Terms and conditions
Article 1: enforceability of the general conditions of sale
Unless otherwise agreed, any order implies the customer’s full and unreserved acceptance of these general conditions of sale.
In addition, the buyer’s general or specific conditions can never and under no circumstances prevail over these general conditions, unless expressly and writtenly waived by the seller.
Article 2: Conclusion of the contract
The contract is concluded by simply signing the order form. By signing the order form, the customer irrevocably undertakes to respect all obligations arising from the contract as well as these general conditions.
Article 3: Estimate – quote
At the Customer’s request, either an estimate or a quote for the work to be carried out on their vehicle will be established. The estimate is an indication without dismantling, provided free of charge, on the nature of the operations to be carried out and the approximate cost of the repair.
The estimate is a detailed and quantified list of operations to be carried out with possible dismantling or preliminary study. The estimate is invoiced if dismantling is necessary, and will be deducted from the repair invoice if the latter is carried out. None of the repairs deemed necessary by the company will be undertaken by it if it has not been agreed by the Customer.
Article 4: Modification of the order
Any modification or termination of the contract requested by the buyer can only be taken into consideration if it is received in writing before any service from the seller and/or before installation of any material component. The seller is never required to accept a modification requested by the buyer. In any case, if the seller accepts the termination of the concluded contract, the buyer will be liable automatically and without formal notice for forfeiture compensation equivalent to 20% of the price set in the order form, with a minimum of 250 euros. No deposit received by the seller will be returned in the event of termination requested by the buyer and accepted by the seller.
Article 5: Price
The final price for which the customer is liable and to be taken into consideration is only that appearing on the order form signed by the buyer. This price is inclusive of all taxes (TTC).
The work carried out is payable in cash, except under special conditions. Under these conditions, and in the event of late payment or non-payment, the company may invoice the customer, without prior notice, for reminder costs, file management costs, and non-payment costs, the amount of which will be increased to knowledge of the customer through a display in the repairer’s premises.
For professional customers, in accordance with article L441-6 of the Commercial Code, failure to pay by the customer on the scheduled date will automatically result in the invoicing of late payment penalties per day of delay calculated on the basis of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points.
Late penalties are payable without a reminder being necessary.
Article 6: Installation of products and execution of work
The work is undertaken according to the request expressed by the Customer and is indicated on the order form. If during the execution of the work, it appears necessary to carry out additional work in relation to the estimate, the company must inform the Client. An additional quote will eventually be established. In the absence of written agreement from the Client, within 3 (three) calendar days from the date of communication of information relating to the additional work to be undertaken, the latter will be deemed refused by the Client, under his responsibility. The company is released from all liability if the Client refuses to order this additional work.
Installations are only carried out according to the availability of the order and in the order of arrival of the orders. In addition, installation times may fluctuate depending on the complexity of the vehicles. The installation time provided for in the order form is purely indicative and cannot in any way bind the seller to an obligation of result. Exceeding delivery times cannot under any circumstances give rise to damages, deductions or cancellation of orders in progress. The estimate of the duration of assembly of parts on a vehicle is purely indicative. This may therefore result in an additional price if the estimated time is exceeded. Exceeding delivery times cannot under any circumstances give rise to damages, deductions or cancellation of orders in progress.
Article 7: Guarantee
The company only guarantees the engine reprogramming carried out on the vehicle. If the reprogrammed vehicle were to return to its original configuration within 3 years from the date of reprogramming in our workshops, we undertake to reprogram the vehicle once free of charge. Subsequent rescheduling will be invoiced on the basis of a fixed amount set at €250 including tax.
No engine parts, engine, repair costs and compensation will be covered by the seller following any other breakage resulting from the sale of one of its products. The seller cannot also be held responsible for damage caused to the vehicle resulting from the sale of one of its products.
Article 8: Payment
Unless otherwise stated, payments are made in cash when the invoice is issued or on the due date indicated on it. The customer has the choice of paying either in cash or by bank currency. In the event of late payment, the seller may suspend all orders in progress without prejudice to any other avenues of action. Any amount not paid in cash or on the due date appearing on the invoice automatically entails conventional interest of 8%, without prior notice. In the event of late or non-payment, the buyer will also be liable for compensation fixed at a flat rate of 15% of the price, although this compensation may not be less than 150 euros.
Article 9: congestion compensation
A daily compensation of €14 per day of congestion will be invoiced to the Customer, after sending a registered letter serving as formal notice, from the seventh following calendar day:
– entry of the vehicle into the workshop, unless the work is ordered before the expiration of this period.
