GENERAL TERMS OF SALE
SCOPE AND DEFINITIONS
The following General
Terms of Sale are applicable to all commercial transactions taking place
between JEAN BUSER SARL (« the Seller ») and any person (“the BUYER”)
that has purchased merchandise through the SELLER’s strorefront or via
Any purchase of
merchandise at our storefront or via Internet automatically implies the
acceptance by the BUYER of the present General Terms of Sale.
acknowledges to have a complete knowledge of the aforesaid General Terms of
Sale and therefore forfeits any recourse using any opposing document to these
No exemptions to
these present General Terms of Sale brought forth by the BUYER shall be
applicable unless the SELLER specifically and explicitly agrees to them in
writing. The SELLER is entitled to modify the present General Terms of Sale at
any time and without prior notice.
to the General Terms of Sale will be posted in the storefront and through the
SELLER’s Internet site.
CATALOGUES AND PRICES
The SELLER is
bound to deliver the merchandise featured in the catalogues only to the extent
of available stocks.
in our pricing schedules are given for INFORMATION PURPOSES ONLY and are
DISPLAYED WITHOUT TAXES. They are subject to variations due to fluctuating
economic conditions and prevailing currency rates at the time of purchase.
web-supported catalogues from the SELLER and not binding offers.
are non-binding and may be subject to modification without prior notice.
CONDITIONS OF PAYMENT
specified, payment of merchandise is in cash, with no discount, and in euros.
payments are not accepted.
In accordance with
the provisions of the Statute of December 31, 1992 relative to payment delays,
all invoices will have to be paid by the due date listed on these documents. No
discount will be given for advance payment.
occur past the due date listed on the invoice, and immediately following a past due notice that
would have remained unanswered, the amount invoiced without tax will generate
interest from the initial due date onwards. Interest generated will be equal to
one-and-a-half times the legal interest rate that was current on the date the
invoice was due.
DELIVERY LEAD TIMES
merchandise is carried out by vendors that are not related to the
Delivery dates or
delivery estimates listed on the documents or order confirmations issued by the
SELLER are for information purposes only and are NON-BINDING.
The SELLER shall
not be held accountable for any delivery delays or a late delivery.
RETENTION OF OWNERSHIP OF GOODS
All sold goods
shall remain, notwithstanding any provision to the contrary, the SELLER’s property
until complete payment of their purchase price, including accessories, is made.
In case of checks
or other financial instruments being deposited, payment will be considered
effective only after these have cleared.
TRANSPORT - CUSTOMS
insurance, customs clearance and handling costs of merchandise are carried out
at the Buyer’s cost, and under the Buyer’s responsibility and oversight. It is the Buyer’s responsibility to monitor
and oversee transportation of merchandise.
Any and all
damages to sold merchandise during transport will have to be notified
immediately to the carrier.
The SELLER shall
not be held accountable because of damages to goods arising during
WARRANTY AGAINST HIDDEN DEFECTS
RESPONSIBILITY TOWARDS INSURANCE
Subject to the
provisions below, the Buyer is entitled to the legal warranty against hidden
defects (Article 1641 and following of the French Civil Code).
discovered on the merchandise that was sold must be notified to the SELLER
within 8 days from the invoice date.
timeframe, merchandise WILL NOT BE TAKEN BACK OR EXCHANGED.
The evidence of a
material defect on the merchandise does not give rise to a discount on the
SELLER will not be liable for any warranty claims when:
- the good(s)
would not have been properly selected or used,
- damage on the
part(s) arise from normal wear,
- there is
evidence of a lack of maintenance, a defective installation, abnormal use or
handling, or improper storage of the part(s).
following goods are excluded from the warranty imputable to the SELLER,
regardless of the date of notification of material defects made to the
manufacturers of such goods:
- bearing sets,
- piston rings,
- gasket sets,
parts, including those involved in fuel delivery.
No returns shall
be accepted without the SELLER’s prior consent.
When the SELLER is
bound to honor a warranty against hidden defects to the BUYER, the SELLER will
only be liable to the BUYER for the replacement of the merchandise that has
been recognized being defective, all other compensations being excluded.
The BUYER is
responsible for the subscription to all appropriate insurance(s).
RETURNS OF NEW PARTS – CREDIT MEMOS
Any return of
merchandise that is carried out within the framework of an exchange or return
within the conditions listed above, or which is caused by a shipment error on
behalf of the SELLER, must conform to the guidelines spelled out in the present
The part must be
returned in its original packaging and it must be readily marketable, that is,
it must not have been installed in the vehicle.
Any request for a
return will have to be communicated to the SELLER in advance.
relationships between the BUYER and the SELLER are governed exclusively by
having jurisdiction over the SELLER’s place of business are the only competent
tribunals to deal with any litigation arising between the SELLER and the BUYER.
As an exception to
the above paragraph, the SELLER will have the liberty to legally engage the
BUYER in the law courts that have jurisdiction over the BUYER’s domicile or
place of business.
The JEAN BUSER
trademark, web domain name, and graphic logotypes are protected under author
and trademark copyright laws.
content, commentaries, and images present in the SELLER’s catalogues and the
Internet website are protected by the provisions of the Intellectual
Only their use for
private purposes is permitted. Any reproduction (whether in its entirety or in
parts thereof) of the SELLER’s catalogues is strictly prohibited.
recognizes the inherent danger of certain mechanical procedures performed on
motor vehicles and the necessity to have regular checks performed by a professional
The SELLER shall
not be held accountable because of damages arising from an inappropriate
installation of a part or a procedure performed incorrectly on any vehicle.
acknowledges that (s)he bears the sole responsibility for any installation or use made of any goods
obtained from the SELLER.
In accordance with
French "Loi informatique et libertés"
(French Data Protection Act) dated January 6, 1978, in its version
stemming from the Law of August 6, 2004, the SELLER will protect the
confidentiality of personal information that the BUYER has communicated to him
with the purchase.
accordance with French "Loi informatique et libertés" (French Data
Protection Act) dated January 6, 1978, the BUYER is entitled to access,
rectify, and challenge any personal information that concerns him (her).
Should the BUYER
want to exercise this right, the BUYER will inform the SELLER thereof through
written correspondence or email.
acceptance of these General Terms of Sale, the BUYER acknowledges to have read
the SELLER’s policy of personal data protection and the BUYER agrees to the
SELLER’s gathering and use of this data.
Retail prices are
listed in € with VAT included (for pricing schedule for Professionals please