General conditions of sale on the Internet of SWAP SARL


Preface


The present general conditions of sale apply to all sales and services concluded on the website Swap-Europe.com.
The website https://www.swap-europe.com/fr/ is a service of:
The website swap-europe.com sells the following products and services: spare parts for power tools, thermal, electric and battery garden tools, household equipment, after-sales services, repairs and installations.
The customer declares to have taken knowledge and accepted the general conditions of sale prior to placing their order. The validation of the order therefore constitutes acceptance of the general conditions of sale.

Article 1 – Principles


The present general conditions of sale govern the entirety of the obligations of the parties.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify these general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
The present general conditions of sale are applicable until December 31, 2023.

Professional clients
The buyer is deemed to accept them without reservation. The present conditions apply to the exclusion of all other conditions, in particular those applicable for sales in stores or through other distribution or marketing channels.

Professional clients
These general conditions constitute the unique basis of the commercial relationship between the parties, and in this sense the buyer is deemed to accept them without reservation.
They prevail over any other document, and in particular over all other general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.

Article 2 – Content


The present general conditions aim to define the rights and obligations of the parties within the framework of online sales of goods, products and services offered by the seller to the buyer.
They only concern purchases made on the seller's website and delivered exclusively in mainland France and Corsica. For any delivery in the DOM-TOM or abroad, it is necessary to indicate it to obtain a specific quote.

Validity of the information published on the site
Swap-europe.com pays particular attention to this aspect. The photographs illustrating the products do not fall within the contractual scope. The texts, graphics, information and characteristics reproduced illustrating the products are given for indicative purposes and are subject to modification without notice.

Article 3 - Pre-contractual information for individual clients


The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and comprehensible manner, the present general conditions of sale and all the information listed in article L. 221-5 of the consumer code.
The following information is transmitted to the buyer in a clear and comprehensible manner:

Article 4 - Order:


The buyer has the possibility to place their order online, from the online catalog and using the form provided, for any product, within the limits of available stocks, and for any service.
For the order to be validated, the buyer must accept, by clicking in the indicated place, the present general conditions. They must also choose the address and mode of delivery, and finally validate the payment method.
The sale will be considered definitive:
Any order constitutes acceptance of the prices and the description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably in the event of non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The buyer will be informed of any unavailability of the ordered product or good, or of the expected service. The partial cancellation of an order, due to the unavailability of a product, may be subject to a refund at the request of the customer, the rest of the order remaining firm and definitive.
Any order that has not yet been fulfilled may be canceled, the seller reserves the right to retain 15% of the amount for processing fees upon refund.
For any questions regarding the follow-up of an order, the buyer can call the following phone number: 05 32 93 04 70 (cost of a local call), on the following days and times: Monday to Friday from 8:30 am to 7:30 pm, or send an email to the seller at the following email address: [email protected].

Article 5 - Electronic signature


The online provision of bank details and/or the buyer's credit card number and the final validation of the order will serve as proof of the buyer's agreement:
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following phone number: 05 32 93 04 70

Article 6 - Order confirmation


The seller provides the buyer with an order confirmation, by electronic messaging.

Article 7 - Proof of transaction


The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments that occurred between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 - Products


All parts offered on Swap-europe.com are original unless specifically mentioned as "compatible and adaptable parts" on the product sheet. They can only be mounted by a competent person and under their sole responsibility.
Swap-europe.com cannot be held responsible for the consequences of improper assembly or the use of an unsuitable product.
All mentioned brands belong to their respective owners and are mentioned only for reference. Our stock of parts includes many references compatible with products from major brands.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, the seller's liability cannot be engaged.
The photographs of the products are not contractual.