– sending the estimate, unless the work is ordered before the expiration of this deadline.
Article 10: Regulations specific to installed products
The company Exelixis E-tuner draws the Customer’s attention to the fact that the reprogramming of the vehicle, the installation of the products or any other intervention carried out by the seller may probably result in the modification of certain technical characteristics of vehicles. The vehicles after intervention by the seller no longer comply with the original certificate of conformity and can no longer be driven on public roads.
In addition, the vehicle manufacturer may, following modifications made by the seller to the vehicle, refuse to grant the manufacturer’s warranty from which the customer normally benefits. The seller cannot under any circumstances be held responsible for this loss or for a refusal of intervention by the manufacturer based on said loss. No compensation can therefore be claimed from it in the event of the manufacturer’s refusal to apply the guarantee.
The seller also draws the buyer’s attention to the fact that modifications made to the vehicle require the customer to notify their civil liability insurance company, failing which the latter could refuse its intervention or take recourse action. against its insured. The seller also points out that such a declaration to the insurance company may result in an increase in the premiums paid by the insured. Under no circumstances can the seller be held responsible for a possible refusal of insurance intervention or a request for an additional premium.
Finally, the engine map installed in your vehicle is the property of Exelixis E-tuner, therefore it cannot under any circumstances be re-read, copied or reused.
Article 11: Responsibility of the seller
The vehicle entrusted to the seller by the customer is understood as that given to the company for the purpose of carrying out work, such as diagnostics, tests, optimization, modification of the engine map, etc.
- i) External damage caused to third party vehicles by entrusted vehicles: the seller’s liability is incurred when a vehicle is moved within the premises or in the immediate environment of its workshop:
– When testing a vehicle on public roads by us within a maximum radius of 30 km from the company,
– During the return trip of the vehicle entrusted by the customer,
– When towing the vehicle entrusts.
However, the seller’s liability can only be called into question, during the movement and putting into circulation of the vehicle entrusted by the customer, if the vehicle is not insured by a RC Auto contract and if the following conditions are met:
– the vehicle is driven by an insured person in possession of a valid license appropriate to the type of vehicle driven,
– the entry into circulation of the entrusted vehicle is made necessary by the work.
In the event of a claim, the provisions, amounts and limitations provided for by the Insurance Code apply.
- ii) Damage to vehicles entrusted and objects entrusted
The following damages engage the responsibility of the seller:
– External damage caused during tests carried out by us, within a radius of 30 kilometers maximum, provided that the vehicle is fitted with its usual registration plate and that the driver of the vehicle is the holder of a valid license adapted to the category of vehicle to which the entrusted vehicle belongs,
– Damage caused to entrusted vehicles, during the execution of the work,
– Damage caused to entrusted vehicles, following a fire or explosion within the seller’s workshops. In the event of fire, explosion, smoke, our liability can only be incurred if these sudden incidents occur during refueling operations or work carried out inside the buildings of the company. assured business. Likewise, the damage caused will only be covered by the seller up to a maximum amount of 150,000 EUROS. Damage to objects in the trunk or inside the entrusted vehicle will never engage the seller’s liability.
iii) Theft of the vehicle:
The seller’s civil liability is incurred for the theft of an entrusted vehicle (options and accessories included) or for any damage resulting from theft or attempted theft. The right to compensation will be available under the conditions provided for by the Insurance Code.
The seller will not be held liable under any circumstances for stolen objects transported by the vehicle.
Article 12: Obligations and responsibility of the customer
As a Customer, you are responsible for:
– your own choice of the Product and its suitability for the use you make of it, your telephone and postal costs when you contact us,
– the maintenance of your vehicle according to the manufacturer’s recommendations,
– regulatory declarations incumbent on you, in particular insurance declarations.
Article 13: Data protection
You accept that information concerning you is kept or transferred in accordance with applicable laws on the protection of personal data, and computer processing managed by Exelixis E-tuner. You can ask us not to use information about you for commercial purposes.
Article 14: Applicable law and territorial jurisdiction
In the event of a dispute relating to the execution of this contract, the applicable law is as follows:
- If the customer is not an individual, the court on which the company’s head office depends will have sole jurisdiction,
- If the customer is an individual, the choice of the competent court will be made in accordance with the provisions of the code of civil procedure.
In addition, the Client may also attempt to find an amicable arrangement with the company before initiating any proceedings in court.
Article 15: Right of retention
In the event of non-payment of the sums due by the Customer for the repair carried out, the company may exercise its right of retention of the vehicle in accordance with article 16-12 of the Civil Code.
