Terms of Sales

TERMS OF SALES


We are delighted to welcome you to our site https://maxymotors.fr/


These general conditions of sale determine the rights and obligations of the parties. They are systematically accessible on this Site by the Customer at the time of the Order. Consequently, placing an order implies the Customer's full and unreserved acceptance of these general conditions of sale. By validating his order on the website https://maxymotors.fr/ (hereinafter the “site”), the customer acknowledges having read all of our general conditions of sale and automatically accepts them.


ARTICLE 1. PARTIES


These general conditions apply between:

  • Maxy Motors, 17130 Montendre, France, email: maxymotors.jm@gmail.com, hereinafter “Maxy Motors”

  • And any person, natural or legal, placing an order on the site https://maxymotors.fr/, hereinafter “the Customer”.

ARTICLE 2. DEFINITIONS


“Customer”: any person, natural or legal, registered on the Site and/or who purchases a product via the Site.


“Product”: goods of any kind sold on the Site by Maxy Motors to Customers.


“Order”: the process consisting of the Customer choosing the Products he wants to purchase and receive delivery. The Order is finalized when the Customer has paid the amount to be paid. Once finalized, Maxy Motors will ship the Products according to the models in these General Terms and Conditions.


“Site Content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.


“Parties”: jointly refers to Maxy Motors and the Users of the Site.


“User”: designates any natural or legal person accessing the Site, whether they are a Customer or not.


“Site”: website accessible at the URL https://maxymotors.fr/, as well as the related subsites and URL variations.


 


ARTICLE 3. SCOPE OF APPLICATION


The Site is freely accessible to any User. All Users undertake to respect, without restriction or reservation, these General Terms and Conditions, whether they visit the Site or place an Order. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will constitute full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box. The user acknowledges having read them fully and accepts them without restriction. Validation of the order constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.


The version of the General Terms and Conditions which prevails is the latest version available on the Site.


The version applicable to an Order is that in force on the date the order is placed.


The Customer recognizes the evidentiary value of Maxy Motors' automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.


The Customer must be a duly represented legal entity or an adult natural person with the legal capacity to place an Order on the Site. Failing this, he must have authorization from his legal representative to place an Order, which he expressly acknowledges and accepts.


 


ARTICLE 4. ORDER


Any Order constitutes acceptance of these General Conditions of Sale.


Before validating his Order, the Customer has the possibility of checking the details of his draft Order and correcting any errors.


If the order suits him, the Customer can validate it. He then accesses a form on which he can either enter his connection details if he already has them, or register on the Site by completing the registration form using personal information concerning him, and in particular the information of delivery and billing.


The distance sales contract is concluded from the moment the Customer confirms his order by validating the payment. He is considered to have knowingly accepted the content and conditions of the Order in question and in particular these General Conditions of Sale, the fact that his Order implies an obligation of payment on his part, the prices, volumes, characteristics , quantities and delivery times of the products offered for sale and ordered by the Customer


Once this step has been validated, the Customer will no longer be able to cancel their Order. The sale will be final (subject to the buyer exercising his right of withdrawal under the conditions provided for in article 11 of these General Conditions of Sale). The Order will be confirmed to the buyer and an email will be sent to them when their Order is shipped.


ARTICLE 5. PRODUCTS


The products visible on the Site are only deliverable while stocks last. In the event that the Product ordered is unavailable, Maxy Motors undertakes to inform the Customer as quickly as possible by email. The Customer will then have the option of choosing another Product or canceling their Order and being refunded.


Any complaint from the Customer regarding the Order or the delivery of an unavailable Product will be considered unfounded.


Maxy Motors strives to describe the Products offered for sale as accurately as possible. However, if errors may have occurred in this presentation, Maxy Motors cannot be held responsible. The Customer who wishes to receive additional information about a Product is invited to contact Customer Service at the following address: maxymotors.jm@gmail.com.


Furthermore, illustrations and photos of products supporting the text do not fall within the contractual scope. Maxy Motors makes its best efforts to ensure that the photos / illustrations of the Products conform as closely as possible to the Products actually delivered to the Customer. Under no circumstances can Maxy Motors be held liable on the basis of said illustrations/photos.


 


ARTICLE 6. PRICE


The prices applied to the Customer are those displayed on the Site at the time of their Order. Maxy Motors reserves the right to modify its prices without notice. All prices presented on the Site are indicated in euros, VAT not applicable under article 293 B of the general tax code. They do not include shipping costs.


Shipping costs will be indicated before validation of the Order by the Customer. The different shipping methods appear on the Site, they may be modified at any time by Maxy Motors.


Promotional Offers are only valid within the limit of the validity period of the offer concerned.


 


ARTICLE 7. PROMOTIONAL CODES


Promotional codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by Maxy Motors. These codes are not refundable upon exchange.


 


ARTICLE 8. PAYMENT


The Customer can make payment by Paypal or by credit card.


Payments by credit card are made using secure transactions. Maxy Motors does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the banking establishment.


Payments made by the Customer will only be considered final after actual collection of the sums due by Maxy Motors. Delivery times only begin to run from the date payment is received by Maxy Motors.


Maxy Motors will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.


