General conditions of sale
1. PURPOSE – PRESENTATION OF THE SELLER
The company 2CV MEHARI CLUB CASSIS, a simplified joint-stock company (SAS) with a share capital of €87,810.63, whose registered office is located at CS 80019, 13714 Cassis Cedex, France, registered with the MARSEILLE Trade and Companies Register under number 38508116100031, VAT number FR 73 385 081 161, email address: piecesdetachees@mehariclub.com , phone number: +33 (0)4 42 01 07 68 (hereinafter referred to as “2CV MEHARI CLUB CASSIS” or “we”), offers for sale car spare parts (mainly for Citroën 2CV, 2CV vans, Méhari, Dyane, Acadiane, and Ami vehicles) (hereinafter the “Products” or “Product”) on the website https://www.mehariclub.com/en/ (hereinafter the “Site”) to any natural person acting as a consumer (hereinafter the “Customer” or “you”).
2. SCOPE AND ENFORCEABILITY
These general terms and conditions of sale (hereinafter, the “GTC”) govern, without restriction or reservation, all sales concluded by 2CV MEHARI CLUB CASSIS with Customers wishing to purchase the Products offered for sale on the Site.
These GTC may be supplemented by specific terms and conditions set out on the Site prior to any transaction with the Customer.
The GTC were made available to you before the conclusion of the sale and can be consulted at any time on the Site. You acknowledge having read and accepted them, without reservation and in their entirety, by checking the box “I acknowledge that I have read and accept the General Terms and Conditions of Sale.”
The GTC in force on the date of the order shall prevail, where applicable, over any prior version or any contradictory document.
2CV MEHARI CLUB CASSIS reserves the right to amend its GTC at any time and without prior notice, it being specified that the applicable GTC will be those in force on the date of the Customer’s order.
If any provision of these GTC is found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
The Customer acknowledges having the legal capacity required to contract and acquire the Products offered on the Site; namely, to be of legal age, legally capable, and not under guardianship or curatorship.
3. PRODUCTS
The Products offered for sale are presented on the Site with a description of their essential characteristics, a photograph, a reference number, and a price.
We reserve the right to modify our catalog of Products available on the Site at any time.
It is the Customer’s responsibility to review this information before placing any order, it being specified that the choice and purchase of a Product is solely the Customer’s responsibility.
You are encouraged to refer to the Product description to learn its precise characteristics or to contact us by phone at +33 (0)4 42 01 07 68 or by email at pieces-detachees@mehariclub.com.
The photographs of the Products presented on the Site are not contractually binding, and therefore we cannot be held liable for minor differences between the Product images and the Products delivered.
The Site indicates whether Products are available in stock. Despite regular stock updates, a discrepancy may occur between the stock shown on the Site at the time of the order and the stock actually available when the order is processed. You will be informed in the event of a sudden unavailability of the Product(s) after placing your order. You will then have the option either to receive your order at a later date or to be refunded if your payment has already been processed. An email will inform you of the estimated availability dates of the relevant Products.
The Products are intended solely for the Customer’s personal use and must not be connected to any professional activity, including any resale or distribution of the Products.
4. ORDERS
4.1 Mandatory prior registration
Before placing an order, you must create an account on the Site by providing your details in the registration form (country, last name, first name, address, postal code, phone number, email, password). At the end of this registration process, we will send you an email confirming the creation of your account, containing your login credentials (email address and chosen password).
You agree to provide accurate, complete, and up-to-date information. You are the only one authorized to use these credentials and you agree to take all necessary measures to keep them personal and confidential.
In particular, you agree to inform us of any unauthorized use of your account, your password, or any breach of the security of your account, by emailing us at: contact@mehariclub.com . You may close your account at any time by sending an email to: contact@mehariclub.com .
4.2 Placing an order
To place an order, you must log in to your account on the Site using your credentials. You must then select the Products you wish to order on the Site, following these steps:
- Select the quantity of the chosen Product;
- Click the “add to cart” button;
- Choose whether to continue shopping or proceed to checkout;
- After selecting the Product(s), a summary of your cart will be displayed with the total cost of your order;
- Click on “Validate my cart”;
- Choose a delivery method (click & collect at the 2CV Méhari Club Cassis, home delivery, or delivery to another address);
- Confirm or enter the delivery address, then click on “validate my delivery”;
- Check the box “I acknowledge that I have read and accept the General Terms and Conditions of Sale”;
- Choose the payment method (by credit card, check, or bank transfer);
- Enter the required information according to the chosen payment method (for credit card payment: card number, expiration date, and security code); and
- Confirm the payment.
