General terms and conditions of use and sale www.shiftech.eu/fr/shop

Last updated on 12/03/2024.

Welcome to www.shiftech.eu/fr/shop, the online sales site for car parts and accessories.

We invite you to read carefully these general conditions of use and general conditions of sale (hereinafter referred to as the "GCU/CGV") as well as our policy on the use of cookies in order to be able to browse and order on our website.

The User, whether an individual, a customer or not, is hereby informed that he or she is bound by these terms and conditions. The use of the services of our site, as well as any order, implies the prior, full and entire acceptance of these GCU/CGV and of our policy on the use of cookies, which you acknowledge having read.

Any access to and/or use of the www.shiftech.eu/fr/shop website implies compliance with and acceptance of all the provisions of these general terms and conditions. They therefore constitute a contract between SHIFTECH and the User/Customer.

Definitions

Customer: refers to any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity, aged 18 or over and having ordered at least once from the Site. The Customer has a SHIFTECH customer account.

• Identifier: refers to the e-mail address required to identify a User on the Site in order to access their account.
• Password: refers to the succession of characters which the User must keep secret and which, together with their User ID, enable them to access their account.
• Site: www.shiftech.eu/fr/shop
• publisher: refers to the company SHIFTECH
• User: refers to any person using the www.shiftech.eu/fr/shop website or any of the services offered on it.
• Identified User: refers to any person using the www.shiftech.eu/fr/shop website or one of the services offered therein and holding a SHIFTECH account .
• Product: refers to any product offered on the site, including but not limited to tyres, rims, packs, accessories, parts and vehicle maintenance products.
• Service: refers to any service offered on the site by the publisher or one of its Centres and in particular, without this list being exhaustive, any tyre fitting and balancing service offered to the Customer. It is understood that services provided by Centres are not payable to the publisher.

Conditions of access and use of the Site

The Site is accessible free of charge to any User with Internet access. The User is responsible for his/her computer equipment and Internet access . All costs relating to access to the Site shall be borne by the User/Customer.

The User will only be able to access his/her account after identification using his/her Username and Password. Users are required to keep their User ID and Password secret and must not disclose them to any third party.

SHIFTECH will do everything in its power to ensure 24/7 access to the Site , but cannot be held responsible for any problem or malfunction of the Site which may prevent access to the Site and/or the various services offered by SHIFTECH.

SHIFTECH will do its utmost to resolve any problem as quickly as possible.

Creating an account

Users may create an account on the Site if they wish to access and benefit from the following services/offers:

• access and activate a promotional code or discount associated with a user account in the shopping basket ;
• be kept informed of promotions and manage their newsletter subscriptions;
• make a return or after-sales service request;
• modify personal information;
• place and track orders.

By creating an account, the User accepts these GTC/CGV and our personal data protection policy.

Access to the services includes subscription to the publisher's newsletters. Identified Users may at any time modify the information they wish to receive or unsubscribe by clicking on the link provided for this purpose at the bottom of each newsletter.

This link is also accessible on the Site in the "My account" section.

Any natural person aged 18 or over may create an account on the Site . Each User may only create one SHIFTECH account.

All the fields in the account creation form must be completed, with the exception of those indicated as optional. Failure to do so will result in the account not being created. All information provided by the User must be accurate. The Customer may enter any telephone number:

office and/or mobile and/or home.

When the User creates an account on the Site, they will receive an account creation confirmation e-mail the same day. SHIFTECH reserves the right to delete any account that does not comply with these contractual conditions.

1. Purpose

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the publisher proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the publisher to the consumer. define the rights and obligations of the parties in the context of the sale of products by the publisher to the consumer, applying, without restrictions or reservations, to all sales by the publisherto the consumer.all sales, by the company SHIFTECH ENGINEERING acting under its trade name SHIFTECH (hereinafter referred to as SHIFTECH ), of the products offered on its SHIFTECH website.

Consequently, the fact that any person orders a product offered for sale on the SHIFTECH website implies full and complete acceptance of these general terms and conditions of sale, which the customer acknowledges having read prior to ordering.

Prior to placing an order, the purchaser declares :

• that the purchase of products on the SHIFTECH website is not directly related to his/her professional activity and is limited to strictly personal use;
• that he/she has full legal capacity, enabling him/her to commit to these general terms and conditions of sale.

