GENERAL TERMS AND CONDITIONS OF SALES
Applicable from May 1st 2022
These General Terms and Conditions of Sale (“GTC”) are concluded by and between, on the one hand, XPERIENCE SAS, with a share capital of 5 000 euros, registered with the Registre du Commerce et des Sociétés of Melun (France) under number 877 655 134, whose registered office is at 65 rue Claude Bernard, 77 550 Moissy Cramayel, (“XPERIENCE”), and on the other hand, any natural making a purchase via its dacia- eshop.com (“Website”) or by any other means (“Buyer”) XPERIENCE has all the rights necessary for the marketing and distribution of DACIA products on the Website. Any sale to legal persons is excluded. The Buyer declares to be of legal age or hold parental permission, and to have the legal capacity to enter into contracts, allowing him or her to place an order on the Websites or by any other available means. For any questions regarding an online or in-store purchase, the XPERIENCE Customer Relations Centre (“Customer Service”) can be reached: - in writing by email to firstname.lastname@example.org. The parties agree that their relationship will be governed exclusively by these GTC which are available on the Websites. These GTC are subject to change. Therefore, the GTC’s applicable are those in force on the Websites on the purchase date.
1.1 The order validation implies acceptance without restriction or condition of these GTC.
1.2 The purchase is complete once the order is received by our services. The Buyer receives an acknowledgement of receipt as confirmation of the order which will be sent by email.
1.3 Pursuant to article L. 122-1 of the French Consumer Code, XPERIENCE may refuse the order if it is abnormal, made in bad faith or for any other legitimate reason, including without limitation, in case of a claim or dispute with the Buyer regarding the payment a previous order.
2.1 The sales prices of the products are the prices indicated on the Websites on the purchase date.
2.2 The prices indicated on the Websites or on the commercial material are quoted Ex-works and are subject to change without prior notice. XPERIENCE shall not be held liable for such change.
2.3 Prices are expressed in euros tax included (“VAT”), excluding shipping costs. XPERIENCE reserves the right to modify them in case of a change in the VAT rate, an error in relation to the price, the product or the discount.
III. PRODUCTS MODIFICATIONS
3.1 The visuals, technical specifications and photos displayed in our commercial documentation and Websites are not binding and are given for illustrative purposes only. They are subject to change without prior notice.
3.2 The deletion or modification made by XPERIENCE’s suppliers to products ordered by the Buyer allows XPERIENCE to cancel the order placed by a Buyer without the Buyer’s consent, unless such Buyer agrees to modify the order..
4.1 Upon arrival at the place of destination, it is the Buyer’s responsibility to check the condition of the products before taking possession of them. We strongly recommend checking the condition of the goods in the presence of the carrier, in order to ensure that the products are not damaged. In the event of a defect (such as damaged packaging, or missing, damaged or broken products), the Buyer shall:
• accurately note on the package’s delivery receipt the state of the package;
• co-sign the reserves expressed on the receipt with the carrier; and
• notify the event to XPERIENCE by any means within a period of 3 (three) calendar days.
V. DELIVERY TIME
5.1 The Buyer selects one of the delivery modes proposed on the Websites in the course of the ordering process. The Buyer shall be the sole responsible in case of a failure to deliver due to an error in the address of delivery.
5.2 For private buyers, XPERIENCE commits, in accordance with applicable regulations, to deliver the products within 2 (two) months from the date of order, subject to due completion by our provider of the ordered products by our supplier. The Buyer receives confirmation of the dispatch of the order by email. Delivery terms are expressed in working days.
5.3 If case delivery time exceeds 2 (two) months, the Buyer may request the cancellation of the order and claim reimbursement by contacting and sending an unambiguous statement to the Customer Service.
5.4 Delivery costs depend on the amount of the order and the delivery mode chosen by the Buyer. Delivery costs are indicated to the Buyer before the order confirmation.
5.5 For professional buyers, XPERIENCE undertakes, in accordance with the regulations in force, to deliver the item within the deadlines indicated when the order is taken. The Buyer receives confirmation of the dispatch of the order by email. Delivery terms are expressed in working days.
6.1 Pursuant article L. 221-18 of the French Consumer Code, any Buyer acting as a consumer, as defined under such Code (“Consumer”), in a distance or off premises contract, shall have a period of 14 (fourteen) calendar days from the date of delivery of the ordered products to exercise his or her withdrawal right and return the products in their original condition to XPERIENCE. The Buyer shall send a unequivocal notification to Customer Service. Return fees shall be borne by the Buyer.
6.2 The Buyer may within 30 (thirty) calendar days from delivery date return any ordered products in their original condition to XPERIENCE for an refund on the condition that the returned product is in good condition, not damaged and remains in its original packaging by performing a return request in the "My account" section on the Website. Beyond this period, no products shall be refunded. On a commercial basis, XPERIENCE may bear the return shipping costs for any products returned from Metropolitan France and Corsica and not exceeding 30 (thirty) kilos, to the exclusion of oversized and/or out of gauge products.
6.3 Nonetheless, products which are not in stock and are the result of a specific order and/or are custom made cannot be returned.
6.4 However, in a desire to reduce the ecological impact, no one-size product will be taken back.
6.5 The Buyer must obtain a return merchandise authorization number from Customer Service before returning any product. The top portion of the return form (‘bon de retour’) must be visible on the exterior of your return parcel, and the bottom portion must be included within the parcel. XPERIENCE unfortunately cannot accept products that are returned without a return merchandise authorization number. These products will not be reimbursed and will be available for pick up from our warehouse.
