ARTICLE 1 – PURPOSE
The company TeslaPimp, a limited liability company, with a capital of €100, registered with the Strasbourg Trade and Companies Register under number RCS 913 190 955 whose registered office is located at:
8 place du Marché Neuf, 67000 strasbourg, FRANCE
Whose trade name is: TeslaPimp
Hereinafter referred to as the ” Seller “,
On the one hand,
And the natural or legal person, having the capacity to contract, wishing to make a purchase of one or more items, marketed on the website accessible from the URL address https://enjoliveurtesla.com/.
Moreover
Hereinafter referred to as the ” Customer “.
Hereinafter referred to together as “the Parties ” or individually as ” the Party “.
In accordance with the provisions of Article L 113-3 of the Consumer Code, these general conditions of sale are brought to the attention of the Customer when placing the order. Any order implies full acceptance of these general conditions of sale which are fully enforceable against the Customer.
These GTC are accessible at any time on the website of the Company TESLAPIMP at the following address https://www.enjoliveurtesla.com/terms-of-service/.
These General Terms and Conditions of Sale (GTC) describe the terms and conditions of distance selling of products, carried out through the website of the Company TeslaPimp and define the obligations and rights of the parties in this respect. They are an integral part of the contract between the Customer and the Seller.
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GTC applicable to the Customer’s purchase are those in force on the date of payment (or the first payment in case of multiple payments) of the order. Changes to the GTC are enforceable against users of the website from the time they are put online and cannot apply to transactions concluded previously.
ARTICLE 2 – CHARACTERISTICS OF THE PRODUCTS
The products sold by TESLAPIMP are those listed on the website https://www.enjoliveurtesla.com/ on the day of its consultation by the client.
Each product is the subject of a precise description, allowing the Customer to know the main characteristics, including photography, price, dimensions, product capacities, and available colors.
The choice and purchase of a product is the sole responsibility of the Customer. The Customer is required to refer to the description of each product in order to know the properties, the essential particularities and the delivery times.
The photographs and graphics of the products on the website are not contractual and may include minimal differences between the product and the illustration, depending on the color resolution of the Customer’s computer screen.
TESLAPIMP undertakes to deliver products that comply with legal and regulatory safety and health requirements.
In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, display or any other appropriate process, of the prices and special conditions of the sale before any conclusion of the sales contract.
In any case, the total amount owed by the Customer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one does not include the shipping costs invoiced in addition. These possible costs are indicated to the Customer during the sales process, and in any case at the time of confirmation of the order.
ARTICLE 3 – CONCLUSION OF THE ONLINE CONTRACT
The Customer can order on the website https://www.enjoliveurtesla.com/ which is carried out when ordering.
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place his order.
Thus, the Customer will have information on the essential characteristics of the Product, the choice of the Product, and if necessary, its options.
He will indicate his essential contact details (identification, email, address …); and will accept these General Terms and Conditions of Sale by ticking the box provided for this purpose.
Before proceeding with its confirmation, the Customer has the opportunity to identify any errors made in the data entry and to correct them, or to cancel his order. It is his responsibility to verify the accuracy of the order and to report and / or rectify immediately any error.
The confirmation of the order by the Customer will entail registration of it by the Seller. The instructions for payment and payment of the products are then followed. Any order will only be taken into consideration after acceptance of the payment.
After these steps, the Customer is sent by e-mail confirmation that the order has been taken into account by the Seller, which will however only be validated and processed subject to the related payment.
Once confirmed and accepted by the Seller, under the conditions described above, the order is not modifiable or cancellable, except in the case of the exercise of the right of withdrawal or force majeure.
In the absence of confirmation of the order by the Seller, each of the parties is released from its obligations. The Customer’s bank account is not debited. If the order relates to several products, only the sale of products whose order has not been accepted by the Seller is not formed.
In case of non-receipt of the confirmation, the Customer must check the SPAM and his email address.
