Terms and conditions of sale

This document was drafted on April 3, 2024 by MJ2S, to govern sales made via the website"www.greendrive-accessories.com".

  1. Preamble

MJ2S, whose registered office is located at 3 allée des Bauches, Claix, registered with the Registre du Commerce et des Sociétés under the number 85265170200031, hereinafter referred to as "the Seller".

The Vendor specializes in the sale of car parts compatible with the above-mentioned vehicles, remotely via its website www.greendrive-accessories.com.

  1. Scope of application

These General Terms and Conditions of Sale (GTCS) apply, without restriction or reservation, to all sales concluded by the Seller with consumers and non-professional and professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Seller on the website www.greendrive-accessories.com.

In particular, the GTC specify the conditions of order, payment, delivery and management of any returns of products ordered by customers.

  1. Customer account creation and management

To place an order on the site, customers must register by creating an account. This process involves filling in a form with information such as surname, first name, address, e-mail address and telephone number. A registration will only be considered valid if all the required information is completely filled in.

The customer acknowledges that his e-mail address and password will serve as identifiers for access to his account, and that the information provided will be considered as proof of his identity.

The customer is responsible for the truthfulness and updating of the information provided at the time of registration and must ensure its accuracy at all times.

Following registration, the customer is provided with a personal space enabling him/her to manage his/her use of the site and his/her orders, using the methods and technical supports we consider most appropriate.

The customer undertakes to maintain the confidentiality of his identifiers, to take all necessary measures to ensure this confidentiality and to inform our company immediately in the event of unauthorized use of his account.

It is expressly agreed between the parties that any operation carried out via the customer's identifiers is deemed to have been carried out by the customer himself. The customer therefore undertakes to use his/her account in a personal manner and not to allow a third party to use it in his/her place or on his/her behalf, fully assuming the consequences of such actions.

  1. Product information

The products offered for sale are those listed on the www.greendrive-accessories.com website on the day the Customer consults the site. Each product is accompanied by a description drawn up by the Vendor. Product photographs are not contractual, but are intended to complement the description and be representative of the use of the product or of the product itself. In the event of an error in the description, we will first try to replace the product, and if this is impossible, we will offer you a return of the item within the stipulated period of 30 days.

The information provided in the description describes what the product "is", but we cannot list what the product "is not", in other words, if a functionality or feature is not listed, the only conclusion to have is that it is not present on the item or that the item does not meet it. MJ2S cannot be held responsible for any misperception or misunderstanding regarding features not explicitly stated in the product description. It is the responsibility of the consumer to verify the suitability of the product for his or her intended use, based solely on the information provided on our website.

  1. Prices and taxes

5.1. General

The Vendor reserves the right to modify its prices at any time, but undertakes to apply the rates in force at the time the order is placed.

Pricing errors - MJ2S reserves the right to cancel any order in the event of an obvious pricing error (labelling error, computer bug, etc.). Customers concerned will be informed of this cancellation and reimbursed for sums already paid.

5.2. European customers

For European customers, product prices are quoted in Euros (€) inclusive of all taxes (TTC) at the French VAT rate, unless the customer requests a different currency. Taxes will be adjusted according to the customer's place of residence prior to payment to conform to the VAT rate relative to the customer's country of residence.

5.3. Customers outside the European Union

For customers residing outside the European Union, the prices shown on our site are inclusive of all taxes at the applicable rate. However, at the time of payment, taxes will be removed when the customer enters his delivery address, and the order will be paid exclusive of tax (HT). It is the customer's responsibility to pay all taxes, customs duties and other charges imposed by their country of residence at the time of delivery. These additional charges are not included in the final price of the order placed on our site, and are beyond our competence and control.

Customers are strongly encouraged to check with their local customs authorities for information on these costs, in order to obtain an accurate estimate of the taxes to be paid upon receipt of their order. By making a purchase on our site, customers located outside the European Union acknowledge and accept responsibility for the payment of such taxes and additional charges in accordance with the regulations in force in their country.