6.6 If the product is not returned in its original condition with its packaging, XPERIENCE reserves the right to retain a minimum of 20% of the price of said products for storage, packing or/and reconditioning.
7.1 XPERIENCE ensures legal warranty against hidden defects under the conditions established under article 1641 and al. of the French Civil Code and warranty of conformity under the conditions established by the article L217-4 and al. of the French Consumer Code.
7.2 The Buyer has a period of 2 (two) years from the date of discovery of the hidden defect to commence legal proceedings on such ground in order to obtain the cancellation of the order or a purchase price reduction.
7.3 The Consumer has a period of 2 (two) years from the date where the product is issued, to commence legal proceedings on the grounds of product conformity guarantee. The Consumer may request either the repair or the replacement of the product subject to the cost conditions established in article L217-9 of the French Consumer Code.
7.4 In order to benefit these guarantees, the Buyer shall contact and send an unambiguous statement about his/her will to cancel the order Customer Service.
VIII. PAYMENTS AND DUE DATES
8.1 Available products sold by XPERIENCE are payable in cash at the time of the order.
8.2 Means of payment accepted are credit card and wire transfert. 8.3 Orders are shipped once payment is cleared.
8.4 Any amount paid by the Buyer at the time of order shall be considered by the parties as a deposit.
8.5 In the hypothetical situation where the company would exceptionally grant specific payment terms to the Buyer, the products should be subject to repossession until full payment of the price, costs and accessories. In the event of non-payment by one of the agreed deadlines, XPERIENCE may apply the resolutive condition. This resolutive condition does not affect the transfer of the risks to the Buyer’s.
8.6 In case of late payment, the Buyer shall be charged interests calculated on the basis of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 (ten) percentage points.
8.7 Special terms and conditions of payment agreed between the parties, shall become null and void in the event of a delay in payment, may it be partial.
8.8 In order to secure the Buyer’s means of payment, XPERIENCE may request all supporting documents (regarding the identity and/or residence and/or means of payment used) or require a payment by wire transfer. The failure or refusal to send the requested supporting documents or to pay by wire transfer may lead XPERIENCE to refuse the Buyer’s order. Any delay in sending the requested supporting documents or the wire transfer receipt to XPERIENCE may delay the transportation and delivery of the ordered items..
IX. RETENTION OF PROPERTY CLAUSE
Under French Law n°80.335 dated 12 May 1980, XPERIENCE reserves title to the goods and products until full payment of its price and accessories. In the event of failure to pay all or part of the price on the due date for any reason whatsoever, XPERIENCE reserves the right, without prior formalities, to materially recover possession of these products or goods at the Buyer’s expense and risk.
X. INTELLECTUAL PROPERTY
All trademarks, figurative or not, and more generally any and all trademarks, illustrations, images and logotypes appearing on the products, their accessories and packaging, whether registered or not shall remain the exclusive property of the Renault SAS for it brand DACIA (“DACIA”) and XPERIENCE. Any reproduction, modification or use of the trademarks, illustrations, images and logotypes, in whole or in part, in any form or on any medium whatsoever, without the prior written consent of the DACIA and XPERIENCE is strictly prohibited. The same applies to any combination or conjunction with any other trademark, illustration, image, symbol and/or logotype and more generally any distinctive mark intended to form a logo composite as well as any copyright, design, model and patent which are the property of DACIA and XPERIENCE.
XI. PERSONAL DATA
As personal data controller, XPERIENCE can collect personal data. In accordance with the French Freedom and Information Law of 6 January 1978 and the EU Regulation n°2016/679, the Buyer shall have a right to access, rectify and oppose his or her personal data. To exercise this right, the Buyer shall send a written request stating his/her name and address to the Customer Service. XPERIENCE invites you to refer to the Charter of persona data protection available on the Website.
XII. ACT OF GOD AND FORCE MAJEURE
12.1 XPERIENCE’s obligations shall be suspended in the event of an Act of God or Force Majeure event, such as defined under French Law and caselaw, which would impede or delay the performance thereof. In this case, XPERIENCE shall not be held liable and the Buyer shall not be entitled to any damages whatsoever.
12.2 XPERIENCE shall promptly inform the Buyer of the existence of an Act of God or Force Majeure event.
12.3 If XPERIENCE’s obligations are suspended for more than 4 (four) consecutive months, the Buyer shall have the possibility to cancel the order and XPERIENCE shall reimburse such order.
XIII. GOVERNING LAW AND COMPETENT JURISDICTION
13.1 Any dispute relating to or arising out of these General Terms and Conditions of Sale shall be submitted to French law to the exclusion of any conflict of laws rules and the 1980 Vienna Convention on International Sales of Goods.
13.2 In accordance with article L. 211-3 and L616-1 of the French Consumer Code, for any claim failing amicable agreement and after having sent a written complaint to XPERIENCE, any Buyer acting as a consumer such as defined under the French Consumer Code, may take part in consumer mediation proceedings. An up-to-date list of mediators will be provided by Customer Service.
13.3 The European Commission set up a dispute resolution platform in order to record claims from European consumers related to a purchase online and send them to the competent national mediators. This platform is available on this weblink.
13.4 In case of discrepancy between the French and the English versions of the GTC, the French version shall prevail.