The language proposed for the conclusion of the contract is the French language.
The Seller undertakes to honor orders received within the limits of available stocks.
In the absence of availability of the article, the Customer will be informed as soon as possible and will have the possibility to cancel his order and to be refunded, it being specified, however, that for any cancellation of an article specific to a vehicle and / or made to order, a reduction will be expected.
In case of definitive stock shortage, TESLAPIMP may either cancel the order and refund the customer the sums he has paid, or replace the unavailable item by another, of similar characteristics and equivalent or superior quality, at a price equal or lower.
The Seller reserves the right to refuse the order of any Customer, for example for any abnormal request, made in bad faith or for any legitimate reason, such as the absence of total or partial payment of a previous order or with which a payment dispute would be in progress.
The professional and commercial rules to which the offeror intends to submit are available in the “GTC” section of these GTC, available on the Seller’s website at the following address: https://www.enjoliveurtesla.com/terms-of-service/.
The archiving of communications, the order, the details of the order, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
ARTICLE 4 – PRICES
The products are supplied at the prices freely set by the Seller appearing on the product description sheet.
The Seller reserves the right to modify its prices at any time. The products ordered are invoiced at the rates in force at the time of registration of the order, subject to the availability of the products.
The prices indicated on the product sheets are expressed in Euros, and include all taxes, excluding delivery costs, which are the responsibility of the customer.
The total price indicated in the order confirmation includes the price of the products, handling costs and shipping costs (excluding any customs fees for delivery outside the France). An invoice is drawn up by the Seller and given to the Customer upon delivery of the products ordered.
Any change in the applicable legal rate of VAT will be automatically reflected in the prices of the items, on the date provided for by the implementing decree.
All prices are subject to obvious typographical errors.
The prices of the products for the DOM-TOM, Switzerland, and other countries outside the EU are indicated excluding taxes.
Orders placed on the website https://www.enjoliveurtesla.com, intended for Outside metropolitan France are tax-free and will be subject to taxes and customs duties. The Customer is required to inform himself of any customs duties and possible costs applicable to his situation in the event of an order. These customs duties and costs are the sole responsibility of the Customer.
ARTICLE 5 – TERMS OF PAYMENT
Full payment must be made when ordering. At no time can the sums paid be considered as deposits or deposits.
The payment of the order is made:
– By credit card
The customer will indicate the number on the front of his card, the expiry date of his card, the cryptogram on the back of his card (last 3 digits) and the name of the cardholder. The communication by the customer of his credit card number is authorization for the Company TESLAPIMP to debit his account for the amount of the items ordered. Transactions made on the website https://www.enjoliveurtesla.com are protected by the universal SSL (Secure Socket Layer) encryption system. The customer’s banking data are only known to the banking institution in partnership with TeslaPimp and do not pass through the site’s web server: https://www.enjoliveurtesla.com.
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
– By bank transfer.
It is only upon receipt of the transfer, that the order will be final and processed by the Seller. The deadline for receipt of payment is 4 to 5 days depending on the banks.
Under the law n ° 78-17 Informatique et Libertés of January 6, 1978, the Customer has a right of access, rectification and opposition, at any time on all of his personal data by formulating a written request to the Company FIA NET SA – Service Informatique et Libertés – Processing n ° 773061 and n ° 1080905 – 15, rue du Faubourg Montmartre, 75009 PARIS.
ARTICLE 6 – DELIVERY TERMS
- a) Delivery methods
The Customer is informed and accepts that the Seller may entrust the delivery operations to third parties of his choice.
The products ordered are sent to the delivery address indicated by the Customer when ordering, provided that it is included in the authorized delivery areas, specified in the sales offer. For the purpose of proper completion of the order, the Customer undertakes to provide his truthful identification elements.
The information provided by the Customer, when placing the order, binds the latter: in case of error in the wording of the recipient’s details, the Seller can not be held responsible for the impossibility of delivering the product, nor errors or delays in delivery, and redelivery costs.
