General terms

The SAS INTERNATIONAL TRADE PARTS with a capital of 150 000€ is registered on the commercial register of Annecy under the number RCS 892183005. Its mailing address is 312 rue de la Verrerie 74290 ALEX (FRANCE) and its address of e-mail is contact@eagle-tracks.com.

Our company draws your attention on the fact that these general terms of sale articulate in the following way :

  • A part (party) is common to the professionals and to the private individuals
  • An other one concerns only the private individuals
  • And the third that the professionals

I - COMMON CAPACITIES (MEASURES)

Introduction

Any order taking in conformance with(for) a product appearing within the online shop of the site www.eagle-tracks.com supposes the consultation and the preliminary acceptance of the present general terms of sale. The click of validation of the order implies a full acceptance of the present. This click has value of " digital signature ' "

Article 1 - OBJECT AND SCOPE

Any order of the properties implies the unconditional acceptance by the buyer and its full and whole membership in the present general terms of sale which prevail over any other document. The present general terms of sale apply to all the sales of the properties by our company except preliminary specific agreement or during the agreed order in writing between the parts. As a consequence, the signing of a order by the customer takes the support without reserve, of the latter, in the present, except particular conditions granted in writing (specific order form off Internet).

Article 2 - ORDERS

2.1 - By order, it is necessary to understand any order concerning our goods appearing on our site, in the price list indicated, accompanied with the payment on the conditions below. If the order passed by our web site, the payment will be made mattering by bank card.

2.2 - Any request of modification of the composition or the volume of an order spent by a customer can be taken into account by our company, that if the request is made in writing (including fax or e-mail) and reached our company, at the latest 8 days after reception by our company(society) of the initial order. In case of modification of the order, our company will be loosened from deadlines suited for its execution.

2.3 - Before order confirmation, you must check that the size of the tracks is correct before ordering. The return of the tracks ordered in the wrong dimension is only done at the expense of the customer. This can result in very high transportation costs.

Article 3 – CANCELLATION OF THE ORDERS

In the hypothesis where one or several ordered products are unavailable, our company will contact the customer to indicate him the new delivery deadline and obtain its agreement. In case of refusal of the latter, our company makes a commitment to pay off the sums perceived in TEN days as from the recording of the order.

Article 4 – PRICE

4.1 - Our prices are fixed by the current price list in the day of the signing of the order. They are indicated in exclusive OF TAX and IN TAX, exactly of the amount of the VAT at the current rate at the time of the signing of the order. They are payable in cash. Any pre-payments establish a deposit on the due price and cannot be considered as deposit. 4.2 - The deadlines of execution appearing in a order commit our company only if the customer respects the terms of payment planned in the present. In case of payment by check the order will be executed by the company after collection of the aforementioned check (deadline at present applied by banks 11 days).

Article 5 – TERMS OF PAYMENT

Our invoices are payable in cash by credit card when the payment makes on-line.

Article 6 – WORN ABNORMAL THE GOODS

The defects and the deteriorations of the delivered goods consecutive to abnormal conditions of use or storage, and/or lack of maintenance at the customer, in particular in the event of an accident of whatever nature, cannot be covered by guarantees owed by our company.

Article 7 – PROPERTY RESERVE

Present article applies when was been advisable a payment postponed from the price in the particular conditions fixed to the order form.

7.1 - Ownership transfer of our goods is suspended up to complete payment of the price of these by the customer, in main thing and accessories, even in case of granting of payment times. Any opposite clause is considered not written, according to the article L 624-16 of the Commercial law.

7.2 - Of express convention, our company can make play the rights which it holds in conformance with the present clause of property reserve, for any of its claims, on all of its properties in possession of the customer, the latter being formally presumed to be the ones outstanding payments, and our company can resume them or claim them in compensation of all its unpaid invoices, without prejudice to its right of resolution of the current sales.

7.3 - Our company can also require, in case of nonpayment of a term in the planned date, the resolution of the sale after sending of a formal demand. Also, our company can one-sidedly, after sending of a formal demand, raise or make establish an inventory of its properties in possession of the customer, who makes, already, a commitment to leave free access to its warehouses, stores or others to this end, watching that the identification of the products of the company is always possible. 7.4 - In case of opening of a procedure of recovery or judicial liquidation of a professional client, orders on hand will automatically be cancelled, and our company reserves the right to claim the goods in stock.

