Terms of sale

TERMS AND CONDITIONS OF WWW.JETXCEL.FR



JETXCEL can in no way be held responsible for any accidents that may occur during the use of the articles sold.

From a legal point of view, these products are intended for use on private waters or in competition only. There is no warranty for the products sold.



1. Information required by the French law on confidence in the digital economy, purpose of the www.jetxcel.fr website and designation of parties

This site is published by MRS, represented under the name JETXCEL, SAS with capital of €100, registered in the MARSEILLE trade and companies register under number 932 594 104.

The publisher can be contacted by e-mail at the following address: contact@jetxcel.fr

Intracommunity VAT: FR72 932 594 104.

This site is hosted by Shopify, headquartered at 151 rue O'Connor, Ottawa, Ontario K2P 2L8, Canada.

The publication director of this site is Mr. Schumacher Romain.

This site is freely accessible to all Internet users. Its purpose is to sell spare parts for jet-skis, as well as mechanical parts, composites and pilot equipment.

Subscribing to a contract governed by these general terms and conditions with the publisher of this site implies acceptance by the Internet user of these general terms and conditions. The Internet user hereby acknowledges that he/she is fully aware of these terms and conditions. This acceptance will consist of the Internet user checking the box corresponding to the following sentence: “I acknowledge having read and accepted the general terms and conditions of sale and use of the site”.

This act of checking the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the value of the automatic recording systems of the editor of the present site as proof and, unless he/she provides proof to the contrary, waives the right to contest them in the event of litigation.

Acceptance of these terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.



2. How to place an order and description of the purchasing process

In order to comply with the provisions of the French law on confidence in the digital economy of June 21, 2004, the following is a description of the order or subscription process. To place an order, Internet users can select one or more items and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided.

By consulting their basket, members will be able to check the number and nature of the items they have chosen, and will be able to check their unit price as well as the total price of the order. They will be able to remove one or more items from their basket.

This summary will also indicate to customers whether or not they have the option of exercising their right of withdrawal, as well as the applicable deadlines.

If they are happy with their order and wish to validate it, they can click on the validate button. They will then be taken to a form where they can either enter their login details if they already have them, or register on the site by completing the form presented to them, with their personal details.

Once logged in, or once the form has been fully completed, customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface.

Once payment has been received by the site editor, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum of 24 hours.

Similarly, and within the same timeframe, the site editor undertakes to send the customer an e-mail summarizing the order and confirming that it has been processed, including all information relating to the order, the products ordered, their delivery, and the terms and conditions for exercising the customer's right of withdrawal.

The prices indicated on the site are in Euros, all taxes included, excluding delivery costs. These prices may be modified at any time by the publisher. The prices displayed are valid only on the day the order is placed and have no effect for the future.

Product descriptions try to be as clear as possible, but product photos are non-contractual due to the fact that some manufacturers may change without notice.

Delivery charges will, in any event, be indicated to the customer prior to any payment and concern only deliveries made in Metropolitan France including Corsica. For all other delivery locations, it is the customer's responsibility to contact customer service.

The products and articles sold remain the property of the seller until full payment of their price, in accordance with the present retention of title clause.

Product availability is indicated on the site, in the description of each item.



3. Payment information

Internet users may place orders on the present site and pay by paypal, bank transfer or credit card.

Credit card payments are made via secure transactions provided by the service provider: SHOPIFY. In the case of credit card payments, the editor of the present site has no access to any data relating to the user's means of payment. Payment is made directly to the bank.

In the case of payment by cheque or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, who may provide proof of this by any means.



4. Delivery or availability

Orders are delivered by post within 7 working days of full receipt by the seller of the price corresponding to the consideration.

However, certain products or certain order volumes may justify a longer delivery time, which will be expressly mentioned to the customer when the order is validated.

Goods will be dispatched without specific insurance without notice or additional payment on your part. We cannot be held responsible for any delay, loss or damage to parcels. If you wish to take out parcel insurance, please contact us before placing your order to find out how much it will cost.



5. Consumer rights

Customer service can be contacted by e-mail at contact@jetxcel.fr or by post at JETXCEL, 1 RUE DU LAVOIR, 13012 MARSEILLE.

In accordance with current legislation, consumers have a period of 14 days from the date of receipt of the package to request an exchange or refund. In order to exercise this right, it is up to them to return (at their own expense) the parcel to the address of the company's head office: JETXCEL, 1 RUE DU LAVOIR, 13012 MARSEILLE accompanied by a letter requesting either reimbursement or exchange.

