GENERAL TERMS AND CONDITIONS OF SALE

Effective as of 01/01/2025

These General Terms and Conditions of Sale (the “GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customers” or “the Customer”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website https://enzo-classic-parts.com. The Products offered for sale on the website are the following:

New or used spare parts for cars.

The main characteristics of the Products, in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://enzo-classic-parts.com, which the Customer must read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are valid while stocks last, as specified when the order is placed.

These GTCS are available at any time on the website https://enzo-classic-parts.com  and shall prevail over any other document.

The Customer declares that they have read and accepted these GTCS by ticking the box provided for this purpose before placing an online order on the website https://enzo-classic-parts.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.

The Seller's contact details are as follows :

Enzo Classic Parts, SASU

Share capital of 1,500 euros

Registered with the Annecy Trade and Companies Register (RCS) under number 983877705

30 rue Gustave Eiffel 74600 Seynod

Email: info@enzo-classic-parts.com

Phone: 09 80 80 20 62

Intra-community VAT number FR48983877705

The Products presented on the website https://enzo-classic-parts.com are offered for sale in the following territories:

Metropolitan France, European Union countries, Switzerland, the United Kingdom, the United States and any other country offered at checkout.

For orders to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and the French overseas departments and territories (DOM-TOM), the price will automatically be calculated excluding taxes on the invoice.

Customs duties or other local taxes, import duties or state taxes may be payable. They shall be borne by, and remain the sole responsibility of, the Customer.

The Products are supplied at the prices in force shown on the website https://enzo-classic-parts.com when the order is recorded by the Seller.

Prices are expressed in euros, excluding and including VAT.

Prices take into account any discounts granted by the Seller on the website https://enzo-classic-parts.com.

These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to change prices at any time.

Prices do not include handling, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.

It is up to the Customer to select on the website https://enzo-classic-parts.com the Products they wish to order, as follows:

1. Placing the order

The customer visits the online shop and browses the categories or uses the search bar to find products.
Once a product has been selected, they consult its detailed page.
The customer chooses the quantity and any options, then clicks on "Add to cart".

The customer can access their cart to check the selected items. The customer can modify the cart.

Once satisfied, the customer clicks on "Order".

2. Validation and confirmation of the order

• Log in to the customer account or order as a guest, without creating an account (see Article 3 Bis - Customer area - Account)
• The customer chooses a delivery method.
• The customer chooses a payment method from the options offered.
• If payment is made by bank card, the customer enters the card details required for payment.
  The process may include an additional validation step via 3D Secure.
• Once payment has been validated, the order is recorded and a confirmation message appears on the screen.An email is sent to the customer to confirm their order with the relevant information. The customer can check the status of their order via their account or a tracking link.

The Customer may place an order without creating an account (guest checkout) or create an account (personal area), which notably allows them to track their orders.

To do so, they must register by completing the form offered to them when ordering and undertake to provide truthful and accurate information concerning their identity and contact details, in particular their email address.

The Customer is responsible for updating the information provided. They are informed that they can modify it by logging into their account.

To access their personal area and order history, the Customer must identify themselves using their username and password, which will be communicated to them after registration and are strictly personal. Accordingly, the Customer shall not disclose them.

Otherwise, they shall remain solely responsible for any use made of them.

The Customer may also request to be unsubscribed by going to the dedicated page in their personal area or by sending an email to: info@enzo-classic-parts.com. This will take effect within a reasonable time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the website https://enzo-classic-parts.com may suspend or even close a customer's account after a formal notice sent electronically has remained without effect.

Any deletion of an account, for whatever reason, results in the outright deletion of all the Customer's personal information.

Any event due to force majeure resulting in a malfunction of the website or server, and subject to any interruption or modification in the event of maintenance, shall not engage the Seller's liability.

Placing an order, with or without creating an account, implies acceptance of these general terms and conditions of sale.

The price is paid by secure payment, as follows:

• payment by bank card
• or payment by bank transfer to the Seller's bank account

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted form using the protocol defined by the approved payment service provider handling bank transactions carried out on the website https://enzo-classic-parts.com.

Payments made by the Customer shall only be considered final once the sums due have actually been received by the Seller.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions set out above.

The Products ordered by the Customer will be delivered in metropolitan France, the French overseas departments and territories (DOM-TOM) and internationally.

Products in stock are dispatched within 2 working days; products available to order are dispatched within the lead time shown on their product page. The carrier's transit time is added (24 to 72 hours in metropolitan France depending on the delivery method chosen). Products are delivered to the address given by the Customer when ordering on the website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

If the Products ordered have not been delivered within 5 days of the indicative delivery date, for any reason other than force majeure or the Customer's own actions, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days after the date of termination of the contract, without any compensation or deduction.

Deliveries are made by an independent carrier to the address given by the Customer when ordering, which the carrier must be able to access easily.

Where the Customer has arranged for a carrier of their own choice, delivery is deemed to have taken place as soon as the Products ordered are handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and that they have no warranty claim against the Seller in the event of non-delivery of the goods transported.