Up until the payment stage, you can review or modify your order by clicking on your cart at the right of the Site’s page. It is your responsibility to verify the accuracy of the order and to report or correct any errors. You may also cancel your order before payment.
4.3 Order confirmation
An order confirmation is displayed on the Site after your order has been recorded. It is also sent to you by email at your registration address.
Once confirmed and accepted by us, the order cannot be modified or canceled, except in the case of exercising the right of withdrawal or in cases of force majeure.
The order confirmation includes a summary of the order contents, the order number, the payment method used, a detailed breakdown of the order amount, the billing and shipping addresses, and a link to access your invoice on the Site, in your personal account.
Information about your order, as well as your order history and invoices, remains accessible on the Site in your personal account.
4.4 Archiving of the order
Each order is archived by 2CV MEHARI CLUB CASSIS for a period of ten (10) years. You may access the details of your past orders at any time by logging into your account or by sending an email to customer service at: pieces-detachees@mehariclub.com.
4.5 Evidence agreement
Unless proven otherwise, the data and digital or electronic files recorded in the Site’s IT infrastructure constitute proof of all transactions concluded with the Customer.
5. PRICES
The Products are supplied at the prices in effect as shown on the Site at the time the order is recorded by 2CV MEHARI CLUB CASSIS.
The prices listed on our Site are inclusive of all taxes (VAT included at the current French rates of 20% or 10%) and are expressed in Euros. They take into account any discounts that may be granted by 2CV MEHARI CLUB CASSIS on the Site.
They do not include delivery charges, which are invoiced in addition, under the conditions indicated on the Site, and calculated prior to placing the order. These fees are detailed in Article 7 below.
We reserve the right to modify our prices at any time, it being specified that the applicable and invoiced prices are those displayed on the Site on the day the order is confirmed.
Before validating the order, you will be informed of the delivery charges and the total price to be paid.
The prices indicated on the Site do not include any customs duties that may be payable by you for deliveries outside the European Union. These duties are detailed in Article 8 below.
6. PROMOTIONAL CODES
Promotional codes applicable to all or certain purchases of Products and services (including delivery fees) made on the Site may be offered at any time by 2CV MEHARI CLUB CASSIS as part of promotional campaigns.
Promotional codes are valid for a limited period (the duration of which will be specified to you on the Site). They are non-transferable and cannot be exchanged or purchased from 2CV MEHARI CLUB CASSIS. Unless otherwise stated, only the Customer who received the promotional code may benefit from it. A minimum and/or maximum purchase amount may be specified for each promotional code.
Our promotional codes may entitle you to a percentage discount on certain products, on all or part of an order, or to receive free products.
In the event of a full or partial return of Products related to a promotional code, the amount of the promotional code applied to the order linked to the returned Product will be deducted from the amount refunded to the Customer by 2CV MEHARI CLUB CASSIS.
7. DELIVERY FEES
In the case of delivery of Products — excluding product pick-ups at the 2CV MEHARI CLUB CASSIS click and collect points— orders are subject to delivery fees, which are indicated separately from the Product price before the order is confirmed and form an integral part of the order. Delivery fees may be waived during promotional periods or under certain conditions.
Free delivery on orders of €250 or more (including VAT) for private customers and clubs:
Private customers and clubs are entitled to free delivery to a Colis collection point for any order shipped to mainland France (including Corsica) with a total value of €250 or more (including VAT), excluding delivery charges, and with the exception of parcels that are too large to be delivered to a Colis collection point. Orders exceeding €250 (including VAT) that result in parcels that are too bulky or contain oversized items, as well as orders shipped outside mainland France, will be subject to delivery charges based on a pricing structure determined by the volume and weight of the parcel and its delivery location.
Free deliveries and the MCC PRIVILÈGES (MCC PRIVILEGES) loyalty programme:
Individual customers or clubs who have activated Bronze, Silver or Full Member status in our loyalty programme are entitled, during the period of activation of one of these three statuses, to free delivery within mainland France and Corsica only, subject to the following conditions:
- Bronze Member: free delivery to a Parcel Collection Point for any order shipped to mainland France, including Corsica, with a total value including VAT of €250 or more, excluding delivery charges, and with the exception of parcels too large to be delivered to a Parcel Collection Point.
