Terms and conditions of sale
EI : INNOV-TECH directed by TURYK Mark (designated AUTO-DIAGNOSTIC-OBD below)
35 Av. du Puy de Dôme, 63100 Clermont-Ferrand, France - contact@auto-diagnostic-obd.com
Registered with the RCS of Clermont-Ferrand under number 818 675 639
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Article 1 - Purpose
These General Terms and Conditions of Sale are governed by Article L. 441-6 of the French Commercial Code and comply with Article L.111-1 of the French Consumer Code. Their purpose is to define the reciprocal obligations of the parties and the various stages of the ordering process for the sale of any product presented on the AUTO-DIAGNOSTIC-OBD.fr website by the company EI INNOV-TECH.
By validating his/her order on the site, the Customer declares that he/she has read, understood and accepted without reservation the terms of the order as well as the entirety of the GCS. It is important to note that AUTO-DIAGNOSTIC-OBD is not in a position to manufacture products and only carries out a resale activity. Consequently, AUTO-DIAGNOSTIC-OBD is required to call upon external professionals for the production, packaging, dispatch and conservation of the products, which the Customer acknowledges and accepts.
It should also be noted that these conditions are subject to change. Consequently, the conditions applicable are those in force on the site at the time the contract is entered into.
As part of this sale, AUTO-DIAGNOSTIC-OBD undertakes to supply products that comply with the standards and regulations in force. The Customer must ensure that the products are compatible with its needs and that they are used in accordance with the manufacturer's instructions.
In the event of a dispute, the parties agree to seek an amicable solution before taking any legal action. If negotiations fail, the consumer may, at his or her option, bring the matter before one of the courts having territorial jurisdiction under the Code of Civil Procedure or before the court for the place where he or she lived when the contract was concluded or when the harmful event occurred.
Article 2 - Legal capacity
Customers confirm that they have reached the age of majority and have all the capacity required to enter into a contract. Parents or legal guardians are responsible for purchases made by minors.
Article 3 - Geographical zones
The products and services offered are exclusively intended for customers located in Europe, including the European Union, as well as other geographical areas specified at the time of ordering. Any sale outside these geographical areas must be expressly validated by INNOV-TECH during the ordering process. Customers are invited to contact our customer service department for any delivery requests outside the above-mentioned geographical areas.
Article 4 - Prices of products on sale
The prices indicated on the AUTO-DIAGNOSTIC-OBD.fr site are in euros and are displayed exclusive of tax (HT). In accordance with Article 293 B of the French General Tax Code and the VAT exemption scheme applicable to our company, no VAT is added to the prices of products. Please note that the selling prices of products may be subject to change at any time by our company. Any price changes will be applied immediately to orders in progress, unless they have already been confirmed by the customer. Customers will be informed of price changes by means of notifications on the website.
Article 5 - Items and products
The products presented on the AUTO-DIAGNOSTIC-OBD.fr site are subject to limited availability depending on stocks available. If a product is not available from us and our service providers, AUTO-DIAGNOSTIC-OBD undertakes to inform the buyer immediately by e-mail or telephone. The buyer will then have the option of choosing another product or cancelling their order and receiving a full refund.
AUTO-DIAGNOSTIC-OBD strives to describe the products offered for sale as accurately as possible. Before placing an order, the Customer can consult the essential characteristics of the products they wish to purchase on the AUTO-DIAGNOSTIC-OBD website. The descriptions, illustrations and photos of the products presented are contractual. In case of discrepancies between the descriptions, illustrations or photos and the product delivered, the responsibility of AUTO-DIAGNOSTIC-OBD may be incurred and the consumer may seek compensation.
The products sold by AUTO-DIAGNOSTIC-OBD benefit from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force. In addition, certain commercial guarantees may be offered by product manufacturers. Information on these possible guarantees is included in the description of the products on the site.
Article 6 - Orders
As soon as the Customer definitively confirms his/her order by clicking on the "Confirm your payment" button, he/she is deemed to have accepted, with full knowledge of the facts, the content, delivery terms and conditions of the order, as well as the GCS, prices, quantities, descriptions, characteristics, volumes and delivery times of the products ordered on the Site.
