This document was prepared on April 3, 2024, by MJ2S to govern sales made through the website “https://www.greendrive-accessories.com/en/ ".
- Preamble
MJ2S, whose principal place of business is located at 3 allée des Bauches, Claix, and which is registered with the Trade and Companies Register under number 85265170200031, hereinafter referred to as “the Seller.”
The Seller specializes in the online sale of automotive parts compatible with the vehicles listed, through its website https://www.greendrive-accessories.com/en/.
- Scope of Application
These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to all sales made by the Seller to consumers, non-professional buyers, and professional buyers (“ Customers or the Customer”), who wish to purchase the products offered for sale by the Seller on the website https://www.greendrive-accessories.com/en/.
The Terms and Conditions specify, in particular, the terms for ordering, payment, delivery, and the handling of any returns of products ordered by Customers.
- Creating and Managing Customer Accounts
To place an order on the website, customers must register by creating an account. This process involves filling out a form with information such as last name, first name, address, email address, and phone number. A registration will be considered valid only if all required information is provided in full.
The customer acknowledges that his or her email address and password will serve as login credentials to access his or her account and that the information provided will be considered proof of his or her identity.
The customer is responsible for ensuring that the information provided during registration is truthful and up-to-date, and must ensure that it remains accurate at all times.
After registering, the customer will have access to a personal account that allows them to manage their use of the site and their orders, in accordance with the terms and technical means we deem most appropriate.
The customer agrees to keep their login credentials confidential, to take all necessary measures to ensure their confidentiality, and to immediately notify our company in the event of unauthorized use of their account.
It is expressly agreed between the parties that any transaction carried out using the customer’s login credentials is deemed to have been performed by the customer himself. The customer therefore agrees to use his account personally and not to allow any third party to use it in his place or on his behalf, and he fully accepts the consequences of such actions.
- Product Information
The products offered for sale are those listed on the website https://www.greendrive-accessories.com/en/ as of the date the Customer visits the website. Each product will be accompanied by a description provided by the Seller. Product photographs are not binding, but are intended to supplement the description and provide a representative view of the product’s use or the product itself. In the event of an error in the description, we will first attempt to replace the product, and if that is not possible, we will offer you the option to return the item within the 30-day return period.
The information provided in the description explains what the product “is,” but we cannot list what the product “is not”; in other words, if a feature or characteristic is not listed, the only conclusion to be drawn is that it is not present in the item or that the item does not meet that requirement. MJ2S cannot be held liable for any misperceptions or misunderstandings regarding features that are not explicitly stated in the product description. It is the consumer’s responsibility to verify that the product is suitable for their intended use, based solely on the information provided on our website.
- Prices and Taxes
5.1. General Information
The Seller reserves the right to change its prices at any time but agrees to apply the current rates indicated at the time of the order.
Pricing Error - MJ2S reserves the right to cancel any order in the event of an obvious pricing error (mislabeling, computer glitch, etc.). Affected customers will be notified of the cancellation and reimbursed for any amounts already paid.
5.2. European Customers
For European customers, product prices are listed in euros (€), inclusive of all taxes (TTC), at the French VAT rate, unless the customer specifies a different currency. Taxes will be adjusted based on the customer’s place of residence prior to payment to comply with the VAT rate applicable to the customer’s country of residence.
5.3. Customers Outside the European Union
For customers residing outside the European Union, the prices displayed on our website include all taxes (TTC) at the applicable rate. However, at checkout, the taxes will be removed when the customer enters their shipping address, and the order will be charged excluding taxes (HT). It is the customer’s responsibility to pay all taxes, customs duties, and other fees 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 website and are beyond our control.
Customers are strongly encouraged to check with their local customs authorities regarding these costs to obtain an accurate estimate of the taxes they will be required to pay upon receipt of their order. By making a purchase on our website, customers located outside the European Union acknowledge and agree to be responsible for paying these taxes and additional fees in accordance with the regulations in effect in their country.