5.4. Exception for the United Kingdom

In accordance with current legislation concerning distance selling in the United Kingdom, our tax billing practices are as follows:

- For orders of less than 135 GBP (pounds sterling), the prices in the shopping cart, after entering the address, will be displayed and invoiced inclusive of all taxes (VAT). This means that the applicable VAT is included in the final price and will be paid by the Seller.

- For orders exceeding 135 GBP, the prices in the shopping cart after entering the address will be displayed and invoiced exclusive of tax (HT). Customers will be responsible for the payment of any taxes and customs duties which may be required by the British customs authorities at the time of delivery.

This is in line with the UK's post-Brexit VAT regime for imported goods, as set out in the [title and number of the relevant piece of legislation, for example, "Finance Act 2021".

UK customers are advised to take note of these thresholds to understand how VAT is applied to their orders and are responsible for checking this information before finalising their purchases on our site.

  1. Discount policy

Discounts offered on the MJ2S website are subject to the following conditions, in accordance with current French regulations:

- Offer validity: Each discount is valid for a specific period or while stocks last.

- Cumulation of Discounts: Unless otherwise specified, the discounts offered on the MJ2S website cannot be combined with each other or with other current promotional offers. In the event that several discounts apply to the same product, only the most advantageous discount for the customer will be applied.

- Application of discounts: Discounts are applied either directly in the shopping basket at the time of purchase validation and indicated on the product page, or by using a promotional code which must be entered by the customer in the field provided for this purpose. The conditions of application of each promotional code are specified at the time of issue.

- Promo codes: Promo codes are personal and non-transferable, unless clearly specified by MJ2S. Promo codes must be entered in the appropriate field before final validation of the order by the customer. MJ2S will not be able to retroactively apply a discount if the customer forgets to use their promo code before finalizing their order. It is the customer's responsibility to ensure that all discounts have been applied before proceeding to payment.

- Modification or Cancellation of Discount: MJ2S reserves the right to modify or cancel a discount offer without prior notice, in the event of exceptional circumstances justifying such action.

By taking advantage of a discount, the customer accepts these conditions. For further information, please contact our customer service department.

  1. Orders

Orders are placed exclusively on the www.greendrive-accessories.com website . The ordering process is described on the site. Customers wishing to purchase a product must follow the online ordering process.

7.1. How to order

The Customer may select Products to order via the online Catalogue on the Site, subject to stock availability, as indicated on the Site at the time of ordering.

To validate an order, the Customer must first accept these General Terms and Conditions of Sale by ticking the appropriate box. They must also choose a delivery address and a delivery method, and confirm the means of payment. Before final validation, the Customer may check and modify the Order to correct any errors.

The order is deemed firm and definitive once the Customer has received confirmation of acceptance of the order by the Vendor by e-mail, and once full payment has been made.

By placing an order, the Customer accepts the prices and descriptions of the products as displayed on the Site. Any disagreement relating to these points may be addressed in accordance with the terms and conditions for exchanges and guarantees specified later.

7.2. Order modification

Any request by the Customer to modify an order, once confirmed, is subject to the Vendor's approval. It is no longer possible to make modifications if the order is already in the preparation phase, and we cannot guarantee that our deadline for taking this cancellation into account will occur before your order is put into preparation, as our aim to satisfy our customers is to put the order into preparation as soon as possible.

However, the customer may exercise his right of withdrawal in accordance with the provisions of Article 9 of these General Terms and Conditions of Sale, or contact the Vendor in accordance with the terms of Article 4.4 of the General Terms and Conditions of Sale.

7.3 Order information

Customers can obtain information about their order directly from their customer account in the "my orders" tab. If the information is not sufficient, you can contact customer service via the contact chat in the "need help" page.