AUTO-DIAGNOSTIC-OBD will send an order confirmation by email to the Customer. However, AUTO-DIAGNOSTIC-OBD reserves the right to cancel or suspend the execution of an order or its delivery, whatever its nature and whatever the stage of its execution, in the event that it is impossible to debit the Customer's bank account for its order or for any sum due by the latter, or in the event of a payment incident or fraud or attempted fraud relating to the use of the AUTO-DIAGNOSTIC-OBD website, including during previous orders.
If the email address provided by the Customer when registering is incorrect and if the Customer does not receive the order confirmation email sent systematically by AUTO-DIAGNOSTIC-OBD, AUTO-DIAGNOSTIC-OBD cannot be held responsible. The sale will be considered final, unless AUTO-DIAGNOSTIC-OBD deliberately decides to cancel it, for example if the products ordered are out of stock. However, the Customer may exercise his right of withdrawal within 14 days of the date of the order and delivery.
Article 7 - Payments
Customers may pay for their orders directly on the site by credit card, using Visa, Eurocard or Mastercard. Please note that payment methods such as bank transfer and cash on delivery are not accepted.
The total amount of the invoice will be debited from the Customer's account on the date of payment.
Article 8 - Delivery
Delivery zones
The products and services offered are exclusively intended for customers located in Europe, including the European Union, as well as other geographical areas specified at the time of ordering. Any sale outside these geographical areas must be expressly validated by INNOV-TECH during the ordering process.
Terms of delivery
Products ordered will be delivered to Customers at the address given in the "My Account" information form filled in by the Customer when registering. In the event of a change of address, it is the Customer's responsibility to notify this before placing the order by modifying their details on the "My Account" information form. For all products, delivery will be ensured at the latest within 30 working days after validation of the order (if the products are available in stock). The customer is delivered to their home address according to their choice at the time of payment.
Depending on our stocks and the availability of our products, we may use an external supplier abroad. In this case, our parcels may be sent by an external service provider operating in or outside the European Union, exclusively for the purpose of ensuring delivery of the products purchased, if the product is not available in our own warehouse.
Our company cannot be held responsible for any delays in delivery caused by factors beyond our control, such as logistical problems or transport disruptions. If the delivery period of 30 working days is exceeded, the Customer has the option of cancelling the order, requesting a refund or exercising the right of withdrawal in accordance with the legal provisions in force.
Article 9 - Returns
Our company offers a 14-day returns policy for purchased items. If 14 days have passed since your purchase, we will not be able to offer you a refund or exchange.
To be eligible for a return, your item must be unused, undamaged and in the same condition as when you received it. It must also be in its original packaging. Personalised or made-to-measure products are not eligible for return, except in the case of a manufacturing defect.
The cost of returns is borne by the purchaser, with the exception of defective or non-conforming products delivered. Returns are handled once only from mainland France.
If you wish to make an exchange and the value of your order is less than €250, the return costs will be at your expense. Otherwise, the return costs will be paid by our company.
In order to complete your return, we require a receipt or proof of purchase. Please do not return your purchase to the manufacturer.
Refunds (if any)
Once we have received your return and inspected it, we will send you an email to let you know that we have received your returned item. We will also inform you of our decision to approve or reject your refund.
If your refund is approved, it will be processed and a credit will automatically be applied to your credit card or original payment method within a few days.
Late or missing refunds (where applicable)
If you have not yet received your refund, please check your bank account again first. Next, we advise you to contact your credit card company, as there may be a delay before the refund is officially recorded.
If after following these steps you have still not received your refund, we suggest you contact your bank. There may be a processing time before the refund is posted.
If you still have not received your refund, please contact us at contact@auto-diagnostic-obd.com.
Exchanges (where applicable)
It is possible to exchange a product within a maximum of fourteen (14) days following receipt of the order. If the exchanged product is more expensive than the original order, an invoice with a payment link will be sent to you by e-mail. As soon as we have received the missing amount, we will send you the new order.
If you exchange your item for a cheaper one, you will be refunded the difference, with the exception of shipping costs.
Shipping
To return your product, you must send it by post to the following address: INNOV-TECH (TURYK Mark), 35 Av. du Puy de Dôme, 63100 Clermont-Ferrand, France.
If you live in France and outside metropolitan France, you will be responsible for paying your own shipping costs for the return of your item.
Please note that if you request a refund, the return shipping costs are also non-refundable if we carry out the return ourselves. If a refund is granted, the return shipping costs will be deducted from your refund.
