TERMS AND CONDITIONS OF SALE AND WARRANTY
1. ARTICLE 1
The sale is made on the exchange of the old material mounted and complete, crankcase intact. For automatic gearboxes, the oil cooler must be replaced by a new one for the guarantee to apply.
In the following warranty conditions, the terms "object", "goods" or "part" refer to the mechanical unit covered by this warranty (gearbox).
This gearbox is guaranteed for TWELVE months on the part (labour and installation/removal excluded, transport excluded). We will take back the old gearbox with the housing intact. You must give us the green light by e-mail so that the carrier can return the gearbox within 8 working days maximum after receiving the new one. If you do not return the deposit, you commit yourself to pay EDEN BOITES the extra charge of 750 euro (excl. VAT) within 5 days. Furthermore, without the return of the deposit, the 12-month guarantee will not apply.
The warranty applies in Metropolitan France for a period of one year [or 20,000 km [the first clause cancels the other clause] (labor and installation / removal excluded)] from the date of shipment shown on the delivery order and mentioned on the invoice. The gearbox or transfer case must be installed by an automotive professional, with the invoice as proof, for the warranty to apply.
During this period, EDEN BOITES undertakes to repair or exchange, (or to reimburse in case of force majeure) according to its convenience, any object presenting a real defect and the object only (except exclusions of guarantee relating to certain parts mentioned on the invoice) and corresponding to the designation appearing on the invoice. All outward and return carriage costs and all labour costs are excluded from the guarantee.
If you have subscribed to the warranty extension, its acceptance implies the following conditions: the cost of labor taken in charge with the warranty extension concerns the expenses of removal/replacement of the said gearbox; this labor is fixed at the fixed amount of 35 euro HT per hour at the time of the manufacturer of your vehicle. Our general sales and warranty conditions remain the same.
Under no circumstances can the possible refund exceed the amount of the item sold. You are informed of this in advance, you accept it and you waive the right to claim additional amounts.
You have 8 days upon receipt of your merchandise to check and verify its conformity with your order. After this period, you waive any claim for compensation for lack of conformity and any claim will be refused.
2. ARTICLE 2
EDEN BOITES will not accept any warranty liability, if the defect of the object is the result of misuse, improper assembly, unsuitable or improper fuel, tinkering, negligence, accident, shock, towing, motor racing, speed test or any modification, alteration, repair or attempt to repair without the express agreement of EDEN BOITES.
Defects must be reported immediately to EDEN BOITES as soon as they appear, by telephone and then confirmed in writing.
EDEN BOITES will never be held responsible or engaged in any way for the costs of disassembly or reassembly of parts.
3. ARTICLE 3
EDEN BOITES shall not be in any way liable and shall accept no responsibility under the terms of the warranty, when it appears after examination that the goods have not been assembled and maintained in accordance with the manufacturer's recommendations and those set out in the appendix.
Similarly, EDEN BOITES will not be held liable in any way under the terms of the warranty if it appears that the defects observed were due to poor maintenance (oil changes recommended by the manufacturer and not respected, etc..) or as a result of defective accessories or components, such as radiator, oil filter and oil cooler, sensor, seal, any power system and the power supply itself, pipes, screws, clutch, axle, etc. and in general, anything that is closely or remotely connected to the object and that is likely to damage it.
4. ARTICLE 4
EDEN BOITES will not be in any way engaged and will not accept any responsibility under the terms of the guarantee, under any circumstances, for the possible costs of towing, transport, delivery, or recovery of vehicles, rental of a replacement vehicle, compensation for immobilisation or accident, theft, loss or other and, in general, for any costs whatsoever due to the unavailability of the vehicle and the goods during the guarantee period.
The customer is responsible for the cost of maintenance as well as for the products and spare parts used to maintain it during the warranty period, including coolant, oil, etc., as well as for all costs involved in the operation of the object.
It is the customer's responsibility to provide adequate information to EDEN BOITES when excessive oil consumption exceeds the established standards even though the customer has used the lubricants recommended by the manufacturer. When a defect appears, it is the customer's responsibility to report it immediately to EDEN BOITES.
5. ARTICLE 5
EDEN BOITES will not be liable in any way and will not accept any responsibility under the warranty for any expenses incurred in any capacity with any third party during the warranty period unless agreed in writing by EDEN BOITES.
In the event of an intervention during the warranty period, the warranty cannot be extended or prolonged under any circumstances, even if the vehicle were to be immobilised for a significant period of time. In the event of a warranty claim, an official document certifying the mileage reading at the time of installation will be required. Are excluded from the warranty, all leaks coming from all joints [it is your responsibility before installation of a part to change all joints "new"], (water, oil, intake or exhaust systems, etc. ...), all hoses and pipes or manifolds, including the exclusions mentioned on the invoice.
It is specified that only the part designated on the invoice is covered by the guarantee and not the accessories which could have been supplied courteously which are not covered by any guarantee. Any part sold shall be deemed to be BARE. When the parties are of the same speciality, the buyer's skills are deemed sufficient to detect the defects affecting the item sold. The warranty shall only benefit the customer to whom the invoice is addressed.
The warranty does not in any way exclude the customer's responsibility for the normal maintenance incumbent upon him: oil changes, various adjustments, etc. Failure to comply with this clause would have the effect of cancelling this warranty. The buyer has, in accordance with the provisions of article L. 121-21-3 al. 2 of the Consumer Code, a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception of outward and return costs. In addition, the Commercial Court of Cannes will be the only competent court even in the event of appeal in guarantee and of plurality of defendants.