7.4. Order rejection

The Vendor reserves the right to suspend or refuse to execute an order from a Customer for valid and justifiable reasons, including but not limited to non-payment, refusal of payment authorization by accredited banking institutions, pending disputes, or if an order indicates an abnormally high quantity of products. In addition, any change in the quantity of an item automatically added to the basket as a free component of a paid product will be cancelled if these quantities do not correspond to the terms of the offer. Free components are inseparable from the paid items to which they relate and cannot be ordered separately. These free components are only visible on our site after the addition of a paying item eligible for this automatic addition offer.

  1. Payment

8.1. General payment terms

Payment is due immediately upon ordering. Payments by credit card, Paypal or any other payment method offered on our site will be made via secure systems.

Payment in instalments: You can pay for your order in instalments using :

- Scalapay payment solution up to 2000€. By validating the order, the customer agrees to have read and understood Scalapay's general terms and conditions of payment, available HERE.

- The Paypal Later payment solution, and this under the conditions provided by the Paypal company, accessible directly in your customer account, the customer agrees to have read the general conditions of payment of Paypal, which he will be obliged to accept at the time of validation of his payment with the payment organization.

8.2. General refund policy

Green Drive undertakes to reimburse the Customer via the payment method used for the initial transaction, within 14 days of notification of the return of the products by the collection point, provided that the products are returned in perfect condition and complete. Should the returned products be incomplete, damaged or in a condition that does not allow them to be sold again, Green Drive reserves the right to refuse their return, exchange or refund.

8.3. Refunds for orders from customers outside the European Union

For any product return, order refund or order cancellation that would require a total or partial refund of the order, the taxes paid by the customer to the national collector can not be paid by the company MJ2S to the customer because these taxes have not been paid to the company. It is therefore the customer's responsibility to claim a refund from the national collector.

  1. Delivery

9.1. General

Products will be delivered to the delivery address indicated during the order process. Delivery times are given as an indication only and may vary according to the place of delivery. The delivery times generally observed are visible when the order is validated. If a specific delivery time is indicated on the product page, this must be taken into account first. The rest of the items that do not have a specific lead time will be sent separately and delivered within the general lead time.

9.2 Non-conformity on delivery - inspection of items

Upon receipt of the order, the Customer or any person authorized by him to receive the products must scrupulously check the condition of the items before signing the delivery note. In the event of any anomaly (missing product, damage, defect), it is imperative that the Customer refuses delivery and/or expresses clear reservations on the delivery note (e.g.: "Parcel refused due to: damage, missing product, damaged packaging, damaged product"), then confirms them by signing the said note. Here is an article to help you draw up your reservations.

In the event that the customer accepts the parcel but still has a reservation, it is the customer's responsibility to notify Green Drive of any non-conformity within two working days of receipt, using the contact form available on the order page of the Green Drive website.

In the event of delivery without a signed delivery note, the customer must notify Green Drive within two working days so that we can arrange for the item to be returned. A certificate of honour may be requested to meet our obligations with the carrier.

  1. Right of withdrawal

In accordance with article L. 221-18 of the French Consumer Code, consumers have a period of 14 days from receipt of the products to exercise their right of withdrawal from the Vendor. This period is extended to 30 days by the company Green Drive on a commercial basis. Within this period, the customer may obtain a refund of the order in exchange for the return of the goods. The terms "Satisfied or refunded" are also subject to the return of items within 30 days. Return conditions are indicated on the page provided for this purpose or on the document available HERE.

It is preferable to formulate a return request through the online chat available on the "need help" page. However, we have provided a template that you can send to us, to be used only if the other solutions do not suit you. You can send it to us by e-mail([email protected]) or by post (MJ2S, 3, Allée des bauches, Claix, 38640).

MODEL WITHDRAWAL LETTER

Your full name :

Your address :

Your order number :

Green Drive - MJ2S

3 allée des bauches

38640 Claix

..........................., .........................

Dear Sir/Madam,

On ........................ (indicate date on order form), I ordered ............................................ (Description of item: name or bar code) which you delivered on ...........

