Terms and conditions of sale

This document was drawn up on April 3, 2024 by MJ2S, to govern sales made via the website "https://www.greendrive-accessories.com/en/".

  1. Preamble

MJ2S, headquartered at 3 allée des Bauches, Claix, registered with the Registre du Commerce et des Sociétés under number 85265170200031, hereinafter referred to as "the Seller".

The Seller specializes in the sale of car parts compatible with the above-mentioned vehicles, remotely via its website https://www.greendrive-accessories.com/en/.

  1. Scope of application

These General Terms and Conditions of Sale (GTCS) apply, without restriction or reservation, to all sales concluded by the Vendor with consumers and non-professional and professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Vendor on the website https://www.greendrive-accessories.com/en/.

In particular, the GTC specify the conditions of order, payment, delivery and management of any returns of products ordered by Customers.

  1. Customer account creation and management

To place an order on the site, the customer must register by creating an account. This process involves filling in a form with information such as surname, first name, address, e-mail address and telephone number. A registration will only be considered valid if all the required information is completely filled in.

The customer acknowledges that his e-mail address and password will be used as identifiers to access his account and that the information provided will be considered as proof of his identity.

The customer is responsible for the truthfulness and updating of the information provided at the time of registration and must ensure its accuracy at all times.

Following registration, the customer has a personal space enabling him to manage his use of the site and his orders, using the methods and technical support we consider most appropriate.

The customer undertakes to maintain the confidentiality of his identifiers, to take all necessary measures to ensure this confidentiality and to inform our company immediately in the event of unauthorized use of his account.

It is expressly agreed between the parties that any operation carried out using the customer's identifiers is deemed to have been carried out by the customer himself/herself. The customer therefore undertakes to use his account personally and not to allow a third party to use it in his place or on his behalf, fully assuming the consequences of such actions.

  1. Product information

The products offered for sale are those listed on the site https://www.greendrive-accessories.com/en/ on the day of consultation of the site by the Customer. Each product is accompanied by a description drawn up by the Vendor. Product photographs are not contractual, but are intended to complement the description by being representative of the use of the product or of the product itself. In the event of an error in the description, we will first try to replace the product, and if this is impossible, we will offer you a return of the item within the stipulated period of 30 days.

The information provided in the description describes what the product "is", but we cannot list what the product "is not", in other words, if a functionality or feature is not listed, the only conclusion to have is that it is not present on the item or that the item does not meet it. MJ2S cannot be held responsible for any misperception or misunderstanding regarding features not explicitly stated in the product description. It is the responsibility of the consumer to verify the suitability of the product for his or her intended use, based solely on the information provided on our website.

  1. Prices and taxes

5.1. General

The Vendor reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order.

Pricing errors - MJ2S reserves the right to cancel any order in the event of an obvious pricing error (labelling error, computer bug, etc.). Customers concerned will be informed of this cancellation and reimbursed for sums already paid.

5.2. European customers

For European customers, product prices are quoted in Euros (€) inclusive of all taxes (TTC) at the French VAT rate, unless the customer requests a different currency. Taxes will be adjusted according to the customer's place of residence before payment to conform to the VAT rate relative to the customer's country of residence.

5.3. Customers outside the European Union

For customers residing outside the European Union, the prices shown on our site are inclusive of all taxes. However, at the time of payment, taxes will be removed when the customer enters his or her delivery address, and the order will be paid exclusive of tax (HT). It is the customer's responsibility to pay all taxes, customs duties and other charges imposed by their country of residence at the time of delivery. These additional charges are not included in the final price of the order placed on our site, and are beyond our competence and control.

Customers are strongly encouraged to inquire about these costs with local customs authorities for an accurate estimate of the taxes to be paid upon receipt of their order. By making a purchase on our site, customers located outside the European Union acknowledge and accept responsibility for payment of such taxes and additional charges in accordance with the regulations in force in their country.

5.4. Exception for the United Kingdom

In accordance with current legislation concerning distance selling in the United Kingdom, our tax billing practices are as follows:

- For orders of less than 135 GBP (pounds sterling), the prices in the shopping basket, after entering the address, will be displayed and invoiced inclusive of all taxes (VAT). This means that the applicable VAT is included in the final price and will be paid by the Seller.