Article 9 - Availability and delay


The seller honors orders within the limits of available stocks at Swap-europe.com and its suppliers within a period of 2 to 8 days. There may be longer delays for products or services that will be indicated by email in the days following the order.
In the event of proven unavailability of the ordered product, or in the event of the buyer's non-acceptance of the delivery time imposed by this unavailability, Swap-europe.com may propose by email a replacement product to the buyer who will retain full latitude to accept or refuse it.
In the event that the buyer refuses the replacement product, Swap-europe.com cannot be held responsible for the unavailability of the ordered product or service.
In the event of unavailability of all or part of the order, and refusal of the delivery time or replacement products by the buyer, the seller will inform the buyer by email and will proceed to a refund of the product(s) and services, and any shipping costs, within the limits of the amounts incurred. This refund will take the form of either a refund to the buyer if payment has been made, which will be made directly to the buyer's bank account in the case of payment by credit card, or by check in the case of payment by check if the refund to the bank account is not possible.
Swap-europe.com cannot be held responsible for non-performance of the contract concluded in the event of stock break or unavailability of the product, force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications, flooding, fire. Swap-europe.com will not incur any liability for any indirect damages resulting from the present, loss of business, loss of profit, damages or costs, which may arise from the purchase of the products.

Article 10 – Execution of the service and termination of the contract

Only for individual clients:
Unless expressly stated otherwise for the sale, the execution of the service will take place within a period of 30 days from the receipt by the seller of a properly completed order;
In the event of the seller's failure to fulfill its obligation to execute on the date or at the expiration of the above-mentioned deadline, or, failing that, at the latest 30 days after the conclusion of the contract, the buyer may terminate the service contract, under the conditions of articles L.216-2 and L.216-3 and L.216-4 of the consumer code, by registered letter with acknowledgment of receipt or in writing on a durable medium, if, after having requested, according to the same modalities, the professional to provide the service within a reasonable additional time, the latter has not executed within this time.
The contract is considered terminated upon receipt by the professional of the letter or writing informing them of this termination, unless the professional has executed in the meantime. Nevertheless, the buyer may immediately terminate the contract when the professional refuses to provide the service or when they do not fulfill their obligation to provide the service on the scheduled date, if this date or deadline constitutes an essential condition of the contract for the buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the consumer before the conclusion of the contract.
The costs and risks related to this operation are the sole responsibility of the service provider. Except in cases of force majeure, any deposit possibly paid at the time of order is acquired by right and cannot give rise to any refund.

Article 11 - Price


The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.
The selling prices of the products and services are those in force at the time of recording the order expressed in euros, excluding any shipping costs. Regardless of its country of origin, any order is payable in euros (unless otherwise stated for a given country). The selling prices of the products and services presented on Swap-europe.com may be modified at any time, without notice.
The selling prices are net prices. A contribution to delivery costs, if requested, is clearly mentioned on the final validation slip as well as the total amount to be paid.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products and services in the online store.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether upwards or downwards, this change may be reflected in the selling price.
The payment of the full price must be made at the time of the order. At no time can the sums paid be considered as deposits or down payments.

Article 12 - Payment method


This is an order with a payment obligation, which means that placing the order involves a payment by the buyer.
To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have any necessary authorizations to use the payment method chosen by them, at the time of validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment. The seller also reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administrated.
The payment of the price is made in full on the day of the order, according to the following methods:
When an order is paid by check or credit card, in order to verify the validity of the information provided, the seller may check certain parameters of the order. This verification is carried out in the interest of the buyer. In certain cases, the seller may request certain documents, such as a copy of an identity document (front and back), proof of address, an extract Kbis for professional clients.

Article 13 – Delivery Method


The seller will provide as soon as possible a link that will allow the buyer to track the delivery of their package online.
Delivery means the transfer to the consumer of the physical possession or control of the good. The ordered products are delivered according to the modalities and the deadline specified below.
The products purchased on Swap-europe.com are delivered to the delivery address indicated by the buyer at the time of validation of the order. Swap-europe.com will have the possibility to split deliveries. Any contribution to processing and shipping costs will only be charged for a single shipment. Swap-europe.com cannot be held responsible for the consequences of a delay in delivery. In case of abnormal delay, an email will be sent to the buyer. In case of payment by check or transfer, the order will only be processed upon receipt of payment. Consequently, the applicable deadlines in this case are those on the day of receipt of payment.
Any package returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. The buyer may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be picked up at the indicated place and time.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by them, has signed the delivery slip.
The buyer must then confirm by registered letter with acknowledgment of receipt their reservations to the carrier no later than 2 working days following the receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days following delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).

