Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE
Applicable from 1 September 2021

These general terms and conditions of sale (the “GTCS”) are entered into, on the one hand, by the company Team Lupos SAS, a company with a share capital of 1000 euros, registered with the Toulon Trade and Companies Register under number 302 045 794, whose registered office is at 19 rue des sablons 27400 acquigny (“Team Lupos”) and, on the other hand, by any natural or legal person making a purchase via the website (the “Site”) www.teamlupos.fr (the “OS Site”, or any other available means (the “Buyer”).

The Buyer declares that they are of legal age or hold parental authorisation and have the legal capacity to enter into contracts, enabling them to place an order on the Sites or by any other available means.

For any question relating to a purchase made online or by any other available means, the Team Lupos customer relations centre (the “Customer Service”) can be contacted:
• From the customer account section available on the Site,
• By email at contact@teamlupos.fr,
• By post at the following address: Team Lupos 19 rue des sablons 27400 acquigny

The parties agree that their relationship shall be governed exclusively by these GTCS, which are accessible on the Sites. As these terms may be subject to change, it is understood that the applicable terms are those in force on the Sites on the date of the validated order.

I. COMMITMENT
1.1 Validation of the order constitutes acceptance of the GTCS without restriction or reservation.

1.2 The sale is concluded upon receipt of the order by our services. The Buyer receives an electronic acknowledgement of receipt constituting confirmation of the order.

1.3 In accordance with Article L122-1 of the French Consumer Code, Team Lupos reserves the right to refuse an order if it is abnormal, placed in bad faith or for any other reason it deems legitimate, in particular in the event of a dispute with the Buyer concerning payment of a previous order.

II. PRICES
2.1 Our prices correspond to the rates in force on the day of sale.

2.2 The prices shown on the Site and in sales literature are quoted “Ex works”. They may be changed without notice and without liability on the part of Team Lupos.

2.3 Prices are expressed in euros including all taxes (“TTC”), excluding delivery charges. Team Lupos reserves the right to modify them in the event of a change in the VAT rate or in the event of an obvious error in the price, product or discount.

III. CHANGES TO PRODUCTS
3.1 The technical specifications and photographs in our sales literature and on our Sites are given for information purposes and are subject to change without notice.

3.2 The withdrawal or modification, by Team Lupos's suppliers, of items that are the subject of a registered order authorises Team Lupos to cancel the current order, unless the Buyer agrees to modify it, to which the Buyer consents.

IV. RISKS
4.1 When the order arrives at its destination, it is the Buyer's responsibility to check its condition before taking possession of it under their own responsibility. We strongly recommend checking the visible condition of the products in the presence of the carrier to ensure that there is no damage. In the event of an anomaly (damaged packaging, missing, damaged or broken products), the Buyer:
• must describe precisely on the delivery note the condition of the parcel justifying their refusal;
• must have these reservations countersigned by the carrier;
• will have 3 (three) calendar days to report it to Team Lupos by any means.

4.2 Team Lupos draws its valued customers' attention to the fact that parts intended for adapting vehicles for competition may:
• have characteristics that make it illegal to drive the vehicles on roads open to public traffic,
• void manufacturer warranties, and
• void insurance cover insofar as they alter the characteristics of the vehicles as described in the type-approval certificate issued by the vehicle registration authority (service des mines): noise, pollution, maximum speed, tyre dimensions, etc.
Furthermore, as all products sold by Team Lupos are intended for motorsport and automobile competition, they are not covered by any particular contractual warranty due to their specific conditions of use.

4.3 Due to the technical nature of the products sold by Team Lupos, it is strongly recommended to use the services of a professional automotive mechanic for their installation so that it can be carried out in accordance with good practice and, where applicable, in accordance with the technical and sporting regulations in force.

V. LEAD TIMES – DELIVERY
5.1 The Buyer chooses one of the delivery methods offered when placing the order. The Buyer is solely responsible for any failed delivery due to missing information or an error in the address provided when ordering.