SHIFTECH reserves the right to modify these general terms and conditions of sale at any time, depending on changes to the SHIFTECH website or to legislation. In such a case, SHIFTECH will inform the customer by posting on its SHIFTECH website. However, it is the customer's responsibility to regularly consult these general terms and conditions of sale in order to keep abreast of any such changes.

2. Company identity

The SHIFTECH website is operated under the trade name ST INTERNATIONAL

3. Access to the site

The buyer is personally responsible for setting up the IT and telecommunications resources required to access the SHIFTECH website. The purchaser retains responsibility for the telecommunication costs incurred when accessing the Internet and using the site.

4.1. Prices

The sale prices of products online on the SHIFTECH website, indicated in Euros, are those in force at the time the order form is registered by the customer. They do not include shipping costs, which are invoiced in addition to the price of the products purchased, depending on the mode of transport, weight, size and destination of the order. Shipping costs will be indicated before the order is placed by the customer. See article 7.1 for specific shipping charges (FedEx, Chronopost, etc.).

Prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products sold by SHIFTECH on its website.

If the customer resides in an export zone or country exempt from French VAT, this tax will be automatically deducted from the customer's order. In this case, the customer must pay the customs duties and taxes in force in the destination country to the carrier when the order is delivered.

The sale prices of products may be modified by SHIFTECH at any time. The customer will be informed of any such changes before placing an order.

4.2 Product characteristics - Availability

In accordance with Article L111-1 of the French Consumer Code, the customer may, prior to placing an order, take note, on the SHIFTECH Website, of the essential characteristics of the product(s) he/she wishes to order.

The offers presented by SHIFTECH are valid while stocks last. For products not stocked in its warehouses, the offers presented by SHIFTECH are valid subject to availability from its suppliers.

SHIFTECH reserves the right to modify the product range, particularly in the light of constraints linked to its suppliers. The photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding on the seller. In the event that a supplier modifies a product, the seller cannot be held responsible for the graphic representation of the product, nor can it affect the validity of the sale.

4.3. Order

Any order implies unreserved acceptance of these general terms and conditions of sale.

Prior to their first order, customers agree to create a customer account on the site by providing certain information to enable the order and delivery to be managed, in particular their first and last names, their postal address(es), their e-mail address required to confirm the order, and their telephone number(s). All of a buyer's information is protected by a personal password entered by the customer and which can be changed at will by the customer alone.

When placing an order, the customer must check the accuracy of the above information and correct it if necessary. This personal information can be modified at any time by the customer via their customer account.

The customer places his/her order in accordance with the process in force on the SHIFTECH Website, which is summarised as follows:

• The customer creates a "customer account" as part of their first order and registers their details in order to place an order or logs in via their existing customer account.
• The customer selects the various products they wish to order in order to create their shopping basket. The sole purpose of the basket is to list the products chosen by the customer, but in no way guarantees their reservation.
• The customer clicks on the "Order" button (the "first click" stage in accordance with article 1369-5 of the French Civil Code). They then choose a mode of transport and a method of payment. The customer has the option of correcting or modifying their order before final validation. SHIFTECH may under no circumstances be held liable for any input errors made by the customer, nor for any consequences thereof, and in particular for any delays or errors in delivery. In this case, the costs incurred by any re-shipment will be borne by the customer.
• The customer acknowledges the General Terms and Conditions of Sale and accepts their terms.
• The customer confirms the accuracy of the information given on the order summary and definitively confirms the order by clicking on the "Pay my order" button.this constitutes genuine acceptance of the offer, a commitment to pay and the conclusion of the contract (the "second click" stage in accordance with article 1369-5 of the French Civil Code).
• In the event of payment by bank transfer, the customer will receive an order confirmation by e-mail indicating the order number and the procedure to be followed for payment.
• The customer makes the payment in accordance with the procedures defined in article 5 below. The data recorded by SHIFTECH constitutes proof of the nature, content and date of the order.
• After payment by electronic means (credit card, Paypal, STripe), the customer receives an order confirmation by e-mail indicating his/her order number and the acceptance of his/her payment by the banking organisation.

SHIFTECH recommends that the customer keeps this information on a paper or computer document.

SHIFTECH informs the customer that no cancellation of an order can be accepted once the parcel has been dispatched or the product has been produced.

