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Terms and Conditions Introduction and applicable law
The General Conditions of sale detailed herebelow govern the contractual relationship between the website User (customer) and "TAT concept" and/or "DLC"(Djioann Light Concept) companies depending on the product concerned. These General Conditions of Sale are the only ones applicable. They replace and nullify any and all other conditions, unless previously agreed in writing. "TAT concept" or "DLC" may occasionally be required to amend some of its Terms and Conditions. These General Conditions of Sale have been done under the law in force. In case of any change in the said law for reasons beyond the control of "TAT concept" and/or "DLC", the said companies could possibly be forced to change the contents of their General Conditions and/or to suspend them. These changes are binding from the moment they are posted online but do not apply to contracts concluded earlier. Every purchase made on the website is governed by the Terms and Conditions applicable at time of the order. Accordingly they must be read by the User (customer) on the occasion of each visit and before each order. Consequently, the fact of placing an order implies full and unconditional acceptance from the part of the User (customer) of these General Conditions of Sale. By mutual consent between the parties, the law applicable to contractual relations is the French Law. However, this law will apply only to those relationships that go beyond what was not included in these General Conditions of Sale. The General Conditions of Sale are written in French only and are deemed authentic. If due to problems of understanding a foreign customer needs a translation into his native language, it remains at his own expenses. The translation of the companies website by "Google" is given purely as an indication and could not challenge the corporate responsibilities of "TAT concept" and/or "DLC" nor "Google."
Product Information "TAT concept" and "DLC" take the utmost care in posting of information on key features, including through technical descriptions provided by their partners and suppliers and non-contractual photographs illustrating the products, within the technology limits and in compliance with the standards of the market. Removal or alteration by "TAT concept" and "DLC" suppliers of products which have been ordered give rights to the said companies to cancel the current order, except in case of acceptance by the User (customer) to modify it. The descriptions and specifications are subject to change without notice, except for misprint errors.
Risks "TAT concept" and "DLC" draw their customers' attention to the fact that parts/products sold may have characteristics such that they could be illegal on open roads and should be limited to track use only. Their use and fitting remain the sole responsibility of the car's owner as they may alter significantly the characteristics of the vehicles as described on their homologation sheet and/or Certificate of Conformity with regard to : noise, pollution, braking, maximum speed etc. Any modification to the characteristics of the vehicle may render it unfit for circulation in accordance with the local law prevailing. Accordingly, "TAT concept" and "DLC" can not be held liable of their customers' law infringement. Any customer making a purchase on their website or filling-out an order- form, acknowledges having read the regulations of his country, and as such, agrees to receive at his own risks parts/products which may not be approved in his country. On the other hand, all the specific parts/products sold on the site (others than proprietary brand items) are not subject to any specific contractual warranty.
Price The selling prices mentioned on the website are retail prices in euro, VAT included (excluded for professional buyers only) and exclude shipping cost which will be billed at the end of the order in addition to the price of the selected products. "TAT concept" and "DLC" reserve their rights to change the prices at any time without prior notice. However, prices valid at time of ordering can not be modified.
Orders and Availability All orders will be despatched within the limits of available stocks. In the event that any product ordered is not available in our inventory, we will contact you by email to inform you of their estimated availability date. For any product not available from stock, a minimum period of one month is necessary if nothing to the contrary is specified on the website. If among the products ordered some are temporarily unavailable, we will proceed with a consolidated shipment upon receipt of all products. Availability dates mentioned are shown as an indication only and do not constitute a contractual commitment. It is formally agreed between "TAT concept" and "DLC" on one hand and the customer on the other that under-age minors placing an order, act as agent of their parents.