- For orders exceeding 135 GBP, the prices in the basket, after entering the address, will be displayed and invoiced exclusive of tax (HT). Customers will be responsible for the payment of any taxes and customs duties that may be required by the British customs authorities at the time of delivery.

This is in line with the UK's post-Brexit VAT regime for imported goods, as set out in the [title and number of the relevant piece of legislation, for example, "Finance Act 2021".

UK customers are advised to take note of these thresholds to understand how VAT is applied to their orders and are responsible for checking this information before finalizing their purchases on our site.

  1. Discount policy

Discounts offered on the MJ2S website are subject to the following conditions, in accordance with current French regulations:

- Offer validity: Each discount is valid for a specific period or while stocks last.

- Cumulation of Discounts: Unless otherwise specified, the discounts offered on the MJ2S website cannot be cumulated with each other or with other current promotional offers. In the event of several discounts being applicable to the same product, only the most advantageous discount for the customer will be applied.

- Application of discounts: Discounts are applied either directly in the shopping cart at the time of purchase validation and indicated on the product page, or by using a promo code which must be entered by the customer in the field provided for this purpose. The conditions of application of each promo code are specified when they are issued.

- Coupon Codes: Coupon codes are personal and non-transferable, unless clearly specified by MJ2S. Coupon codes must be entered in the appropriate field before final validation of the order by the customer. MJ2S will not be able to retroactively apply a discount if the customer forgets to use their promo code before finalizing their order. It is the customer's responsibility to ensure that all discounts have been applied before proceeding to payment.

- Modification or Cancellation of Discount: MJ2S reserves the right to modify or cancel a discount offer without prior notice, in the event of exceptional circumstances that justify such action.

By taking advantage of a discount, the customer accepts these conditions. For further information, please contact our customer service department.

  1. Controls

Orders are placed exclusively on the website https://www.greendrive-accessories.com/en/. The ordering process is described on the site. Customers wishing to purchase a product must follow the online ordering process.

7.1. How to order

The Customer may select Products to order via the online Catalogue on the Site, subject to stock availability, as indicated on the Site at the time of ordering.

To validate an order, the Customer must first accept these General Terms and Conditions of Sale by ticking the appropriate box. They must also choose a delivery address and a delivery method, and confirm the payment method. Before final validation, the Customer may check and modify his Order to correct any errors.

The order is considered firm and definitive once the Customer has received confirmation of acceptance of the order by the Vendor by e-mail and full payment has been made.

By placing an order, the Customer accepts the prices and descriptions of the products as displayed on the Site. Any disagreement relating to these points may be addressed in accordance with the terms and conditions for exchanges and guarantees specified below.

7.2. Order modification

Any request by the customer to modify an order, once it has been confirmed, is subject to the Vendor's approval. It is no longer possible to make modifications if the order is already in the preparation phase, and we cannot guarantee that our deadline for taking this cancellation into account will occur before your order is put into preparation, as our aim to satisfy our customers is to put the order into preparation as soon as possible.

However, the Customer may exercise his right of withdrawal in accordance with the provisions of Article 9 of these General Terms and Conditions of Sale, or contact the Vendor under the terms of Article 4.4 of the GTCS.

7.3. Ordering information

Customers can obtain information about their order directly from their customer account in the "my orders" tab. If the information is not sufficient, you can contact customer service via the contact chat on the "need help" page.

7.4. Refusal of order

The Vendor reserves the right to suspend or refuse to execute an order from a Customer for valid and justifiable reasons, including but not limited to non-payment, refusal of payment authorization by accredited banking institutions, pending disputes, or if an order indicates an abnormally high quantity of products. In addition, any change in the quantity of an item automatically added to the basket as a free component of a paid product will be cancelled if these quantities do not correspond to the terms of the offer. Free components are inseparable from the paid items to which they relate and cannot be ordered separately. These free components are only visible on our site after the addition of a paying item eligible for this automatic addition offer.