Any customs duties and taxes incurred when returning a product from outside the European Union shall be borne by the customer.
In addition, the delivery time for your exchanged product may vary depending on where you live.
Article 10 - Withdrawal rights and deadlines
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the products to exercise his/her right of withdrawal without having to justify his/her reasons or pay any penalties, with the exception of the cost of returning the products, which remains at the Customer's expense.
The Customer may exercise his right of withdrawal by notifying his decision to withdraw by means of an unambiguous statement. This declaration may be made by any means, including by post or e-mail, using the withdrawal form available at the following address: [Cancellation form AUTO-DIAGNOSTIC-OBD].
In order for the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the right of withdrawal is exercised, AUTO-DIAGNOSTIC-OBD will reimburse the returned products, as well as the initial standard delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day it is informed of the Customer's decision to withdraw. AUTO-DIAGNOSTIC-OBD may defer reimbursement until it has received the returned products or until the Customer has provided proof of dispatch of the products, the date used being that of the first of these events.
The products must be returned to AUTO-DIAGNOSTIC-OBD without undue delay and, in any event, no later than fourteen (14) days after the Customer has communicated its decision to withdraw. This period is deemed to have been respected if the Customer returns the products before the expiry of the fourteen (14) day period. The direct costs of returning the products shall be borne by the Customer.
The right of withdrawal does not apply in particular to products that are likely to deteriorate or expire rapidly, sealed products that cannot be returned for reasons of health protection or hygiene if they have been opened after delivery, products that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection, and personalised or customised products.
In the event of partial withdrawal from an order giving entitlement to a quantity discount, the discount will be cancelled if the withdrawal relates to only part of the products included in the promotional offer.
Article 11 - Opposition to cold calling
In accordance with article L.223-2 of the French Consumer Code, when a professional collects telephone data from a consumer as part of an order, he/she informs the consumer of his/her right to register on the telephone canvassing opposition list.
AUTO-DIAGNOSTIC-OBD uses the telephone numbers provided by consumers solely to process their orders and does not carry out telephone canvassing. However, if the consumer wishes to ensure that they are not contacted for canvassing purposes by other professionals, they can contact us directly at the following e-mail address: contact@auto-diagnostic-obd.com.
For information purposes, consumers can also register free of charge on the Bloctel telephone anti-spam list, available at the following address: https://www.bloctel.gouv.fr. Registration on this list is free and applies to all professionals with whom the consumer has no current contractual relationship. However, certain calls may still be authorised, in particular those from public bodies or businesses with which the consumer has an ongoing contractual relationship.
We encourage our customers to use this right to protect their peace of mind and their privacy.
Article 12 - Legal guarantees
All products sold by AUTO-DIAGNOSTIC-OBD are covered by the legal guarantee of conformity and the guarantee against hidden defects, in accordance with the provisions of articles L. 217-4 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code. These guarantees take effect from the date of delivery and cover both hidden and visible defects.
AUTO-DIAGNOSTIC-OBD's liability under these warranties is limited, at its sole discretion, to the free replacement or repair of products found to be defective, without further performance or compensation.
Please note that the guarantee does not cover damage resulting from misuse of the product, normal wear and tear due to its use or failure to follow washing and maintenance instructions. In order to benefit from the guarantee, it is essential to keep the purchase invoice for the product as well as the delivery note.
At AUTO-DIAGNOSTIC-OBD, we strive to guarantee the quality and durability of our products. We encourage our customers to contact us if they have a problem with one of our products so that we can find a satisfactory solution.
Sidebar :
Consumers have a period of two years from the date of delivery of the goods to obtain the implementation of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity implies an obligation on the part of the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives consumers the right to repair or replace the good within thirty days of its request, free of charge and without any major inconvenience to it.
If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension to the initial guarantee.
If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the good is replaced.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :
1. The professional refuses to repair or replace the goods ;
2. The goods will be repaired or replaced after a period of thirty days;
3. The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;
4. The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand.
Consumers do not have the right to rescind the sale if the lack of conformity is minor.
Any period during which the goods are immobilised with a view to their repair or replacement suspends the warranty that was in force until the delivery of the repaired goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10 % of average annual sales (article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.
Article 13 - Customer service
For any retraction or request requiring legal proof, please contact us directly by e-mail or post.