5.2 Team Lupos undertakes, in accordance with the regulations in force, to deliver the item within 4 (four) months from the date of the order, subject to successful fulfilment by its supplier. The Buyer receives electronic confirmation of the dispatch of the order. Delivery times are expressed in working days.

5.3 In the event that the delivery time exceeds the aforementioned period of 4 (four) months, the Buyer may cancel their order and obtain a full refund. To do so, once the 4 (four) month period has elapsed, the Buyer must send the Customer Service an unambiguous statement of their wish to cancel their order.

5.4 The amount of the delivery charges depends on the delivery method chosen by the Buyer. In any event, the amount of the delivery charges is shown to the Buyer before the order is confirmed.

VI. RETURNS
6.1 In accordance with Article L.221-18 of the Consumer Code, in the context of a distance or off-premises contract, any Buyer acting as a consumer as defined by the Consumer Code (the “Consumer”) has a period of 14 (fourteen) clear days from receipt of the order to exercise their right of withdrawal. To this end, the Buyer must send the Customer Service an unambiguous statement expressing their wish to withdraw. The Buyer shall bear the full cost of returning the ordered items.

6.2 Team Lupos offers any Consumer the option of returning ordered items for a refund within 14 (fourteen) calendar days from the date of delivery, provided that the returned items are in new, intact condition and in their original state and packaging. After this period, no item will be taken back or refunded.
As a commercial gesture, returns are covered by Team Lupos provided that they are made from Metropolitan France and Corsica and concern products not exceeding 30 (thirty) kg, excluding oversized and/or non-standard products.

6.3 However, no return provided for in Articles 6.1 and 6.2 will be accepted in the case of a specific order for items not held in stock, ordered specially for the Buyer and/or made to measure.

6.4 All returns must be accompanied by the authorisation number provided by the Customer Service on the day of the request. Part 1 of the return slip (upper part) must be affixed to the outside of the parcel being returned and part 2 (lower part) placed inside. Any return that does not mention or show the return slip number validated by our services will not be processed and will be held at your disposal at our warehouse.

6.5 If the item is not returned in new condition with its packaging, Team Lupos reserves the right to withhold a minimum of 40% (forty percent) of the price of said item for storage, packaging or refurbishment costs.

VII. WARRANTY
7.1 All products sold by Team Lupos are subject to the legal guarantee of conformity within the meaning of Articles L217-4 et seq. of the Consumer Code and to the guarantee against latent defects within the meaning of Articles 1641 et seq. of the Civil Code.

7.2 To bring an action under the guarantee against latent defects, the Buyer has a period of 2 (two) years from discovery of the latent defect to request either cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

7.3 To bring an action under the guarantee of conformity, the Consumer has a period of 2 (two) years from delivery of the product to request either repair or replacement of the product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. The legal guarantee of conformity applies independently of any commercial warranty that may cover the purchased product.

7.4 To benefit from these guarantees, the Buyer must send the Customer Service an unambiguous statement.

VIII. PAYMENT AND PAYMENT TERMS
8.1 Products available in stock are payable in cash at the time of ordering.

8.2 Accepted payment methods are Bank Card, Paypal and E-Gift Card.

8.3 For Consumers domiciled in Metropolitan France, Corsica or the French overseas departments (DOM), payment for the order may be made in 3 (three) or 4 (four) interest-free instalments with our partner ONEY under the conditions listed below:
• For an order from €100 (one hundred euros) to €2,000 (two thousand euros) including VAT: option to pay in 3 (three) monthly instalments,
• For an order from €350 (three hundred and fifty euros) to €2,000 (two thousand euros) including VAT: option to pay in 4 (four) monthly instalments.
Only French Bank Cards valid for the duration of the financing (excluding Maestro, Electron and American Express) are accepted.

8.4 The order is shipped after payment.

8.5 Any sum paid by the Buyer when ordering is considered by the parties as a deposit (arrhes).

8.6 In the event that Team Lupos has exceptionally granted special payment terms, the products shall be subject to a retention of title until full payment of the price, costs and incidentals. In the event of non-payment of any of the agreed instalments, Team Lupos may apply the termination clause. This termination clause does not affect the immediate transfer of risks to the Buyer.

