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COMMERCIAL GUARANTEE CONTRACT
WARRANTY BACK2CAR " 2 YEAR " - REUSE PARTS
Version effective as of September 1, 2023
downloadable version
PRELIMINARY ARTICLE - DEFINITIONS
customer : the major non-professional buyer who acquired products offered for sale, namely used automotive parts, on the website https://www.back2car.fr (« the Website")
guarantor : the seller of the Warranty Document, namely any of the Sellers whose identity and contact details are as follows:
SEVP 2 A
The company SEVP 2 A is a simplified joint-stock company with a sole shareholder’s share capital of €2,700,000, registered in the Saint-Quentin Trade and Companies Register under number 340 242 445, whose intra-community VAT number is FR33340242445.
Postal address (registered office): SEVP 2 A - 418 rue de Paris - 02100 Saint-Quentin
AXIOMAUTO
Axiomauto is a simplified joint-stock company with a sole shareholder’s share capital of 10,000 euros, registered with the Amiens RCS under number 527 887 111, whose intra-community VAT number is FR60527887111.
Postal address (registered office): Axiomauto - 85 rue André Durouchez - 80 080 Amiens
GENEVA USED
Genève Occasion is a simplified joint-stock company with a single shareholder’s share capital of 2,016,000 euros, registered with the Niort Trade and Companies Register under number 338 030 851, whose intra-community VAT number is FR51338030851.
Postal address (registered office): Geneva Used - 199 rue Jean Jaurès - 79000 Niort
DUPAS
The company Dupas is a simplified joint-stock company with a sole shareholder’s share capital of 76,224.51 euros, registered in the Melun RCS under number 352 512 248, whose intra-community VAT number is FR76352512248.
Mailing address (registered office): Dupas - 26 rue du Moulin Rouge - 77140 Saint-Pierre-Les-Nemours
BACK2CAR Commercial Warranty : commercial guarantee within the meaning of Article L217-21 and following of the Consumer Code.
warranted part : Reused part subject to the BACK2CAR Commercial Warranty, mentioned on the invoice issued by the Guarantor.
normal wear: characterized by the comparison between, on the one hand, the observed condition of the damaged parts or components and their use time and, on the other hand, the average operating potential usually lent to them. The assessment will be made, if necessary, by expert opinion.
ARTICLE 1 - OBJET DE LA GARANTIE COMMERCIALE BACK2CAR
The purpose of this Commercial Warranty Contract is to define the conditions for applying the BACK2CAR Commercial Warranty offered by the Guarantor, in the context of the sale of Reused Parts. This Commercial Warranty Agreement applies to all Warranty Parts billed starting from 01 September 2023.
The BACK2CAR Commercial Warranty is free of charge. It offers extended protection of the Guaranteed Part for a period longer than that of the legal guarantee of conformity. It does not override the provisions relating to the legal warranty against hidden defects in articles 1641 et seq. of the Civil Code, which benefits all buyers, and the legal warranty regarding the conformity of goods in articles L217-3 et seq. of the Consumer Code, from which all non-buyerprofessional benefits.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
For used goods, such as the Guaranteed Part, this period is set at one year, in accordance with Article L217-7 of the Consumer Code.
Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the legal guarantee shall be applicable to that digital content or digital service throughout the entire period of its supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days following his request, free of charge and without significant inconvenience for him..
If the item is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by retaining the goods or terminate the contract by being fully reimbursed for the return of the goods, if:
1° The professional refuses to repair or replace the item;
2° The repair or replacement of the property occurs after a period of thirty days;
3° The repair or replacement of the goods causes a significant inconvenience for the consumer, in particular when the consumer permanently bears the costs of repossession or removal of the non-compliant goods, or if he bears the costs of installing the repaired or replaced goods;
4° The non-conformity of the property persists despite the seller’s unsuccessful compliance attempt.
The consumer is also entitled to a reduction in the price of the goods or the termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to the resolution of the sale if the lack of conformity is minor.
Any period of immobilization of the property for its repair or replacement suspends the warranty that remained to run until the delivery of the restored property.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who, in bad faith, impedes the implementation of the legal guarantee of conformity shall incur a civil fine of up to 300,000 euros, which may be increased up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the property is kept or to a full refund upon return of the property.
The BACK2CAR Commercial Warranty covers the cost of replacing or repairing Guaranteed Parts in case of a latent defect or lack of conformity.
The BACK2CAR Commercial Warranty does not cover:
- Labor costs,
- Any other expenses that may be incurred by the Customer (such as shipping costs, breakdown assistance, towing, parking, vehicle immobilization, rental of a replacement vehicle, etc.),
- Damages of any kind that may result from the latent defect or lack of conformity of the Warranty Part.
ARTICLE 2 - EFFECTIVE DATE AND DURATION OF RE-EMPLOYMENT AT BACK2CAR
The BACK2CAR Commercial Warranty takes effect from the date of the purchase invoice for the Warranty Part. The BACK2CAR Commercial Warranty [CVS1] is valid for an unlimited duration [CVS2] if the purchase invoice was issued from September 1, 2023..
In the event that the purchase invoice was issued before 1 September 2023, the Customer does not benefit from this warranty. It benefits from the Back2Car 2-year commercial warranty applicable to purchases invoiced prior to September 1, 2023, the terms of which are accessible via the following link : Commercial warranty terms - 2 years
ARTICLE 3 - EXCLUSIONS
The BACK2CAR Commercial Warranty may only be applied in the event of a hidden defect or lack of conformity affecting the Warranty Part. The warranty may not be applied if the defect affecting the Warranty Part results in particular from:
- The defect, malfunction or consequences of a Warranty Part on a part not covered by the BACK2CAR Commercial Warranty, but also of a part not covered by the BACK2CAR Commercial Warranty on a Warranty Part.
- For any use, modification, transformation or adaptation of the Warranty Part outside the intended destination.
- From an intervention on the Warranty Part, a poor assembly or a lack of focus.
- Of a maintenance defect in the Guaranteed Part.
- normal wear and tear.
ARTICLE 4 - IMPLEMENTATION OF GUARANTEE
The BACK2CAR Commercial Warranty may be applied in the event of a latent defect or lack of conformity, subject to the exclusions set out in Article 3.
As soon as the latent defect or lack of conformity is discovered, the Customer must inform the Guarantor’s Customer Service at the following number 0 800 800 222.
The Client must send the following information to the Guarantor, by email to [email protected]:
- Purchase invoice for the Warranty Part,
- References of the Part, and if applicable, any other information or any other document necessary for the examination of the request to implement the BACK2CAR Commercial Warranty.
Otherwise, the BACK2CAR Commercial Warranty cannot be applied.
If the Guarantor agrees, it will proceed with the exchange of the Guaranteed Part within the limits of available stocks. In the event of impossibility of exchange, the Guarantor will proceed with the reimbursement of the Guaranteed Part.