The cost of labor as well as all other parts cannot be reimbursed, except by written agreement of the Management for a possible participation in the costs of removal/reinstallation of the said gearbox at the fixed amount of 35 euro HT per hour at the manufacturer's time.
6. ARTICLE 6 - Obligations of the Seller (REGARDING ALMA PAYMENT ONLY)
The Seller undertakes to comply with these GTC.
He undertakes to use the Alma Solution in accordance with these GTC and the laws and regulations in force that are applicable to him.
The Seller acknowledges that he is solely responsible for the products and services he markets to his Buyers via the Alma Solution.
The Seller undertakes to display the Alma logo on its site and in particular on the payment page, as well as the mandatory mentions relating to Alma.
The Seller undertakes to communicate on the Service on the distribution channels concerned (product sheet, in-store display, etc.)
The Seller undertakes to inform us of any need for partial or full reimbursement due to a commercial gesture, withdrawal or cancellation. He then commits himself : - to reimburse Alma the amount of the sums received within the regulatory timeframe (14 days following the date on which he was informed of the decision to withdraw, except in the case of justified delay); - not to reimburse the Buyer directly.
The Seller agrees that Alma may quote it as a commercial reference in accordance with commercial practice.
The Seller undertakes to offer Alma from 50,00€ (changeable).
The Seller undertakes to offer Alma's solution to all its Buyers without distinction, with the exception of minors and natural or legal persons not residing in one of the countries listed by Alma on its website.
Prior to any Transaction, the Seller undertakes to provide Alma with information relating to the Buyer and to the products and services purchased by the latter in order to proceed with the Transactions and to ensure the absence of any risk of fraud.
The Seller accepts in advance the granting of credit concluded between Alma and the Buyer in accordance with article L312-46 of the Consumer Code.
The Seller undertakes to provide a receipt to the Buyer.
In addition, the Seller undertakes to mention in its own general sales conditions : - that he offers his Customers the Alma credit service for the payment of their purchases and that the execution of the payment is conditioned by the Customer's acceptance of the GCU or of the credit contract proposed by Alma; - the contractual clauses provided by Alma relating in particular to the Customer's right of withdrawal, if applicable; - that any refusal to grant credit by Alma for an order may lead to the cancellation of the order; - that any termination of the GCS that bind the Customer and the Seller leads to the termination of the GCS or of the credit agreement between Alma and the Customer; - that the amount is paid by credit(Article L312-45, under penalty of a fine).
Furthermore, according to the ACPR recommendation (2015-R-03, 26 February 2015), a complaints page must exist on the Seller's Site, and a link must be made to the complaints page of the Alma site. In addition, the Seller shall provide a reference on the Site to the mediation services ofAFEPAME.
7. ARTICLE 7 - Credit Indicator (REGARDING ALMA PAYMENT ONLY)
The role of the Seller is limited, in accordance with article R519-2 2° of the Monetary and Financial Code, to: - indicating Alma to persons interested in concluding a banking transaction or a payment service; - putting Alma and the Buyer in contact; - transmitting to Alma the contact details of a person interested in concluding a banking transaction or a payment service; - providing documents of an advertising nature only, relating to the banking transaction or the payment service provided by Alma.
The Seller is not allowed to: - present, offer or assist in the conclusion of banking transactions or payment services or to carry out any preparatory work and advice for their realisation; - solicit or obtain the Buyer's agreement on the banking transaction or payment service or to explain orally or in writing to a potential customer the terms and conditions of a banking transaction or payment service, with a view to its realisation or provision
8. ARTICLE 8
Any part for which the quotation is refused will be returned to the customer without being reassembled in spare parts. EDEN BOITES cannot be held responsible for the reassembly of the part with defective original parts.
Delivery times are given as an indication only and are not binding. These delivery times do not take into account additional work not initially planned, possible and unforeseeable delays due to a shortage of spare parts, a problem of routing, and events beyond the control of the repairer. Delay or failure to deliver may not under any circumstances give rise to damages or compensation of any kind. The transport of goods is the responsibility of the customer. In the event of damage occurring during transport, it is the responsibility of the recipient to exercise all recourse against the carrier, in accordance with articles 105 and 106 of the Commercial Code.
All gearboxes must be emptied and securely attached to a pallet. Any dirt caused by failure to comply with this instruction will be charged to the customer. The warranty covers gearboxes reconditioned by our staff after all worn and damaged parts have been replaced.
In the case of a repair carried out on a customer's gearbox, only the parts mentioned by name as having been replaced are covered by the warranty to the exclusion of the other parts of the gearbox. The warranty is withdrawn in the following cases: Installation of the gearbox that does not conform to the vehicle manufacturer's instructions or with equipment accessories other than those recommended by the vehicle manufacturer. Defective condition of the components to which the box is connected. Abnormal or abusive use of the gearbox (rally, off-road, etc.). Gearbox maintenance that does not conform to the manufacturer's standards, in particular the method used to install and lubricate the gearbox and the lubricant used. Total or partial disassembly of the gearbox or repair of the gearbox during the warranty period by someone other than ourselves.
An oil change with filter replacement is mandatory every 40,000 km, on all our gearboxes, in order to protect your gearbox. Our guarantee extends to the metropolitan territory. Acceptance and taking delivery of the goods implies acceptance of our general conditions of sale.
9. ARTICLE 9
The legislation provides that the recipient must take precise and characterized reserves at the time of delivery in case of damage. The mention "subject to unpacking" has no legal value and will never be taken into account.
At the time of delivery, it is the responsibility of the customer to check the condition of his goods in the presence of the driver and to report in writing on the transport receipt any damage or damage that he would find on the CONTENTS of the package / pallet.
Once the deliveryman leaves, it will be impossible to make any claim.