8.7 Where a credit note has been granted as a commercial gesture, the Buyer will receive it electronically. It may be used on the next order placed by telephone only. This credit note is valid for a limited period of 12 (twelve) months from its date of issue. The credit note is personal and non-transferable.

8.8 In the event of late payment, late-payment interest will be charged at a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 (ten) percentage points, together with a fixed indemnity for recovery costs of 40 (forty) euros per invoice unpaid at its due date.

8.9 In the event of non-payment, Team Lupos shall be entitled to claim damages from the Buyer amounting to 15% (fifteen percent) of the amount of the debt including VAT, with a fixed minimum of 300 (three hundred) euros per debt, regardless of the amount of the loss actually suffered.

8.10 Where special payment terms have been granted, these terms shall immediately lapse in the event of total or partial late payment.

8.11 In order to secure the use of its customers' payment methods, Team Lupos may request any supporting documents (relating to identity, address and/or the payment method used) or require payment by bank transfer. Failure or refusal to provide the requested documents or to pay by bank transfer may lead team lupos to refuse the order concerned. The time taken to send the requested documents to team lupos or to receive the transfer may delay the shipment and delivery of the ordered products accordingly.

IX. RETENTION OF TITLE CLAUSE
Pursuant to Law 80.335 of 12 May 1980, Team Lupos retains ownership of the products until full payment of the price and its incidentals. In the event of total or partial non-payment of the price of the ordered products when due, for any reason whatsoever, by express agreement, Team Lupos reserves the right, without formality, to physically repossess these products at the Buyer's expense and risk.

X. INTELLECTUAL PROPERTY
All trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the products sold, their accessories and their packaging, whether registered or not, are the property of team lupos or its partners. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of team lupos, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, illustration, image, symbol and/or logo and more generally any distinctive sign intended to form a composite logo. This prohibition also applies to any copyright, design, model and patent that are the property of Team Lupos.

XI. PERSONAL DATA
As data controller, Team Lupos may collect personal data. In accordance with the French Data Protection Act (Loi Informatique et Liberté) of 6 January 1978 and Regulation (EU) No. 2016/679, the Buyer has the right to access, rectify and object to personal data concerning them, which may be exercised by sending a request to that effect to the Customer Service, taking care to specify their surname, first name and address.

Team Lupos invites you to consult its personal data protection policy available on the OS Site.

XII. FORTUITOUS EVENTS AND FORCE MAJEURE
12.1 The obligations of Team Lupos shall be suspended in the event of a fortuitous event or force majeure as defined by French legislation and case law, delaying or preventing their performance. In this case, team lupos cannot be held liable and the Buyer may not claim any compensation of any kind whatsoever.

12.2 Team Lupos will notify the Buyer of the occurrence of such an event as soon as possible.

12.3 If the suspension of Team Lupos's obligations continues beyond a period of 4 (four) consecutive months, the Buyer may cancel the current order and Team Lupos will then refund the order.

XIII. DISPUTE RESOLUTION
13.1 Any difference or dispute relating to the GTCS shall be governed by French law, to the exclusion of any conflict-of-law rules and of the 1980 United Nations Convention on Contracts for the International Sale of Goods.

13.2 For any dispute arising between Team Lupos and a Buyer who, in accordance with the definition given in the preliminary title of the Consumer Code, acts as a professional, the Toulon Commercial Court shall have sole jurisdiction.

13.3 In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Team Lupos is a member of the FEVAD e-commerce Mediation Service (Fédération du e-commerce et de la vente à distance), whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After a prior written approach by consumers to team lupos, the Mediation Service may be referred to for any consumer dispute that has not been resolved.
To find out how to refer a matter to the Mediator, click here.

13.4 The European Commission has set up a dispute resolution platform intended to collect any complaints from European Consumers following an online purchase and forward them to the competent national mediators. This platform is accessible via the link by clicking here.

13.5 In the event of any contradiction between the French version and the English version of the GTCS, the French version shall prevail.