In accordance with Article L. 221-18 of the French Consumer Code, I hereby exercise my right of withdrawal.

Consequently, I would ask you to return the sum of .......... euros that I paid when I placed my order, as soon as possible and no later than 14 days following receipt of this letter, in accordance with the provisions of article L. 221-24 of the French Consumer Code.

Please find enclosed the item I am returning to you.

  1. Exclusion of the right of withdrawal

In accordance with the legal provisions in force, the right of withdrawal does not apply in the following cases:

Products customized at the customer's request: Any product that is manufactured to the customer's specifications or clearly personalized, such as custom-made steering wheels incorporating specific materials requested by the customer, rims designed with a bespoke design and size, or any other product configured according to the customer's unique choices and requirements, cannot be the subject of a return, cancellation or refund under the right of withdrawal.

Adhesive products: Products intended to be adhered or glued, such as paint protection films (PPF), coverings and similar accessories, are excluded from the right of withdrawal once they have been applied to a vehicle or any other surface. This exclusion applies insofar as these products cannot be returned in a condition allowing them to be marketed again, due to their permanently adhesive nature.

By placing an order for such products on our site, the customer acknowledges and accepts this exclusion of the right of withdrawal for personalized and adhesive products, in accordance with article L221-28 of the French Consumer Code.

  1. Legal warranties

Products supplied by the Vendor are covered by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,

- The legal warranty of conformity for 2 years from delivery of the goods. The consumer will be offered a replacement or repair. If this is not possible, MJ2S will offer a refund;

- The 2-year legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

  1. Recourse to mediation

In accordance with articles L611-1 et seq. of the French Consumer Code, MJ2S wishes to inform its customers that, in the event of disagreement or dispute relating to the purchase of products or services on our site, the recommended initial step is to contact our customer service department. We are committed to finding an amicable and satisfactory solution to any dispute that may arise in the course of our commercial relations.

If you are not satisfied with our attempts to resolve your dispute amicably with our customer service department, you have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of your dispute with our company. The consumer mediator will act as an impartial third party and will attempt to reach a consensual solution.

Before contacting the mediator, please ensure that :

- You have first tried to resolve the dispute directly with MJ2S by means of a written complaint.

- Your claim is not manifestly unfounded or abusive.

- The dispute has not already been or is not being examined by another mediator or by a court.

The consumer must have tried to resolve the dispute with the professional out of court before resorting to mediation. Free recourse to a mediator will enable you to strictly apply the Consumer Code and exclude you from any commercial gesture that might have been made in a classic approach with customer service. Mediation will be limited to what is provided for by law and the Consumer Code.

In accordance with Article L. 616-1 of the French Consumer Code, the mediator proposed by MJ2S may be contacted by the customer:

- By post, to the following address: CNPM-MEDIATION-CONSOMMATION, 27, Avenue de la Libération - 42400 SAINT CHAMOND - FRANCE

- By contact form: REQUEST MEDIATION

  1. Limitation of warranty

The warranty offered by MJ2S is limited exclusively to the parts sold by our company and does not cover the costs associated with third-party services, in particular the installation of parts by an external professional. In the event of a recognized defect requiring the replacement of a part under warranty, MJ2S undertakes only to replace the defective part. Any costs associated with the installation of the replacement part will be borne by the customer and will not give rise to any claim for compensation against us.

Similarly, in the event that a part sold by MJ2S is installed on a vehicle benefiting from additional aesthetic modifications, i.e. a vehicle with third-party accessories therefore different from the original, such as a covering or a paint protection film (PPF) in a non-exhaustive manner, that the dismantling of the part is necessary for its replacement under warranty, MJ2S cannot be held responsible for the costs of repair, replacement, or reinstallation of the covering or PPF. Our liability is limited to the supply of a replacement part for defective products and does not extend to additional accessories or modifications installed by the customer or third parties.