Shipping / delivery Items ordered will be despatched to the address indicated by the customer, shipping cost extra. An invoice will accompany the parts/products shipped. All orders are subject to our acceptance and to availability. For products available from stock, order placed will be processed within 2 working days. Shipping cost depends on items selected. "TAT concept" and "DLC" endeavour to make every effort to meet delivery deadlines listed on the website but can not be held responsible for consequences of late delivery or loss of parcels caused by a third party or the customer himself or due to unforeseeable and unavoidable cause constituting force majeure. Items sold are shipped at customer's cost and risks. The products are deemed approved and certified from our warehouse. Upon arrival at destination, it is the customer's responsibility to recognize their condition before taking possession. In case of damage and/or missing products delivered by a carrier, the customer must make reservations with the latter and confirm them by registered mail with acknowledgment of receipt to the carrier within three days of receipt, or lose any appeal. In case of non-delivery of a parcel within the specified period, the customer will have one month (from date of departure from our warehouse) to come forward. No claim will be accepted beyond this period. An investigation will be conducted with the carrier and may take several days. During this period, no refund or replacement can be made. "TAT concept" and "DLC" request you to acknowledge receipt of your order by email or mail.
Disclaimer "TAT concept" and "DLC" will not be liable for breach of contract in case of force majeure, fortuitous event, disruption or general or partial strike -notably when they affect postal services and means of transport and/or communication-, flood, fire, riot, war, manufacturing halt, impossibility to be supplied with raw materials or any other causes beyond their control. Under such conditions, "TAT concept" and "DLC" will not be liable for any direct or indirect result such as trading loss, loss of profit, damages or expenses that might arise. The contract between "TAT concept " and/or "DLC" will be suspended automatically without compensation from the date of occurrence of the event. If the event was to last more than fifteen days from the date of occurrence thereof, the contract of sale between "TAT concept" and/or "DLC" and his customer may be terminated by either party without any of the parties having the right to claim for compensation of damages. Such termination will take effect from the date of first presentation of the recorded delivery letter requesting contract cancellation. The choice of buying a product or a service are under the sole responsibility of the customer. In no case, "TAT concept" and "DLC" will be be held liable for misuse of products purchased or faulty fitting of these products and the consequences thereof.
Shipping charges Except in specific cases of oversize items, shipping charges are those of the French postal services to which a 15% surcharge will apply. This is due to the fact that the status of owner-manager provides for him being taxed on sales not profit. Accordingly, shipping is accounted for as a sale and taxed at the rate of 12% + 1%. RATES APPLICABLE ARE UNDERSTOOD FOR METROPOLITAN FRANCE AND PRIVATE BUYERS. For delivery within 24hrs to Corsica, overseas French territories and foreign countries, please contact us.
Customs taxes "TAT concept" and "DLC" draw your attention to the fact to
the fact that all fees and Customs taxes are at customer's charge. Security and Privacy Under the Protection Act dated January 6th 1978, customer has the right to access and modify his personal information upon request . In such instances, contact us at: tarnault@wanadoo.fr Secured Payment Several methods of payment are available as described on the website but they are not presently in direct line. After placing your order, you have several options:
For orders placed with "TAT concept" :
For orders placed with "DLC" :
Your order will be confirmed upon acceptance and receipt of payment by our bank. Payment and payment delays Our articles and parts are payable at time of placing the order. When payment is by cheque or transfer, it will be deemed made only after confirmation of credit by the bank. In the event "TAT-concept" or "DLC" have agreed, exceptionally, on special methods of payment, articles and goods are subject to retention of title until full payment of the price, costs and ancillaries. In case of non-payment of any agreed instalment, "TAT-concept" or "DLC" may apply the condition subsequent. This condition does not preclude the immediate transfer at buyer's costs and peril. No discount will be granted either for cash payment or for payment before maturity date. In case of late payment in relation to the deadline, it will be called for a penalty interest of 1.5 times the statutory rate (Law 921442, 31December 1992). Right of withdrawal - Satisfied or refunded According to Article L121-16 of the Consumer Act, the customer has seven days from the date of delivery of the goods to return them to "TAT concept" or "DLC" for exchange or refund provided they are in their original condition and packaging. No penalty will apply except for the cost of returning the said goods. Beyond the 7-day period, no item will be taken back, exchanged or refunded. After the 7-day period, any return must be agreed beforehand by us. A photocopy of the original invoice and return slip form will have to be attached. We reserve the