General Terms and Conditions of Sale

1. Legal notice

The company AUTOMSOURCE, SAS with a share capital of €100,000, having its registered office at 17 avenue des frères Lumières 64 140 LONS, registered in the Trade and Companies Register of PAU under number 881 855 332, is the owner of the website Autom-shop.com.
AUTOMSHOP is not a distributor, reseller, or authorized representative of the products on its website. The references, trademarks, and logos used are the property of their respective owners. The representation, description, or sale of products bearing these references, trademarks, or logos is intended solely for identification purposes. They are not intended to indicate affiliation with or authorization from a rights holder.

2. Scope of application

2.1. The General Terms and Conditions constitute the basis of the commercial negotiation between AUTOMSOURCE (hereinafter referred to as the 'seller') and any professional located in mainland France (hereinafter referred to as the 'buyer'). All sales, deliveries, and services of any nature provided by the seller are subject to these General Terms and Conditions, even if their application and/or content is not expressly stipulated or referred to in the offer, order, or contract, whether tacit or express, binding the buyer to the seller.
2.2. The General Terms and Conditions prevail over any other conditions, particularly those of the buyer, which may be opposed to them, unless otherwise agreed in writing by the seller. No specific or derogatory provision to the General Terms and Conditions may apply without the seller’s written agreement.
2.3. The fact of not invoking, at any given time, any of the provisions of the General Terms and Conditions may never be interpreted by the buyer as a waiver by the seller of the right to invoke them at a later date.
2.4. The ineffectiveness or nullity of all or part of the provisions of the General Terms and Conditions shall not affect the validity of its other provisions, which shall continue to apply, it being understood that the ineffective or invalid provision shall be replaced by a valid provision that comes as close as possible to the spirit of the initial clause.
2.5. The General Terms and Conditions may be freely amended by the seller, without notice or compensation. They will simply be notified to the buyer by any means. They shall then apply to any product order or service placed by the buyer after such notification, with the buyer being deemed, by placing an order, to have full knowledge of the new conditions and to have accepted them.

3. Sales offers / services, conclusion of contract, order

3.1. The seller reserves the right to modify the characteristics of the products offered for sale, new or refurbished, or to cease its services, without notice, the seller never being obliged to supply or deliver the modified or discontinued products, nor any other product depending on its available stocks, whether new or used, nor required to offer certain services.
3.2. Any product sales offer and any quotation related to a service validly issued by the seller remains in effect for thirty (30) days from receipt by the buyer, subject to stock availability as well as available material and human resources. If, during this period, the buyer has not placed an order or signed the quotation, the offer becomes null and void by operation of law.
3.3. For product sales, the offer specifies whether they are new products (available or not in stock) or used products (in case of discontinued manufacture or use by an industrial operator) refurbished by the seller.
3.4. For repair services, a quotation is sent to the buyer after a brief inspection—by the seller—of the product to be restored. This quotation states, for information purposes only, whether the repair is feasible, subject to any later detection, particularly during repair, of defects or irreparable failures. If repair is deemed possible, the quotation also specifies the corresponding time and cost. The indicated repair time is provided for information purposes only; the seller can never be held liable in case of delay, due, for example, to the complexity of the repair or the detection, during the process, of one or more additional malfunctions or failures. Signing the quotation with the statement 'Approved' together with precise identification of the company (i.e. the buyer, article 3.6) automatically entails unconditional acceptance of the terms stated therein.
3.5. Unless otherwise agreed between the parties, placing an order or signing the quotation with the statement 'Approved' together with precise identification of the company (i.e. the buyer, article 3.6) automatically entails, for the buyer, acceptance of the General Terms and Conditions, acknowledgment of full knowledge thereof, and waiver of reliance on its own purchasing conditions.
3.6. To be valid, the buyer’s written order must indicate, for legal entities, the name, legal form, registered office address for delivery and invoicing, and must specify the exact and complete designation of the products to be purchased or repaired, their quantity, the chosen method of collection (delivery or pickup at the seller’s facility), as well as the name of the responsible person (contact). In the absence of such information, the seller can never be held liable in case of incomplete, erroneous, or faulty execution of the order or service. GENERAL TERMS AND CONDITIONS OF SALE hereinafter referred to as the 'General Terms and Conditions'.
3.7. Any order binds the buyer, subject to written confirmation by the seller.
3.8. An order or service in progress by the seller may only be modified or cancelled with the prior written consent of the latter, such consent specifying, to be valid, the amount of the termination indemnity and/or the additional delay caused by such modification or cancellation. Failing such valid consent from the seller: the product order will be executed according to its terms and must be paid in full by the buyer under the conditions referred to in article 3 below; the service will either be interrupted, in which case the seller reserves the right to invoice the buyer for time spent, which the latter expressly accepts, or will result in a modified quotation.
3.9. The seller may suspend, delay, or modify, without notice or compensation, the execution of any order or service in the event of force majeure, as well as in any event making performance impossible, such as (non-exhaustive list): strike, fire, flood, blockage of transport routes, shortage of products, raw materials, and components or semi-finished materials, with the buyer waiving, in each such case, any claim for damages.