  1. Payment

8.1. General payment terms

Payment is due immediately upon ordering. Payments by credit card, Paypal or any other means of payment offered on our site will be made via secure systems.

Payment in instalments: You can pay for your order in instalments using :

- The Scalapay payment solution up to 2000€. By validating his/her order, the customer agrees to have read and understood Scalapay's general terms and conditions of payment, available HERE.

- The Paypal Later payment solution, and this under the conditions provided by the Paypal company, accessible directly in your customer account, the customer agrees to have read the general conditions of payment of Paypal, which he will be obliged to accept at the time of validation of his payment with the payment organization.

8.2. General reimbursement terms

Green Drive undertakes to reimburse the Customer via the payment method used for the initial transaction, within 14 days of notification of the return of the products by the collection point, provided that the products are returned in perfect condition and complete. In the event that the returned products are incomplete, damaged or in a condition that does not allow them to be sold again, Green Drive reserves the right to refuse their return, exchange or refund.

8.3. Refunds on orders from customers outside the European Union

For any product return, order refund or order cancellation that would require a total or partial refund of the order, the taxes paid by the customer to the national collector can not be paid by the company MJ2S to the customer because these taxes have not been paid to the company. It is therefore the customer's responsibility to claim a refund from the national collector.

  1. Delivery

9.1. General

Products will be delivered to the delivery address indicated during the ordering process. Delivery times are given as an indication only and may vary according to the place of delivery. The delivery times generally observed are visible when the order is validated. If a specific delivery time is indicated on the product page, this must be taken into account first. Other items without a specific lead time will be sent separately and delivered within the general lead time.

9.2. Non-conformity on delivery - inspection of items

On receipt of the order, the customer or any person authorized by the customer to receive the products must scrupulously check the condition of the items before signing the delivery note. If any anomaly is noted (missing product, damage, defect), it is imperative that the Customer refuses delivery and/or expresses clear reservations on the delivery note (e.g.: "Parcel refused due to: damage, missing product, damaged packaging, damaged product"), then confirms them by signing the said note. Here's an article to help you draw up your reservations.

In the event that the Customer accepts the parcel but still has a reservation, it is the Customer's responsibility to notify Green Drive of any non-conformity within two working days of receipt, via the contact form available on the order page of the Green Drive.

If delivery takes place without signing a delivery note, the customer must notify Green Drive within two working days so that we can arrange for the item to be returned. An affidavit may be requested to meet our obligations with the carrier.

  1. Right of withdrawal

In accordance with article L. 221-18 of the French Consumer Code, consumers have a period of 14 days from receipt of the products to exercise their right of withdrawal from the Vendor. This period is extended to 30 days by the company Green Drive on a commercial basis. Within this period, the customer may obtain a refund of the order in exchange for the return of the items. Satisfied or reimbursed" products are also returned within 30 days. Return conditions are indicated on the page provided for this purpose or on the document available HERE.

It is preferable to formulate a return request through the online chat available on the "need help" page. However, we have provided a template that you can send to us, to be used only if the other solutions do not suit you. You can send it to us by e-mail ([email protected]), by post (MJ2S, 3, Allée des bauches, Claix, 38640).

SAMPLE WITHDRAWAL LETTER

Your full name :

Your address :

Your order number :

Green Drive - MJ2S

3 allée des bauches

38640 Claix

..........................., .........................

Dear Sir/Madam,

On ........................ (indicate date on order form), I ordered ............................................ (Description of item: name or bar code) which you delivered on ...........

In accordance with Article L. 221-18 of the French Consumer Code, I hereby exercise my right of withdrawal.

Consequently, I would ask you to return the sum of .......... euros that I paid you when I placed my order, as soon as possible and within 14 days of receipt of this letter, in accordance with the provisions of article L. 221-24 of the French Consumer Code.

Please find enclosed the item I am returning to you.

  1. Exclusion of the right of withdrawal

In accordance with the legal provisions in force, the right of withdrawal does not apply in the following cases:

Products customized at the customer's request: Any product that is manufactured to the customer's specifications or is clearly personalized, such as custom-made steering wheels incorporating specific materials requested by the customer, rims designed with a bespoke design and size, or any other product configured according to the customer's unique choices and requirements, may not be returned, cancelled or refunded under the right of withdrawal.