- Silver Member: Free delivery to Parcel Collection Points or to a residential address in mainland France, including Corsica, for all orders totalling €150 or more including VAT (discounts included, excluding delivery charges and any additional fees), and with the exception of bulky parcels.
- Gold Member: Free delivery to Parcel Collection Points or to a residential address, with the option of express delivery, including bulky parcels, for all orders totalling €100 or more including VAT (discounts included, excluding delivery charges and any additional fees).
Regardless of the MCC PRIVILEGES status activated, free delivery does not include the delivery of oversized parts, for which flat-rate delivery surcharges will apply to the same destinations: €30 including VAT for 2CV platforms, €50 incl. VAT for Méhari floor panels and body kits, €630 incl. VAT for 2CV body shells. Trailer shipping subject to quotation.
The free delivery method offered may vary depending on the nature of the orders and the delivery location.
8. CUSTOMS DUTIES
When you order Products for delivery outside the European Union, customs duties, local taxes, import duties, or state taxes may be payable upon receipt of the package. These additional charges are not the responsibility of 2CV MEHARI CLUB CASSIS. They are at your expense and under your full responsibility, both in terms of declaration and payment to the competent authorities and/or bodies in the country of delivery. These charges vary from country to country, and we recommend that you inquire and contact your local authorities for more information. In such cases, you are considered the importer of the Products into the relevant country.
9. PAYMENT
The price is payable in full at the time the order is placed by the Customer.
Any order only becomes effective upon receipt of payment, by credit card (Visa, Eurocard, Mastercard), bank cheque (drawn on an account domiciled in France only) or postal cheque payable to 2CV MEHARI CLUB CASSIS, bank transfer, or postal order. For orders placed from abroad, and depending on the country, only payments by credit card (Visa, Eurocard, Mastercard), bank transfer or PayPal are accepted.
If payment of the price is incomplete or fails for any reason attributable to you, the order will be automatically canceled, and any resulting costs will be borne by you, without prejudice to any claim for damages.
Upon receipt of full payment for the order, you will receive an email informing you of the shipment of your package and the availability of your invoice, which can be viewed and downloaded via the link provided in the email directing you to your personal account on the Site. In the case of in-store collection, the invoice will be provided at the time of collection.
Payment by credit card in three instalments without fees – terms of application:
- Minimum purchase amount of €150 including VAT.
- Reserved for individual customers and organisations who hold active Silver or Gold membership of the Méhari Club Cassis MCC PRIVILEGES loyalty programme and are staying in mainland France or Corsica.
10. PRODUCT COLLECTION AND DELIVERY
You have the option to choose either collection at the 2CV MEHARI CLUB CASSIS or delivery to the address of your choice.
10.1. Collection at Cassis
By selecting the “Collection at Cassis” option, you agree to collect your order directly from the Click & Collect points of 2CV MEHARI CLUB CASSIS, located at Quartier le Bregadan in Cassis (13260) or at 1 Chemin du Mont Gibaou in Cassis (13260), depending on the weight and size of the parcel, during opening hours, Monday to Friday from 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 5:00 p.m. (working days).
Collection is possible as from receipt of an email notifying you that your order is ready.
Products will be held for you at the Click & Collect Points for a period of two (2) weeks from the receipt of the email confirming availability.
If you fail to collect your order within this period, the Products will be returned to stock and will no longer be reserved for you. It will then be your responsibility to contact 2CV MEHARI CLUB CASSIS again to arrange a new appointment for collection.
10.2. Delivery terms and timeframes
Products ordered will be delivered to the delivery address you specified when placing your order. The delivery address may be different from the billing address.
If the delivery address is outside the European Union, additional taxes and customs duties may apply (see Article 8).
Unless in case of force majeure or delivery network overload, the ordered Products will be delivered within mainland France within a maximum period of seven (7) working days from the dispatch of the order to the address provided by the Customer on the Site.
We undertake to use our best efforts to deliver the ordered Product(s) within the timeframes indicated above and to inform you of any potential delay, it being specified that the above-mentioned timeframes are provided for information purposes only.
You may track the progress of your order on the Site. For any questions regarding your order tracking, you can contact our after-sales service by phone at +33 (0)4 42 01 07 68 (press option 4) or by email at: sav@mehariclub.com .
