General terms of sale

General Terms of Sale

As of 17 November 2017

Preamble

Ownership and content of the website: the website and the elements included in its content such as the trademark, logo, name and other distinctive marks, and all of the rights relating to them, are entirely the property of CRYOGEN. Any reproduction, in whole or in part, is prohibited without the express prior authorisation of CRYOGEN.

The identity of CRYOGEN is specified below:
Sole proprietorship held by Mr François BORZELLINO
Company unit registration number (SIRET): 434 098 760 00011
French Data Protection Authority (CNIL) No.: 2063659 v 0
Address: 86 rue PAUL BERT, LYON 69003, FRANCE / Tel.: +33 (0)4 78 14 55 22 / email: hello(at)motormemo.com

CUSTOMER SERVICE DEPARTMENT: Tel. +33 (0)4 78 14 55 22 / email: hello(at)motormemo.com

CRYOGEN designs and produces products (logbooks for antique and classic cars, for collectors or more casual enthusiasts, and stationery in general for all types of vehicles etc.), hereinafter referred to as the “Products”.

Before placing any orders, customers can visit the website to obtain the details and characteristics of the Products and their prices.

  1. Acceptance of the General Terms of Sale

Customers acknowledge that they have read the General Terms of Sale displayed on this screen before placing an order, and expressly declare that they accept them without reservations. These General Terms of Sale govern the contractual relations between CRYOGEN and its customers regardless of whether their place of residence, or the place where the order is placed, is in France or abroad. They take precedence over all other conditions in all other documents, unless an exception is expressly provided for beforehand in writing by CRYOGEN.

It is specified that these Terms of Sale mainly apply to customers who have the status of consumers according to the French Consumer Code. For all customers who have professional status according to the aforementioned Code, these Terms of Sale apply with the exception of the provisions applicable to consumers and in particular the right of withdrawal.

Customers are bound by these General Terms of Sale once they have confirmed their order, and can keep and reproduce them (e.g. by saving and printing them).

CRYOGEN can modify these General Terms of Sale at any time, without notice. The applicable terms are those in force on the website when the order is confirmed. CRYOGEN reserves the right to make changes, without notice and at any time, to the layout, shape, size, materials and finish of the Products for which the illustrations, photographs, descriptions or content are included on this website.

  1. Orders

In its proposal, CRYOGEN will inform the customers of the different stages to be completed to conclude and confirm their order, and the technical means that enable them to identify errors in the data entered and correct them before confirming their order.

Before confirming their order, customers can check the breakdown and total cost of the order and correct any errors.

Two clicks are required to grant approval:

  • the first click confirms the order,
  • the second click permanently confirms the order after it has been checked and corrected if necessary.

The systems for automatic recording of orders are deemed to provide proof of the nature and content of the order. CRYOGEN will send confirmation of acceptance of the order to the customers at the email address they have provided. The sale is concluded once CRYOGEN has confirmed receipt of payment of the order, i.e. on the date of confirmation of payment for orders paid for online by bank card. In any case, CRYOGEN reserves the right to reject or cancel any order by a customer with whom there is a dispute regarding the payment of a previous order.

Contracts concluded online for an amount equal to or higher than €120 will be archived by CRYOGEN for the period required by law, to allow customers to access them.

  1. Price and payment

All orders must be paid for. The prices indicated on the Product description page do not include shipping costs. Shipping costs are indicated in the order summary in the customer’s shopping basket. Shipping costs do not include the standard customs duties which are payable by the customer. Shipping costs vary according to the delivery address.

The price indicated in the confirmation of order is inclusive of tax and includes VAT for France and countries within the European Union. It does not include VAT for countries outside the European Union. The price indicated in the confirmation of order indicates separately the price of the Product(s) and the shipping costs.

Different payment methods are proposed:

PAYPAL or STRIPE, a payment method that accepts numerous bank cards. This payment solution is free of charge for the customer. It is entirely secure and is used by millions of consumers all over the world.

Payment is made in euros, regardless of the customer’s place of residence or nationality or the place of delivery of the Product(s).