Article 14 - Delivery errors


The buyer must formulate any claim for delivery error and/or non-compliance of the products in nature or quality with respect to the indications on the order form on the same day of delivery or at the latest within 2 working days following delivery. Any claim made beyond this period will be rejected.
The claim may be made, at the buyer's choice:
Any claim not made in accordance with the rules defined above and within the allotted time cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the assignment of the exchange number.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 32 Rue Aristide Bergès – 31270 Cugnaux
The return costs are the responsibility of the seller.

Article 15 – Right of withdrawal

Individual clients
Application of the right of withdrawal
In accordance with the provisions of the consumer code, the buyer has a period of 14 days from the date of delivery of their order, to return any item that does not suit them and request an exchange or refund without penalty, except for return costs which remain the responsibility of the buyer.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing their re-marketing as new, accompanied by the purchase invoice.
If the item is returned incomplete or damaged, a non-refund or a reduction may be applied according to the diagnosis made by the seller's after-sales service which will justify itself to the customer by communicating a document summarizing this diagnosis.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the intention to withdraw.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or a refund. The latter will be carried out within an average period of one month after receipt of the products by us. The refund will be made by bank check addressed to the name of the customer who placed the order and to the billing address or by crediting the customer's credit card according to the payment method used.
Return address:
SWAP-EUROPE.com-32 Rue Aristide Bergès-31270 CUGNAUX
Exception
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

Professional clients
The buyer being a professional purchasing within the framework and for the needs of their profession, there is no need to apply the right of withdrawal provided for by the consumer code.

Article 16 - Force majeure


All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and entail their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as cases of force majeure all facts or irresistible circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and that cannot be prevented by them, despite all reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the interruption of telecommunication networks or difficulties specific to telecommunication networks external to clients.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure case lasts more than three months, the present general conditions may be terminated by the harmed party.

Article 17 - Guarantees


For all products purchased on swap-europe.com, you benefit from a 3-month warranty, provided that the product has been installed by a repairer approved by Swap-Europe. To benefit from the warranty of the products, it is imperative to keep the purchase invoice of the product and a proof of intervention from the approved repairer.
Exclusions from the warranty, the warranties do not cover:
For products equipped with Briggs and Stratton, Honda, Kawasaki engines, only the warranty conditions of the brand will apply to the concerned engine.
Any return of the product under the aforementioned warranty must be subject to prior agreement with swap-europe.com. To this end, the buyer must contact the seller from the customer area: https://services.swap-europe.com/warranty
All costs and risks related to the return of the product are the responsibility of the buyer.

Article 18 - Applicable law and jurisdiction:


The present contract is subject to French law. The language of the present contract is French. In case of dispute, the courts of Toulouse (France) will be competent, but the non-professional consumer may also approach the jurisdiction of their domicile, located on French territory.

Article 19 - Intellectual property


The content of the website remains the property of the seller, the sole holder of the intellectual property rights on this content.
The buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 20 - Computers and Freedoms


The personal data provided by the buyer are necessary for the processing of their order and for the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of the information communicated through the swap-europe website has been the subject of a declaration to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition concerning the information concerning them. This right can be exercised under the conditions and according to the modalities defined on the swap-europe website.

Article 21 - Partial non-validation


If one or more stipulations of the present general conditions are held to be invalid or declared as such under a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

Article 22 - Non-renunciation


The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in the present general conditions cannot be interpreted in the future as a waiver of the obligation in question.

Article 23 - Title


In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 24 - Language of the contract


The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 25 - Mediation and dispute resolution, individual clients


The buyer, individual client, may resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute. The names, contact details and email address of the mediator are available on our site.
In accordance with article L. 152-1 of the consumer code, you can resort free of charge to the MEDICYS mediation service of which we are part electronically:
https://app.medicys-consommation.fr/?proId=2a3284...
or by post: Concord - 73, Boulevard de Clichy - 75009 Paris

Article 26 - Applicable law


The present general conditions are subject to the application of French law.

