Legal Notice & Terms and Conditions
France Partruck Services
Legal Notice
General Terms and Conditions of Sale
The general terms and conditions of sale detailed below govern exclusively the contractual relationship between the customer and the merchant France Partruck Services, a simplified joint-stock company (SASU) with a share capital of €1,000, whose registered office is located at 3 rue des Cigognes and registered with the Strasbourg Trade and Companies Register under number 53994583532.
SAS France Partruck Services is managed by Mr. Julien LHOMME. Manager. These general terms and conditions of sale govern the contractual relationship between SAS France Partruck Services and its customers, both parties accepting them without reservation. These general terms and conditions of sale are subject to change at any time without notice. They are applicable in Metropolitan France, including Corsica, in the French Overseas Departments and Territories (DOM-TOM), and throughout the European Economic Area (EEA).
Each purchase is governed by the general terms and conditions applicable on the date of the order. When you accept the quotes and invoice, you declare that you accept these terms and conditions without reservation.
Placing an Order - Procedure
Orders are placed by any means agreed upon between SAS France Partruck Services and the Customer (email, signed quote, purchase order, online platform if available, etc.).
To place an order, please contact us by email: contact@france-partruck-services.com
By phone: +33 624307603
Order Modification
Any order modification requested by the Customer must be accepted by the Seller. SAS France Partruck Services reserves the right to refuse an order or to offer a new, more suitable commercial proposal.
European Union
For orders within the European Union, companies will be required to provide an intra-community VAT number for VAT-exempt invoices.
Products and Offers - Presentation
Information regarding the characteristics of the goods is provided in commercial documents or on the website www.france-partruck-services.com, but this presentation does not constitute a contractual commitment. SAS France Partruck Services reserves the right to modify the technical specifications of its products at any time.
Products sold by France Partruck Services may only be installed on vehicles or systems recommended by the manufacturer or equipment supplier, by a qualified person and under their sole responsibility. SAS France Partruck Services shall under no circumstances be held liable for the consequences of improper installation or the use of an unsuitable product on a vehicle.
Availability
Offers from SAS France Partruck Services are valid while stocks last. If a product is unavailable, the Seller will inform the Customer as soon as possible and will offer either a replacement product, a new order, or a cancellation of the order.
Prices
Our product prices are expressed in euros, excluding taxes and any applicable shipping costs.
Regardless of the country of origin, all orders are payable in euros. SAS France Partruck Services reserves the right to modify its prices at any time. Products will be invoiced based on the rates in effect at the time the order is registered.
Any discounts, rebates, or refunds granted by SAS France Partruck Services will be specified in the quote or order form, according to the terms defined in the current commercial policy.
Payment Terms
Payment is made in accordance with the methods indicated in the quote or order form (bank transfer, check, etc.). A deposit may be required upon ordering; the amount and terms of this deposit will be specified in the quote or order form.
Late Payment
In the event of late payment, penalties equal to three times the legal interest rate in effect on the date the delay is noted, plus 10 percentage points, will be applied in accordance with the provisions of Article L.441-10 of the French Commercial Code, as well as a fixed recovery fee of €40.
Late payment will render all sums owed to SAS France Partruck Services by the Client immediately due and payable, without prejudice to any other legal action that France Partruck Services may be entitled to take against the Client.
In the event of non-compliance with the payment terms set forth above, SAS France Partruck Services also reserves the right to suspend the provision of the Services/Products ordered by the Client and to suspend the performance of its obligations.
Retention of Title
SAS France Partruck Services retains full ownership of the goods sold until full payment of the principal and any related charges. In this respect, if the Client is subject to receivership or liquidation proceedings, SAS France Partruck Services reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
Delivery and Transfer of Risk
Delivery Times
Delivery times are provided for informational purposes only. A delay shall not, under any circumstances, justify cancellation of the order or give rise to penalties, unless otherwise agreed in writing by both parties.
Delivery Methods
Goods are delivered to the address provided by the Customer when placing the order. It is the Customer's responsibility to verify the accuracy of the information provided.
Transfer of Risk
The transfer of risk to the Customer occurs upon delivery of the goods to the carrier or upon collection by the Customer from the Seller's premises, according to the Incoterm or the terms agreed upon in the quote or order form.
Receipt of Goods
The Customer is required to check the apparent condition of the goods upon delivery and, if necessary, to make any reservations with the carrier, in accordance with Article L133-3 of the French Commercial Code. These reservations must also be sent to the Seller in writing within 48 hours of delivery.
Right of Withdrawal
SAS France Partruck Services offers a withdrawal period of fourteen (14) business days from the date of delivery of the order.
