Terms & Conditions of Sale
General Terms of Sales
Preamble:
Hello and welcome to our website www.fantasticmotors.com ("the Site").
Our team is pleased to present the General Terms of Sale which will apply to all sales concluded between Us, called "GIRAPUB®" (as a distributor, creator, manufacturer of brand FANTASTIC MOTORS®) and You, called " customer "(as Buyer: professional, artist or institution) wishing to acquire our products called" the Products "offered for sale or rental on our Site.
FANTASTIC MOTORS® and GIRAPUB® are registered European and French trademarks.
1 / Company:
GIRAPUB, EURL with capital of 7,622.45 euros whose head office is located 8 rue Victor Payonne 26120 Chabeuil (Drôme) is registered at the Trade and Companies Register of Romans sur Isère under the number 351 986 229 (VAT FR15 351 986 229)
Publisher of the site: www.a2bel.com
Director of the publication: Mr. Ulrick PERTIN
Host: Word press
Your customer service:
Mail: GIRAPUB - 8 rue Victor Payonne - 26120 Chabeuil-France
Phone: +33 (0)4 75 59 06 51, Monday to Friday from 9:00 to 13:00 and 14:00 to 17:30 except Friday afternoon 14:00 to 16:30.
E-mail: info [@] fantasticmotors.com
Fax: 00 33 (0) 4 75 59 09 38
2 / Generalities:
The acceptance of our proposals implies unreserved acceptance of these terms and conditions of sale, which shall prevail notwithstanding any stipulation to the contrary appear on the customer's coupons, its terms and conditions of purchase or any other document issued by him.
These General Terms and Conditions of Sale (GTC) apply to all sales concluded with the customer on the website www.fantasticmotors.com.
Business customers and institutions are welcome to login when creating their account online or contact our customer service. You agree that the information requested for the conclusion of the contract or the information sent during its execution shall be transmitted electronically. The GSC are available here, they are present on our quotes, invoices and delivery.
The GTC can be modified at any time without notice by GIRAPUB, the modifications then being applicable to all subsequent orders.
The applicable GTC are those in force on the day of the order.
The language proposed for the conclusion of the contract between the parties is French. You can find our sales conditions in English here.
If a condition were to fail, it would be considered to be governed by the practices in force in the sector of distance selling whose companies have headquarters in France.
2.1 / Personal data
You can consult this site, circulate through hypertext links, make simulations of orders or quotes, without giving any information about you.
Personal information that you communicate to us, especially when you register to open an account, will be considered confidential and will only be used by GIRAPUB and the Partner Companies, including FANTASTIC MOTORS® as a brand and EURÉKO as part of our business relationship.
This information enables us to perform operations relating to customer management, prospecting, the development of commercial statistics, the management of requests for the right of access, rectification and opposition, the management of unpaid and litigation, the management of promotional operations, the management of notices. This data can be used to send information and promotional offers from us, which you can unsubscribe at any time by unchecking the My Account / Manage my newsletter subscriptions page option. In accordance with the provisions of the Data Protection Act of 6 January 1978 (amended by the law of 6 August 2004 on the protection of individuals with regard to the processing of personal data), you have the right to access, rectification or opposition on your personal data collected. These rights can be exercised by contacting us by fax at +33(0)4 75 59 09 38, or by telephone at +33(0)4 75 59 06 51 or by e-mail: info [@] fantasticmotors.com
2.2 / Limitation of liability
The User uses this site at his own risk. In no event will FANTASTIC MOTORS, GIRAPUB and their representatives be held liable for any direct or indirect damages, including loss of data or programs, total or partial damage to equipment resulting from the access and use of This site.
3 / Products:
The Products governed by these Terms and Conditions, hereinafter referred to as "the Products", are those listed on the Website www.fantasticmotors.com. They are offered within the limits of available stocks or on order.
Products are described and presented as accurately as possible. However, if errors or omissions may have occurred regarding this presentation, the responsibility of GIRAPUB could not be engaged.