Individual clients

The competent court is the judicial court.
It is the same for substantive rules as for formal rules. In case of dispute or claim, the buyer will address primarily to the seller to obtain an amicable solution.

Professional clients

The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the contract. If they do not succeed, the parties will submit the dispute to the commercial court.

Article 27 - Protection of personal data

Collected data

The personal data collected on this site are as follows:

Use of personal data

The personal data collected from users aim to provide the services of the website, their improvement and maintaining a secure environment. More specifically, the uses are as follows:

Sharing personal data with third parties

Personal data may be shared with third-party companies, in the following cases:

Security and confidentiality

The website implements organizational, technical, software and physical measures regarding digital security to protect personal data against alterations, destructions and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
In accordance with article L.223-2 of the consumer code, the consumer has the right to register on a list of opposition to telephone canvassing via the website www.bloctel.gouv.fr

Implementation of users' rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: [email protected]

Evolution of this clause

The website reserves the right to make any modifications to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.


ANNEXES

Consumer Code


Article L. 217-4: “The seller delivers a good in conformity with the contract and is liable for the defects of conformity existing at the time of delivery.
It is also liable for the defects of conformity resulting from the packaging, assembly instructions or installation when it has been placed under its responsibility by the contract or has been carried out under its responsibility.”

Article L. 217-5: “The good is in conformity with the contract:
1° If it is suitable for the usual expected use of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.”

Article L. 217-6: “The seller is not bound by the public statements of the producer or their representative if it is established that they did not know them and were legitimately not in a position to know them.”

Article L. 217-7: “The defects of conformity that appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller may contest this presumption if it is not compatible with the nature of the good or the defect of conformity invoked.”

Article L. 217-8: “The buyer is entitled to demand the conformity of the good to the contract. However, they cannot contest the conformity by invoking a defect that they knew or could not ignore when they contracted. The same applies when the defect originates in materials they supplied themselves.”

Article L. 217-9: “In case of defect of conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate in relation to the other modality, given the value of the good or the importance of the defect. They are then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.”

Article L. 217-10: “If the repair and replacement of the good are impossible, the buyer may return the good and obtain a refund of the price or keep the good and obtain a part of the price. The same option is open to them: 1° If the requested, proposed or agreed solution under article L. 217-9 cannot be implemented within one month following the buyer's claim; 2° Or if this solution cannot be implemented without major inconvenience for them given the nature of the good and the use they are seeking. The resolution of the sale cannot however be pronounced if the defect of conformity is minor.”

Article L. 217-11: “The application of the provisions of articles L. 217-9 and L. 217-10 occurs without any cost for the buyer. These same provisions do not prevent the allocation of damages.”

Article L. 217-12: “The action resulting from the defect of conformity is time-barred two years from the delivery of the good.”

Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as provided for in articles 1641 to 1649 of the civil code or any other action of contractual or extracontractual nature recognized by law.”

Article L. 217-14: “The recourse action can be exercised by the final seller against the sellers or successive intermediaries and the producer of the tangible movable good, according to the principles of the civil code.

Article L. 217-15: “The commercial guarantee means any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service related to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee is the subject of a written contract, of which a copy is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects of the sold thing, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are fully reproduced in the contract.
In case of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to invoke it.”

Article L. 217-16: “When the buyer requests the seller, during the course of the commercial guarantee granted to them at the time of acquisition or repair of a movable good, a restoration covered by the guarantee, any immobilization period of at least seven days will be added to the duration of the guarantee that remained to run.
This period runs from the buyer's request for intervention or the availability for repair of the good in question, if this availability is subsequent to the request for intervention.”

Civil Code

Article 1641: “The seller is liable for the guarantee due to hidden defects of the sold thing that render it unfit for the use for which it is intended, or that diminish this use so much that the buyer would not have acquired it, or would have given a lower price if they had known them.”

Article 1648: “The action resulting from hidden defects must be brought by the acquirer, within a period of two years from the discovery of the defect. In the case provided for in article 1642-1, the action must be introduced, under penalty of foreclosure, within the year following the date on which the seller can be discharged from the defects or apparent conformity defects.”