General Terms and Conditions of Sale for Evotech Perf
The online store on the website evotechperf.com has been established by the sole proprietorship Evotech Perf, which operates this site. Any order placed for a product listed in the online store of the website evotechperf.com implies prior consultation of these general terms and conditions. Consequently, the consumer acknowledges being fully informed that their agreement regarding the content of these general terms does not require the handwritten signature of this document, as the customer wishes to order online the products presented in the store of the website.
The consumer has the option to save or edit these general conditions, it being specified that both saving and editing this document are solely their responsibility. The online store established by the sole proprietorship Evotech Perf on the website provides the following information: legal notice allowing for precise identification of the sole proprietorship Evotech Perf.
- Presentation of the essential characteristics of the goods offered
- Indication, in Euros, of the price of the goods, as well as, where applicable, shipping costs
- Indication of payment, delivery, or execution methods
- Existing right of withdrawal (14 working days upon receipt of the order)
- Duration of validity of the offer or price
- Conditions for terminating the contract when it is of indefinite duration or longer than one year.
All this information is presented in French. The consumer declares that they have full legal capacity enabling them to engage under these general terms.
ARTICLE 1: SCOPE OF APPLICATION
Integrality These general terms express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions contained in these general terms. No general or specific conditions stated in documents sent or provided by the consumer can be integrated into these terms, as long as these documents are incompatible with these general terms.
ARTICLE 2: OBJECT
The purpose of these general terms is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the sole proprietorship Evotech Perf to individual and professional consumers.
ARTICLE 3: CONTRACTUAL DOCUMENTS
This contract is formed by the following contractual documents, presented in descending order of hierarchy: these general terms of sale; the order; the purchase order. In case of a contradiction between the provisions contained in documents of different ranks, the provisions of the higher-ranked document shall prevail.
ARTICLE 4: ENTRY INTO FORCE - DURATION
These general terms come into effect upon placing the order. These general terms are concluded for the duration necessary for the provision of the subscribed goods and services, until the expiration of the guarantees owed by the sole proprietorship Evotech Perf.
ARTICLE 5: ELECTRONIC SIGNATURE
The validation of the order at the time of the consumer's payment constitutes an electronic signature that has, between the parties, the same value as a handwritten signature.
ARTICLE 6: ORDER CONFIRMATION
The contractual information will be confirmed via email no later than at the time of delivery or, failing that, at the address indicated by the consumer in the purchase order.
ARTICLE 7: PROOF OF TRANSACTION
Computerized records, stored in the information systems of the sole proprietorship Evotech Perf under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as evidence.
ARTICLE 8: PRODUCT INFORMATION
8-A:
The sole proprietorship Evotech Perf presents on its website the products for sale with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides the potential consumer the ability to know the essential characteristics of the products they wish to purchase before the final order is placed.
8-B:
The offers presented by the sole proprietorship Evotech Perf are only valid within the limits of available stock or during the current promotional period.
8-C:
The sole proprietorship Evotech Perf reserves the right to cancel the sale of a product if it is sold at a loss. Selling at a loss is a misdemeanor punishable by a fine of 375,000 euros for a legal entity (Article 131-38 of the Penal Code).
8-D:
Only the prices displayed on the website serve as the reference price.
8-E:
The photos of the products illustrated on the website evotechperf.com are non-contractual.
ARTICLE 9: THE ORDER
9-A:
The order can only be recorded if the user is clearly identified: either by logging into their account with their access codes or by creating an account on the website if they are not yet registered. The ordering process is as follows:
- Selecting items and adding them to the cart
- Validating the cart contents
- Identifying or creating an account on the website www.evotechperf.com
- Selecting the payment method and accepting the T&Cs
- Validating the payment
9-B:
For communication and information purposes regarding the processing of the order, the sole proprietorship Evotech Perf emphasizes the importance of providing your mobile contact details.
9-C:
Selling at a loss constitutes a misdemeanor punishable by a fine of 375,000 euros for a legal entity (Article 131-38 of the Penal Code). The sole proprietorship Evotech Perf reserves the right to cancel, modify, or request additional payment for any orders that do not comply with this condition, whether from an individual or professional client.