The photographs of the Products presented on the site are intended to illustrate a subject. In a constant effort to improve products, visible or non-visible evolutions are likely to be incorporated into the devices. Pictures are not contractual.
The essential characteristics of the product as well as its availability are indicated in its description. The product may be in stock, on order or being re-stocked. GIRAPUB ensures the accuracy of the availability of a product. However, it can not be held liable if such information proves to be inaccurate.
GIRAPUB can update, improve its cards, withdraw from sale its products.
Delivery restrictions are indicated in the product sheet.
4 / Order:
When placing the first order over the Internet, all new buyers must create a "Customer Account": an identifier ("login") and create a password.
You are solely responsible for the retention and use of these data. In case of use not planned by you, you must inform GIRAPUB immediately so that the necessary arrangements are made in due course.
It is also extremely important that you think about logging out at the end of each session.
GIRAPUB and the website www.fantasticmotors.com can not be held responsible for any breach of these obligations.
Online orders are available for deliveries in Metropolitan France.
For orders outside Metropolitan France only the creation of a quotation will be available which will trigger after validation the contact of our customer service and a purchase order will be established with the data specific to the export (VAT number of the customer, the tax-free total, the billing and delivery address)
Your order can be modified at any time before its final validation.
It will be definitively recorded only after information of the various information, validation of the final settlement and confirmation by GIRAPUB.
The order placed on our site will be canceled in the absence of reception of the payment (Validation of the payment by PAYPAL, by credit card, Reception and acceptance of the check by the bank, Advice of reception of a transfer on the part of our bank if the payment is made by transfer - without receipt of any of these means of payment the order will be canceled) or absence of supporting documents.
The contract is validly concluded because of the procedure of "double-click" (possibility of checking the detail of your order and its total price, and to correct possible errors, before confirming this one to express your acceptance). The taking into account of your order is confirmed by sending an email to the email address indicated when creating the customer account and / or a call from our customer service.
In the event that the customer does not receive a confirmation message, he is invited to contact the company as soon as possible.
GIRAPUB reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order. As part of the verification of information provided by the customer when ordering on the site www.fantasticmotors.com, our customer service reserves the right to contact the customer to complete the file. This request will have the effect of suspending the order pending the transmission of these receipts.
For export orders: It is your responsibility to inform the local authority of your country of any restrictions on the importation or use of the products or services you intend to order.
Orders can be addressed to GIRAPUB by mail, fax, internet or be phoned directly to our customer service.
Customer service: 00 33 (0) 4 75 59 06 51
5 / Price:
Our prices on our site are established EXCLUDING TAXES and ALL TAXES (France) except delivery costs. They are expressed in Euros unless otherwise stipulated and prior.
The T.V.A. in force on the French territory, and the shipping costs will be indicated during the summary of your order / estimate before the payment.
Our prices are carefully established. However, elements beyond our control may lead us to change them. The validity period of the prices is variable.
In case of disagreement, only the reference rates and validity period on paper documents sent by mail by GIRAPUB will prevail.
Our prices are for packing material ex factory CHABEUIL to which is added the shipping costs.
Our export prices are for packaged goods leaving our factories. Our equipment travels under all circumstances at the risk and peril of the recipient.
In case of display of a wrong price, obviously derisory (cheap price), whatever the reason (computer bug, manual error, technical error.), The order of the customer, even if it has already been validated by GIRAPUB, will be canceled, which GIRAPUB will inform the customer as soon as possible. The customer, if he wishes, will then have the opportunity to return his order at the price corrected and exact.
6 / Payment:
The payment of the order is made cash at the time of the validation by the customer for any order lower than 1 500.00 € HT or for any order of which all the ordered products are in stock. The payment of an order superior to 1 500.00 € HT of which the entirety of the products ordered are not in stock will give rise to the payment of a deposit of 40% with the order and balance before the delivery. The payment is proposed by credit card (CB, Visa, Mastercard, e-card), by Paypal, and by bank transfer.
In case of refusal of the payment center, paypal, the customer will be notified by email.
The payment of an order from a company outside Metropolitan France is made only by bank transfer.
