General conditions of sale of an engine or generating set proposed on the site www.moteur-diesel-marin-midif.fr
1.1 - The present General Conditions of Sale apply to all engine or generating set sales for which an online payment has been made via the website www.moteur-diesel-marin-midif.fr, property of MIDIF.
1.2 - The general conditions of sale applicable are those in force on the date of receipt of payment made by the customer to MIDIF for the purchase of a product proposed on the site.
1.3 - The present conditions of sale are concluded:
By the company MIDIF public establishment of industrial and commercial nature of French right whose seat is 26 avenue de la Méditerranée 34110 Frontignan registered at the Chamber of Commerce of Sète under the number B 381 433 853 hereinafter called MIDIF
And on the other hand :
By any natural or legal person wishing to proceed with the purchase for one of the product offered by MIDIF on its website www.moteur-diesel-marin-midif.fr hereinafter referred to as "the Buyer".
MIDIF and the Buyer are hereinafter collectively referred as "Party(ies)".
These conditions of sale are intended to define the contractual relationship between MIDIF and the Buyer and the conditions applicable to any purchase whose payment is made through the merchant site of MIDIF, that the Buyer is professional or consumer.
The payment of the amount of 100% of the value of a product through this site implies an unreserved acceptance by the Buyer of these conditions of sale.
These conditions of sale shall prevail over any other general or special purchase terms not expressly approved by MIDIF.
ARTICLE 2 - ORDERS:
2.1 - The buyer chooses the product he wants to purchase. Insofar as he was able to understand his needs precisely (all the technical aspects) and that these are covered according to him by the product designated in the product sheet and according to the scope of supply strictly formulated on the site, he has the ability to pay the engine by making a payment online 100% of the order, either to make a payment by transfer, or to make a payment by certified check of 100% of the amount of the order.
2.2 - The proposed standard products are those listed in the catalog which is published on the MIDIF website.
These products are offered for sale within the limits of the factory stocks.
The photos in the catalog are as faithful as possible but cannot ensure a perfect similarity with the proposed product.
The buyer who makes an online payment for a product must:
- Create an online account and fill out the identification form on which he will indicate all the details requested.
- Fill his basket online by giving all the references of the products.
- Stipulate a place of delivery, this one may be different from the address indicated during the online creation of the account;
- Validate the provided 100% payment in accordance with Article 2.1
- Confirm his payment;
The confirmation of the order will take place under the conditions stipulated in articles 2.1, 2.2. It will entail the acceptance of the present conditions of sale, the recognition of having perfect knowledge of it and the renunciation to invoke its own conditions of purchase or other conditions.
MIDIF will inform by e-mail the receipt of the registered order under condition that the buyer has correctly registered its electronic coordinates.
ARTICLE 3 - SALE PRICE:
Prices are subject to change without notice.
The prices listed in the catalog are prices including VAT, taking into account the applicable VAT on the day of the order; any change in the rate may be reflected in the price of the products or services.
Prices shown on each item do not include transport charges. The transport costs are indicated on the final purchase order before the validation of the payment.
The goods remain our property until full payment of the price.
ARTICLE 4 - DELIVERY TIME:
We make every effort to ensure that the ordered products are delivered to you within the deadlines set out in the order form. In case of extension of the delivery period beyond our control, we undertake to warn you as soon as possible to allow you to decide whether to maintain or cancel the total or partial order.
The products and services are delivered by transport companies to the address indicated by the customer after reception of the total payment by credit card, bank transfer or certified check. The delivery times may vary in case of difficulties of routing, out of stocks or periods of holidays which will then be signaled by email to the customer. Working days do not include weekends and public holidays. For international deliveries, depending on products and regions, delivery times may vary by several weeks.
ARTICLE 5 - RESTRICTIONS AND CLAIMS:
5.1 - Upon delivery, the buyer is obliged to check the goods (the goods are always travelling at the recipient's own risk). Any restrictions he intends to make about the condition of the delivered goods must be mentioned on the delivery note.