5.4. Exception for the United Kingdom
In accordance with current UK legislation regarding distance selling, our tax billing practices are as follows:
· For orders totaling less than 135 GBP (British pounds), the prices in the shopping cart—after you enter your address—will be displayed and billed inclusive of all taxes (TTC). 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 the customer enters their address—will be displayed and billed exclusive of tax (excl. tax). Customers will be responsible for paying any taxes and customs duties charged by UK customs authorities at the time of delivery.
This provision is consistent with the United Kingdom’s post-Brexit VAT regime for imported goods, as set forth in the [title and number of the relevant law, e.g., “Finance Act 2021”].
Customers in the United Kingdom are advised to take note of these thresholds to understand how VAT is applied to their orders and are responsible for verifying this information before finalizing their purchases on our website.
- Discount Policy
The discounts offered on the MJ2S website are subject to the following terms and conditions, in accordance with current French regulations:
· Offer Validity: Each discount is valid for a specified period or while supplies last.
· Combining Discounts: Unless otherwise specified, the discounts offered on the MJ2S website cannot be combined with each other or with other current promotional offers. If multiple discounts apply to the same product, only the discount that is most advantageous to the customer will be applied.
· Applying Discounts: Discounts are applied either directly in the shopping cart at checkout and displayed on the product page, or by using a promo code that the customer must enter in the field provided. The terms and conditions for each promo code are specified when it is issued.
· Promo Codes: Promo codes are personal and non-transferable, unless clearly specified by MJ2S. Promo codes must be entered in the appropriate field before the customer finalizes the order. MJ2S cannot 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. Applying promo codes
· Modification or Cancellation of the Discount: MJ2S reserves the right to modify or cancel a discount offer without prior notice in the event of exceptional circumstances that warrant such action.
· Promotional codes offering a percentage discount are valid only on select products and never apply to all items available on the site. Their validity is confirmed only if the promo code is accepted during checkout. No requests will be accepted to apply a promotional code to ineligible products. In the absence of specific information regarding restrictions on a promotional code, the following rule applies by default: percentage-based promotional codes are excluded for all manufactured products from brands other than Green Drive (example: Polaire, AST...), rims, wheels, and tires. Please check whether the items in your shopping cart are eligible.
By taking advantage of a discount, the customer agrees to these terms and conditions. For more information, the customer is invited to contact our customer service department.
- Orders
Orders can be placed exclusively on the website https://www.greendrive-accessories.com/en/. The ordering process is described on the website. Customers who wish to purchase a product must follow the online ordering process.
7.1. Ordering Process
The Customer may select Products to order through the online Catalog on the Website, subject to availability in stock, as indicated on the Website at the time of the order.
To confirm their order, the Customer must first accept these General Terms and Conditions of Sale by checking the box provided for that purpose. The Customer must also select a shipping address and a shipping method, and then confirm the payment method. Before final confirmation, the Customer may review and modify their Order to correct any errors.
The order is considered firm and final once the Customer has received confirmation via email that the Seller has accepted the order and full payment has been made.
By placing an order, the Customer accepts the prices and product descriptions as displayed on the Website. Any dispute regarding these matters may be addressed in accordance with the terms and conditions for returns and warranties to be specified at a later date.
7.2. Order Change
Any request by the Customer to modify an order, once it has been confirmed, is subject to the Seller’s approval. Changes can no longer be made if the order is already being prepared, and we cannot guarantee that we will be able to process such a cancellation before your order enters the preparation phase, as our goal in satisfying our customers is to begin preparing the order as soon as possible.
However, the Customer may exercise their right of withdrawal in accordance with the provisions of Article 9 of these General Terms and Conditions of Sale, or contact the Seller in accordance with the terms of Article 4.4 of the General Terms and Conditions of Sale.
7.3. Order Information
Customers can view information about their order directly in their customer account under the "My Orders" tab. If the information provided is insufficient, you can contact customer service via the live chat feature on the "Need Help" page.