When issuing an invoice following an order that has not been validated online, an order with personalization or a purchase amount greater than € 1,500.00, the payment conditions will be clearly marked on it.
Our invoices are payable in cash or at 30 days net invoice date and without discount for regular Clients after solvency study. The sums due produce interest at a rate of 1.5% per month from 30 days from the date of invoice issuance, without this clause being worth acceptance by GIRAPUB for a payment period of more than 30 days. Failure to fulfill the customer's payment obligations immediately makes all amounts due, even if not due, immediately due. The non-fulfillment of these payment terms is sufficient to justify the outright termination of the remainder of the orders, subject to our rights. Our invoices are payable to CHABEUIL, our bills or acceptances do not constitute either derogation or novation to this clause. We reserve the right to ship only against refund regardless of the method of payment stipulated.
Notwithstanding the cash payment and in accordance with the Law of Modernization of the Economy n ° 2008-776 of 4 August 2008, any late payment will automatically entail the application of a penalty equal to the interest rate charged by the ECB. its most recent refinancing operation plus 10 percentage points, due from the first day of delay.
In addition, in accordance with Decree No. 2012-1115 of October 2, 2012, any delay in payment by the Client automatically entails the application of a lump sum payment of forty (40) Euros, without prejudice to late penalties. provided for in the preceding paragraph.
6.1 / Right of withdrawal for the non-professional Client:
In accordance with Article L 121-20-2 of the Consumer Code, the usual 7-day withdrawal period can not be applied to products made to the client's specifications or clearly personalized or which, because of their nature, can not be reshipped.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) subject to the right of return will be subject to a refund after verification of the condition "fully new", products and packaging , the return costs remain the responsibility of the customer.
To exercise the right of withdrawal, the customer must notify GIRAPUB its decision to withdraw by a declaration without any ambiguity.
From the notification of its withdrawal, the buyer has a period of 14 days to return, at his own expense, to the address that was indicated to him when the GIRAPUB agreement was delivered.
Back in its original packaging, in perfect condition, complete.
The buyer's liability may be incurred in case of depreciation of goods resulting from manipulation
7 / Warranty:
Our products are neither taken back nor exchanged. The warranty period of our equipment against any defect of construction or operation and against defects in material is one year from the date of shipment, unless otherwise expressly stipulated. The warranty is mandatory in our factories and means the replacement pure and simple defective parts recognized. The warranty will not be valid if the user intervenes in the delivered products or uses that do not comply with the instructions for use. The costs of return and return of these parts remain the responsibility of the Customer. The guarantee does not apply to replacements or repairs, which would result from normal wear and tear of the equipment, damage or accidents caused by negligence or use of the appliances for a purpose other than that for which they were intended. . The repair, modification or replacement of parts during the warranty period can not have the effect of extending the warranty period of the equipment.
8 / Intellectual property:
This site is a work of which GIRAPUB is the author within the meaning of articles L 111.1 and following the code of intellectual property.
The studies, trademarks, logos, drawings, models, visual elements and documents of any kind given or sent by us and / or present on the site are the property of GIRAPUB or third parties having authorized GIRAPUB to use them.
The products presented are for the most part protected by patent and / or are subject to a model filing.
Any reproduction, in any medium, of all or part of the site is prohibited without the prior written consent of GIRAPUB.
However, when the use of a partial reproduction is personal and non-commercial, or to inform one of your own Clients for a specific case, these are authorized following receipt of your email informing us.
We inform you that any total or partial reproduction, and use of this site and its constituents, without the prior written agreement of GIRAPUB, constitutes an offense of counterfeiting. They must be returned to us on our request. We fully retain the intellectual property of our projects, studies and documents that can not be communicated, executed or reproduced without our written permission.
Anyone who publishes a website and wishes to create a direct hypertext link to the Site must request permission from GIRAPUB in writing. This authorization will not be granted in a definitive way. This link must be removed at the request of GIRAPUB. Hypertext links to the Site that use techniques such as framing or in-line linking are strictly prohibited.
FANTASTIC MOTORS® and GIRAPUB are registered trademarks.