4. Price, delivery charges, refurbishment, payment terms

4.1. Unless otherwise stipulated, the prices of products and services are communicated by the seller to the buyer in writing or appear on the service quotation. Delivery charges are stated on all offers or quotations from the seller, in addition to the prices of the products or services. Product prices are available on the company’s online store: www.autom-shop.com, and delivery charges are displayed in the delivery conditions, also available on the online store.
4.2. The prices of products or services are expressed in Euros and excluding taxes; they are subject to the applicable VAT rate; they apply to any order from the buyer or quotation accepted by the latter.
4.3. The seller reserves the right to modify its prices at any time and without notice, by simple written notification to the buyer, in particular to take account of inflation. If the buyer places an order after being notified of the new prices, the buyer is deemed to have tacitly accepted them.
4.4. For any product sale or service not involving pickup of the products sold or repaired at the seller’s facility, delivery charges are billed to the buyer in full.
4.5. An invoice is issued for each order; it is delivered after delivery or pickup of the products. Payment of orders is made as indicated on the invoice: – either in advance and cash payment for (i) any first transaction, (ii) in the absence of coverage by a credit insurance organization, and (iii) in case of financial difficulties of the buyer (doubt about solvency, safeguard proceedings, receivership, or judicial liquidation), and without discount, – or within forty-five (45) days end of month from the invoice date. Payments are made by bank transfer (any bank charges being borne by the buyer).
4.6. Any goods made available at our facility for pickup are invoiced as soon as they are made available to the buyer.
4.7. In the event of non-payment (total or partial) of an invoice due, the seller reserves the right (cumulative options), after sending a simple registered letter with acknowledgment of receipt to inform the buyer, to (i) suspend any current and/or future deliveries, (ii) review any special conditions possibly granted to the buyer, (iii) immediately demand payment of the buyer’s entire outstanding debt, without the client being able to claim any compensation or oppose it.
4.8. Any payment by the buyer will first be applied to the oldest due amounts, even if this payment corresponds to the settlement of a validly placed subsequent order not yet fully paid.
4.9. Any amount unpaid on the due date will automatically give rise to the payment, by the buyer, of late penalties, payable by operation of law the day after the payment date indicated on the invoice. These penalties are calculated at the applicable legal interest rate and are increased by a fixed recovery indemnity of a minimum amount of forty (40) euros, this indemnity amount possibly being adjusted to reflect the actual collection costs incurred, where applicable.
4.10. Under no circumstances may payments be suspended or subject to any offsetting of any kind without the prior written agreement of the seller, even in the event of a claim by the buyer or ongoing after-sales service on a product or as part of a service.

5. Delivery, pickup of goods and deadlines

5.1. Products ordered by the buyer are delivered by carrier to the buyer.
5.2. Indicative delivery times for the ordered products are stated on the order confirmation.
5.3. These delivery times are not contractual but are given for information purposes only, insofar as they depend, in particular, on the quantities ordered, an accepted order modification, the carrier, the order of arrival of orders, stock levels, as well as other unforeseeable events such as (non-exhaustive list) strike, disruptions of any kind, delay in the delivery of raw materials and components essential to the sale of products or services. Therefore, exceeding the delivery deadline (or stock shortages) may never give rise to damages, cancellation of ongoing orders, or suspension of payment of an order, the seller being in no case liable for failure to meet the indicated delivery times, which the buyer expressly acknowledges and accepts.
5.4. An order may be fulfilled in one or more deliveries, which does not authorize the buyer to partially settle the payment of the order or service, nor to suspend said payment.

6. Shipment of products – Transfer of risk

The risks of loss, damage, or destruction of delivered products are transferred to the buyer upon dispatch, even partial, of these products, and although the latter is not yet their owner, in accordance with Article 7 below.

7. Retention of title

Although the buyer alone bears the risks related to delivered products, they remain the property of the seller until full payment of their price (VAT included as stated on the seller’s invoice). Therefore, in case of non-payment by the buyer, the seller reserves the right to repossess the products, regardless of whose possession they are in, any amounts already paid as partial payment or deposit remaining acquired by the seller as a compensatory clause, without prejudice to any additional damages that may be claimed before the competent court.