If the Products have not been delivered within thirty (30) days from the delivery date indicated when placing your order on the Site, for any reason other than force majeure or your own fault, the sale may be cancelled at your written request under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code. You will then be refunded in full no later than fourteen (14) days after receipt of the cancellation of the order.
11. TRANSFER OF OWNERSHIP – TRANSFER OF RISK
Ownership of the Products will only be transferred to you once full payment of the order price, including all fees and taxes, has been received, regardless of the delivery date of said Products.
Irrespective of the date of transfer of ownership of the Products, the transfer of risks of loss and damage relating thereto will only occur at the time you or any third party you designate takes receipt of the Products.
12. RIGHT OF WITHDRAWAL
In accordance with legal provisions, you have a period of fourteen (14) days from the effective date of your order to exercise your right of withdrawal, without having to give any reason or pay any penalty, by sending either by post to the following address:
Société 2CV MEHARI CLUB CASSIS, CS 80019, 13714 Cassis Cedex, France,
or by email to: pieces-detachees@mehariclub.com ,
either the standard withdrawal form set out in Appendix 2 of these General Terms and Conditions of Sale, or any unambiguous statement clearly expressing your intention to withdraw, mentioning the order concerned.
Once your notice of withdrawal has been sent, you must return the Product(s) you may have received, as soon as possible and at the latest within fourteen (14) days, by Colissimo (for parcels under 30 kg at the economy rate, and for bulky items after contacting customer service at: sav@mehariclub.com ) to the following address:
Société 2CV MEHARI CLUB CASSIS, CS 80019, 13714 Cassis Cedex, France.
You must return the Products in their original packaging, in original condition and complete (packaging, accessories, instructions, etc.) so that they may be resold as new, together with the purchase invoice. Damaged, soiled, mounted or incomplete Products will not be accepted for return.
If you exercise your right of withdrawal within the aforementioned period, we will refund all sums paid by you at the latest within fourteen (14) days from the date on which we were informed of your decision to withdraw. The refund may, however, be deferred until we have recovered the Product(s) or until you have provided proof of shipment of the Product(s), whichever of these dates comes first.
We are not required to reimburse delivery costs if you expressly chose a delivery method other than the least expensive standard delivery option offered on the Site.
The refund will be made using the same means of payment that you used to purchase the Product(s), unless reimbursement by the initial payment method is impossible or we mutually agree on a different method.
Exception to the right of withdrawal:
The right of withdrawal does not apply to Products made to the Client’s specifications or clearly customized (e.g. license plates, special paint or upholstery).
13. RECEIPT
In the event of non-conformity of the Product collected or delivered, we undertake to remedy it under the conditions provided for in Articles L.217-4 et seq. of the French Consumer Code, as specified in Article 15 below.
Regardless of the method of delivery or collection of the Product, you are required to check the condition of the packaging and the conformity of the Product at the time of collection or delivery.
Any claim for non-conformity, shortage or damage apparent upon delivery of the parcels by the carrier must be reported to Société 2CV MEHARI CLUB CASSIS. In the event of delivery, your reservations (including a detailed description of their reasons) must be noted on the carrier’s delivery slip and confirmed to Société 2CV MEHARI CLUB CASSIS by sending, together with a copy of the specific reservations made to the carrier, within 48 hours of collecting the Product or signing the delivery slip, either:
- by registered letter with acknowledgement of receipt to the following address:
Société 2CV MEHARI CLUB CASSIS, CS 80019, 13714 Cassis Cedex, France, or - by email to: sav@mehariclub.com .
If the non-conformity of the Product(s) is confirmed, we will send you a return authorization specifying the address and the procedures for returning the Product(s). We will bear the cost of return either by providing a prepaid return label or, failing that, by reimbursing you for the actual return shipping costs.
Claims will not be accepted under any circumstances if these conditions are not met.
If no claim is made under the above conditions, the Products will be deemed accepted.
14. EXTENDED 365-DAY RETURN FOR FOR SILVER AND GOLD MEMBERS OF THE MCC PRIVILEGES PROGRAMME
If you hold active Silver or Gold membership of the Méhari Club Cassis’s MCC PRIVILÈGES loyalty programme, you have the option to exchange or request a refund for the Product(s) ordered after returning them within a period of one (1) year from the date of your order, without having to establish any non-conformity or defect. You must first contact our After-Sales Service (by telephone at +33 (0)4 42 01 07 68 or by email at sav@mehariclub.com ), before returning your Products, in order to obtain your product return case reference.
