Terms and conditions

Article 1: Application of conditions

The seller is defined below as SAS Archabé. The buyer is defined below as being the company or the person signing and accepting these conditions of sale. The general conditions of sale apply exclusively to all sales concluded by SAS Archabé.
The information given on catalogs, price lists, websites, notes, etc … are given only as an indication and can, as such, be modified by the seller without notice. The mere fact of placing an order or accepting an offer from the seller constitutes unreserved acceptance of these general conditions. These general conditions may be modified at any time and without notice by SAS Archabé, the modifications then being applicable to all subsequent orders.

Article 2: Orders

In the context of orders made on the greenbird-racing.com website and on any other SAS Archabé website, orders are effective from the date of debit from the buyer’s account for bank cards.

Any offer to sell is subject to available stocks. Any clause emanating from the buyer, not accepted in writing by the seller which would be in opposition to these general conditions or particularities defined in the price offer will be considered as void. No unilateral order cancellation will be accepted without the agreement of SAS Archabé.

Article 3: Price

The seller’s price list does not constitute a sale. It can be modified unilaterally without prior notice.

Unless otherwise stated, all prices are net in euros including all taxes, packaging, transport and freight insurance costs not included, departure from the seller’s warehouse.

Article 4: Delivery – Transport

Whatever the mode of delivery, the risks and dangers of transport (loss, damage or theft) are the responsibility of the seller, provided that the buyer has checked the goods on arrival and has exercised, if there is took place, its recourse against the carrier within 48 hours, even in the event of postage-paid shipping. In all cases, delivery is made either by direct delivery to the buyer, or by notice of availability, or by delivery of the goods to a carrier (Coliposte, Chronopost, DHL, UPS, etc.).

In the event of a lost package during transport, the investigation times may vary between carriers and take from one to six weeks.

The seller is authorized to make partial deliveries. Any partial delivery accepted by the buyer is subject to invoicing upon delivery. By express agreement, in the event of force majeure or events such as lock-out, strike, total or partial stoppage of work in the seller’s factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller is released from all responsibilities upon delivery. The seller will keep the buyer informed in a timely manner of the cases and events listed above. In all cases, delivery on time can only take place if the buyer is up to date with his obligations towards the seller, whatever the cause.

The products can be delivered to the following countries: European countries + Canada, United States, French Guiana, Japan, Jersey, Luembourg, Madagascar, Monaco, Singapore, Switzerland

Article 5: Complaints and after sales service

Regarding articles made to order and personalized, the provisions of Article L. 221-28, 3 ° of the Consumer Code apply and deprive the customer of his 14-day withdrawal period and return personalized goods.

Returns or exchanges only concern products with a manufacturing or delivery problem and not customer order error problems.

Upon receipt of the goods, the buyer must immediately check their condition and their conformity with the contract. If the package is too damaged, the buyer must refuse it. Labels stuck on all parts are essential for the warranty. The packaging must be kept in perfect condition. Otherwise, the buyer cannot benefit from his right to complain.

This is also the case when the buyer makes no reservations during the delivery of the goods. All complaints relating to a defect in the delivered goods, an inaccuracy in the quantities or their incorrect reference in relation to the accepted offer or the confirmation of the order by the seller, must be formulated in writing by registered mail within a period of time. 48 hours from receipt of the goods, without neglecting recourse against the carrier, failing which the right to complain will cease to be acquired. The buyer must allow the seller to perform all on-site verification operations relating to complaints.

Any return of merchandise requires the prior agreement of the seller and a return number by sending an email to the contact section: the buyer will receive a return agreement by email. It is necessary on this occasion that the purchaser gives his precise coordinates and provides the designation of the element or elements concerned, the observed failure and the invoice number corresponding to the described parts. After obtaining the return agreement, the buyer has 14 days to return the defective goods to the seller. For defective parts, the buyer can obtain the standard exchange of his merchandise during the first month following the purchase – in the case of non-specific products and subject to availability in stock. The buyer then sends to the seller the element which seems to him to be defective, at the expense of the seller within a period of one month after the date of order.

This return is reimbursed on the basis of the price of a return by postage-paid parcel from the Post Office, by purchase voucher, valid for 6 months from the date of issue. Then the return costs are the responsibility of the buyer. This is only valid within the framework of the guarantee: any other return of equipment (part (s) incompatible with other equipment, retraction 14 days for example) does not give the right to a purchase voucher. When returning, the buyer will include the words “After Sales Service”, the return number communicated to him by the seller, directly on the package and he will also provide a copy of the invoice. Otherwise, the returned package will be refused. In the absence of agreement, any returned merchandise will be made available to the purchaser at its own expense and risk, all transport, storage and handling costs being the responsibility of the purchaser.