In the event that an incorrect address is specified to us and if we have to proceed with the reshipment of the order to a new address, the cost of reshipment will be borne by the Customer, invoiced and due before the reshipment.
- b) Delivery times
TESLAPIMP undertakes to make its best efforts to deliver the products within the period indicated on the site from receipt of payment ; it being specified that this deadline is communicated as an indication.
If the products have not been delivered within eight (8) days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L.216-2 and following of the Consumer Code.
The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the termination of the contract, excluding any compensation or withholding.
Regardless of the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be realized at the time when the Customer takes physical possession of the products. The products therefore travel at the risk and peril of the Seller.
Upon delivery, the Seller obliges the Customer to record the condition of the delivered product before signing the acknowledgment of receipt of the package. If he finds anomalies, he must refuse delivery of the product or issue handwritten, precise, and dated reservations. In case of absence of the recipient during delivery, the product must be collected at the address and according to the modalities indicated by the carrier.
In case of non-withdrawal within the time limits set by the carrier, the products will be returned to the following address:
TESLAPIMP
9 place broglie 67000 strasbourg, FRANCE
In the particular case of returns of unclaimed packages, incorrect address and NPAI, TESLAPIMP will send an email to the customer when returning packages.
Without response from the customer, the package will be considered the property of TESLAPIMP within 2 (two) months following the return of the package.
- c) Lost or damaged package:
In case of delivery of a package obviously and visibly damaged, it is up to the Customer to refuse it in order to enjoy the guarantee offered by the carrier. The customer must also inform the Seller within 72 hours, so that a new package is prepared for him, then shipped upon receipt of the damaged package in return.
Similarly, the customer must refuse any incomplete package or with damaged objects excluding partial delivery (indicated by email). Indeed, in accordance with Article L133-3 of the Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of this receipt, the consignee has not notified the carrier, by registered letter, of his reasoned protest. Failing to proceed with this formality, the customer can not be compensated.
Upon delivery, damages, loss of content must be the subject of written, precise, complete, dated and signed reservations on the part of the recipient.
When a package is declared delivered by the carrier (signature on the carrier’s slip), and this delivery is confirmed by the postman (sworn agent) no claim for non-receipt can be taken into account by TESLAPIMP.
It is up to the customer to file a complaint against the signatory of the carrier’s slip with the gendarmerie, in order to be able to request a counter-investigation with the carrier by providing in this case a copy of the complaint, as well as a declaration on the honor of the recipient of the delivery (which must be in accordance with that specified in the order). It is the result of this counter-investigation by the carrier and the gendarmerie who will decide on the continuation of the file.
When your package is shipped, the site www.enjoliveurtesla.com/ sends you the tracking number of your order, it is up to the customer receiving this email to track his package, and to inform TESLAPIMP of any delivery anomaly within 72 hours after the mention “parcel delivered” appearing on the carrier’s website. After this period, no claim can be taken into account.
TESLAPIMP recalls that Art 441-7 of the Criminal Code stipulates that it is punishable by one year’s imprisonment and a fine of 15,000 euros the fact :
- To issue an attestation or certificate stating materially inaccurate facts ;
- To falsify an attestation or certificate that is originally sincere ;
- Making use of an inaccurate or falsified attestation or certificate.
The penalties are increased to three years’ imprisonment and a fine of 45,000 euros when the offence is committed with a view to harming the public treasury or the assets of others.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has the right to withdraw, within fourteen (14) days from the date of receipt of his order, without having to justify reasons or pay a penalty for exchange or refund provided that the products are returned in their original packaging and in perfect condition.
For this withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Returns must be made in their original condition and complete (packaging, accessories, instructions …) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
The right of withdrawal can be exercised by contacting the Company as follows, by email at the following address contact@enjoliveurtesla.com and by completing the following form: https://enjoliveurtesla.com/refund_returns/. Any return made without our prior agreement will be refused.