Other brands may be cited. They are usually identifiable by their first letter in capital letters or by their entirety in capital letters.
The use, reproduction, affixing of these marks is prohibited without the prior written consent of FANTASTIC MOTORS® or the owner of the mark.
9 / Duration:
These conditions apply throughout the duration of online services offered by the company GIRAPUB.
APPLICABLE LAW AND JURISDICTION
In the event of any dispute, the Commercial Court of ROMANS will have sole jurisdiction, even in the event of an appeal in warranty, of multiple defendants and notwithstanding any clause to the contrary. French law is applicable only.
This site complies with the French legislation, and in any case, GIRAPUB does not give a guarantee of conformity with the local legislation which would be applicable to you, since you access the site from other countries.
GIRAPUB will not be liable for any damages or costs arising from the use or inability to use the product.
10 / DELIVERY CONDITIONS
(No delivery on Saturdays, Sundays and holidays)
Before taking care of your parcel and signing the delivery note, check your parcel: a signed delivery note validates the delivery.
We recommend that you open the package (s) and verify the integrity of the contents in the presence of the delivery person BEFORE signing the delivery note.
If the driver does not give you time to check the condition of the goods (quality / quantity), you must specify on the delivery note: "The driver did not wish to stay". Only reservations written in a precise way can be taken into account by the carrier: "Trace of blow", "Depressing on the left side", etc ... Note that the mentions "subject to unpacking // of good functioning" are not not recognized by carriers in case of dispute.
Do not hesitate to contact us at +33(0)4 75 59 06 51 in parallel.
10.1 / Delivery in Metropolitan France:
Carrier indicative time: 48h / 72h.
Packages larger than 30 kg or bulky requiring palletizing or forklift will be shipped by a carrier suitable for shipping. The estimate of the cost of transport will be indicated at the time of your quote request.
The final price and the confirmation of the delay of the transport will be communicated to you by mail during a request received the day before a working day.
It is important to tell us if the tracks are accessible for any type of delivery vehicle, and if you are equipped with unloading means (forklift, unloading platform). We must also know your reception hours if you have a specific organization on the management of the unloading platforms.
A question ? Do not hesitate to contact us by phone, or leave us a message through the Contact form
In case of absence a notice will be left to invite you to schedule a new appointment.
We can not be held responsible for late delivery or even failure to deliver, especially in the following cases: fire, strike, delay in the execution of tools and parts, modification in the manufacturing occurring during execution, shortage supplies and more generally in all cases constituting force majeure according to the case law. The order confirmation specifies the name of the person who makes the delivery when it is not GIRAPUB who realizes it. In case of delay, the customer will not be able to claim any compensation in any title whatsoever.
10.2 / Package delivered against signature
Delivery will be possible after selecting "Cash on Delivery". When the driver will present you will have to give him a check of the total of the order and to the order of GIRAPUB otherwise he will not be able to leave you the parcel.
Attention: in case of refusal of the package from you, the transport costs will remain at your expense.
In the case of a representation of the package: the additional costs will be for you.
10.3 / Delivery outside Metropolitan France
Girapub will transmit in its quote or order confirmation the export rates and deadlines provided by the carrier consulted.
To be eligible for delivery, an order must meet the following criteria:
The order must be entered and validated before 13h (Paris time), otherwise the delivery will be made the day after tomorrow
The order must be placed the day before a business day and all items must be available in sufficient quantity
The order must be registered on an account previously validated by our services. If not, we may ask you for supporting documents (the order will not be processed without validation of these documents)
11 / RESERVATION OF PROPERTY:
The goods delivered to you and invoiced will remain the property of GIRAPUB until full payment of their price. Failure to pay in full may result in GIRAPUB claiming the goods, the refund being immediate and the goods delivered at your expense, risk and peril. During the period from delivery to the transfer of ownership, the risk of loss, theft or destruction, as well as any damage you may cause are your responsibility.
12 / CLAIMS:
To be admissible, any complaint must reach us within three days of receipt of the goods. By phone at +33(0)4 75 59 06 51 or email