right to retain a 20% minimum fee of the concerned goods price to cover storage, packaging and administrative costs. Retention of title Under the Act 80335, 12 May 1980, we reserve the ownership of products and goods invoiced until payment of the full price and ancillaries. In case of failure to pay all or part of the price for whatever reason, by express agreement, we reserve the right, without formality, to take physical possession of such products and goods at your expense, risk and peril. Warranty "TAT concept" and "DLC" take responsibility for hidden defects in accordance with articles 1641 and following of the Civil Code. The buyer has a period of eight days from the discovery of a defect to notify its rights by letter with acknowledgment of receipt. Defects and deterioration of the goods delivered occurring as a result of misuse, accident, modification or damage caused by neglect will not be covered by warranty. Also damage caused by failure to follow fitting instructions is not covered. This warranty does not cover apparent defect or missing items for which warranty is described in paragraph "Right of withdrawal - Satisfied or refunded hereabove. Under the warranty for hidden defect, "TAT concept" and "DLC" will be held liable only to replace or repair at no cost the concerned item without the buyer being in a position to claim for damages against "TAT concept" and "DLC". The defective item will be exchanged or repaired under warranty but this may in no case have the effect of prolonging the warranty period. The return costs will be borne by the buyer. Notwithstanding the legal warranty, "TAT concept" and "DLC" undertake to guarantee the quality of the items sold against any manufacturing defect for a period of 6 months from date of purchase. This warranty agreement does not cover consumables, items used for car racing or subjected to wear or misuse. Items repaired or replaced will be shipped to the buyer by "TAT concept" or "DLC" at the earliest. Privacy "TAT concept" and "DLC" undertake not to disclose any information related to the customer to a third party and, in general, no confidential data under the Data Protection Act. In all cases the customer accesses an on-line server secured with the most effective technology in the field of encryption. Use of personal data In accordance with the Data Protection Act, 6 January 1978, you have the right to access and correct your personal data. Any customer may object that his name and address be sold or made available to other companies or associations. To access, correct the data or to oppose to the communication of said data to others, the customer may inform us by email at : tarnault@wanadoo.fr or djioann@yahoo.fr Photographs and illustrations The graphics, diagrams, illustrations and photographs of this site, catalogues, dimensions, advertising or other forms of communication and documents, serve only to support the text as an indication and should in no case be considered as binding. Industrial Property Any use of the names "TAT concept" and "DLC" (Djioann Light Concept), logos "TAT concept" and "DLC", technical documents related to "TAT concept" and "DLC" products even for the purpose of promotion or advertising campaign, is subject to a prior written consent by "TAT concept" and "DLC". Election of residence "TAT concept" and "DLC" companies elect residence of their head office at their private homes. Penalty clause In case of legal action for recovery of outstanding debt, "TAT concept" and "DLC" reserve the right to claim before the Court, as a penalty, an amount equal to 15% of the amount due in principal with a minimum of 1000 euros to take into account fees and other costs arising from such action. Jurisdiction In case of any dispute, the Tribunal de Commerce de Niort (79) France, will be solely responsible, even in case of multiple defendants or warranty call for any dispute with private customers or professionals. The effects of debits and our acceptance of payments do not constitute any novation or departure from this assumption of jurisdiction, unless expressly agreed on in writing by "TAT concept" and "DLC". IMPORTANT REMINDERS: "TAT concept" and "DLC" draw the attention of their customers to the fact that parts to be fitted on vehicles may have characteristics such that their use may be prohibited on roads opened to public traffic. The concerned parts are destined to track use. Their use and fitting remain the responsibility of the car owner. Indeed, they may significantly alter the characteristics of the vehicle, as described in the minutes of receipt issued by the Department of Transport, in terms of noise, pollution, brakes, maximum speed, road holding etc. Any modification to the vehicle characteristics compared to its type approval makes it unfit for use on French territory. For foreign countries, "TAT concept" and "DLC" can not have knowledge of all the pertaining laws of each country to which parts, not authorised for use on roads opened to public traffic in France, could be sent. Accordingly, "TAT concept" and "DLC" will not be held liable for any infringement. Any customer making a purchase on "TAT concept" and "DLC" website or filling out an order-form, acknowledges having read the regulations of his country and, as such, agrees to receive at his own risk products which may not be approved in his country. Otherwise, it is important to note that all specific parts referred to on the site (others than proprietary brand items) are not subject to any specific contractual warranty. |
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