Conditions of Use

GENERAL TERMS OF SALE

SCOPE AND DEFINITIONS

The following General Terms of Sale are applicable to all commercial transactions taking place between JEAN BUSER SARL (« the Seller ») and any person (“the BUYER”) that has purchased merchandise through the SELLER’s strorefront or via Internet.

Any purchase of merchandise at our storefront or via Internet automatically implies the acceptance by the BUYER of the present General Terms of Sale.

The BUYER acknowledges to have a complete knowledge of the aforesaid General Terms of Sale and therefore forfeits any recourse using any opposing document to these terms.

No exemptions to these present General Terms of Sale brought forth by the BUYER shall be applicable unless the SELLER specifically and explicitly agrees to them in writing. The SELLER is entitled to modify the present General Terms of Sale at any time and without prior notice.

Any modifications to the General Terms of Sale will be posted in the storefront and through the SELLER’s Internet site.

CATALOGUES AND PRICES

The SELLER is bound to deliver the merchandise featured in the catalogues only to the extent of available stocks. 

Prices displayed in our pricing schedules are given for INFORMATION PURPOSES ONLY and are DISPLAYED WITHOUT TAXES. They are subject to variations due to fluctuating economic conditions and prevailing currency rates at the time of purchase.

Paper and web-supported catalogues from the SELLER and not binding offers.

Prices indicated are non-binding and may be subject to modification without prior notice.

CONDITIONS OF PAYMENT

Unless otherwise specified, payment of merchandise is in cash, with no discount, and in euros.

Bank draft payments are not accepted.

In accordance with the provisions of the Statute of December 31, 1992 relative to payment delays, all invoices will have to be paid by the due date listed on these documents. No discount will be given for advance payment.

Should payment occur past the due date listed on the invoice, and  immediately following a past due notice that would have remained unanswered, the amount invoiced without tax will generate interest from the initial due date onwards. Interest generated will be equal to one-and-a-half times the legal interest rate that was current on the date the invoice was due.

DELIVERY LEAD TIMES

Transportation of merchandise is carried out by vendors that are not related to the

Delivery dates or delivery estimates listed on the documents or order confirmations issued by the SELLER are for information purposes only and are NON-BINDING.

The SELLER shall not be held accountable for any delivery delays or a late delivery.

RETENTION OF OWNERSHIP OF GOODS

All sold goods shall remain, notwithstanding any provision to the contrary, the SELLER’s property until complete payment of their purchase price, including accessories, is made.

In case of checks or other financial instruments being deposited, payment will be considered effective only after these have cleared. 

TRANSPORT - CUSTOMS

All transportation, insurance, customs clearance and handling costs of merchandise are carried out at the Buyer’s cost, and under the Buyer’s responsibility and oversight.  It is the Buyer’s responsibility to monitor and oversee transportation of merchandise.

Any and all damages to sold merchandise during transport will have to be notified immediately to the carrier.

The SELLER shall not be held accountable because of damages to goods arising during transport. 

WARRANTY AGAINST HIDDEN DEFECTS

RESPONSIBILITY TOWARDS INSURANCE

Subject to the provisions below, the Buyer is entitled to the legal warranty against hidden defects (Article 1641 and following of the French Civil Code).

All defects discovered on the merchandise that was sold must be notified to the SELLER within 8 days from the invoice date.

Beyond this timeframe, merchandise WILL NOT BE TAKEN BACK OR EXCHANGED.

The evidence of a material defect on the merchandise does not give rise to a discount on the invoice amount.

Moreover, the SELLER will not be liable for any warranty claims when:

- the good(s) would not have been properly selected or used,

- damage on the part(s) arise from normal wear,

- there is evidence of a lack of maintenance, a defective installation, abnormal use or handling, or improper storage of the part(s).

Furthermore, the following goods are excluded from the warranty imputable to the SELLER, regardless of the date of notification of material defects made to the manufacturers of such goods:

- books,

- manuals,

- tools,

- bearing sets,

- piston rings,

- gasket sets,

- electrical parts, including those involved in fuel delivery.

No returns shall be accepted without the SELLER’s prior consent.

When the SELLER is bound to honor a warranty against hidden defects to the BUYER, the SELLER will only be liable to the BUYER for the replacement of the merchandise that has been recognized being defective, all other compensations being excluded.

The BUYER is responsible for the subscription to all appropriate insurance(s).

RETURNS OF NEW PARTS – CREDIT MEMOS

Any return of merchandise that is carried out within the framework of an exchange or return within the conditions listed above, or which is caused by a shipment error on behalf of the SELLER, must conform to the guidelines spelled out in the present clause. 

The part must be returned in its original packaging and it must be readily marketable, that is, it must not have been installed in the vehicle.

Any request for a return will have to be communicated to the SELLER in advance.

The legal relationships between the BUYER and the SELLER are governed exclusively by French law.

Legal courts having jurisdiction over the SELLER’s place of business are the only competent tribunals to deal with any litigation arising between the SELLER and the BUYER.

As an exception to the above paragraph, the SELLER will have the liberty to legally engage the BUYER in the law courts that have jurisdiction over the BUYER’s domicile or place of business.

INTELLECTUAL PROPERTY

The JEAN BUSER trademark, web domain name, and graphic logotypes are protected under author and trademark copyright laws.

All written content, commentaries, and images present in the SELLER’s catalogues and the Internet website are protected by the provisions of the Intellectual Property Code.

Only their use for private purposes is permitted. Any reproduction (whether in its entirety or in parts thereof) of the SELLER’s catalogues is strictly prohibited.

SAFETY

The BUYER recognizes the inherent danger of certain mechanical procedures performed on motor vehicles and the necessity to have regular checks performed by a professional mechanic.

The SELLER shall not be held accountable because of damages arising from an inappropriate installation of a part or a procedure performed incorrectly on any vehicle.

The BUYER acknowledges that (s)he bears the sole responsibility  for any installation or use made of any goods obtained from the SELLER.

CONFIDENTIALITY

In accordance with French "Loi informatique et libertés"  (French Data Protection Act) dated January 6, 1978, in its version stemming from the Law of August 6, 2004, the SELLER will protect the confidentiality of personal information that the BUYER has communicated to him with the purchase.

Moreover, in accordance with French "Loi informatique et libertés" (French Data Protection Act) dated January 6, 1978, the BUYER is entitled to access, rectify, and challenge any personal information that concerns him (her).

Should the BUYER want to exercise this right, the BUYER will inform the SELLER thereof through written correspondence or email.

Through his/her acceptance of these General Terms of Sale, the BUYER acknowledges to have read the SELLER’s policy of personal data protection and the BUYER agrees to the SELLER’s gathering and use of this data.

Retail prices are listed in € with VAT included (for pricing schedule for Professionals please contact us)