In the absence of mention on the delivery note, no complaint will be accepted after receipt of the goods. Any damage noted and mentioned on the delivery note must be the subject of a claim by the buyer to the transport company within 48 hours by registered letter with acknowledgment of receipt. A copy should be sent to the technical service MIDIF (quality and technical service) 26 avenue de la Méditerranée 31110 Frontignan.
All complaints relating to a delivery error that cannot be exchanged must be made by registered letter with acknowledgment of receipt within 3 days.
After agreement of the company MIDIF, the material must be returned in its packaging of origin in perfect state. Refund rate applied in this case: 100% + Return costs (according to return transport price equal to the transport price of the initial delivery of the goods)
If the material subject to a delivery error is returned in poor condition or in damaged packaging, MIDIF will refund only after verifying that the engine has not been used.
In case of error of delivery, with exchange possibility, the new product will be delivered only after return of the erroneous goods.
The erroneous merchandise will be exchanged and the new merchandise will be shipped by MIDIF, transport cost free for the buyer except in case of return of goods in a damaged state. In this case the buyer will be asked for full payment of the damages of the returned goods. The new product will only be shipped after receiving the payment.
ARTICLE 6 - AVAILABILITY:
The website www.moteur-diesel-marin-midif.fr indicates the quantity available in stock. In case of inaccuracy or error MIDIF cannot be held responsible.
MIDIF will strive to meet the buyer's demands. However, MIDIF will not be obliged to accept all the orders and will not be able to be held responsible by the non temporary or permanent availability of products (especially in case of cessation of production of a product).
In case of unavailability of the ordered product, MIDIF will inform the Buyer as soon as possible.
In case of unavailability or impossibility to deliver the buyer, MIDIF will refund any amount paid no later than 15 days from the date when the payment was made by the buyer and validated by the financial institution.
ARTICLE 7 - WITHDRAWAL:
The system of payment of the 100% of the order carried out on line or the other means proposed on the site www.moteur-diesel-marin-midif.fr constitutes a firm and definitive purchase.
Because of their nature, diesel engines cannot be installed without many manipulations (welding, piping, etc ...) and cannot operate without greasing, without diesel, and without a flow of raw water for cooling (charged water, sea water). The internal greasing galleries, fuel system, water circuit cannot be disassembled and repackaged, and so get a perfect cleaning to ensure safety for a new buyer, the engines and the generating sets are therefore excluded from Hamon law concerning the withdrawal
- by exception N ° 4 : product likely to deteriorate
- by exception N ° 5 : no absolute security in reuse for a new purchaser,
- by exception N ° 6 : product automatically associated for its operation with other products with corroding power (hydraulic oil base, engine oil, gas oil, raw water, salt).
Likewise their electrical equipment in case of use, battery connection error can be irreparably damaged (the electrical energy being defined as a fluid, tensioning).
ARTICLE 8 - SECURE PAYMENT FOR RESERVATION:
Our secure system is the LCL SHERLOCK'S system. The payment process for the payment is as follows:
1. The buyer fills his shopping cart on the MIDIF website.
2. The MIDIF site uses the API to display accepted cards.
3. By clicking on one of the proposed cards, the buyer connects to the payment server SHERLOCK'S which displays the card entry form.
4 and 5. The SHERLOCK'S server transfers the buyer's card details to the Visa or Mastercard network, which contacts the issuing bank, which determines whether the holder is registered or not 3D Secure (and therefore has a authentication method).
6 and 7. If the holder is actually registered (or "enlisted"), SHERLOCK'S puts the holder in contact with the issuing bank (6). This displays a form for entering the password. SHERLOCK'S is recipient (7) of the result of the verification of the password by the bank, via the post of the user.
If the holder is not registered, it goes directly to point 8.
8 and 9. The transaction takes the traditional circuit and is sent for authorization request to the merchant's bank. After receiving the authorization response, SHERLOCK'S sends the response of the authorization request to the MIDIF server (9) and displays a receipt on the user's screen.
10. From this ticket, the user can click on a button to return to the merchant server, which receives all the information about the transaction (identical to 9).