Return shipping costs are your responsibility
The Product must be returned to us in new condition, complete, with its accessories, and in its original packaging, failing which a penalty may be applied or the exchange or refund may be refused. It is therefore essential that:
- The Product is in perfect condition (unused and free from assembly marks).
- The Product is returned to us in its original packaging (intact, unmarked, and not taped).
- The Products you return are placed inside a shipping box. The “return label” must be affixed visibly on the box. If your return concerns a kit of parts, all components of the kit must be returned in order to proceed with an exchange or refund. Please ensure that heavy or fragile Products are properly cushioned so that they are well secured and not damaged during transport.
For an exchange: An exchange will be made for a Product with a similar item reference and identical description, subject to stock availability. If an exchange is not possible, we will proceed with a refund.
For a refund: Upon receipt of the Product, our Customer Service team will contact you to offer either store credit or a refund. The store credit or refund will generally be processed within twenty-one (21) days after the Product is received in our warehouse.
- In the case of a refund: you will be reimbursed via your original method of payment, either by check or by a credit transaction on your bank card.
- In the case of store credit (the fastest refund method): your customer account will be credited with the refunded amount if you used a voucher for your order payment or if you request it.
15. STATUTORY WARRANTIES
As the seller, Société 2CV MEHARI CLUB CASSIS is liable:
- for any lack of conformity of the Product(s) with the contract, under the conditions set out in Articles L.217-4 et seq. of the French Consumer Code (legal warranty of conformity), and
- for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code (legal warranty against hidden defects).
The full text of these legal provisions is set out in Appendix 1 of these Terms and Conditions.
Under the legal warranty of conformity, applicable to Products that are apparently defective, damaged, or do not correspond to the order, you:
- have a period of two (2) years from delivery of the goods to take action against us;
- may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;
- are exempt from having to prove the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.
Under the legal warranty against hidden defects arising from a defect in material, design or manufacture affecting the delivered Products and rendering them unfit for use, you:
- have a period of two (2) years from the discovery of the defect to bring an action;
- may choose between rescission of the sale or a reduction in the purchase price in accordance with Article 1644 of the French Civil Code.
To assert your rights, you must notify us in writing:
- of the non-conformity of the Product(s) within a maximum of 48 hours following collection or signing of the delivery slip for the Product, or
- of the discovery of the hidden defects,
within the above-mentioned time periods, and return or bring to the store the non-conforming and/or defective Products in the condition in which they were received, together with all components (accessories, packaging, instructions, etc.).
An inspection will be carried out by our teams to verify the existence of the reported non-conformity or defect.
We will refund, replace or repair only the Product(s) under warranty that are deemed non-conforming or defective.
Shipping costs will be reimbursed on the basis of the amount charged and upon presentation of supporting documents.
If you choose a refund of the Product(s), it will be made as soon as possible and at the latest within thirty (30) days of the finding of the lack of conformity or hidden defect. The refund will be made by crediting your bank account or by sending you a bank cheque.
The statutory warranties of conformity and against hidden defects apply independently of any commercial warranty that may have been granted.
16. COMMERCIAL WARRANTY FOR EXCHANGE STANDARD ENGINE
From the date of purchase indicated on the invoice for the exchange standard engine, the warranty coverage against any manufacturing defect, without mileage limitation, applies under the following conditions:
16.1. Six (6) Month Warranty if:
- The original breather valve (“reniflard”) is purchased and replaced (the purchase of the breather valve must appear on the same invoice as the engine purchase and on the same date).
- Strict compliance with the assembly instructions (see page 8 of the booklet provided with the engine purchase).
The warranty does not cover labor costs for removal and refitting of the engine unless the installation was performed in our workshops or if you have subscribed to the “Garantie Sérénité Moteur” option.
16.2. Twenty-Four (24) Month Warranty if:
- The commissioning kit is purchased (the purchase of the commissioning kit must appear on the same invoice as the engine purchase and on the same date).
- Replacement of the original breather valve.
- Replacement of recycling hoses.
- Replacement of the air filter cartridge.
- Replacement of the oil pressure switch.
- Strict compliance with the assembly instructions (see page 8 of the booklet provided with the engine purchase).
The warranty does not cover labor costs for removal and refitting of the engine unless the installation was performed in our workshops or if you have subscribed to the “Garantie Sérénité Moteur” option.