7.5 - The present clause does not prevent that the risks of the goods are transferred to the customer from their delivery in this one. As from the delivery, the customer is established agent and guard the aforementioned properties. In the case of nonpayment, we reserve the right to cancel the sale after formal demand and to claim the delivered properties, the expenses of return staying chargeable to the buyer and the made payments being acquired to us as penalty clause.

Article 8 – ATTRIBUTION OF JURISDICTION

The choice of residence is made by our company for its head office. Quite dispute about the application of the present general terms of sale, their interpretation, their execution and the sale contracts concluded by our company, or in the payment of the price, will be carried in front of the competent Court of which raises the siege of our company, whatever is the place of the order, the delivery, the payment and the method of payment, and even in case of appeal in guarantee or of defendants' plurality.

In case of legal action or any other action in debt collection by our company, the expenses of warning, justice, as well as the fees of lawyer and bailiff, will be chargeable to the customer as well as the bound expenses or ensuing from the failure to respect by the customer of the present general conditions.

Article 9 – RENUNCIATION

The fact for our company not to take advantage at some point of any of the clauses of the present cannot be worth renunciation to take advantage later of the same clauses.

Article 10 – STRAIGHT AHEAD APPLICABLE

The present contract is submitted to the French law, with the exception of quite different law, and to auxiliary title for the convention of Vienne on the international sale of the goods.

II – CAPACITIES APPROPRIATE TO THE PRIVATE INDIVIDUAL

Introduction

The person is considered as a private individual who buys the good for its private use, for herself or his family

Article 11 - DELIVERY

11.1 - The delivery deadlinesare different according to the ordered products and are indicated with the references of the concerned product. They apply within the framework of an immediate procedure (that is engaged from the reception of the order). The expenses of delivery possibly owed are specified in the references attached to every article being specified that some are exempted from it.

11.2 - Transport - It belongs to the customer, in case of damage of the delivered goods or the missing, to make all the necessary reserves with the carrier. Any good not having been the object of reserves by registered letter with recorded delivery in THREE days of its reception at the customer, and who copies will be simultaneously sent to our company, will be considered as accepted by the customer, in spite of the respect for the relative legal requirements on the guarantees of conformity and on the latent defects.

11.3 – Reception - It is reminded that our company remains responsible for the good execution of its obligations resulting from the concluded contract, unless the non-fulfillment or the bad execution is attributable to the consumer, or to the unpredictable and insuperable fact of a third to the contract, or to the case of absolute necessity.

Our company reminds the provisions of the article L114-1 of the Code of the consumption: the consumer can denounce the sale contract of the good furnish or with supply of a service offer, by LRAR, in case of overtaking of the delivery date of the good or the execution of the service exceeding seven days and not owed in case of force majeure. This contract is, where necessary, considered as worn-out to the reception by our company, of the letter by which the consumer informs him(it) about his decision, if the delivery did not intervene or if the service was not executed between the sending and the reception of this letter. The consumer exercises this right(law) within sixty working days as from date indicated for the delivery of the good(property) or the execution of the service(performance).

Article 12 - LEGAL GUARANTEE OF CONFORMITY

Our company is subjected to an obligation of delivery in compliance with the good described on our web site. Our guarantee applies only to the products which became regularly the property of the buyer. It is excluded since the customer will have modified in any way the sold good. The customer will have to inform the company of the defects observed immediately by registered letter with recorded delivery.

Our company calls back that the consumer can always exercise the action resulting from crippling vices such as it results from articles 1641 and 1649 of the Civil Code or any other action of contractual or extracontractual nature which is recognized by him by the law.

Article 13 - COOLING-OFF PERIOD

The customer has a deadline of seven true days to exercise his right to withdraw without having to prove motives or to pay of penalties, with the exception of the expenses of return mentioned with regard to every article. The deadline of seven days runs as from the reception of the good; the taken into account date is the one indicated by the carrier on the receiving note. The customer has the right to break this deadline in case he could not move and where simultaneously he would need to call on to a service immediate and necessary for his conditions of existence. In this case, it would continue to exercise its right to withdraw without having to prove motives or to pay of penalties.