Items returned incomplete, damaged, damaged or soiled will not be taken back.
In case of withdrawal, the costs resulting from the delivery of the returned products will remain the responsibility of the Customer. Upon receipt of the products in return, the refund is made using the means of payment that the Customer used for the initial transaction, unless the Customer and the Seller expressly agree on a different means; in any case, this refund will not incur any costs for the Customer, excluding the product on order.
The products must be returned, without undue delay, and, in any case, no later than fourteen (14) days after the communication of the decision of withdrawal, to the following address:
TESLAPIMP
9 place broglie 67000 strasbourg, FRANCE
The customer will not be able to avail himself of the aforementioned guarantee in the following cases:
– The ordering and sale of goods made according to the consumer’s specifications or clearly personalized, such as vehicle-specific products (filtration, rim …)
– Articles intended for competition and electronic equipment.
– Lubricants, ampoules and aerosols.
– Products whose packaging has been damaged will receive a reduction on the value of the product and a credit note will be established.
The buyer can indicate his willingness to cancel his order by e-mail before sending it.
The right of withdrawal can be exercised by contacting the Company as follows, by email at the following address contact@enjoliveurtesla.com and by completing the following form: https://enjoliveurtesla.com/refund_returns/.
The Seller is obliged to refund the full amount of the order without undue delay and at the latest within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw.
ARTICLE 8 – GUARANTEES
The products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
– The guarantee of conformity, for products apparently defective, damaged or damaged or not corresponding to the order ;
– The legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the modalities referred to below.
As part of the legal guarantee of conformity, the Customer has a period of one year from the delivery of the good to act against the Seller. The Customer may choose between the repair or replacement of the product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code.
The Customer may decide to implement the guarantee against hidden defects in accordance with Article 1641 of the Civil Code; in this case he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller of the non-conformity of the products or the discovery of hidden defects within the deadlines referred to above, by a written complaint to the following address:
TESLAPIMP
9 place broglie 67000 strasbourg, FRANCE
*The warranty varies depending on the manufacturer, for more information contact our technicians.
For the implementation of the warranty, the Customer must return the product in the original packaging and in the state, with all accompanying documents, at his expense to the following address, attaching the original of the invoice:
TESLAPIMP
9 place broglie 67000 strasbourg, FRANCE
Upon receipt of the non-compliant product, the Seller will refund the price of the product to the Customer of all sums paid, without undue delay and at the latest within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw; it being specified that the Seller will be entitled to defer reimbursement until recovery of the products or until the consumer has provided proof of shipment of these goods, the date chosen being that of the first of these facts.
The Seller may also, instead of the aforementioned refund, return, at its expense, the product initially ordered by an identical product.
The Seller cannot be held liable in the following cases:
– Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
– In case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear and tear of the product, accident or force majeure.
ARTICLE 9 – INTELLECTUAL PROPERTY
All elements of the site https://www.enjoliveurtesla.com/ are and remain the intellectual and exclusive property of the Seller. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, on any medium whatsoever, even partially, elements of the site https://www.enjoliveurtesla.com/, visual, or text.
All texts, comments, images and photographs of products reproduced on the website https://www.enjoliveurtesla.com/, are the exclusive property of TESLAPIMP, and are subject to copyright protection.
Any reproduction, even automated of the presentation pages of the products or any other pages of the site, for commercial purposes, is prohibited.
Thus, in accordance with the provisions of the Intellectual Property Code, only the use of texts, comments and images for private use is authorized.
Any other use constitutes an act of counterfeiting. TESLAPIMP reserves the right to take legal action to guarantee its rights against all persons acting in violation of these provisions.
ARTICLE 10 – INFORMATION AND PERSONAL DATA
Under the law n ° 78-17 Informatique et Libertés of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the placing and processing of his order. This data is communicated to the Sellers in order to allow them to proceed with the execution of the contract and the shipment of orders. They may under no circumstances be used for other purposes, except with the express agreement of the Customer.