5.1. Terms and conditions / Payment validation

5.1.1. Currency

All orders, whatever their origin, are payable in Euros.

5.1.2. Transaction security and the fight against fraud

In order to ensure the security of transactions carried out on the SHIFTECH website and to combat credit card fraud, SHIFTECH reserves the right to ask the customer by e-mail to provide proof of identity, address and ownership of the credit card used for payment.

In this case, the customer will have a period of 2 days from the date of the request to send SHIFTECH the said proofs. After this period, the order will be cancelled.

All payments made on SHIFTECH are evaluated and checked.

In the event of a risk of non-payment on a transaction, SHIFTECH reserves the right not to proceed with the order or to require payment by bank transfer.

5.1.3. Payment by bank card (Visa, Eurocard, Mastercard, Carte Bleue)

This method of payment is available to customers who reside in and have a valid bank card issued in one of the following countries: Andorra, Austria, Belgium, Corsica, Denmark, Finland, France, Germany, Guadeloupe, French Guiana, Italy, Switzerland, Reunion Island, Luxembourg, Martinique, Mayotte, Monaco, Netherlands, New Caledonia, Norway, French Polynesia, Portugal, Spain, Saint Pierre and Miquelon, Switzerland, French Southern and Antarctic Territories, Wallis and Futuna

Wallis and Futuna.

In the case of payment by bank card, the full amount of the order will be collected by SHIFTECH at the time of payment of the order by the customer.

The customer guarantees SHIFTECH that he/she is the holder of the bank card used to pay for the order and that he/she has sufficient funds to cover payment of the order in full.

For payment by bank card, SHIFTECH uses the 3D SECURED system of the CIC Bank or STRIPE and its secure collection server. When paying by bank card, the customer will be directly and automatically connected to the STRIPE server. The customer's bank details, protected by SSL encryption, will not pass through, and will therefore not be stored by Shiftech's computer systems. When the payment transaction is processed using the 3D SECURED protocol, the customer's bank verifies the identity of the cardholder before validating the transaction. This service is offered to customers by their bank. The authentication process is specific to each bank (date of birth, code received by SMS, e-mail, etc.), so customers are advised to check beforehand that their bank card works with this system by consulting their bank. If the authentication process cannot be validated, the payment will be refused and the order automatically cancelled.

at the end of the transaction, once the banking information has been recorded and validated, a payment certificate is issued by STRIPE. It is the Customer's responsibility to keep this certificate as proof of the transaction entered.

In the event of STRIPE being unable to debit the sums due in settlement of the order, for whatever reason, the order will be automatically cancelled.

5.1.4. Payment by bank transfer

If the customer opts for this method of payment on the payment form when validating the order, the bank details for making the transfer will be sent to the customer on the order confirmation page and will be included in the order confirmation e-mail. The order will be processed as soon as payment is received. If payment is not received in Shiftech's bank account within 8 (eight) days from the date of the order, the order will be cancelled.

5.2. Reservation of ordered products

For the method of payment by "transfer", the products ordered are not reserved at the time of order and the delivery time will depend on actual availability on the day of receipt of payment from the customer.

5.3. Provision of the invoice

Once the customer's order has been dispatched in full, the invoice corresponding to the order will be available to download from the customer's SHIFTECH customer account for a period of 2 years.

5.4. Late payment/default of payment

5.4.1. For professional customers

For professional customers, penalties of an amount equal to the European Central Bank (ECB) key rate in force on 1st January or 1st July, increased by 10%, are automatically applicable to sums unpaid after the payment date stipulated in the transaction.

Acceptance of the parcel automatically entails, in the event of late payment, the application, in addition to the late payment penalties, of a fixed indemnity of €40 for collection costs.

5.4.2. For individual customers

For individual customers (natural persons), late payment penalties equal to three times the legal interest rate are automatically applicable to any sums outstanding after the payment date stipulated in the transaction.

In the event of late payment, acceptance of the parcel automatically entails the application of late payment penalties without any prior formal notice being required.

5.4.3. For all buyers (professional or private)

Regardless of the status of the customer (professional or private individual), it may never, on the grounds of a complaint made by it, withhold all or part of the sums owed by it, or operate a set-off.

Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions herein.

Any unpaid amounts will result in the disputed recovery of the debt, with all costs and expenses to be borne by the customer responsible for the incident.