Any delay in delivery may lead to the cancellation of the sale at the consumer's initiative, by simple written request. The consumer will then be reimbursed for any sums paid by him/her at the time of ordering. The present clause is not intended to apply if the delay in delivery is due to a case of force majeure, beyond the control of the publisher.

In such a case, the customer undertakes not to take any legal action against the site and its publisher, and waives the right to invoke the cancellation of the sale provided for in the present article.



6. Warranty for products purchased on this site

In the event of a defect in a new product purchased on the present site, customers have a period of two months from the date of receipt of the said product to request an exchange or refund, in accordance with the provisions of the French Civil Code concerning the legal guarantee against hidden defects.

It is up to them to return the parcel to the company's head office address: JETXCEL, 1 RUE DU LAVOIR, 13012 MARSEILLE, with an explanatory letter requesting either reimbursement or exchange. In the case of a refund due to an order error on the part of the customer, only the price of the product will be refunded... shipping costs are non-refundable.

In the case of an exchange, the customer is responsible for the return postage costs, as well as the cost of returning the product.

The warranty will not apply if the non-conformity or defect is the result of incorrect assembly of the part on the vehicle. Products intended for competition or to improve the performance of the machine are not covered by warranty.

7. Personal space

The creation of a personal space is an essential prerequisite to any order placed by an Internet user on the present site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information, failing which the contract may be terminated at the initiative of the publisher and the customer account deleted.

Certain information will be deemed essential for the conclusion of the contract, and its collection will be indispensable for the creation of the personal space and the validation of the conclusion of the contract.

A member's refusal to provide such information will prevent the creation of the personal space and, incidentally, the validation of the order.

This space enables the customer or member to consult all their orders placed on the site, and also enables them, where applicable, to track the delivery of goods purchased.

Should the data contained in the personal space section disappear as a result of a fortuitous event, technical breakdown or force majeure, the publisher of the present site cannot be held responsible, as this information has no probative value but is for information purposes only. The publisher undertakes, however, to keep securely all contractual elements whose retention is required by the law or regulations in force.

Pages relating to personal areas may be freely printed by the holder of the account in question, but do not in any way constitute proof; they are for information purposes only, intended to ensure efficient management of orders by the customer.

When creating a personal space, the user is invited to choose a password. This password guarantees the confidentiality of the information contained in the “my account” section, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site cannot be held responsible for unauthorized access to a user's account.

The editor reserves the exclusive right to delete the account of any member who has contravened the present general terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided erroneous information when registering and setting up his personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result.

Such exclusion is not exclusive of the possibility, for the editor, of taking legal action against the member, when justified by the facts.



8. Member contributions

Members may contribute to the content of this site by publishing comments or testimonials on their use of the products offered by the publisher on this site, or on their contractual relationship with the publisher.

Contributions, in the form of articles or comments, must be made in French and will be subject to validation by the editor or his team of moderators.

Contributors are hereby informed that the site editor, represented where applicable by the moderators, may choose to publish the article in question on this site's newsletters and on the sites of all its partners, on condition that the editor cites the pseudonym of the author of the contribution. The author hereby waives his or her rights to the content of the contributions, in favor of the site editor, for any distribution or use, even commercial, on the Internet, this, of course, always respecting the author's paternity.



9. Publisher's newsletter

By ticking the appropriate box or expressly agreeing to this, members accept that the editor may send them, at a frequency and in a form to be determined by the editor, a newsletter which may include information relating to the editor's activity.

By checking the appropriate box, the user agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.

Subscribing members may unsubscribe from the newsletter by clicking on the appropriate link in each newsletter.



10. Information relating to the French Data Protection Act of January 6, 1978

Internet users are free to provide personal information about themselves. Providing personal information is not essential for browsing the site. On the other hand, registration on the present site implies the collection, by the editor, of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information required to use the services offered by the present site and, where applicable, to create a personal space, will not be able to use the services offered by the publisher of the present site, nor place an order on the present site.

In the context of an order on the present site, information relating to the collection of data relating to payment, in particular the credit card number, and its use for commercial identification purposes is subject to the collection of the consent of the person concerned, through the various forms present on the site.

The data collected is necessary for the proper administration of the services offered on this site, and for the publisher to meet its contractual obligations. This data is kept by the editor in this sole capacity, and the editor undertakes not to use it in any other context, nor to pass it on to third parties, except with the express agreement of users or in cases provided for by law.