7.4. Order Rejection
The Seller reserves the right to suspend or refuse to fulfill an order placed by a Customer for valid and justifiable reasons, including but not limited to, cases of non-payment, refusal of payment authorization by accredited banking institutions, ongoing disputes, or if an order specifies an abnormally high quantity of products. Furthermore, any change to the quantity of an item automatically added to the cart as a free component of a paid product will be canceled if those quantities do not comply with 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 website after a paid item eligible for this automatic addition offer has been added.
- Payment
8.1. General Information on Payments
Payment is due immediately upon placing the order. Payments made by credit card, PayPal, or any other payment method offered on our website will be processed through secure systems.
Payment in installments: You can pay for your order in installments using:
· The Scalapay payment solution, for amounts up to €2,000. By confirming their order, the customer acknowledges that they have read Scalapay’s general terms and conditions of payment, available HERE.
· The PayPal Later payment solution, subject to PayPal’s terms and conditions, is available directly through your customer account. The customer acknowledges that they have read PayPal’s general terms and conditions of payment and agrees to accept them when confirming their payment with the payment processor.
https://www.younited-credit.com/media/202352/politique-de-gestion-des-reclamations_site-yc_2023-vf.pdf
8.2. General Information on Reimbursements
Green Drive agrees to refund the Customer via the payment method used for the original transaction within 14 days of receiving notification that the package has been received, provided that the products are returned in perfect condition and are complete. In the event that the returned products are incomplete, damaged, or in a condition that prevents them from being resold, Green Drive reserves the right to refuse to accept returns or exchanges, as well as to refuse the corresponding refund.
8.3. Refunds for an order placed by a customer outside the European Union
For any product return, order refund, or order cancellation that requires a full or partial refund of the order, the taxes paid by the customer to the national tax collector cannot be refunded to the customer by MJ2S because these taxes were not paid to the company. It is therefore the consumer’s responsibility to request a tax refund from the national tax collector.
- Delivery
9.1. General Information
Products will be delivered to the shipping address provided during the ordering process. Delivery times are provided for informational purposes only and may vary depending on the delivery location. Typical delivery times are displayed when you confirm your order. If a specific delivery time is listed on the product page, that time takes precedence. Any remaining items without a specific delivery time will be shipped separately and delivered within the standard timeframe.
9.2. Nonconformity upon Delivery – Inspection of Items
Upon receipt of the order, the Customer or any person authorized by the Customer to receive the products must carefully inspect the condition of the items before signing the delivery slip. If any issues are found (missing product, damage, defect), the Customer must refuse the delivery and/or clearly note the issue on the delivery receipt (example: “Package refused due to: damage, missing product, damaged packaging, damaged product”), and then confirm them by signing the delivery receipt. Here is an article to help you draft these reservations.
If the Customer accepts the package but has nevertheless filed a claim, it is the Customer’s responsibility to notify Green Drive any nonconformity within two business days of receipt, using the contact form available on the order page on the website at Green Drive.
Unless specific and valid complaints are filed with the carrier at the time of delivery, the package and its contents will be deemed to have been delivered in good condition and in accordance with the order.In this case, no claim for damage during transit may be validly asserted against Green Drive. Green Drive may nevertheless assist the Customer in dealing with the carrier and take the necessary steps to investigate the matter. However, Green Drive cannot be held liable for the carrier’s or its insurer’s refusal to cover the claim and cannot guarantee a favorable outcome of the claim.
If the delivery is made without a signature on the delivery slip, the customer must notify Green Drive within two business days so that we can make the necessary arrangements to return the item. A sworn statement may be required to fulfill our obligations to the carrier. If there are no reservations
9.3 Procedure for Handling Damage Claims
Any claim regarding a product that is damaged, deteriorated, missing, or non-compliant upon delivery due to shipping must be filed through a specific claims procedure with the carrier and, if applicable, its insurer. The Customer agrees to provide, within the requested timeframes, all information necessary for the investigation of the case.