It should be noted that for professional customers, any late payment, even of a single amount, results in a late payment penalty at a rate equal to three times the legal interest rate, and lump-sum compensation for recovery costs of €40.

  1. Retention of title clause

By express agreement, and in accordance with the provisions of the Law of 12 May 1980, the Products ordered remain the property of CRYOGEN until payment of the price in full by the customer. In the event of non-performance of obligations by the customer for whatever reason, CRYOGEN will be entitled to demand the immediate return of the products at the customer’s cost and risk.

  1. Availability and shipping of the Products

The product offerings and prices are valid as long as they are visible on the website and are subject to availability.

All of the time limits indicated on MOTORMEMO.COM are given in working days (excluding weekends and public holidays).

If a Product is not available, customers can contact CRYOGEN to find out when it will be available.

Orders are processed, prepared and shipped, i.e. given to the carrier or shipping service selected, as soon as possible following confirmation of payment by the customer, if payment is made by bank card.

  1. Delivery

Orders are delivered by service providers who are independent of CRYOGEN and within the time limit indicated by the service providers, who may however be subject to contingencies. When the order has been shipped, the customer will receive an email with all of the delivery tracking information.

Furthermore, for deliveries outside Metropolitan France, the customer agrees to pay all of the taxes due when importing the products, customs duty, value added tax and all other taxes due pursuant to the laws of the country where the order is received. All orders placed with CRYOGEN are intended for the customers’ private use, and the customers or consignees of the Products shall refrain from any sale of all or part of them. CRYOGEN cannot be held liable for failure by the customer to pay any taxes required.

In the event of failure to comply with the above time limit (except for force majeure) customers can either maintain the order and ask for a reasonable delivery period, or cancel the order by sending CRYOGEN a registered letter with acknowledgement of receipt. To do so, according to legal provisions they have 60 working days from the time limit specified for delivery of the Product.

If the delivery has still not taken place between the sending and receipt of the aforementioned letter, the contract is deemed to have been broken.

CRYOGEN will repay all of the amounts paid by the customer (including shipping costs) as soon as possible, and at the latest within 14 days of cancellation of the order by the customer.

Regardless of the place of delivery, delivery is carried out during the time slot agreed with the customer by delivering the Product directly to the specified consignee, or if they are absent, to another person authorised for that purpose by the customer. If no consignee is present, a non-delivery notice is left at the delivery address. Any costs of further delivery attempts are payable by the customer. Customers must check the condition of the Products when they are received. In the event of damage, they must clearly indicate their reservations on the delivery slip and repeat them to the carrier by registered letter with acknowledgement of receipt within three (3) days of delivery, in accordance with Article L.133-3 of the French Commercial Code.

Furthermore, they must inform CRYOGEN by registered letter with acknowledgement of receipt of any damage due to transport within eight (8) days of receipt. No complaints will be accepted if these formalities are not respected.

In any case, CRYOGEN will be freed from its obligation to deliver in the event of:

* a force majeure event such as in particular, a war, riot, fire, strikes, accidents or impossibility of obtaining supplies,

* non-performance by the customer of any of its obligations (payment of the price, accuracy of the information provided by the customer such as the delivery address or any information required by the customs authorities of the destination country)

  1. Warranty

Only customers who are consumers benefit from the following legal warranties. In all cases, CRYOGEN is liable for any non-conformity of the Products with the contract, in accordance with Article L.211-4 et seq. of the French Consumer Code, and any latent defects in the goods sold as specified in Articles 1641 et seq. of the French Civil Code, under the following conditions:

If customers submit a claim under the legal warranty of conformity (i) they must make the claim within two years of delivery; (ii) they can choose between the repair or replacement of the Product, subject to the conditions regarding costs specified in Article L211-9 of the French Consumer Code; (iii) they need not provide proof of the existence of a non-conformity in the Product during the first six months following delivery of the product (increased to 24 months from 18 March 2016), and (iv) the legal warranty of conformity applies regardless of any commercial warranty granted.