ARTICLE 10: PRICES
Prices are indicated in euros and are only valid on the date the order is sent to the consumer. They do not take into account shipping costs, which are charged additionally and indicated before order validation. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Any pricing error results in the nullity of the order. Full payment of the price must be made at the time of ordering. At no time can the sums paid be considered as deposits or down payments.
ARTICLE 11: PAYMENT METHOD
To pay for their order, the consumer has the choice of all payment methods mentioned in the order. The consumer guarantees the sole proprietorship Evotech Perf that they have any necessary authorizations to use the chosen payment method when validating the purchase order.
Notably, the option for payment in installments is available with the services of Payplug x Oney, whose T&Cs are available here.
The sole proprietorship Evotech Perf reserves the right to suspend any order processing and delivery in the event of refusal of payment authorization by credit card or any other payment method by officially accredited organizations or in case of non-payment.
The sole proprietorship Evotech Perf reserves the right to refuse to deliver or honor an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.
The sole proprietorship Evotech Perf has implemented a verification procedure for orders to ensure that no person is using another's bank details without their knowledge. As part of this verification, the customer may be asked to send a fax or email to the sole proprietorship Evotech Perf a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification by our services of the sent documents.
ARTICLE 12: PRODUCT AVAILABILITY
The order will be executed no later than 3 days from the day following the date on which the consumer placed their order. The execution of the order means that for unavailable products, restocking will be arranged with the suppliers of the sole proprietorship Evotech Perf. In the event that the sole proprietorship Evotech Perf becomes aware of the unavailability of the product ordered by the customer, particularly due to the suppliers of the sole proprietorship Evotech Perf, the consumer will be informed as soon as possible and will have the option to cancel their order. The consumer will then have the choice to request either a refund of the amounts paid within 30 days of their payment or an exchange of the product for a product of similar price and range or to modify their order.
ARTICLE 13: DELIVERY TERMS
Products are delivered to the address provided by the consumer on the order form. At their request, the consumer can receive an invoice sent to the billing address rather than the delivery address by selecting the appropriate option in their client area during the order process. As soon as we proceed with a shipment, you will immediately receive an email notifying you. As with any shipment, there may be delivery delays or the product may get lost. In case of a delay in delivery compared to the date indicated in the shipping email, we ask you to report this delay by calling us or by contacting us via email at contact@evotechperf.com. We will then contact the carrier to initiate an investigation. An investigation conducted by La Poste can last up to 21 days from the start date of the investigation. If the product is found during this period, it will be redirected immediately to your home (in most cases). However, if the product is not found after the 21-day investigation period, La Poste considers the package lost. Only then will Evotech Perf be able to send you a replacement product. If the ordered product(s) are no longer available at that time, we will refund the amount for the products lost by the carrier. We disclaim any responsibility for extended delivery times due to the carrier, particularly in cases of lost products or strikes.
If the phone number is not provided to the carrier when the order is placed, Evotech Perf will not bear the cost of resending the order.
ARTICLE 14: DELIVERY ISSUES DUE TO THE CARRIER
Any anomalies concerning the delivery (damage, damaged package, broken products, etc.) must be indicated on the carrier's delivery receipt as "handwritten reservations," accompanied by the customer's signature. The consumer must also confirm this anomaly by sending a registered letter with acknowledgment of receipt to the carrier within two (2) working days following the delivery date, detailing the claims. The consumer must send a copy of this letter by email or regular mail to:
EI Evotech Perf - 53 rue des alliés, 33260 La Teste de Buch
Without proof of reservation concerning the product anomaly, Evotech Perf disclaims any responsibility and is released from any exchange or refund of the damaged product(s). This applies to product exchanges as well; without the return of the item or proof of delivery, the company will not cover the exchange if the product has not physically arrived at our premises.
ARTICLE 15: PRODUCT WARRANTY
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein cannot deprive the consumer of the legal warranty that obliges the professional seller to guarantee against all consequences of hidden defects in the sold item.
The consumer is expressly informed that Evotech Perf is not the producer of the products presented on the website, in the sense of Law No. 98-389 of May 19, 1998, related to liability for defective products. Consequently, in the event of damage caused to a person or property by a product defect, only the liability of the product's producer can be sought by the consumer, based on the information on the product's packaging. The conditions and duration of the producer's warranty are indicated on the product sheets or, failing that, on the product's packaging. Given the frequency of renewal of technical product components, Evotech Perf can, upon request, inform the consumer about the availability of spare parts for the offered products and the methods to obtain them.