When the deadline of seven days expires one Saturday, Sunday or a holiday or non-work day, it is extended until in the next first working day. When the right to withdraw is exercised, our company will pay off to the customer all of the paid sums (with the exception of the expenses of return) as soon as possible and at the latest in 30 days according to the date in which this right exercised. Beyond, the due sum is productive, by rights, of interest at the current legal rate. This refund is made by every possible means of payment.

III – CAPACITIES APPROPRIATE TO the PROFESSIONAL

Introduction

The person is considered as a professional who buys the good within the framework of its professional activity.

Article 14 – DELIVERY

14.1 - The delivery deadlines are different according to the ordered products and are indicated with the references of the concerned product. Our company tries hard to respect the indicated delivery deadlines, without the overtaking of these deadlines(extensions) can give rise to the payment of a penalty or a compensation(allowance), or motivate the cancellation of the order. The expenses of delivery possibly owed are specified in the references attached to every article being specified that some are exempted from it.

14.2 - The deliveries are carriage forward made. The transfer of the risks on the properties sold by our company is made in the discount the aforementioned properties for the carrier or for the exit of our warehouses.

14.3 - Transport - It belongs to the customer, in case of damage of the delivered goods or the missing, to make all the necessary reserves with the carrier. Any good not having been the object of reserves by registered letter with recorded delivery in THREE days of its reception at the customer, according to the article L 133-3 of the Commercial law, and which copies will be simultaneously sent to our company, will be considered as accepted by the customer.

14.4 - Reception

14.4.1 - Without prejudice capacities to be taken by the customer towards the carrier such as described in the article 14.3, any complaint, whatever is the nature, concerning the delivered properties(goods), will be accepted by our company(society) only if it is made in writing, in LRAR, within THREE days as from the reception.

14.4.2 - It is up to the buyer to supply all the justifications as for the reality of the defects or missing noticed.

14.4.3 - None of the return of goods can be made by the customer without the preliminary, express and written agreement, of our company, obtained in particular by fax or e-mail.
The expenses of return will be chargeable to our company only in case a damage, a visible vice, or an absent person, is actually noticed by the latter or his representative. Only the carrier chosen by our company is authorized to make the return of the concerned properties.

14.4.4 - When later check a damage, a visible vice or an absent person is actually noticed by our company or his representative, the customer cannot ask our company that the replacement of not corresponding articles and/or the complement to be brought to fill the missing at the expense of this one, without the latter can claim in any compensation or to the resolution of the command.

14.4.5 - The reception without reserve of the properties ordered by the customer covers any visible and/or missing vice.

14.4.6 - The complaint made by the buyer in the conditions and according to the modalities described by the present article does not suspend the payment by the customer of the concerned goods.

14.4.7 - The responsibility of our company can be questioned on no account for facts in the course of transport (destruction, damage, loss or flight), even if it chose the carrier.

Article 15 – GUARANTEE OF THE LATENT DEFECTS

All the modified products are excluded from this guarantee, or repaired by the customer or by any other entity that the persons receiving benefits(providers) chosen by our company. 15.1 - In conformance with this guarantee, our company will be kept only of the free of charge replacement, the defective properties, without the customer can aspire to the obtaining of damages, whatever the reason.

15.2 - Our company will guarantee its products against the latent defects, according to the law, the uses, the jurisprudence and in the following conditions. Our guarantee applies only to the products which became regularly the property of the buyer. It is excluded since it was made use of the properties in conditions of use or of performances not planned by the builder or the manufacturer.

15.3 - Our guarantee concerns only the latent defects. Our customers being professionals, the latent defect gets on(hears each other) of a defect of realization of the good making it unfit for its use and not susceptible to be revealed by the buyer before its use. Our company does not cover the damage and the wears resulting from an adaptation or from a special, abnormal assembly or not the properties.

15.4 - Our guarantee limits itself to the replacement or to the repair of defective parts. Our properties are considered used by our customers at the latest in three months of the provision. 15.5 - Our guarantee stops by rights since our customer did not warn to us of the vice adduced within twenty true days from his discovery. It falls to him to prove the day of this discovery.

In case of error of delivery or exchange, every product to be exchanged or to be paid off must have returned to the company SAS INTERNATIONAL TRADE PARTS in general and in its original packing in impeccable state at the address specified at the time of the demand of return.

To be accepted, any return must be indicated and have the preliminary agreement of the seller.

In case of doubt about the present translation the general conditions of sale which will precede will be those written in French.