The Customer acknowledges that the processing of his or her claim is contingent upon compliance with this procedure. Failure to provide the requested information, failure to follow the instructions provided, destruction of the packaging before the case is closed, failure to respond within the required time frame, or any other action that prevents the normal investigation of the case may result in the carrier or its insurer refusing to cover the claim.
In such a situation, Green Drive shall not be held liable for any refusal to provide compensation, a replacement, or any other form of assistance resulting from the inability to file or pursue a claim with the carrier.
The Customer agrees to follow the procedure provided by Green Drive. If the Customer refuses to cooperate, insists on a different procedure, or obstructs the steps required by Green Drive, the carrier or its insurer, Green Drive reserves the right to suspend or withdraw the claim filed with the carrier.
When damage caused during transport is discovered and Green Drive If the carrier is able to provide an identical or equivalent replacement product within a reasonable time, the dispute will be resolved primarily by replacing the product in question. The replacement may only be made after the carrier or its insurer has approved the claim, if such approval is required.
The procedure for handling shipping damage is separate from the right of withdrawal. A request for a refund will be considered only if a replacement is not possible or in other cases provided for by applicable law.
- Right of Withdrawal
In accordance with Article L. 221-18 of the Consumer Code, consumers have 14 days from the date of receipt of the products to exercise their right of withdrawal with the Seller; this period is extended to 30 days by the company Green Drive for commercial purposes. Within this period, the customer may receive a refund for their order upon return of the items. The “Satisfaction Guaranteed or Your Money Back” policy also requires that items be returned within 30 days. The return policy is outlined on the dedicated page or via the Helpdesk.
It is best to submit a return request through the online chat available on the “Need Help?” page. However, we do provide a template that you can send to us—to be used only if the other options do not work for you. You can send it to us by email ([email protected]), by mail (MJ2S, 3, Allée des Bauches, Claix, 38640).
SAMPLE LETTER OF WITHDRAWAL
Your last name / first name(s):
Your address:
Your order number:
Green Drive – MJ2S
3 Allée des Bauches
38640 Claix
In ………………………, on …………………....
Dear Sir or Madam,
On ........................ (enter the date shown on the purchase order), I ordered ............................................ (Item description: name or barcode), which you delivered to me on …………
In accordance with Article L. 221-18 of the Consumer Code, I am exercising my right of withdrawal.
Accordingly, I kindly ask that you refund me the amount of …….... euros that I paid you when placing my order, in accordance with the provisions of Article L. 221-24 of the Consumer Code.
Please find attached the item I am returning to you.
- Exclusion of the Right of Withdrawal
In accordance with applicable law, the right of withdrawal does not apply in the following cases:
Products customized at the customer's request: Any product that is manufactured according to the customer's specifications or significantly customized, such as custom-made steering wheels incorporating specific materials requested by the customer, rims designed with custom sizes and styles, or any other product configured according to the customer’s unique choices and requirements, cannot be returned, canceled, or refunded under the right of withdrawal.
Products to Be Applied: Products intended to be adhered or bonded, such as paint protection films (PPF), vehicle wraps, and other similar accessories, are excluded from the right of withdrawal once they have been applied to a vehicle or any other surface. This exclusion applies because these products cannot be returned in a condition suitable for resale, due to their permanent adhesive nature.
The right of withdrawal does not apply to products returned in a used, damaged, or incomplete condition, or without their original packaging. Returned products must be in like-new condition and in their original packaging.
By placing an order for such products on our website, the customer acknowledges and accepts this exclusion of the right of withdrawal for personalized products and products intended for gluing, in accordance with Article L221-28 of the Consumer Code.
- Legal Warranties
The products supplied by the Seller are automatically covered, without any additional payment and regardless of the right of withdrawal, in accordance with legal provisions,
· A statutory warranty of conformity valid for 2 years from the date of delivery of the item. The consumer will be offered a replacement or repair. If this is not possible, MJ2S will offer a refund for the item;
· A 2-year statutory warranty against hidden defects resulting from a defect in materials, design, or workmanship that affects the delivered products and renders them unfit for use.