Customers can decide to submit a claim under the warranty against latent defects in the goods sold as defined in Article 1641 of the French Civil Code and in this case, they can choose between cancellation of the sale or a reduction in the sales price in accordance with Article 1644 of the French Civil Code.

The following are excluded from the warranty:

  1. Non-compliant use, maintenance or preservation of the Product.
  2. Damage due to incorrect handling or use for professional or commercial purposes.
  3. Damage due to an external event.
  1. Limitation of liability

Pursuant to current regulations, CRYOGEN is not liable for non-performance or poor performance of the contract that is attributable to the consumer, to an insurmountable and unforeseeable act by a third party to the contract, or to a force majeure event.

  1. Withdrawal

In accordance with Articles L.121-20 et seq. of the French Consumer Code, consumers have fourteen (14) days from the date of receipt of the order to return the Product in its original packaging, at their own expense, for replacement or repayment. Returned Products will only be accepted if they have not been unpacked or used, and are returned in new condition. This right of withdrawal does not apply to Products that are customised or tailor-made, according to the customer’s instructions or options during confirmation of the order, and need to be tailor-made. These Products are not available for immediate delivery and the time required to produce them is indicated on the website. Specific materials or colours chosen by the customer for the Product ordered, as well as associations of colours, are deemed to be orders for customised Products that must be tailor-made.

The provisions regarding withdrawal do not apply to companies or professionals. Only consumers have the right of withdrawal (Articles L.121-20 et seq. of the French Consumer Code).

Procedure:

Consumers must notify their wish to withdraw from the contract before the end of the withdrawal period. To do so, they can either send an email to the CUSTOMER SERVICE DEPARTMENT, or send a letter to the following address:

CRYOGEN, Mr François BORZELLINO, Customer Service Department, 86 rue PAUL BERT, LYON 69003, FRANCE

CRYOGEN will send the consumer a return authorisation number which must be noted clearly near the address label affixed to the parcel. If the consumers fail to inform CRYOGEN beforehand of their wish to withdraw, their parcel will be rejected and returned to them.

Consumers must return the Products to CRYOGEN within fourteen days of notification of their decision to withdraw from the contract. CRYOGEN undertakes to check the condition of the goods on receipt of the returned parcel.

The customer will be repaid within 14 days of the withdrawal date. However, CRYOGEN is entitled to suspend repayment until the Product is returned to it by the customer.

If the Product is not returned in new condition, its value may be depreciated during repayment of the Product. It is up to the consumer to take all necessary steps to ensure that the Product is returned in perfect condition. It is the responsibility of the consumers who wish to return a product to take out insurance against any damage that may occur during shipping.

CRYOGEN will repay all amounts received from the consumer, including the delivery charges, unless the customer requested a more expensive delivery method. The refund will be made using the same method of payment used by the consumer when the order was confirmed (unless the consumer expressly agrees to another method of payment and provided that the repayment does not entail costs for the consumer).

  1. Personal data

The customer’s personal data is required in order to process and ship orders, and draw up invoices and warranty agreements. Failure to provide information will result in the order not being confirmed. In accordance with the French Data Protection Act, the processing of customers’ personal data has been declared to the French Data Protection Authority (CNIL) under reference number 2063659 v 0.

Customers have the right to access, modify, correct and delete their personal data (Article 34 of the Law of 6 January 1978) which they can exercise by contacting CRYOGEN. Furthermore, CRYOGEN undertakes not to pass on the contact details of its customers to third parties, either free of charge or against payment.

  1. Applicable law

This contract is governed by French law.

In the event of a claim, customers can contact the CUSTOMER SERVICE DEPARTMENT, send an email, or send a letter to the following address:

CRYOGEN, Mr François BORZELLINO, Customer Service Department, 86 rue PAUL BERT, LYON 69003, FRANCE.

If an amicable solution cannot be found, in accordance with the new regulations customers can refer the matter free of charge to a consumer ombudsman in order to settle the dispute.

In the event of a dispute with a professional customer regarding the interpretation or performance of these General Terms of Sale, the Commercial Court of LYON shall alone have jurisdiction.