These warranties shall in no event be extended beyond the durations specified above.
In case of any issue, immediately contact our After-Sales Service at +33 (0)4 42 01 07 68 or by email at sav@mehariclub.com , who will advise you depending on the severity of the problem either to return the engine or other part for inspection, or to have a mechanic intervene under our responsibility to avoid engine removal.
The warranty is limited to the exchange of parts manufactured by us and recognized as defective by our After-Sales Service, or to repair, at our discretion and without any obligation of timing, excluding any compensation for vehicle downtime or any accident-related consequences for persons or property.
Following inspection at our workshops, if engine replacement is necessary, delivery costs will be borne by us and the warranty period shall be renewed.
Labor costs related to repair or replacement of our engines will only be covered if the installation was performed in our workshops and the “Garantie Sérénité” option has been subscribed. Consumables and scheduled maintenance are not covered.
16.3. Conditions for Coverage:
- Initial installation and adjustments of the engine must be performed by a distributor of 2CV MEHARI CLUB CASSIS, an authorized Relay Point, or a professional automotive technician.
- Assembly instructions provided must be strictly followed.
- Removal and refitting of the engine under warranty must be done by the same professional, subject to approval by 2CV MEHARI CLUB CASSIS of the intervention quote.
Costs related to towing and transport remain the responsibility of the Client.
16.4. Exclusions from the Exchange Standard Engine Warranty:
Warranty shall be excluded in any of the following cases:
- Use of synthetic oils.
- Partial or full repairs performed without our prior consent.
- Engine or crankshaft seized due to lack of oil or oil cooler failure (see assembly instructions page 8).
- 1000 km check not performed by a professionally recognized technician.
- Sale of the vehicle resulting in change of ownership.
- Failure to respect the break-in period.
- Improper assembly or adjustment of the engine, including improper tightening of the flywheel.
- Engine disassembled and returned without our agreement or incomplete.
- Use of the engine for purposes not intended by the manufacturer (racing, industrial engine).
- Failure to replace the oil breather valve.
- Damage resulting from malfunction of peripheral components.
16.5. Optional “Garantie Sérénité” Insurance:
Under the “Garantie Sérénité” insurance, 2CV MEHARI CLUB CASSIS commits to cover all costs related to issues arising from:
- Engine repatriation and shipping once repaired,
- Engine installation and removal,
- Replacement of necessary parts.
The commercial warranty for exchange standard engines does not replace the legal warranty against hidden defects as provided by Articles 1641 to 1649 and 2232 of the French Civil Code, nor the legal warranty of conformity under Articles L217-1 to L217-16, L232-2 and L241-5 of the French Consumer Code.
17. COMMERCIAL WARRANTY – ORIGINAL AND ADAPTABLE PLATFORMS
17.1. Original Platform Warranty
- Original cataphoresis platforms (references: 10071000; 10071013; 10071015; 1071017 and 10071005 (platform only warranty as no treatment, sold raw)) :
- Platform: 2-year warranty
- Corrosion protection treatment: 10-year warranty
The warranty is excluded in the following cases:
- Any non-compliant use of the vehicle (platform and treatment)
- Sale of the vehicle resulting in a change of ownership.
- Original galvanized platform (reference 10071010):
- Platform: 2-year warranty
- Corrosion protection treatment: lifetime warranty
The warranty is excluded in the following cases:
- Any non-compliant use of the vehicle (platform and treatment)
- Sale of the vehicle resulting in a change of ownership.
17.2. Adaptable Platform Warranty
Adaptable platforms, whether cataphoresis or galvanized, are warranted under the following conditions:
- Platform: 2-year warranty
- Corrosion protection treatment: 2-year warranty
The commercial warranty for original and adaptable platforms does not replace the legal warranty for hidden defects under Articles 1641 to 1649 and 2232 of the French Civil Code, nor the legal warranty of conformity under Articles L217-1 to L217-16, L232-2 and L241-5 of the French Consumer Code.
18. LIMITATION OF WARRANTY
Our liability cannot be engaged in the following cases:
- Non-compliance with the legislation of the country where the Products are delivered;
- Use not conforming to the specifications and recommendations of the equipment manufacturer or automotive constructor;
- Use for professional purposes;
- Negligence;
- Defects and consequences linked to errors by the Customer, improper handling, abnormal use of the vehicle for which the part was intended, resulting from non-compliant use or installation, incorrect assembly, maintenance or storage of the part;
- Normal wear and tear of the Product.