Article 6: Right of withdrawal for individuals

Not applicable: products made to order only.

Article 7: Tax refund and export

The prices displayed on the greenbird-racing.com site are inclusive of all taxes (TTC). Residents of the European Union cannot benefit from any exemption from French VAT. If you are a non-French company from the European Union subject to VAT, you must send us a written request clearly indicating the name of your company and the Intracommunity number. If necessary, we will send you an invoice made out in the name of your company excluding VAT, together with the reimbursement of VAT. If you are residents outside the European Union and DOM / TOM, VAT exemption is automatically and automatically acquired. You do not have to take any special steps. Entering your delivery address when confirming your order will result in exemption from VAT.

This exemption will appear clearly on the last validation step of your order. Your invoice will thus be established excluding Tax (HT) and the requested payment will correspond to the amount of your order excluding VAT. Orders outside the European Union (Switzerland, rest of Europe outside the EU, Dom Tom, rest of the world) may be subject to customs duties. These orders may also be subject to the local VAT of the country concerned. For any information on this subject, you can check with the customs service of the countries concerned. The seller can in no way be held responsible for these customs and VAT charges. To date, however, only sales in mainland France are authorized by the seller.

Article 8: Guarantee

The only possible guarantee is following a faulty workmanship it only includes the return of an identical product without defect.

Article 9: Retention of title

In application of the law of May 12, 1980, the transfer of ownership of the goods delivered to the buyer will only take place after full payment of the price in principal and accessory or the receipt of accepted drafts or other securities issued for the purposes. settlement of the price. During the period from the delivery to the transfer of ownership, the risks of loss, theft or destruction are the responsibility of the buyer. The non-performance by the buyer of his payment obligations, for any reason whatsoever, gives the seller the right to demand the immediate return of the goods delivered at the buyer’s expense, risk and peril. The buyer undertakes, in the event of a judicial reorganization procedure affecting his company, to actively participate in the establishment of an inventory of the goods in his stocks and of which the seller claims ownership.

Otherwise, the seller has the option of having the inventory recorded by a bailiff at the buyer’s expense. The seller may prohibit the buyer from reselling, transforming or incorporating the goods in the event of late payment. To guarantee payments not yet made and in particular the balance of the buyer’s account in the seller’s records, it is expressly stipulated that the rights relating to the goods delivered but unpaid will refer to the identical goods from the seller in stock at the buyer, without the need to charge payments against a specific sale or delivery.

Article 10: Termination clause

In the event of non-compliance with one of the buyer’s obligations by the latter, the sale will be terminated automatically and the goods will be returned to the seller if he sees fit, without prejudice to any damages that the seller could assert with regard to the purchaser, within a period of 48 hours after the formal notice remains without effect. In this case, the seller is authorized to claim from the buyer a lump sum compensation of 15% of the amount of the sale.

Article 11: payment

Payments must be made in such a way that the seller can dispose of the sums on the due date. Unless expressly written special conditions or specific conditions granted to business customers after studying their file, payments must be made with credit card or paypal when ordering. The seller reserves the right to request a cashier’s check from the buyer in the event that the sums involved are significant. The seller may withhold delivery of the goods concerned until the warranty has been provided. Any payment after the fixed payment date may give rise to the invoicing of penalties without any prior notice from the purchaser being necessary.

The amount of these penalties would be at least equivalent to that which would result from the application of a rate equal to 1.5 times the legal interest rate in force on the day of application of the penalties, without this clause not being excluded from additional damages. The purchaser can never, on the grounds of a complaint formulated by him, withhold all or part of the sums due by him, nor to operate a compensation. When the buyer is in arrears of total or partial payment by a due date, the seller may by this sole fact and without the need for a prior notice, immediately suspend deliveries, without the The buyer cannot claim damages from the seller. In the event of a contentious appeal, the seller is entitled to claim from the buyer reimbursement of costs of any kind related to the prosecution. For all payments made on the website, the seller reserves the right to accept the sale to ask the buyer to justify his identity and place of residence.

Article 12: Jurisdiction clause

Any dispute relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement, will be submitted to the jurisdiction of the Commercial Court of Lyon in the jurisdiction of which the registered office is located. of the seller, whatever the conditions of sale and the method of payment accepted, even in the event of a guarantee call or multiple defendants, the seller reserving the right to appeal to the territorially competent court to which the seat of the buyer falls. . The present contract is regulated by French law. The application of the Vienna Convention on the International Allocation of Goods is expressly excluded. Last revised: March 22, 2012