In the event that the product is transferred, the warranty associated with the product can only be maintained if the new owner is able to present the original purchase invoice issued by Green Drive. This requirement is intended to attest to the origin and authenticity of the product, as well as the validity of the warranty. Without this proof of purchase, Green Drive reserves the right to refuse the new owner the benefit of the warranty.

By purchasing our products, the customer acknowledges and accepts these warranty limitations. We advise our customers to consider these elements before installing parts on vehicles with special features such as covering or PPF. Our products cannot be accused of having damaged an element of which we were unaware prior to the sale.

It is expressly specified that the above-mentioned warranties shall not apply in the following cases in the event of abnormal or non-conforming use of the Products by the Customer or any third party, subsequent to the Order. In this respect, the Customer is invited to carefully consult the instruction manual supplied with the Product.

  1. Limitation of liability

MJ2S, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any product, or as to any other claim related in any way to your use of the product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the product and any content. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

  1. No liability for loss of manufacturer's warranty

MJ2S makes every effort to offer its customers products that have been tested and comply with local legal requirements. However, because MJ2S distributes its products in several countries, each with its own specific regulations, and also because we supply products which are not intended for use in the public domain, the mere fact that a product is available on our site does not mean that it is approved or exempt from any cancellation of the vehicle warranty, whether partial or total.

By installing the product on your vehicle, you accept responsibility for the total or partial loss of your vehicle's warranty in the event that the product is not approved by the manufacturer of your vehicle or by the legislation in your country. MJ2S, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees shall not be liable for loss of warranty and its consequences. You therefore waive any claim for compensation or reimbursement.

  1. Protection of Personal Data

Information and data concerning the customer are necessary for the management of orders and commercial relations. It may be transmitted to companies contributing to these relations, such as those responsible for the execution of services and orders, for their management, execution, processing and payment. This information and data is also kept for security purposes, to comply with legal and regulatory obligations, and to enable us to improve and personalize the services we offer and the information we send.

In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and limitation of processing in relation to information concerning him or her.

  1. Modifications to the General Terms and Conditions of Sale

The Seller reserves the right to modify its General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale will apply as soon as they are published on the [URL du site] website.

  1. Severability

In the event that any provision of these General Terms and Conditions of Sale and Use shall be held to be illegal, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

  1. Applicable law and jurisdiction

These General Terms and Conditions of Sale and all transactions arising therefrom are governed by French law. In the event of a dispute concerning the interpretation, execution or validity of these General Terms and Conditions of Sale, the parties undertake to seek an amicable solution before taking any legal action.

Failing amicable resolution, any dispute shall be submitted to the competent courts in accordance with the applicable jurisdiction rules. The parties agree that French law shall be the only law applicable to this contract, to the exclusion of any other legislation, which is expressly accepted by the customer.

This clause applies without prejudice to the rules of protection granted to consumers by the mandatory provisions of the law of the country where they have their habitual residence.

  1. Intellectual property rights

All elements published on the Green Drive website, including but not limited to texts, photographs, images, drawings, models, documents and any other material, are and remain the exclusive intellectual property of Green Drive or its partners holding the corresponding rights. This includes design, site architecture, software, trademarks, copyrights, domain names and database rights.

Consequently, without prior written authorization from Green Drive, any use, representation, reproduction or adaptation, in whole or in part, of any component of the Green Drive site is strictly prohibited. This prohibition extends to any professional, even if the latter is a reseller of Green Drive products, concerning the use of any site content for any purpose other than the sale of Green Drive products. Failure to comply with this rule may constitute an infringement of intellectual property rights and give rise to legal proceedings for counterfeiting, in accordance with the provisions of the French Intellectual Property Code and applicable legislation.

The purpose of all these provisions is to protect the investments made by Green Drive in the creation and promotion of its product catalog and brand image. The Customer therefore undertakes not to infringe Green Drive 's intellectual property rights and to respect the integrity of its creations.