It is possible for the buyer who does not want to use payment by secure system, to contact MIDIF Tel 04 67 74 26 96 or Fax 04 67 74 01 34 for proceeding to the booking by paying 10% by check or bank transfer.
MIDIF, in the process of online payment, is held only by an obligation of means; MIDIF cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, break of the service, or other involuntary problems.
ARTICLE 9 - GUARANTEE:
The delivered engines and generator sets are guaranteed 2 years from the invoice for individuals, 1 year for professionals.
The date of final invoice is the date of departure of the warranty.
The costs of sending of the defective part(s) are upon of the buyer.
The shipping costs of the new part(s) are upon MIDIF.
In all cases :
Our warranty is limited to the exchange of the supplied parts and recognized as defective by our after-sales service, at our convenience and without obligation of delay, of participation in the costs of immobilization, crane, towing, guarding, disassembly and reassembly of the engine in the boat.
In general, our warranty excludes any consequential or non-consequential bodily or physically injuries, material or immaterial damage and is strictly limited to the supply of defective parts.
Any intervention of our after-sales service that does not fall under the guarantee will be charged.
In addition, for the validity of the guarantee, the below mentioned conditions must be respected :
1 °) The engine must be correctly installed in the rules of the art either by the customer if it possesses the required capacities or by all professionals (shipyards, workshop of naval mechanics). A lineage report must be provided to MIDIF as soon as it is in place.
.2 °) All peripheral parts and accessories of the motor must be cleaned or replaced if necessary at the time of installation so as not to cause any damage to the motor.
4 °) A commissioning report must be sent to MIDIF showing all the operating parameters when empty and in load.
5) Engine maintenance must be carried out according to owner's manual delivered with the engine.
1 °) In case of a damage (return to the port) please inform immediately MIDIF, so that a an after-sale-service number is given to you . No claim will be accepted without a MIDIF authorization number. No claim will be accepted if the engine is disassembled pursuant to the damage and this even very partially without our authorization pursuant to the damage. Similarly, no claim will be accepted if a modification is made to some elements of the propulsion system of the boat between the damage and the visit of an expert, an agent, a technician designated or delegated by MIDIF.
2 °) Confirm to MIDIF registered letter with acknowledgment of receipt within 8 days maximum following the event the invoice number and the authorization number in order to receive our instructions.
3 °) MIDIF reserves the right to refuse any claim if it happens that the parts returned to MIDIF or that the engine are considered not defective or if the damages on the engine are the consequence of a bad installation, a bad use or a mounting fault.
Warranty cancellation cases :
1) Use of spare parts that are not genuine
2) Bad installation.
3) Engine that seized up by lack of oil or abnormal overheating (coolant level failure).
4) Change of owner of the boat without prior information from MIDIF.
5) Engine disassembled without our agreement (even partially) including oil and diesel filters, including emptying existing fluids in the engine or in the tanks at the time of the incident.
6) Presence of water or salt on the electric parts of the engine
7) Damage resulting from a malfunction of the peripheral organs.
8) Damaged ship.
Very important obligation of the buyer
For the good validity of the guarantee, the buyer undertakes to respect the conditions of use and periodicity of maintenance, to respect the safety rules for the use of engines and generators as well as the regulations in force, to respect scrupulously the owner's manual delivered with the engine.
ARTICLE 10 - CASE OF FORCE MAJEURE:
None of both parties will have failed in its contractual obligations in case that their execution will be delayed, hindered or prevented by a fortuitous event of force majeure. Will be considered as a case of force majeure any fact or circumstance that is irresistible, outside the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten business days of the date on which it becomes aware.
The two parties will then come into contact with each other, within three months, except impossibility due to force majeure, to examine the impact of the event and agree about the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than a duration of one month, these terms and conditions may be terminated by the injured party.
Expressly, are regarded as case of force majeure or fortuitous cases, besides those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightnings, shutdown of telecommunication networks or difficulties specific to external telecommunication networks to customers.
ARTICLE 11 - COMPUTERS AND FREEDOM
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In the event of disputes or litigation as a buyer or seller, the Commercial Court of Sète will have sole jurisdiction, even in case of appeal of guarantee or plurality of defenders.