In accordance with the provisions of Article L.121-20 et seq. of the French Consumer Code:
"The consumer has a period of fourteen (14) clear days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, of return shipping costs. The consumer may waive this period if they are unable to travel and simultaneously require an immediate service necessary for their basic needs. In this case, they may still exercise their right of withdrawal without having to give reasons or pay penalties." The return shipping costs are the responsibility of the buyer.
Product Return Procedure and Formalities
SAS France Partruck Services informs the customer of the following conditions:
- The right of withdrawal as provided by law does not obligate the customer to return damaged, broken, or used products.
- The product must be returned within fourteen (14) days of delivery: France Partruck Services undertakes to refund the price of the purchased product(s). All costs are borne by the customer (return shipping costs, postage, transaction processing fees). Only the price of the purchased product(s) will be refunded.
SAS France Partruck Services asks its customers to please comply with the following formalities for returning products:
- Carefully repackage the product(s) to be returned in their original packaging in the best possible condition.
Warranty and Liability
Legal Warranty
Goods sold are covered by the legal warranty against hidden defects (Articles 1641 et seq. of the French Civil Code). This warranty is strictly reserved for professional customers and covers only defects that render the goods unfit for their intended use.
Proper Installation
The warranty is subject to the condition that the installation of our spare parts has been carried out, with supporting documentation, solely by trained personnel in specialized workshops using the appropriate tools and in accordance with the installation and maintenance instructions of the respective vehicle manufacturer. Our warranty does not apply if the installation does not meet generally accepted technical and scientific standards, regardless of the specific circumstances.
Maintenance and Overhauls
All parts must undergo the periodic maintenance and/or overhauls prescribed or recommended by the vehicle manufacturer. This must be verifiable, where applicable, by corresponding documentation.
Exclusions
Any improper use or storage, negligence, or modification by the Customer or an unauthorized third party automatically voids the warranty.
Permissible Load
A separate component or the vehicle as a whole must not be subjected to loads exceeding those authorized by the vehicle manufacturer and/or the parts manufacturer.
If any of the aforementioned points are not taken into consideration or respected, SAS France Partruck Services reserves the right to refuse the claim or to withhold a proportional deduction as compensation.
Damage to parts after the transfer of risk is excluded from the warranty without exception, particularly due to:
- a) Normal wear and tear,
- b) Improper or negligent handling,
- c) Natural causes and environmental effects,
- d) Defective assembly, adjustment, and/or maintenance, or other improper use,
- e) Use of defective or unsuitable consumables,
- f) Improper use – this includes any use of parts not designed for commercial vehicles,
- g) Modification of the original form and/or function of the product.
Liability
The Seller's liability is strictly limited to the obligations defined in this article and, where applicable, in the specific terms and conditions. The Seller shall not be liable for indirect damages, nor for any financial or commercial loss suffered by the Customer.
Force Majeure
Neither the Seller nor the Client shall be held liable for any failure to perform their obligations resulting from a force majeure event (natural disaster, strike, lockout, pandemic, government action, etc.) that renders performance of the contract impossible. In such cases, the performance deadlines shall be extended by a period equivalent to the duration of the event.
Confidentiality
The Client and the Seller agree to maintain the confidentiality of all information, documents, and know-how exchanged in connection with the performance of this agreement, for the entire duration of the contract and after its expiration.
Disputes and Liability
This contract is governed by French law.
SAS France Partruck Services shall not be held liable for the non-performance of the contract in the event of force majeure, as defined by the courts, or if such non-performance is due to the unforeseeable and insurmountable act of a third party to the contract.
France Partruck Services cannot be held responsible for the consequences resulting from the misuse of products sold by France Partruck Services.
Personal Data
The personal data collected from Customers is processed electronically by SAS France Partruck Services. It is recorded in the Customer file and is essential for processing orders. This information and personal data are also retained for security purposes and to comply with legal and regulatory obligations. It will be kept for as long as necessary for order fulfillment and any applicable warranties.
The data controller is SAS France Partruck Services. Access to personal data will be strictly limited to employees of the data controller who are authorized to process it as part of their duties. The information collected may be shared with third parties contractually bound to the company for the performance of subcontracted tasks, without requiring the Customer's authorization.
In the course of performing their services, these third parties have only limited access to the data and are obligated to use it in accordance with applicable data protection legislation.
Customer Acceptance
These General Terms and Conditions of Sale are expressly agreed to and accepted by the Customer, who declares and acknowledges having full knowledge thereof, and therefore waives the right to rely on any conflicting document.