ARTICLE 16: RETURN OF MERCHANDISE
1 - Right of Withdrawal:
In accordance with the provisions of Article L.121-21 of the Consumer Code, the customer has a period of 14 days from the receipt of their order to exercise their right of withdrawal without having to justify their decision.
The start of the period is the day the order is received by the customer or by the third party designated by them. If the 14-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
The Customer who wishes to withdraw must, within this 14-day period, notify their decision by sending an email to contact@evotechperf.com or using the means provided in their client area to request a product return. In the case of a withdrawal return, our company is obligated to refund the amounts paid.
Any accepted return by Evotech Perf will lead to either a refund or a credit note (at the customer's choice) after qualitative verification of the returned products in their original packaging. Returns must be made via Colissimo Follow-Up with Signature, which is necessary in case of misappropriation or loss of the merchandise by their services.
In all cases, the return for the right of withdrawal is at the consumer's expense.
The right of return will only be accepted for products in their original condition and complete (packaging, accessories, instructions, etc.), and in new condition. Items returned incomplete, damaged, marked with assembly traces, or soiled by the customer will not be accepted and will be immediately returned.
2 - Non-Conformity Cases:
As current products become more technical, Evotech Perf systematically asks you to mention the Brand, Model, and Year of the machine in the comments section of your order form.
In the case of non-conformity of the delivered product (excluding Universal Products) and provided that the customer has correctly indicated this information when ordering, all costs will be borne by Evotech Perf (return, exchange, etc.).
Otherwise, return transport costs will remain the customer's responsibility.
3 - Apparent Defects Cases:
In the case of an apparent defect of the delivered product duly noted by Evotech Perf as provided in these terms of sale, the customer may obtain a free replacement or refund of the product as well as return shipping costs.
To do so, requests must be made via email by contacting contact@evotechperf.com, and Evotech Perf may request additional information such as photos or videos to validate the return.
ARTICLE 17: USAGE RIGHTS
The right to use the software from **Evotech Perf** as well as those distributed by it is granted to the consumer on a non-exclusive, personal, and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has the right to reproduce exclusively for creating a backup copy, when necessary to preserve the use of the software. In any case, the author of the software retains ownership rights over their work, which the consumer agrees to respect.
ARTICLE 18: FORCE MAJEURE
Neither party shall be deemed to have breached its contractual obligations if its performance is delayed, hindered, or prevented by an accident or force majeure. Any facts or circumstances that are irresistible, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and cannot be prevented by them, despite all reasonable efforts, shall be considered as an accident or force majeure. The party affected by such circumstances shall notify the other party within ten working days following the date on which it became aware of them. The two parties will then meet within one month, unless prevented by the force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued.
If the force majeure lasts more than three months, these general conditions may be terminated by the affected party. Specifically, the following shall be considered as force majeure or fortuitous events, in addition to those commonly recognized by the jurisprudence of the French courts: blockage of means of transportation or supply, earthquakes, fires, storms, floods, lightning, interruption of telecommunication networks, or difficulties inherent to telecommunication networks external to the customers.
ARTICLE 19: PARTIAL INVALIDATION
If one or more provisions of these general conditions are held to be invalid or declared such under a law, regulation, or as a result of a final decision by a competent jurisdiction, the other provisions shall retain their full force and scope.
ARTICLE 20: NON-WAIVER
The fact that one party does not invoke a breach by the other party of any of the obligations outlined in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.
ARTICLE 21: TITLE
In the event of any difficulty in interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared nonexistent.
ARTICLE 22: APPLICABLE LAW
These general conditions are subject to French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer should first contact the individual company Evotech Perf to seek an amicable solution. If necessary, the consumer may file a complaint with Evotech Perf through its dedicated dialogue box.
ARTICLE 23: DATA PROTECTION
The information requested from the consumer is necessary for processing their order and may be communicated to the contractual partners of the individual company Evotech Perf involved in the execution of this order. The consumer can write to Evotech Perf, whose contact details are in the privacy policy on the website, to oppose such communication or to exercise their rights of access and rectification regarding the information concerning them and held in Evotech Perf's files, as provided by the law of January 6, 1978.