19. WEBSITE ACCESS
We are only subject to an obligation of means regarding the operation and continuity of the Website. Consequently, our liability cannot be engaged for any damage resulting from the use of the Website or the Internet network, such as data loss, intrusions, viruses, access speed issues, external slowdowns, suspensions or unavailability of the Website, fraudulent use by third parties, breakdowns and technical problems, or if the Website is incompatible or malfunctions with certain of your software, configurations, operating systems, or equipment.
20. INTELLECTUAL PROPERTY
The Website and all its components (texts, photographs, images, data, etc.) are protected by intellectual property rights, which are and remain the exclusive property of Société 2CV MEHARI CLUB CASSIS.
The company name, domain name, logos, images, and other distinctive signs characterizing Société 2CV MEHARI CLUB CASSIS are also protected by intellectual property rights. Any reproduction, adaptation, or use of these distinctive signs is strictly prohibited under penalty of infringement.
21. FORCE MAJEURE
Société 2CV MEHARI CLUB CASSIS cannot be held liable towards the Customer if non-performance or delay in performance of any of its obligations, as described in these GTC, results from a case of force majeure.
A case of force majeure is considered any event beyond the debtor’s control, reasonably unforeseeable at the time of the Contract’s conclusion, whose effects cannot be avoided by appropriate measures, and which prevents the debtor from fulfilling its obligation, in accordance with Article 1218 of the Civil Code. Without requiring the party unable to perform its obligations to prove that the event has these characteristics, the following events are considered force majeure: war, terrorist attack, armed conflict, embargo, nationwide social movements, natural disasters, earthquake, typhoon, flood, fire, explosion, hurricanes, power outage, network outage, computer failure, requisition at Société 2CV MEHARI CLUB CASSIS, its suppliers or subcontractors, epidemic, pandemic, and/or any public authority decision affecting contract execution.
In such a situation, Société 2CV MEHARI CLUB CASSIS reserves the right to suspend or terminate the sale of Products, in whole or in part. Its liability for non-performance cannot be engaged nor result in damages or late penalties.
Execution of the obligation is suspended during the force majeure period if temporary and does not exceed ninety (90) days. If the impediment is permanent or exceeds ninety (90) days, the sale governed by these GTC will be automatically terminated after Société 2CV MEHARI CLUB CASSIS sends the Customer a notification referring to this clause.
22. UNFORESEEABILITY
In the event of an unforeseeable change of circumstances at the time of sale conclusion and pursuant to Article 1195 of the Civil Code, Société 2CV MEHARI CLUB CASSIS, which has not agreed to assume the risk of excessively onerous performance, may request renegotiation of the sale with the Customer.
However, if the unforeseeable change is permanent or lasts beyond ninety (90) days, the sale is automatically terminated upon receipt by the Customer of a notification from Société 2CV MEHARI CLUB CASSIS referring to this clause of the GTC.
23. PERSONAL DATA – GDPR
Please refer to the personal data policy of Société 2CV MEHARI CLUB CASSIS, which applies to all personal data related to registration, ordering, and commercial relations.
24. APPLICABLE LAW – LANGUAGE
These GTC are governed by French law.
They are drafted in French. In case of translation into one or more languages, only the French text will prevail in case of dispute.
25. CLAIMS – MEDIATION
In case of complaint, you may contact after-sales service:
- Either via the contact form on the Website accessible at https://www.mehariclub.com/en/contact-us/ ;
- Or by email at: sav@mehariclub.com;
- Or by phone at: +33 (0)4 42 01 07 68 (select option 4).
You have a period of six (6) months from the contested event.
Pursuant to Article L.612-1 of the Consumer Code, if you are not satisfied with the final response from our after-sales service, you have the right to free conventional mediation with the Consumer Mediation Commission (Article L.612-1 of the Consumer Code) for amicable dispute resolution.
The mediator is the National Council of Automotive Professions (CNPA). You must send a complete file including all documents exchanged with after-sales, following the referral procedure on their website: https://www.mobilians.fr/juridique-fiscal/mediation-des-litiges-avec-les-consommateurs/.
For cross-border disputes (if you reside in an EU country other than France), you can consult the European Commission’s online dispute resolution platform: https://ec.europa.eu/consumers/odr.