The purchaser, having familiarised himself/herself with the products marketed by SHIFTECH and their characteristics, has, under his/her sole responsibility and in accordance with his/her needs as previously determined prior to any order, made his/her choice of the product(s) forming the subject of his/her order.

Furthermore, the customer is the sole judge of the compatibility of the products ordered with his/her vehicle.

It is the sole responsibility of the customer, if he or she does not consider himself or herself sufficiently competent, to seek the assistance of an advisor.

7.1. General rules

The products will be delivered by an independent private carrier to the address indicated by the customer when placing the order. This address may be that of a relay point, a SHIFTECH depot, the customer's home address, or any other address located in one of the destination countries proposed on the site when the order is placed.

In the event of delivery of products to a SHIFTECH centre, the customer undertakes to have these products assembled by this partner at the rate indicated by the latter, failing which the partner will be entitled to request any reasonable compensation from the customer in return for the service of receiving and storing the products.

In the event of partial availability of the products ordered, SHIFTECH may split the customer's order into several shipments. Thus, the available products may be sent initially, and the balance of the order will be sent when all the other products are available.

The delivery methods offered to the customer are determined according to the destination and nature of the products ordered (weight, size, number, shipping depots, compatibility with air transport). SHIFTECH will indicate to the customer all compatible delivery methods as well as their respective timescales and rates before the order is validated.

As carrier pricing is linked to the weight but also to the actual size of the parcel(s) (unknown before the customer's order is packed), the prices of the modes of transport announced by SHIFTECH when the order is placed are given for information purposes only. If the size of the package is greater than forecast, SHIFTECH will inform the customer and indicate the amount of the supplement to be paid. The customer will then have the choice of retaining the initial mode of transport by paying the supplement by credit card or bank transfer, changing to a cheaper mode of transport or cancelling the order.

7.2. Delivery procedure

Regardless of the mode of transport chosen by the customer, SHIFTECH draws the customer's attention to the importance of complying with the acceptance procedure set out below, failing which no complaint regarding delivery will be accepted.

7.2.1. For deliveries made by La Poste :

The Customer is required to check, in the presence of the Post Office employee or the delivery person, the condition of the packaging of the goods and its contents on delivery. In the event that the customer has any doubts whatsoever about the condition or content of the parcel, he/she is required to:

• To apply the Colissimo procedure (in particular to report any damage, claims and reservations) and to refuse the goods by immediately issuing an anomaly report to the Post Office employee (report 170).
• Immediately report these incidents to SHIFTECH.

7.2.2. For deliveries made by any carrier other than the Post Office

The customer (or any person receiving the delivery on their behalf) is required to check, in the presence of the delivery person, the condition of the package and the goods it contains, as well as the number of packages delivered.

• If, for any reason whatsoever (even with intact packaging), the goods in a parcel are damaged or incomplete, the customer must refuse the parcel and immediately note the precise reason for this refusal on the deliveryman's delivery note.
• If a parcel is damaged, open, repackaged or shows signs of damage but the customer considers that the goods conform to the order (Quality and Quantity), the customer may accept the parcel but must notify the deliveryman of the poor condition of the parcel on the delivery note. If, on the other hand, the customer has doubts about the conformity of the goods, they must refuse the parcel as indicated in the previous paragraph.
• If a parcel is missing (in relation to the quantity indicated on the carrier's delivery note), the customer must notify the number of missing parcels on the carrier's delivery note.

In the event of one of these anomalies, the customer must, within a maximum of 48 hours after the deliveryman's visit, send a sworn statement detailing the damage by registered letter with acknowledgement of receipt to :

ST INTERNATIONAL

1 rue Guy Baillereau
37540 Saint Cyr-sur-Loire.

In the absence of any recipient, a delivery notice will be left at the delivery address and a new appointment will have to be made.

It is specified that if the Customer is absent, the transport company may deliver the products to one of the Customer's neighbours, provided that the latter has agreed to receive the goods. The delivery will then be considered validly made.

The Customer must contact the transport company to arrange a new delivery or collection from the nearest branch of the transport company.

if the goods are not received or collected from the carrier's branch within 7 (seven) days of the first delivery notice, the goods will be returned to the sender's warehouse at the Customer's expense.