Adhesive products: Products intended to be adhered or glued, such as paint protection films (PPF), coverings and similar accessories, are excluded from the right of withdrawal once they have been applied to a vehicle or any other surface. This exclusion applies insofar as these products cannot be returned in a condition allowing them to be marketed again, due to their permanently adhesive nature.

By placing an order for such products on our site, the customer acknowledges and accepts this exclusion of the right of withdrawal for personalized products and products to be glued, in accordance with article L221-28 of the French Consumer Code.

  1. Legal warranties

Products supplied by the Vendor benefit from the right of withdrawal by operation of law and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,

- The legal warranty of conformity for 2 years from delivery of the goods. The consumer will be offered a replacement or repair. If this is not possible, MJ2S will offer a refund;

- The 2-year legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

  1. Use of mediation

In accordance with articles L611-1 et seq. of the French Consumer Code, MJ2S wishes to inform its customers that, in the event of any disagreement or dispute relating to the purchase of products or services on our site, the recommended initial step is to contact our customer service department. We are committed to finding an amicable and satisfactory solution to any dispute that may arise in the course of our commercial relations.

If you are not satisfied with our attempts to resolve your dispute amicably with our customer service department, you have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of your dispute with our company. The consumer mediator will act as an impartial third party and will attempt to reach a consensual solution.

Before contacting the mediator, make sure that :

- You have tried to resolve the dispute directly with MJ2S through a written complaint.

- Your request is not manifestly unfounded or abusive.

- The dispute has not already been examined or is not being examined by another mediator or by a court.

Consumers must have tried to resolve their dispute with the professional out of court before resorting to mediation. Free recourse to a mediator will enable you to strictly apply the Consumer Code and exclude you from any commercial gesture that could have been made in a classic approach with customer service. Mediation will be limited to what is provided for by law and the Consumer Code.

In accordance with Article L. 616-1 of the French Consumer Code, the mediator proposed by MJ2S may be contacted by the customer:

- By post, to the following address: CNPM-MEDIATION-CONSOMMATION, 27, Avenue de la Libération - 42400 SAINT CHAMOND - FRANCE

- By contact form: REQUEST MEDIATION

  1. Limitation of warranty

The warranty offered by MJ2S is limited exclusively to the parts sold by our company and does not cover the costs associated with third-party services, in particular the installation of parts by an external professional. In the event of a recognized defect requiring the replacement of a part under warranty, MJ2S undertakes only to replace the defective part. Any costs associated with the installation of the replacement part shall be borne by the customer, and shall not give rise to any claim for compensation against us.

Similarly, in the event that a part sold by MJ2S is installed on a vehicle benefiting from additional aesthetic modifications, i.e. a vehicle with third-party accessories therefore different from the original, such as a covering or a paint protection film (PPF) in a non-exhaustive way, that the dismantling of the part is necessary for its replacement under warranty, MJ2S cannot be held responsible for the costs of repair, replacement, or reinstallation of the covering or PPF. Our liability is limited to the supply of a replacement part for defective products and does not extend to additional accessories or modifications installed by the customer or third parties.

In the event of the product being transferred, the warranty associated with the product will only be maintained if the new owner is able to present the original purchase invoice issued by Green Drive. The purpose of this requirement is to certify the origin and authenticity of the product, as well as the validity of the warranty. Without this proof of purchase, Green Drive reserves the right to refuse the warranty to the new owner.

By purchasing our products, the customer acknowledges and accepts these warranty limitations. We advise our customers to consider these elements before installing parts on vehicles with special features such as covering or PPF. Our products cannot be accused of having damaged an element of which we were unaware prior to the sale.

It is expressly specified that the above-mentioned warranties shall not apply in the following cases in the event of abnormal or non-conforming use of the Products by the Customer or any third party, subsequent to the Order. In this respect, the Customer is invited to carefully consult the instruction manual supplied with the Product.