The Customer must check the condition of the products delivered. They have 14 days from delivery to make any claims by email, accompanied by all relevant supporting documents (photos). After this period, and failing compliance with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will refund or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTCS.

The transfer of the risks of loss and damage relating to the Products shall only take place when the Customer takes physical possession of them. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier themselves.

Ownership of the Products shall only be transferred from the Seller to the Customer after full payment of the price by the Customer, regardless of the delivery date of the said Products.

In accordance with Articles L221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) days from receipt of the Products to exercise their right of withdrawal, without having to give reasons or bear any costs other than the cost of returning the goods. For contracts providing for the regular delivery of goods over a defined period, this period runs from receipt of the first item.

The right of withdrawal may be exercised online, using the withdrawal form attached and also available on the website, or by any other unambiguous statement expressing the wish to withdraw, in particular by letter sent to the Seller at the postal address or email address indicated in ARTICLE 1 of the GTCS.

Returned items must be in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new, and accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

Return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for Products that are defective, damaged or do not correspond to the order,
• the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.

Provisions relating to the legal guarantees

Article L217-4 of the French Consumer Code

« The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility under the contract or was carried out under its responsibility. »

Article L217-5 of the French Consumer Code

« The goods are in conformity with the contract:

1° If they are fit for the purpose normally expected of similar goods and, where applicable:

- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- if they have the qualities that a buyer may legitimately expect with regard to public statements made by the seller, the producer or its representative, in particular in advertising or labelling;

2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter. »

Article L217-12 of the French Consumer Code

« Any action resulting from a lack of conformity is time-barred two years after delivery of the goods. »

Article 1641 of the French Civil Code.

« The seller is bound by the warranty against hidden defects in the item sold which make it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price for it, had they known of them. »

Article 1648, paragraph 1 of the French Civil Code

« Any action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »

Article L217-16 of the French Consumer Code.

« Where the buyer asks the seller, during the course of the commercial warranty granted to them upon the purchase or repair of movable property, for a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or from the date the goods concerned are made available for repair, if this is later than the request for intervention. »

In order to assert their rights, the Customer must inform the Seller in writing (email or letter) of the non-conformity of the Products or the existence of hidden defects upon their discovery.

The Seller will refund, replace or have repaired any Products or parts under warranty found to be non-compliant or defective.

Shipping costs will be refunded on the basis of the rate invoiced, and return costs will be refunded upon presentation of supporting documents.

Refunds, replacements or repairs of Products found to be non-compliant or defective will be carried out as soon as possible and no later than 30 days after the Seller has established the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Seller cannot be held liable in the following cases:

• failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics shown on the website are not contractual and cannot engage the Seller's liability.

In any event, the Seller's warranty is limited to the replacement or refund of non-compliant or defective Products.

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for its transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the performance of the sales contract.

9.1 Collection of personal data

The personal data collected on the website https://enzo-classic-parts.com is as follows:

Account opening

When creating the Customer / user account: surnames, first names, postal address, telephone number and email address.

Payment

As part of the payment for the Products offered on the website https://enzo-classic-parts.com, the website records financial data relating to the Customer's / user's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category or categories of contractors is (are):

• Transport service providers
• Payment service providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act (loi Informatique et libertés) and, from 25 May 2018, of Regulation 2016/679 on the protection of personal data.

9.4 Restriction of processing

Unless the Customer gives their express consent, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data collected for a period of 5 years, covering the limitation period for applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Exercise of Customers' and users' rights

In accordance with the regulations applicable to personal data, Customers and users of the website https://enzo-classic-parts.com have the following rights:

• They can update or delete their data as follows:

By logging into their account, the customer can request the deletion of their personal data via the contact form.

• They can delete their account by writing to the email address indicated in Article 9.3 « Data controller »
• They can exercise their right of access to find out the personal data concerning them by writing to the address indicated in Article 9.3 « Data controller »
• If the personal data held by the Seller is inaccurate, they can request that the information be updated by writing to the address indicated in Article 9.3 « Data controller »
• They can request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in Article 9.3 « Data controller »
• They can also request the portability of the data held by the Seller to another service provider
• Finally, they can object to the processing of their data by the Seller

Provided they do not conflict with the purpose of the processing, these rights may be exercised by sending a request by post or email to the Data Controller, whose contact details are given above.

The data controller must respond within a maximum of one month.

If the Customer's request is refused, the refusal must be justified.

The Customer is informed that, in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be invited to tick a box by which they agree to receive informative and promotional emails from the Seller. They can withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

The content of the website https://enzo-classic-parts.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of infringement.

These GTCS and the transactions arising from them are governed by and subject to French law.

These GTCS are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTCS.

The Customer is informed that they may in any event have recourse to conventional mediation, with existing sector mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Customer is also informed that they may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes relating to purchase and sale transactions concluded under these GTCS that have not been settled amicably between the seller and the buyer or through mediation shall be submitted to the competent courts under the conditions of ordinary law.