8. Claims: non-compliance (error in designation or quantity) or apparent defects

8.1. Each delivery shall be accompanied by a delivery slip included in the package. The buyer must sign the carrier’s receipt upon delivery of the products. Signing this transport receipt constitutes unconditional acceptance of the goods.
8.2. It is the buyer’s responsibility to check the products upon delivery and to make any necessary reservations with the carrier in accordance with applicable legal provisions (precise reservations by registered letter with acknowledgment of receipt within 48 hours of receipt), failing which no claim can be upheld, even in the case of a later claim made directly with the seller.
8.3. Any damage to the product occurring during transport is the sole responsibility of the carrier, with the buyer waiving any recourse against the seller in this regard.
8.4. Without prejudice to the obligations toward the carrier as referred to above, claims regarding non-compliance of the delivered product with the ordered product or regarding an apparent defect affecting the products must be sent to the seller in writing within forty-eight (48) hours of receipt of the goods. Failing to comply with this deadline, no return of goods will be accepted by the seller, and no claim will be considered, with the exception of the warranty against hidden defects, which alone may be invoked.
8.5. In the event of a claim with the seller, the buyer must provide all proof of the reality of the non-compliance or apparent defect and must allow the seller all facilities to carry out an inspection.
8.6. No return may be made by the buyer without the seller’s prior written agreement, the latter reserving the right to conduct a prior inspection of the allegedly defective or non-compliant products. No return will be accepted in packaging other than the original. In case of return of products, a return slip must be drawn up indicating the reason for the return and the order or service number.
8.7. In the event of proven non-compliance or apparent defect, return costs are borne by the buyer.
8.8. Any claim made by the buyer under the conditions and procedures described in this article does not suspend payment for the ordered products.

9. Warranties

9.1 The warranty is expressly excluded in the following cases:
– absence or deterioration of the barcode affixed by the seller to the product sold or repaired,
– non-payment or partial payment of the product or service by the buyer,
– intervention by the buyer or a third party on the purchased or repaired product,
– occurrence of a defect, breakdown, or malfunction different from the one for which the seller carried out the repair,
– occurrence of a breakdown related to a hidden defect resulting from the product’s manufacture, in which case the buyer must contact the manufacturer directly under the conditions referred to in 9.4 below.
The warranty does not cover:
– any disorders, accidents, incidents, or loss of business caused by the buyer or a third party,
– consequences of any negligence or imprudence by the buyer, or breach of one of their contractual or tortious obligations,
– failure by the buyer to fulfill their obligation to inform users of the risks associated with the use of the repaired or purchased product.
2. In no case can the seller’s warranty exceed the price of the ordered product or service.
3. Products sold by the seller, particularly concerning hidden defects, benefit from the manufacturer’s warranty, and the buyer agrees to contact the manufacturer directly as a priority, any recourse against the seller being possible only as a subsidiary measure.
4. Any product covered by the seller’s warranty must be returned to the seller at the buyer’s expense.
5. Protection of personal data
The processing of personal data by the seller complies with the provisions of the law on information technology, files, and civil liberties of January 6, 1978, as amended, and respects the CNIL recommendations regarding the retention and archiving of data.
Furthermore, in accordance with Articles 39 and following of the aforementioned law, the buyer may obtain communication of their personal information and, where applicable, consult, rectify, or delete it by contacting the data controller, Mr. Barara Samir, in writing at the seller’s registered office address or by email at the following address: admin@automsource.com.

10. Protection of personal data

The processing of personal data by the seller complies with the provisions of the law on information technology, files, and civil liberties of January 6, 1978, as amended, and respects the CNIL recommendations regarding the retention and archiving of data. Furthermore, in accordance with Articles 39 and following of the aforementioned law, the buyer may obtain communication of their personal information and, where applicable, consult, rectify, or delete it by contacting the data controller via:
– their personal account
– the website contact form
– by email at admin@automsource.com
– by postal mail to the registered office address

11. Jurisdiction, applicable law

11.1. These General Terms and Conditions are governed by French law.
In the event of a dispute relating to the interpretation or performance of their agreements, the parties shall seek an amicable settlement before any litigation and shall exchange all necessary information for this purpose. In the absence of an amicable agreement within a maximum period of one (1) month, any dispute between the seller and the buyer arising from the application or interpretation of the General Terms and Conditions, or from the conclusion or performance of an order or service, shall fall under the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of the city of PAU.