For any information or questions, our Customer Service is available free of charge by e-mail at the following address: contact@auto-diagnostic-obd.com and by chat. You can also contact us by post at the following address INNOV-TECH (TURYK Mark), 35 Av. du Puy de Dôme, 63100 Clermont-Ferrand France. We generally respond Monday to Friday from 8am to 6pm, with a maximum response time of 72 working hours.
Article 14 - Confidentiality
This privacy policy describes how your personal information is collected, used and shared when you visit or make a purchase on the AUTO-DIAGNOSTIC-OBD.fr website (hereinafter "the Platform").
Personal information we collect
When you place an order, we collect certain information that you provide directly to us. This information may be transmitted to third-party service providers in order to ensure delivery, if shipping is carried out by this service provider.
The personal data collected is as follows:
- Full name
- Address
- E-mail address
- Telephone number
- Date of birth
- Financial data (only recorded in connection with payment for products and services offered on the Platform, and linked to your credit card)
In addition, when you visit our Platform, we automatically collect certain information about your device. This includes information about your web browser, your IP address, your time zone, and some of the cookies installed on your device. In addition, we collect information about the web pages you visit on our Platform, the websites or search terms that directed you to our Platform, and information about how you interact with our Platform. We refer to this information as "Device Information".
To collect this Information on the Device, we use the following technologies:
- Cookies", which are data files placed on your device or computer, often containing an anonymous unique identifier.
- Log files", which record actions taken on the Platform, and collect data including your IP address, browser type, Internet service provider, referring/exit pages and time stamps.
- Web beacons", "tags" and "pixels", which are electronic files used to record information about the way you browse our Platform.
For more information about our practices and principles regarding personal data, please consult our more detailed Privacy Policy...
Article 15 - Responsibilities
INNOV-TECH declines all responsibility for any event, inconvenience or damage inherent in the use of the Internet network, particularly in the event of a break in service, external intrusion or the presence of computer viruses.
Furthermore, INNOV-TECH cannot be held responsible for the non-performance of the contract concluded in the event of a fortuitous event, force majeure, disruption or total or partial strike, in particular of the postal services, means of transport and/or communication, flooding or fire. INNOV-TECH may not be held liable for any indirect damage arising from the present contract, such as operating loss, loss of profit, damage or costs that may arise.
Article 16 - Assignment of powers
In the event of a dispute not resolved amicably between the professional and the consumer, the parties agree to seek an amicable solution before taking legal action. If no amicable solution is found, the consumer may, at his or her choice, bring the matter before one of the courts having territorial jurisdiction under the Code of Civil Procedure or before the court for the place where he or she lived when the contract was concluded or when the harmful event occurred.
Furthermore, in the event of a cross-border dispute within the European Union, the consumer may use the European Union's online dispute resolution (ODR) platform available at the following address: RLL Platform. The RLL platform enables consumers to submit their disputes online and forward them to the relevant mediation bodies.
For national disputes, you can contact the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) :
- Address: 49 Rue de Ponthieu, 75008 Paris
- Represented by : René Jalin, Chairman
The parties agree to comply with the mediation process and to provide all necessary information to facilitate the amicable settlement of the dispute. Any costs associated with the mediation will be borne in accordance with the provisions of the mediation body.
The mediator's decision is not binding on the parties, unless specifically agreed otherwise. However, the parties are invited to respect the mediator's recommendations for an amicable resolution of the dispute.
This mediation clause does not affect the consumer's legal right to have recourse to legal proceedings or the trader's right to take appropriate legal measures to protect his interests.
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Article 17 - Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts, or more generally any information relating to intellectual property are and remain the exclusive property of INNOV-TECH. These GTC do not provide for any transfer of intellectual property rights. Any reproduction, modification or total or partial use of these goods is strictly forbidden. Some photos are provided by our supplier, and others are royalty-free images.
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Article 18 - Amendment of the GTCS
INNOV-TECH reserves the right to unilaterally modify these General Terms and Conditions of Sale at any time. Customers will be notified of any changes to the General Terms and Conditions of Sale by means of direct communication, such as an e-mail, and/or by publication of the changes on the company's website. Customers are responsible for regularly consulting the General Terms and Conditions of Sale in order to be informed of any changes. Continued use of the site after publication of the changes or after receipt of the notification constitutes tacit acceptance of the changes.