Failing an amicable agreement, any dispute related to these GTC or sales and purchase operations concluded between Société 2CV MEHARI CLUB CASSIS and the Customer will be subject to the exclusive jurisdiction of French courts, including in cases of multiple defendants, warranty claims, or summary proceedings.
For cross-border disputes (EU resident outside France), consult the European Commission’s ODR platform: https://ec.europa.eu/consumers/odr. Failing an amicable agreement, any dispute will be subject to the exclusive jurisdiction of French courts, including in cases of multiple defendants, warranty claims, or summary proceedings.
APPENDIX 1
CONSUMER CODE
The seller delivers a good that conforms to the contract and is liable for defects of conformity existing at the time of delivery.
They are also liable for defects of conformity resulting from packaging, assembly instructions, or installation when these were the seller’s responsibility under the contract or carried out under their supervision.
The good conforms to the contract if:
1° It is suitable for the use generally expected of a similar good and, if applicable:
- It corresponds to the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model;
- It presents the qualities that a buyer can legitimately expect given the public statements made by the seller, producer, or their representative, notably in advertising or labeling;
2° Or it presents the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by them.
The seller is not bound by public statements made by the producer or their representative if it is established that they did not know them and were not reasonably able to know them.
Defects of conformity that appear within twenty-four months from the delivery of the good are presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is six months.
The seller may rebut this presumption if it is incompatible with the nature of the good or the defect claimed.
The buyer has the right to require conformity of the good to the contract. However, they cannot contest conformity by invoking a defect they knew or could not have ignored when contracting. The same applies if the defect originates from materials supplied by the buyer.
In case of non-conformity, the buyer chooses between repair and replacement of the good.
However, the seller may refuse the buyer’s choice if it entails a manifestly disproportionate cost compared to the alternative, considering the value of the good or the severity of the defect. In such case, the seller must proceed, unless impossible, with the alternative option.
If repair and replacement are impossible, the buyer may return the good and obtain a refund or keep the good and obtain a partial refund.
This option is also available:
1° If the solution requested, proposed, or agreed upon under Article L. 217-9 cannot be implemented within one month following the buyer’s complaint;
2° Or if the solution cannot be implemented without major inconvenience to the buyer, considering the nature of the good and its intended use.
Termination of the sale cannot be pronounced if the defect is minor.
The provisions of Articles L. 217-9 and L. 217-10 apply at no cost to the buyer.
These provisions do not prevent the award of damages.
The action arising from non-conformity is time-barred two years after delivery of the good.
The provisions of this section do not deprive the buyer of the right to take action for latent defects as set out in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law.
When the buyer requests repair under a commercial warranty granted at the acquisition or repair of a movable good, any immobilization period of at least seven days is added to the remaining warranty period.
This period runs from the buyer’s intervention request or the provision of the good for repair, if later.
CIVIL CODE
The seller is bound by the warranty for hidden defects in the sold item that make it unfit for its intended use or so reduce its usefulness that the buyer would not have acquired it, or would have paid less, had they known.
The seller is not bound by apparent defects which the buyer could have discovered.
The seller is bound by hidden defects, even if unaware, unless they have expressly excluded all warranty.
In cases of Articles 1641 and 1643, the buyer may return the item and recover the price or keep the item and obtain a partial refund.
If the seller knew of the defects, they owe the buyer damages in addition to refunding the price.
If the seller was unaware of the defects, they are liable only for refunding the price and reimbursing the sale-related expenses.
If the defective item perishes due to its defects, the loss is borne by the seller, who must refund the price and damages.
Loss due to fortuitous events is borne by the buyer.
The action for hidden defects must be brought within two years of discovery.
In the case of Article 1642-1, the action must be brought within one year after the seller is freed of liability for apparent defects.
The suspension, interruption, or postponement of prescription may not extend the limitation period beyond twenty years from the right’s origin.
APPENDIX 2
WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from your order placed on the website https://www.mehariclub.com/fr, except where withdrawal rights are excluded or limited according to the applicable Terms and Conditions of Sale.)
To: Société 2CV MEHARI CLUB CASSIS,
CS 80019, 13714 Cassis Cedex, France
pieces-detachees@mehariclub.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract concerning the sale of the good(s) (*) below:
Ordered on (*) / received on (*):
Order number:
Name(s) of consumer(s):
Address(es) of consumer(s):
Signature(s) of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate