and shipping costs) of the respective goods
Intellectual Property
The quotations, studies, plans, and documents of any kind provided or sent to the customer remain the property of the seller. The drawings, illustrations, images, photographs, and more generally all representations of the products for sale, are purely figurative and not contractual in nature.
PLACE OF JURISDICTION AND APPLICABLE LAW
These General Conditions as well as the relationship between the CUSTOMER and the SELLER are governed by French law.
In the event of a dispute, only the French courts shall have jurisdiction.
However, prior to any resort to arbitration or state courts, negotiation will be privileged in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any conflict relating to this contract, including its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, at the end of a period of fifteen (15) days, the parties fail to reach an agreement, the dispute will be submitted to the competent jurisdiction.