  1. Limitation of liability

In no event shall MJ2S, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any product, or as to any other claim related in any way to your use of the product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the product and any content. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

  1. No liability for loss of manufacturer's warranty

MJ2S makes every effort to offer its customers products that have been tested and comply with local legal requirements. However, because MJ2S distributes its products in several countries, each with its own specific regulations, and also because we supply products which are not intended for use in the public domain, the mere fact that a product is available on our site does not justify its being approved or exempt from any partial or total cancellation of the vehicle warranty.

By installing the product on your vehicle, you accept responsibility for the total or partial loss of your vehicle's warranty in the event that the product is not approved by the manufacturer of your vehicle or by the legislation in your country. MJ2S, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees shall not be liable for loss of warranty and its consequences. You therefore waive any claim for compensation or reimbursement.

  1. Privacy Policy

Information and data concerning the Customer are necessary for the management of orders and commercial relations. It may be transmitted to companies contributing to these relations, such as those responsible for the execution of services and orders, for their management, execution, processing and payment. This information and data is also kept for security purposes, to comply with legal and regulatory obligations, and to enable us to improve and personalize the services we offer and the information we send.

In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and limitation of processing in relation to information concerning him or her.

  1. Modifications to the General Terms and Conditions of Sale

The Seller reserves the right to modify its General Terms and Conditions of Sale at any time. The new Terms and Conditions will be applicable as soon as they are published on the website https://www.greendrive-accessories.com/en/.

  1. Dissociability

In the event that any provision of these General Terms and Conditions of Sale and Use shall be held to be illegal, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these General Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

  1. Applicable law and jurisdiction

These General Terms and Conditions of Sale and all transactions arising therefrom are governed by French law. In the event of a dispute concerning the interpretation, execution or validity of these General Terms and Conditions of Sale, the parties agree to seek an amicable solution before taking any legal action.

Failing amicable resolution, any dispute will be submitted to the competent courts in accordance with the applicable jurisdiction rules. The parties agree that French law shall be the only law applicable to this contract, to the exclusion of any other legislation, which is expressly accepted by the customer.

This clause applies without prejudice to the rules of protection granted to consumers by the mandatory provisions of the law of the country where they have their habitual residence.

  1. Intellectual property

All items published on the Green Drive, including but not limited to texts, photographs, images, drawings, models, documents and any other material, are and remain the exclusive intellectual property of Green Drive or its partners holding the corresponding rights. This includes design, site architecture, software, trademarks, copyrights, domain names and database rights.

Consequently, without prior written authorization from Green Drive, any exploitation, representation, reproduction or adaptation, total or partial, of any element constituting the site of Green Drive is strictly prohibited. This prohibition extends to all professionals, even if they are resellers of Green Drive, regarding the use of any site content for any purpose other than the sale of Green Drive. Any breach of this rule may constitute an infringement of intellectual property rights and give rise to legal proceedings for counterfeiting, in accordance with the provisions of the French Intellectual Property Code and applicable legislation.

All these provisions are designed to protect investments made by Green Drive for the creation and promotion of its product catalog and brand image. The Customer therefore undertakes not to infringe the intellectual property rights of Green Drive and to respect the integrity of its creations.

22.Using the sponsorship code

22.1 Personal use

The sponsorship code provided by Green Drive is strictly for personal use and should only be shared with the Customer's immediate circle.

22.2 Ban on Public Broadcasting

It is strictly forbidden to publish, share or distribute the sponsorship code on public platforms, including but not limited to websites, forums, social networks, blogs or any other media accessible to the public, without the prior written authorization of Green Drive.

22.3 Penalties for Abusive Use

Any misuse of the referral code, as defined in these Terms and Conditions, will result in the immediate suspension of the customer's account. In addition, all rewards obtained through the referral program will be cancelled without notice.

22.4 All rights reserved

Green Drive reserves the right to take any legal action necessary to enforce compliance with the provisions of this article, including legal action to recover any loss or damage suffered.

22.5 Modification and Termination

Green Drive reserves the right to modify or terminate the sponsorship program at any time, without notice, if it considers that the Customer has violated the terms of this article.