Maxy Motors reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current Orders placed by the Customer.


The Products remain the entire property of Maxy Motors until full receipt of the price by Maxy Motors.


 


ARTICLE 9. BILLING


Maxy Motors provides the Customer with an electronic invoice after each payment to the email address provided by the Customer at the time of their Order. The Customer expressly agrees to receive invoices electronically. The Customer is advised to save or print his invoice and keep it.


ARTICLE 10. DELIVERY


The Product will be delivered to the contact details indicated by the Customer on the form completed during the Order. In the event of an error in the address indicated by the Customer which would result in the return of the package to the Maxy Motors warehouses, the Customer will be required to pay shipping costs again so that the package can be sent back to them.


Delivery costs are indicated on the Site during the Order process and must be accepted by the Customer at the time of validation of the Order.


They appear on a specific line distinct from that specifying the price of the Products.


It is specified that the amount of delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts.


Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.


The Order Products are shipped by Colissimo. Delivery time depends on the country. In the event that shipping times cannot be met, an email is sent to the Customer.


However, as Maxy Motors uses external service providers (carriers, postal services, etc.) for the delivery of Products, Maxy Motors is entirely dependent on these third-party service providers. Delivery times indicated on the Site may thus be impacted by service providers without Maxy Motors being responsible for these delivery delays and the consequences that could result from them.


Any order placed on the Site for delivery outside Metropolitan France may be subject to customs duties or other local taxes or import duties or state taxes in the country of destination. The payment of these rights and sums is the entire responsibility of the Customer.

Maxy Motors is not required to check/inform the Customer of applicable customs duties and taxes, the Customer is required to take these steps.


ARTICLE 11. RETURN & EXCHANGE


In the event of damage noted on a package during delivery, it is up to the customer to make reservations with the transport organization and to send a copy of the deterioration declaration to Maxy Motors by email to customer service on the email maxymotors.jm@gmail.com within 48 hours.


In accordance with article L221-24 of the Consumer Code, the Customer has a period of 14 days from receipt of their order to exercise their right of withdrawal. The Customer may request an exchange or refund of the Product(s) purchased provided that the Products are intact, unused and are returned in their original packaging allowing them to be put back on the market, accompanied by the purchase invoice. Returns are the responsibility of the Customer.


Beyond the 14-day period, Maxy Motors will be free to refuse the exchange, credit or refund.


To exercise the right of withdrawal, the Customer must notify Maxy Motors customer service at maxymotors.jm@gmail.com of his decision to withdraw before the expiry of the period. The Customer can use the model withdrawal form shown below:


I hereby notify you of my withdrawal from the contract relating to the sale of the Product below:


Product :


Ordered on


Received on:


Order number :


Client name :


Customer Address:


Customer Tel:


Customer email address:


Client's signature :


Date :


If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased will be refunded. Return costs remain the responsibility of the Customer.

 

ARTICLE 12. CONFIDENTIALITY


For the purposes of mail order sales, Maxy Motors records the Customer's contact details. Maxy Motors undertakes not to use this data for other purposes. In accordance with the “Informatique et Libertés” law n°78-17 of January 6, 1978, the processing of the Customer's personal data is governed by the CNIL and the Customer has a right of access, modification, rectification and to delete data concerning him by contacting Maxy Motors, 17130 Montendre – maxymotors.jm@gmail.com


The Customer can subscribe to the Maxy Motors newsletter and thus choose to be regularly informed of the offers offered. You can unsubscribe at any time.


ARTICLE 13. INTELLECTUAL PROPERTY


The Site and all elements found there, whether visual, textual and audio, are the exclusive property of Maxy Motors. Any total or partial reproduction without agreement is prohibited and punishable by law.

 

ARTICLE 14. CUSTOMER SERVICE AND After-sales service


You can contact Customer Service free of charge by email for any questions relating to your order, shipping and tracking at: maxymotors.jm@gmail.com

 

ARTICLE 15. LIABILITY


The Products offered for sale comply with current French legislation.


This agreement is subject to French law. The language of this contract is French.


Maxy Motors cannot be held responsible for non-performance of the sales contract in the event of force majeure, particularly in the event of a strike.


Maxy Motors disclaims all responsibility for the use that the Customer will make of the products. In no way do the comments and information provided on this site constitute a recommendation for treatment (preventive or curative), a prescription or a diagnosis nor should they be considered as such. Maxy Motors assumes no responsibility for the consequences that the use of this information could have.


Maxy Motors cannot be held liable in any way whatsoever for contractual non-performance in the following cases:


  • In the event of inaccuracy of the information provided on the Site,

  • In the event of a technical problem preventing access to the Site,

  • In the event of intrusion or presence of a computer virus on the Site, in the event of stock shortages or unavailability of a Product offered on the Site,

  • In the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communication,

  • In the event of force majeure, pandemic,

  • In the event of delay or damage in the delivery of the Products ordered when these are due to a fault of the Customer, to an unforeseeable and insurmountable act of a third party,

  • In the event of physical damage caused to the Customer due to the use of products ordered via the Site when this damage is due to a fault of the Customer, to an unforeseeable and insurmountable event of a third party to the contract.