The return costs of 15 (fifteen) euros (including tax) per parcel for metropolitan France (excluding Corsica) and 30 (thirty) euros (including tax) per parcel for Corsica, will be deducted from the amount of the refund for the order. For destinations outside mainland France and Corsica, the amount of the return costs will be equivalent to the amount of the transport initially invoiced to the customer for sending the order.

This refund procedure does not apply to custom-made products made especially for the customer. In particular, products such as track wideners, wheelbase adapters, screws, nuts, studs or complete wheels (mounted/balanced rims and tyres) cannot be refunded. It will be the Customer's responsibility and expense to contact SHIFTECH to obtain a second shipment within 30 (thirty) days following the return to the sender's warehouse, failing which the products concerned will be considered abandoned and destroyed.

In the case of delivery to a relay point, the Customer has 10 (ten) calendar days from the notification of availability (received by e-mail or sms) to take delivery of his/her order. At the end of this 10 (ten) calendar day period, the parcel will be returned to the sender's depot, at the Customer's expense.

The return costs of 15 (fifteen) euros (including VAT) per parcel for metropolitan France (excluding Corsica) and 30 (thirty) euros (including VAT) per parcel for Corsica, will be deducted from the amount of the refund for the order. For destinations outside mainland France and Corsica, the amount of the return costs will be equivalent to the amount of the transport initially invoiced to the customer for sending the order.

Excluded from this refund procedure are all customised products made especially for the customer and, for safety reasons, wheel fixing products.

In particular, products such as track wideners, wheelbase adapters, screws, nuts, studs or complete wheels (mounted/balanced rims and tyres) cannot be refunded. It will be the Customer's responsibility and expense to contact SHIFTECH to obtain a second shipment within 30 (thirty) days following the return to the sender's warehouse, failing which the products concerned will be considered abandoned and destroyed.

When placing an order, depending on the type of product and the country of delivery, SHIFTECH offers the Customer the possibility of having the products delivered directly to a SHIFTECH partner centre appearing on the list proposed on the site.

Customers who choose to have their products delivered directly to the SHIFTECH centre will have them assembled there, at the rates of the selected centre, communicated for information only on the site.

Customers are invited to contact the assembly centre before validating their order in order to check the rates indicated.

It is also the customer's responsibility to make an appointment directly with the assembly centre and to organise the assembly.

If the Customer does not have the Products assembled by the centre selected for reception, the latter may claim compensation in return for the correct reception and storage of its Products.

Furthermore, in the event that the Customer does not collect their Products within 30 (thirty) days of SHIFTECH sending them aby registered letter with acknowledgement of receipt, the sale will be deemed to have been terminated and the Products will be considered to be the property of SHIFTECH.and the products will be considered the property of SHIFTECH, which will reimburse the customer within 30 (thirty) days for the amount of the order less the cost of returning the products and any immobilisation costs that may be requested by the partner assembly centre or mobile garage.

It is specified that SHIFTECH centres are separate entities from ST INTERNATIONAL. ST INTERNATIONAL can under no circumstances be held responsible for the assembly and dismantling service and, in general, for the relationship between the customer and the garage, which is directly subject to the contractual provisions of the latter. The customer is reminded that he/she must check the products himself/herself, in order to ensure their conformity and compatibility with his/her vehicle, in the knowledge that once the products have been assembled, they cannot under any circumstances be taken back and/or reimbursed.

Average delivery times are indicated to the customer, in the form of a range of dates, when choosing the mode of transport and on the order summary. These delivery times are given for information only and are based on immediate payment of the order (by credit card, for example). Any delay will not give rise to damages, withholding or cancellation of the order by the customer.

In any event, and in accordance with the provisions of article L216-1 of the French Consumer Code, the products ordered will, unless they are unavailable or are sent by ship with a confirmed delivery date of 30 (thirty) days, delivered within a maximum of 30 (thirty) days from the day following the day on which the customer placed the order, subject to full payment of the price.

Any delay in delivery beyond the delivery deadline (except in the case of special orders for which a longer delivery date has been confirmed) and not due to force majeure, may result in the sale being cancelled at the customer's initiative. This cancellation may only take place within a period of 30 (thirty) days following receipt by SHIFTECH of a letter of formal notice to make the delivery. In accordance with Article L216-2 of the Consumer Code, the contract will be considered to have been terminated upon receipt by SHIFTECH of the customer's letter informing it of its decision to terminate the contract and only if delivery has not taken place in the meantime. In the event of termination, SHIFTECH will reimburse the customer for the sums paid as soon as possible and, at the latest, within 14 (fourteen) days of receipt of the registered letter with acknowledgement of receipt.