- Use of Mediation
In accordance with Articles L611-1 et seq. of the Consumer Code, MJ2S would like to inform its customers that, in the event of a disagreement or dispute regarding the purchase of products or services on our website, the recommended first step is to contact our customer service department. We are committed to finding an amicable and satisfactory solution to resolve any dispute that may arise in the course of our business relationship.
If attempts to resolve the matter amicably with our customer service department do not satisfy you, you have the right to seek the assistance of a consumer mediator, free of charge, to reach an amicable resolution of the dispute between you and our company. The consumer mediator will act as an impartial third party and will attempt to reach a mutually agreed-upon solution.
Before contacting the ombudsman, make sure that:
· You have already attempted to resolve the dispute directly with MJ2S by submitting a written complaint.
· Your request is not clearly unfounded or frivolous.
· The dispute has not already been considered or is not currently being considered by another mediator or by a court.
The consumer must have attempted to resolve the dispute with the business amicably before resorting to mediation. Seeking the services of a mediator at no cost will ensure strict enforcement of the Consumer Code and exempt you from any goodwill gestures that might have been offered through a traditional customer service process; mediation will be limited to what is provided for by law and the Consumer Code.
In accordance with Article L. 616-1 of the Consumer Code, the mediator proposed by MJ2S may be contacted by the customer:
· By mail, to the following address: MEDIATION CONSOMMATION DEVELOPPEMENT, STEPHANOIS BUSINESS CENTER, L'HORIZON BUILDING, 3 RUE J. CONSTANT MILLERET, 42000 SAINT-ÉTIENNE
· Via the contact form: REQUEST MEDIATION
- Limitation of Warranty
The warranty provided by MJ2S is limited exclusively to parts sold by our company and does not cover costs associated with third-party services, including the installation of parts by an external professional. In the event of a recognized defect requiring the replacement of a part under warranty, MJ2S agrees only to replace the defective part. Any costs associated with the installation of the replacement part remain the responsibility of the customer and cannot be the subject of a claim for compensation against us.
Similarly, in the event that a part sold by MJ2S is installed on a vehicle that has undergone additional cosmetic modifications—that is, a vehicle equipped with third-party accessories and therefore different from the original, such as a wrap or paint protection film (PPF)—to name a few—and the part must be removed for replacement under warranty, MJ2S shall not be held liable for the costs of repairing, replacing, or reinstalling the wrap or PPF. Our liability is limited to the provision of a replacement part for defective products and does not extend to additional accessories or modifications installed by the customer or by third parties.
In the event that the product is sold, the warranty associated with the product will remain in effect only if the new owner is able to present the original purchase invoice issued by Green Drive. This requirement is intended to verify the product's origin and authenticity, as well as the validity of the warranty. Without presenting this proof of purchase, Green Drive reserves the right to deny the new owner the benefits of the warranty.
By purchasing our products, the customer acknowledges and accepts these warranty limitations. We advise our customers to consider these factors before installing parts on vehicles with special features, such as vehicle wraps or paint protection film (PPF). Our products cannot be held responsible for damage to any component that we were not aware of prior to the sale.
It is expressly stated that the warranties mentioned above shall not apply in the following cases: in the event of abnormal or improper use of the Products by the Customer or any third party after the Order has been placed. In this regard, the Customer is advised to carefully review the user manual provided with the Product.
- Limitation of Liability
The assembly, installation, and use of products sold by GreenDrive are the responsibility of the customer or the professional responsible for their installation. It is the installer’s responsibility to possess the necessary skills and to verify, prior to any use, that the assembly is correct, that all necessary components are present, and that there are no apparent anomalies or defects. GreenDrive shall not be held liable for any damage or malfunction resulting from incorrect, incomplete, or non-compliant assembly—particularly if a component necessary for installation is missing. Any anomaly observed or detected during installation must result in the installation being halted and the product not being used until the issue is resolved. The responsibility for Green Drive is limited to the supply of the part and does not extend to assembly or installation, or to any consequences resulting therefrom.
