1 Preamble
The websites www.my-roadster.com and www.my-roadster.fr are published by the simplified joint-stock company My Roadster Cover SAS (hereinafter "My Roadster Cover SAS"), with a capital of one thousand euros (€1,000) whose registered office is at 50 B, avenue d'iena - 77500 Chelles, registered in the Meaux Trade and Companies Register under number 951 738 640 R.C.S.
Site management and administration: Jonas Kouassi - info@my-roadster.com
These General Terms and Conditions of Sale supplement the General Terms and Conditions of Use, with regard to sales contracts concluded online. The General Terms and Conditions of Sale and the General Terms and Conditions of Use may be supplemented by quotes and conditions specifically sent by My Roadster Cover to customers, or by written contracts concluded individually.
The customer acknowledges having read, at the time of placing the order, these General Terms and Conditions of Sale and expressly declares to accept them without reservation.
My Roadster Cover reserves the right to adapt or modify the General Terms and Conditions of Sale at any time without prior notice to the customer. The General Terms and Conditions of Sale applicable to a contract will be those displayed on the Site at the time of the order.
2 Products
My Roadster Cover is active in the direct sale of commercial products to consumers. My Roadster Cover sells remotely, via the internet, practical products adapted to varied and modern lifestyles. These products include, in particular, covers and accessories.
My Roadster Cover does not manufacture the goods available on the Site, but sources them from suppliers. Despite the care taken by the My Roadster Cover team in selecting its suppliers, My Roadster Cover is not able to know or guarantee the manufacturing process itself.
The description and characteristics of the products, as well as photographs of them, are available on the online catalog of the Site and constitute the pre-contractual information due to consumers.
3 Terms of Conclusion of the Sale
To make purchases on the Site, the customer must register with My Roadster Cover by creating an account. The data entered by the customer will be stored and used by My Roadster Cover. The customer has the right to modify or delete his data (for more information please consult the Policy Concerning Personal Data).
Our product offers are valid as long as the products are visible on the site, within the limit of available stocks. My Roadster Cover is a retailer and does not intend to sell the products offered to a single customer in large quantities. Consequently, My Roadster Cover reserves the right to refuse orders for the same product in large quantities and this from three identical items. In principle, all products displayed on the Site are available in stock or in the process of being supplied. However, due to simultaneous orders by different customers, a product could exceptionally be unavailable. In this event, we will inform you by email. Your order will be automatically cancelled and no bank debit will be made or, if a debit has already been made, a refund will be made as soon as possible.
The customer chooses the products he wishes to order from the catalog available on the Site. These products are then saved in his "Basket".
By application of article 1127-2 of the Civil Code, the contract is only concluded when the customer validates his order to express his final acceptance. This validation occurs after the customer has had the opportunity to check the details, the total price including any delivery costs and to correct any errors.
If the order has been validated and the customer has forgotten one or more items, the customer will have to place a new order, which will be treated as such, in particular with regard to any delivery costs.
Reservation of right of cancellation: My Roadster Cover reserves the right to cancel any order, at its sole discretion, for any reason whatsoever, including but not limited to, pricing errors, product availability issues, or suspected fraud. In such cases, the customer will be informed as soon as possible and any payment made will be fully refunded
The contractual information is subject to confirmation by email. The customer must verify the completeness and conformity of the information he provides to My Roadster Cover. My Roadster Cover cannot be held responsible for any data entry errors.
The records kept in My Roadster Cover's computer systems, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
4 Prices and Payment Methods for Products
The applicable prices are those displayed on the Site on the day of the order. The prices are indicated in euros and take into account the VAT applicable on the day of the order. As stipulated in Clause 5, delivery costs may be offered or charged in addition. This information is indicated before the final validation of the order.
In compliance with the regulations, My Roadster Cover may participate in sales operations, or make commercial offers such as discounts or promotions. These may take the form of promotional codes valid for a specific period. In any case of sales, discounts or promotions, before validation of the order, the base price will be displayed as well as the reduction rate and indication of the reduced price.
Purchases of products on the Site are paid by credit card or PayPal.
The customer understands and accepts that he can only use his own credit card and/or PayPal account to make payments on the Site. Any misuse of third-party data may constitute a criminal offence.
In the event of a delay in the transmission of payment by the service provider due to the need for additional checks, My Roadster Cover reserves the right to suspend the sending of the product. In the event that, for whatever reason (opposition, refusal or other), the transmission of the amount due to My Roadster Cover proves impossible, the order will be cancelled and the sale automatically resolved. In the event that the order has already been sent, the customer agrees to return it to My Roadster Cover.
4.1 Payments by credit card
Payments by credit card are processed by the payment service provider "Shopify Payments" and/or its subsidiaries. Shopify Payments must comply with French and European laws and regulations, for example with regard to the fight against fraud and strong customer authentication ("Strong Customer Authentication"). Payments must comply with the terms and conditions set out in the Shopify Payments Services Agreement, as well as, where applicable, those of Visa, Mastercard or American Express. In addition, the customer is responsible for verifying the terms of use of their bank card with their bank. My Roadster Cover declines all liability due to a transaction refused by its payment service provider. Prices do not include any bank charges, interest or commissions due to the customer's commitment to their own bank.
4.2 Payments by PayPal
PayPal is a payment service provider. In order to make a payment by PayPal, the customer must first have a PayPal account. When the customer chooses PayPal as a payment method, they will have to log in to their account and confirm their payment. The customer must comply with the PayPal Terms of Use. Under the PayPal Terms of Use, commissions or currency conversion fees may apply. The prices displayed on the Site do not include these commissions or conversion fees when they are applicable; the customer is invited to consult the Conditions of Use of PayPal services to find out about them.