In the event of the loss of a parcel : as soon as the dispatched status is notified on the order tracking system and after 48 hours for an Express Delivery order (in Metropolitan France), 5 (five) working days for a Standard Delivery (in Metropolitan France), and after 48 hours for an Express Delivery order (in Metropolitan France).s for Standard Delivery (in mainland France) and 8 (eight) working days for Delivery outside mainland France, the customer must contact SHIFTECH's customer service department. SHIFTECH will then open a claim with the carrier concerned and will keep the customer regularly informed of the outcome of this claim.

An investigation with the carrier may take up to 21 working days. If the product is found during this period, it will immediately be redirected to the delivery address indicated on the order form. On the other hand, if the product ordered is not found at the end of this 21-day investigation period, SHIFTECH will, at its own expense, reship the products ordered by the customer.

In the event that the product ordered is no longer available, the provisions of article 8 will be applied. In the event of a product exchange, delivery costs will be borne by SHIFTECH.

In the event of delivery of a product that does not correspond to the order (defective or non-compliant), the customer must submit a complaint within 7 (seven) days of signing the delivery note.

Complaints must be sent by registered letter with acknowledgement of receipt to the address indicated in paragraph 2 hereof, and must include:

• the customer's contact details
• the product references
• the reasons for the complaint.

Products must be returned within 7 (seven) working days from the date of allocation of a returns number by Shiftech's customer service department.

otherwise, SHIFTECH will not exchange or refund the products ordered.

Any product to be exchanged or refunded must be returned to SHIFTECH in its original condition and packaging and include all the product, accessories and instructions.

In the event of non-conformity of a product, SHIFTECH is responsible for the return costs (a prepaid return slip will be sent to the customer).

If the product taken back or exchanged does not correspond to the original declaration made by the customer in his/her return request, the customer will be invoiced for the return costs. These return costs amount to 30 (thirty) euros including VAT per parcel for metropolitan France (excluding Corsica) and 60 (sixty) euros including VAT per parcel for Corsica. For destinations outside mainland France and Corsica, the amount of the return costs will be equivalent to the amount of the transport initially invoiced to the customer for sending the order.

All risks associated with the return of the product shall be borne by the customer.

In the absence of compliance with the procedure set out above and the time limits indicated, the customer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products then being deemed to be in conformity and free of any apparent defect.

On each product sheet presented on the SHIFTECH website, the customer will find an indication of the average lead time before dispatch of the product. This time is given as an indication. Any exceeding of this time limit may not give rise to damages, withholding or cancellation of the order by the customer.

In the event of unavailability of the product ordered, SHIFTECH will inform the customer as soon as possible and will offer an alternative solution, a postponement of the deadline or cancellation of the order. In the latter case and in accordance with the provisions of article L216-3 of the French Consumer Code, the customer will then be reimbursed for alĺ of the sums paid without delay and at the latest within 14 (fourteen) days following confirmation of their choice.

In accordance with article L221-18 of the French Consumer Code, the customer has a period of 14 (fourteen) clear days from the date of receipt to return the products ordered for reimbursement at his own expense.

The right of withdrawal does not apply to professional customers, to on-site collections or to special or made-to-measure orders.

Products must be returned to SHIFTECH in perfect condition for resale, in their original new condition (original packaging intact, duly sealed, with accessories and instructions) and accompanied by the invoice corresponding to the purchase.

In particular, products such as clothing, cleaning products and exhausts must not have been used in order for the customer to benefit from the right of withdrawal.

Similarly, if the product includes a guarantee sheet or any other document to be completed, this must not be filled in for the customer to be able to exercise their right of withdrawal.

Any product that is incomplete, damaged, shows signs of having been assembled or whose original packaging has been damaged will not be reimbursed or exchanged.

In accordance with the provisions of article L221-28 of the French Consumer Code, this right of withdrawal does not apply to products made to the customer's specifications and, for safety reasons, to wheel fixing products which have been unsealed by the customer. In particular, complete wheels (rims and tyres assembled, mounted and balanced to customer specifications) cannot be returned.