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 any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any product, or in connection with 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.
- Disclaimer Regarding Loss of Manufacturer's Warranty
MJ2S makes every effort to provide its customers with products that have been tested and comply with the legal requirements of each country. However, because MJ2S distributes its products in several countries, each with its own specific regulations, and because we supply products that are not intended for use on public roads, the mere fact that a product is available on our website does not imply that it is certified or exempt from any partial or total voiding of the vehicle’s warranty.
By installing the product on your vehicle, you therefore accept responsibility for the total or partial loss of your vehicle’s warranty in the event that the product is not approved by your vehicle’s manufacturer or by the laws of your country. MJ2S, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees shall not be held liable for the loss of warranty or its consequences. You therefore waive the right to make any claim for compensation or reimbursement.
- Privacy Policy
Information and data concerning the Customer are necessary for order management and business relationships. They may be shared with companies that contribute to these relationships, such as those responsible for providing services and fulfilling orders, for the purposes of managing, fulfilling, processing, and paying for them. This information and data is also retained for security purposes, to comply with legal and regulatory obligations, and to help improve and personalize the services offered and the information provided.
In accordance with applicable national and European regulations, the Customer has the right to access, modify, correct, object to, request the portability of, and restrict the processing of information concerning him or her at any time.
- Changes 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 take effect upon their publication on the website. https://www.greendrive-accessories.com/en/.
- Separability
In the event that any provision of these General Terms and Conditions of Sale and Use is deemed unlawful, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of Sale and Use; such severance shall not affect the validity and enforceability of all remaining provisions.
- Governing 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 regarding the interpretation, performance, or validity of these General Terms and Conditions of Sale, the parties agree to seek an amicable resolution before taking any legal action.
In the absence of an amicable resolution, any dispute shall be submitted to the competent courts in accordance with the applicable rules of jurisdiction. The parties agree that French law shall be the sole law applicable to this contract, to the exclusion of any other legislation, which the customer expressly accepts.
This provision applies without prejudice to the consumer protection rules provided by the mandatory provisions of the law of the country where consumers have their habitual residence.
- Intellectual Property
All content published on the website of Green Drive, including, but not limited to, text, photographs, images, drawings, designs, documents, and any other material, are and remain the exclusive intellectual property of Green Drive or its partners who hold the corresponding rights. This includes the design, website architecture, software, trademarks, copyrights, domain names, and database rights.
Consequently, unless prior written authorization is obtained from Green Drive, any use, display, reproduction, or adaptation—in whole or in part—of any component of the website at Green Drive is strictly prohibited. This prohibition applies to all professionals, even if they are resellers of products from Green Drive, regarding the use of any content on the site for any purpose other than the sale of Green Drive. Any violation of this rule may constitute an infringement of intellectual property rights and may result in legal action for infringement, in accordance with the provisions of the Intellectual Property Code and applicable law.
All of these provisions are intended to protect the investments made by Green Drive for the creation and promotion of its product catalog and brand image. The Client therefore agrees not to infringe upon the intellectual property rights of Green Drive and to respect the integrity of his creations.
22.Using the Referral Code
22.1 Personal Use
The referral code provided by Green Drive is intended strictly for personal use and may be shared only with the Customer’s immediate circle.
22.2 Prohibition on Public Distribution
It is strictly prohibited to publish, share, or distribute the referral code on public platforms, including but not limited to websites, forums, social media, blogs, or any other publicly accessible media, without the prior written authorization of Green Drive.
22.3 Penalties for Misuse
Any misuse of the referral code, as defined in these Terms and Conditions of Sale, will result in the immediate suspension of the affected Customer’s account. In addition, all rewards earned through the referral program will be canceled without notice.
22.4 All Rights Reserved
Green Drive reserves the right to take all necessary legal measures to ensure compliance with the provisions of this section, including legal action to recover losses and damages incurred.
22.5 Amendments and Termination
Green Drive reserves the right to modify or terminate the referral program at any time, without notice, if it determines that the Customer has violated the terms of this section.