TERMS AND CONDITIONS

I. General

Unless special and written derogation, our general conditions of sale replace and cancel all other general conditions of purchase of the customer. No waiver granted shall constitute novation.
Unless special specification accepted in writing, the characteristics of the equipment offered are those which appear on the manufacturer's specifications.
The customer has a withdrawal period of 14 days from the date of delivery. After this time, the goods are considered finally accepted and SWM Europa will not make any revision of the sale of any kind. SWM Europa agrees to exchange or refund parts returned within 14 days of receipt of the parts.
Ignition, electrical or electronic parts cannot be taken back or exchanged.
All prices are expressed in Euro.

II. Transfer of ownership

Pursuant to Law No. 80.335 of 05/12/80 relating to the effects of retention of title clauses in sales contracts, SWM Europa reserves ownership of the goods and/or equipment until full payment of the price by buyer.
Risk of damage and loss will pass to customer upon delivery.

III. Delivery delay

The availability of the material is indicated in real time. Delivery times start from the date of the order. Parts not available in stock may have up to 3 weeks delivery time. Beyond 30 days, the buyer may request the cancellation of his order. No fees will then be charged.

IV. Price and payment

Unless stipulated, the prices in our catalogues, prospectuses and price lists may be modified without notice within the framework of the regulations in force. However, they could be increased or decreased in the currency fluctuation ratio if the parity exchange rate between the euro and the currency of the country of origin were modified by more than 2.5% between the date of registration of the order and customs clearance. In addition, any change in taxes and customs duties will be reflected in the invoice price.
The validation of an order is made by obtaining a means of payment. The customer is then effectively debited only at the time of dispatch of the said order.
Our invoices are payable in cash, requiring no particular discount. Payment is made by Credit Card, Paypal, or bank transfer when ordering. We do not accept checks.
Failure to pay an invoice authorizes us to claim, after simple formal notice by registered letter with acknowledgment of receipt, immediate payment of all debts, even not due, reimbursement any collection costs and default interest, as well as suspending deliveries. Failure to pay also entitles us to claim damages and a penalty clause for compensation equal to 10% of the sums due, in addition to legal interest and any legal costs.
Any sum owed by a customer who remains unpaid from the due date will bear interest at the rate of the Banque de France plus 2 points.

V. Guarantee

SWM Europa provides the legal guarantee of conformity and hidden defects for the period provided for by article L.211-12 of the Consumer Code, from the date of delivery.
Any intervention on the product, bad assembly or development defect, defeats the application of the guarantee.
The guarantee consists, according to our choice, either in the replacement or in the repair in our premises of the equipment that we recognize as defective and does not entail any other responsibility on our part as to the direct or indirect consequences, both on persons and on property, of the failure of this equipment.
The guarantee does not apply in the event of deterioration which is not directly attributable to the operation of the appliance such as damage resulting from abnormal shocks, operating errors or modifications made by the customer. The customer wishing that SWM Europa proceeds with the repair of a device sold under guarantee, is responsible for sending it at its expense and under its responsibility to the premises of SWM Europa, which alone will decide on the procedure to follow with regard to this repair.
Delivery and repair times are given in good faith for information only and are not guaranteed. They will not be the subject of any complaint. Repairs, modifications or replacement of defective parts during the warranty period do not extend its duration.
We decline all responsibility for any modifications and repairs carried out without our written agreement: this results in the suspension of all clauses hardware warranty.

VI. Force majeure

In particular, the following events constitute force majeure: Internal or external strikes, disasters, delays in our own supply and, in general, any event affecting and rendering the normal execution of orders.

VII. Responsibility

All modifications to a motor vehicle allowing an increase in performance or not complying with the homologation rules are strictly prohibited on public roads (cf. Traffic laws art. R311-1 and L317-5) and reserved for use private (on circuits, tracks...). We refuse to provide material and information intended for unlawful use. We offer for sale original equipment specific to the homologation characteristics of the vehicle concerned, or else equipment strictly reserved for competition. SWM Europa cannot be held responsible for material provided for illegal use.

VIII. Jurisdiction

Any dispute falls within the jurisdiction of the Commercial Court of Le Puy-en-Velay. The rights and obligations of the parties are governed by French law.