The exercise of the right of withdrawal will give rise to a refund in cash, by re-crediting the bank card used for the initial order or, if this is not possible, by cheque. This refund will be made no later than 14 (fourteen) days following receipt of the product by SHIFTECH.

However, if upon receipt the product does not comply with the return conditions set out in this paragraph, SHIFTECH will be obliged to return the product at the customer's expense and no refund will then be made.

In order to benefit from the right of return, it is imperative that the customer follows the following returns procedure:

1. The customer must go to the "my orders" section of their customer account and then, in the details of the order concerned, click on the "Make a return" link in order to select the products to be returned and validate their request for a return. Once the request has been processed by SHIFTECH customer service, the customer will receive a returns agreement by e-mail. Any parcel without a returns number will be systematically refused.

2. Return the products and the original invoice, making sure that the returns number is clearly visible on the packaging. For transport, 2 (two) options are available to the customer:

a. The products are returned by the carrier chosen by SHIFTECH or by its suppliers. Return costs amounting to 30 (thirty) euros inclusive of tax per parcel from metropolitan France will then be deducted from the refund of the order. For departures outside mainland France and for packages weighing more than 30 kg or 150 cm, return costs will be communicated on special request and by quotation.

b. The products are returned by the customer himself, or by a carrier chosen and paid for by the customer, to the address given on the returns agreement.

When goods are returned, they travel at the customer's risk, and it is advisable to pack the products well and to take out transport insurance.

If the returned product(s) prove to be unfit for resale (damaged, incomplete or showing signs of assembly, packaging in poor condition, etc.), the return will be systematically refused. An invoice for a flat-rate amount of 60 euros (including VAT) will then be issued to cover the cost of checking and processing, plus the cost of return transport.

Subject to the specific provisions set out in point 9 above, any reimbursement payable by SHIFTECH will be made by re-crediting the bank card used for the initial order or, if this is not possible, by cheque.

SHIFTECH retains full and complete ownership of the products sold until full payment of the price, in principal, costs and taxes included. by way of derogation, for all products paid for "in cash" when the order is placed, SHIFTECH retains full and complete ownership of the products sold until they are handed over to the carrier (in the case of a shipment).of the products sold until they are handed over to the carrier (in the case of shipment) or made available to the customer (in the case of collection).

12.1. General

The products offered by SHIFTECH, with the exception of products intended for competition and therefore prohibited on open roads, comply with current French legislation and the standards applicable in France. The products sold by SHIFTECH may only be fitted to vehicles or systems recommended by the manufacturer, by a competent person and under his sole responsibility. SHIFTECH may not under any circumstances be held responsible for the consequences of incorrect assembly or the use of an unsuitable product on a vehicle.

12.2 Manufacturer's warranty

All products have a minimum warranty of 1 year unless otherwise stated on the item sheet. In the event of a product defect during the warranty period, repairs will be carried out by the manufacturer concerned. The costs and risks associated with returning the product to the manufacturer shall be borne by the purchaser. The purchaser undertakes to follow the product return procedure.

Any return of the product under the aforementioned guarantee must be subject to the prior agreement of SHIFTECH . to this end, the customer must send a request directly by email to [email protected]. No returns will be accepted without prior authorisation from SHIFTECH.

If the manufacturer confirms the defect, the product under warranty will, at the manufacturer's discretion, be exchanged or repaired.

If the returned product is found not to be defective and in compliance with the manufacturer's specifications or not eligible under the manufacturer's warranty, the cost of returning the product will be borne exclusively by the purchaser.

12.3 Legal warranties

The Products sold by SHIFTECH benefit from :

• The legal guarantee of conformity under the conditions set out in Articles L. 217-4 et seq. of the French Consumer Code and/or,
• The legal guarantee against hidden defects under the conditions set out in articles 1641 et seq. of the French Civil Code.

The purchaser may take action under the legal guarantee of conformity and/or the legal guarantee against hidden defects by contacting SHIFTECH.