The contact details of all users registered on this site are stored for a period of one year, a reasonable period necessary for the proper administration of the site and normal use of the data. This data is stored under secure conditions, using current technical means, in compliance with the provisions of the French Data Protection Act of January 6, 1978.

In accordance with this law, customers have the right to oppose, question, access and rectify the data they have provided. To do so, all they have to do is send a request to the editor of the present site, by e-mail to the following address: contact@jetxcel.fr, or by post to the address of the editor's head office mentioned at the head of these general conditions.

The personal data collected is processed by computer and is reserved exclusively for the site editor.

The data controller is the site editor, whose contact details are given at the top of these terms and conditions. The personal data collected will not be transferred abroad.

In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of all Internet users browsing the present site. The collection of this IP address will be carried out anonymously, and will be kept for the same length of time as cookies, and will only be used to enable the proper administration of the services offered on the present site. An IP address is a series of digits separated by dots that uniquely identifies a computer on the Internet. In the event of litigation, and by order of a judge only, the editor may communicate this data (and any other elements requested) to the judicial police authorities empowered to carry out a reconciliation between the IP address of the computer and the actual identity of the subscriber held by the ISP (Internet Service Provider).



11. Information on the collection of cookies

In order to enable all Internet users to optimize their browsing experience on the present site and to improve the operation of the various interfaces and applications, the publisher may install a cookie on the user's computer. This cookie stores information relating to site navigation (date, page, time), as well as any data entered by users during their visit (searches, login, email, password). These cookies are stored on the user's computer for a variable length of time, and may be read and used by the publisher during the user's subsequent visit to this site.

Users have the option of blocking, modifying the retention period, or deleting this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In this case, browsing on this site will not be optimized. Should the systematic deactivation of cookies on the Internet user's browser prevent him/her from using certain services or functionalities provided by the editor, this malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

Internet users also have the option of deleting any cookies already present on their computer, by going to the appropriate menu in their browser (generally, Tools or Options / Privacy or Confidentiality). Such action has no effect on their browsing on the present site, but causes users to lose all the benefits provided by the cookie. In this case, they will have to re-enter all their personal information.



12. Exoneration of the publisher's liability in the performance of the present contract

In the event of impossibility of access to the site, due to technical problems or of any other nature, the customer shall not be entitled to claim any damages or compensation.

In the event of delivery of an obviously and visibly damaged parcel, it is the customer's responsibility to inform the carrier of the damage. The customer must also inform the seller without delay, so that a new parcel can be prepared and dispatched as soon as the damaged parcel is received. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.

The unavailability of one or more products, even for a prolonged period and without any time limit, shall not constitute a prejudice for Internet users and shall in no way give rise to the awarding of damages by the site or its publisher.

Hypertext links present on the present site may lead to other Internet sites, and the publisher of the present site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of the present site cannot be held liable if the user's visit to one of these sites causes prejudice.



13. Intellectual property rights relating to elements published on the present site

All elements of the present site belong to the publishing company. Any copy of logos, textual, pictographic or video content, without this list being limitative, is strictly forbidden and is considered as counterfeiting. Any member found guilty of counterfeiting may have his or her account deleted without notice or compensation and without such deletion constituting damages, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of the present site or his or her agent.



14. Provisions specific to products sold on the present site

a) Approval

The editor guarantees the homologation of products sold on the present site only insofar as the products have been fitted in accordance with the manufacturer's specifications, on vehicles for which they have been designed and on condition that the products have not been modified, transformed or deteriorated. Under no circumstances will this homologation warranty be extended to the vehicle on which the products have been mounted.

Should a vehicle equipped with products and accessories sold on the present site no longer be homologated, its use will be reserved for competition.



b) Vehicle warranty

The editor does not guarantee that the assembly of parts and products sold on the present site, even if they are homologated and even if they are assembled on a homologated vehicle, will not cause the purchaser to lose the benefit of the manufacturer's warranty on the vehicle on which they have been assembled. It is the purchaser's responsibility to inquire about maintaining his warranty in such a case.



15. Miscellaneous clauses

These terms and conditions are governed by French law.

The present terms and conditions may be modified at any time by the site editor or his representative. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to the present site. The publisher undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.

Except in the case of public order provisions, any disputes arising in connection with the execution of the present general terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for taking legal action.

Should one of the clauses of the present general terms and conditions be declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.

The Publisher's temporary or permanent refusal to invoke one or more clauses of these General Terms and Conditions shall in no way imply a waiver of its right to invoke the remainder of the General Terms and Conditions.