Depending on the choices made by the Customer when creating or consulting his Customer account, the Customer may receive offers from TESLAPIMP, its service providers and partners.
The Seller undertakes to ensure the security of the personal data it keeps for the purposes of carrying out and tracking orders.
The processing of information communicated through the TESLAPIMP website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition of portability and limitation of processing, on all of his personal data by formulating a request sent by mail to the Company TESLAPIMP 9 place broglie 67000 strasbourg, FRANCE.
The Customer may at any time make a request to modify the choices made, either by accessing the “my account ” section on the website. https://www.enjoliveurtesla.com/ or by making a request by email to the address contact@enjoliveurtesla.com.
ARTICLE 11 – LIABILITY
The products offered on the www.enjoliveurtesla.com site are adaptable products and not original. It is the customer’s responsibility to check with the local authorities the possibilities of importing or using the products or services he intends to order. All products presented are under license agreement of the product manufacturer if applicable, and are not subject to any copyright piracy.
The Seller strives to present as best as possible, on the technical data sheets of the products, the essential characteristics of the latter. The information is that given by the manufacturers. The Seller is in no way responsible for erroneous data transmitted by them. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, www.enjoliveurtesla.com makes no commitment regarding the absence of error in any of these photographs or texts.
TESLAPIMP makes no commitment regarding the absence of stock shortage or the availability of the product (s) appearing on the site. TESLAPIMP cannot be held liable in the event of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood, fire.
TESLAPIMP will not incur any liability for any indirect damage as a result of the present, operating loss, loss of profit, loss of opportunity, damages or expenses.
ARTICLE 12 – UNFORESEEABILITY
Each of the Parties declares to expressly waive the provisions of Article 1195 of the Civil Code and the regime of unforeseeability provided for therein, undertaking to assume its obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the contract, even if their execution would prove excessively onerous and to bear all the economic and financial consequences.
ARTICLE 13 – PRE-CONTRACTUAL INFORMATION
13-1 . Customer Acceptance
The fact that a natural (or legal) person orders on the ” TESLAPIMP ” website implies full adherence and acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, to avail himself of any contradictory document that would be unenforceable against the Seller.
13-2 . Identification
Our contact information is as follows:
– https://www.enjoliveurtesla.com/
TESLAPIMP
9 place broglie 67000 strasbourg, FRANCE
– Share capital: 100 €
– RCS number:
– VAT number
ARTICLE 14 – PARTIAL NULLITY
If one or more stipulations hereof are held to be invalid or declared as such pursuant to a law, a regulation or a final decision of a competent court, the other stipulations will retain all their force and scope.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT JURISDICTION
These general conditions of sale are subject to French law.
All disputes are settled directly between the Customer and the Seller, if necessary using the messaging tool made available to them on the “TESLAPIMP” website .
The Customer thus has the possibility to report to the Seller, on his personal space reserved on the “TESLAPIMP” website , any complaint, concerning, in particular, the non-receipt of the Product, its non-conformity with the order or the receipt of a damaged Product.
The Customer and the Seller will make their best efforts to reach an amicable resolution of the dispute. Depending on the case, the dispute declared will result either in the return of the Product ordered or in a refund, under the conditions specified in these GTC.
The Customer is informed that he may in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, and whose references appear on the site Internet TESLAPIMP or any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
In accordance with the rules applicable to mediation, any consumer dispute must be transmitted beforehand via the procedure referred to above (prior complaint directly submitted to the Seller on the “TESLAPIMP” website ) before any request for mediation.
APPENDIX 1
PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
Article L217-5 of the Consumer Code
Article L217-12 of the Consumer Code
Article L217-16 of the Consumer Code
Article 1641 of the Civil Code
Article 1648 paragraph 1 of the Civil Code