In the case of a legal guarantee of conformity, the purchaser is expressly informed that he/she :

(i) has a period of two (2) years from the date of delivery of the Product to take action; (ii) may choose between repairing or replacing the Product, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code; (iii) is exempt from having to provide proof of the existence of the product's lack of conformity during the twenty-four (24) months following delivery of the Product. The legal guarantee of conformity applies independently of the manufacturer's guarantee referred to in Article 12.2. Without prejudice to the manufacturer's warranty referred to in Article 12.2 and the legal warranty of conformity referred to in this Article, the purchaser may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. Where applicable, the purchaser may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

It is specified that only consumer customers may benefit from the legal guarantee of conformity, to the exclusion of professional customers.

In accordance with article L. 217-15 of the French Consumer Code, the stipulations of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the said Code as well as the stipulations of article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full below:

• Article L. 217-4 of the French Consumer Code:
  "The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility. "

• Article L. 217-5 of the French Consumer Code:
  "The good conforms to the contract:
  1° If it is fit for the use normally expected of similar goods and, where applicable :
  - if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
  - if it has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
  2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. "

• Article L. 217-12 of the French Consumer Code:
  "Action resulting from a lack of conformity shall be barred after two years from delivery of the goods. "

• Article L. 217-16 of the French Consumer Code:
  "When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable item, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee still running.
  This period runs from the date of the purchaser's request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service".

• Article 1641 of the French Civil Code:
  "The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known about them. "

• First paragraph of Article 1648 of the Civil Code:
  "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. "

12.4 Scope of legal warranties

Current legal guarantees do not cover

• Abnormal or improper use of products
• Normal wear and tear of a product (variable depending on the nature of the product)
• Defects and their consequences resulting from use or installation that does not comply with the intended use of the product or the manufacturer's specifications
• A problem resulting from abnormal use of the vehicle on which the product is mounted
• Damage caused by an external event (accident, electrical or mechanical fault on the vehicle, etc.)

Please note that legal warranties are subject to change in accordance with developments in case law, but that at the date of updating of the GTCS the exclusions from legal warranties are those cited above.

Unless otherwise stated on their description sheets, the products offered by SHIFTECH on its website comply with current French legislation.

For products whose description sheet expressly includes the remark "reserved for competition" or "not approved for use on open roads", SHIFTECH may not be held liable for any consequences linked to the use of such products. on open roads", SHIFTECH may not be held liable for the consequences of use that does not comply with the use for which the product is intended.

SHIFTECH may not be held liable for non-performance of the contract in the event of the product being out of stock or unavailable, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.

SHIFTECH may not be held liable for any indirect damage that may arise from the purchase of products. SHIFTECH may not be held liable for any compensation or reimbursement in the event of total or partial inability to use the products, in particular due to incompatibility of equipment.

The SHIFTECH website also contains information from third parties and links to other websites. SHIFTECH may not under any circumstances be held liable for any damage resulting from the use of, access to, or inability to use third-party information or the content of other websites.

If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.

Sales of products on the SHIFTECH website are subject to French law. The language of these General Terms and Conditions of Sale is French. In the event of a dispute, the Tribunal de Grande Instance de Tours (France) will be competent to judge any matter relating to commercial law and multimedia law inherent in this website.

The information collected by SHIFTECH at the time of any customer order is necessary for the management of the order by SHIFTECH and its Centres. In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, the customer has the right to access, rectify, oppose and delete data concerning him/her by contacting SHIFTECH.

Through SHIFTECH, the customer may receive commercial offers from other organisations or companies, or be informed of offers from SHIFTECH.

If the customer does not wish to receive these offers, they may inform SHIFTECH by post at SHIFTECH - 1 rue Guy Baillereau 37540 Saint Cyr-sur-Loire, or by e-mail by completing the form available in the "support" section.

It is also the responsibility of the person who has created an account on the SHIFTECH website, in accordance with the French Data Protection Act no. 78-17 of 6 January 1978, to

In the event of a complaint, the consumer customer must first contact SHIFTECH.

In the second instance, they may contact the MOBILIANS MÉDIATEUR SERVICES.

• SITE www.mediateur-mobilians.fr
• Address : Médiateur de Mobilians - 43 bis route de Vaugirard - CS 80016 - 92197 Meudon - France
• Mail: [email protected]

SHIFTECH informs you of the existence of the European platform for online dispute resolution, designed to collect any complaints arising from an online purchase from European consumers and to forward them to the competent national mediators.

This platform can be accessed at the following address: http: //ec.europa.eu/consumers/odr/