5 Delivery of Products
The products are delivered to the address indicated by the consumer when purchasing. The customer must check the completeness and conformity of the information provided. My Roadster Cover cannot be held responsible for any data entry errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for the reshipment of the order will be entirely borne by the customer.
In order to know the details of the options, delivery times and possible delivery costs, please consult the updated delivery price list. The times are indicative and expressed in working days.
6 Withdrawal
In the event of a delay or failure to deliver products, you are requested to contact customer service (info@my-roadster.com). My Roadster Cover will endeavour to find a solution to your complaints.
By application of article L. 221-18 of the Consumer Code, you have a period of fourteen days to exercise a right of withdrawal. My Roadster Cover extends the withdrawal period to 30 days. The consumer does not have to justify his decision. This period runs from the day after delivery of the products.
If you wish to exercise your right of withdrawal, contact us (info@my-roadster.com). My Roadster Cover will send you the delivery slip and you will only have to print it and drop off your product at the carrier. The customer must return the products with all the accessories delivered and in their original packaging.
The consumer's liability can only be incurred in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the products.
7 Contract Execution Guarantee
Pursuant to Article 15 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, My Roadster Cover is liable to the buyer for the proper performance of the obligations arising from the contract. However, My Roadster Cover is not liable when the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
In addition, pursuant to Article L. 217-4 of the Consumer Code, My Roadster Cover delivers goods that comply with the order and is liable for any lack of conformity existing at the time of delivery.
If you wish to invoke the legal guarantees, contact customer service at info@my-roadster.com.
8 Final Provisions
8.1 Complaints
If you have a complaint regarding My Roadster Cover products or services, please contact customer service at info@my-roadster.com. My Roadster Cover will endeavour to respond to your complaints as soon as possible.
8.2 Mediation
If you have submitted a complaint to My Roadster Cover, pursuant to the previous clause, and are not satisfied with the proposed solution, you may resort to mediation.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION DE LA CONSOMMATION. In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond
You can also use the European platform for online dispute resolution for consumer disputes: https://ec.europa.eu/consumers/odr.
8.3 Applicable law and jurisdiction
These General Terms and Conditions of Sale and the contracts concluded through the Site are governed by French law.
Any disputes arising from or in connection with these General Terms and Conditions of Sale and/or the contracts concluded through the Site will be settled by the French courts.
The French version of these General Terms and Conditions of Sale prevails over all translations thereof.
8.4 Autonomy of clauses
If one of the clauses of these General Terms and Conditions of Sale is declared null or inapplicable, this clause is deemed unwritten, without impact on the other clauses of these General Terms and Conditions of Sale.
9 My Roadster Cover Gift Card
The My Roadster Cover Gift Card is a gift card that can be used once or several times within the limit of the available amount, exclusively on the site: https://www.my-roadster.com
The My Roadster Cover Gift Card is available for purchase only on the My Roadster Cover Store website. It can be offered or given to a third-party beneficiary.
The Customer may choose the amount of the My Roadster Cover Gift Card from the amounts offered on the site. They will only receive the gift card by email.
The My Roadster Cover Gift Card is worthless until it is activated using the code mentioned on the card when checking out on the My Roadster Cover website
To use the My Roadster Cover Gift Card, the Customer must, when paying, copy the code written on the Gift Card in the box provided for this purpose. The amount taken from the gift card is the maximum amount or balance available on the card. The Customer cannot choose the amount to be debited from the My Roadster Cover Gift Card. If the balance of the My Roadster Cover Gift Card is insufficient for the purchase that the Customer wishes to make, he/she may complete the payment by any other means of payment accepted on the site. If the Customer does not use the entire balance of his/her My Roadster Cover Gift Card, he/she will not be able to claim any refund or change, but may use the My Roadster Cover Gift Card for another purchase on the My Roadster Cover site within a period of one year following the activation of the My Roadster Cover Gift Card.
The My Roadster Cover Gift Card is valid for one year from its date of purchase. As the My Roadster Cover Gift Card has no monetary value, the value recorded on the My Roadster Cover Gift Card may not under any circumstances give rise to a refund, even partial, in any form whatsoever, in particular upon expiry of its validity date, i.e. one year following its creation.
The balance of the My Roadster Cover Gift Card cannot be viewed on the site. If necessary, you can contact us at info@my-roadster.com to find out.
In the event that the Customer wishes to exchange a product(s) purchased on the My Roadster Cover website, paid for in full or in part with a My Roadster Cover Gift Card, he/she will have the possibility of requesting an exchange for a product(s) of the same value or the creation of a credit to be used on a future purchase. To do this, simply contact us at info@my-roadster.com. The same will apply to any refund of a purchase made using a My Roadster Cover Gift Card for any reason whatsoever.
My Roadster Cover declines all responsibility for lost or stolen My Roadster Cover Gift Cards. Indeed, My Roadster Cover is not responsible for the theft or loss of its Gift Cards, the holder or beneficiary being solely responsible for its custody and use.
In case of loss or theft, the My Roadster Cover Gift Card will not be refunded or replaced. The same will apply in case of non-use of the balance of the My Roadster Cover Gift Card at the expiry of the validity date of the My Roadster Cover Gift Card.
In case of loss or theft, you can request the cancellation of the card by contacting us at info@my-roadster.com.
My Roadster Cover Store reserves the right to modify without notice the general conditions of use of the My Roadster Cover Gift Card.
10. Communication and commercial references
Unless the Client expressly objects in writing, the Client authorises My Roadster® to mention its trade name, company name, and, where applicable, to use photographs of the products manufactured or delivered, for communication, promotional, and marketing purposes, on its communication materials (website, social media, marketing materials, sales presentations), without time limitation.
This authorisation shall in no way infringe upon the Client's image, reputation, or rights.
The Client may object to this use at any time by sending a written request to: info@my-roadster.fr
