General terms and conditions of sale.
All our prices are in euros excluding tax, in accordance with the prices and possible temporary surcharges established by 3MO, depending on the day of delivery. The prices indicated are valid for 2 weeks, unless otherwise indicated on the quote. Our prices are net, ex-works, unless otherwise specified by us. The prices indicated correspond solely to the services indicated on the order. Any changes or additional services will be automatically invoiced.
In accordance with the article 1195 of the Civil Code (principle of 'imprévision'. Ex: increase in the costs of raw materials and energy linked to a crisis such as COVID-19 or a military conflict), 3MO reserves the right to update PO with new temporary prices taking into account the increases actually observed, and justifiable, and the duration of which is accompanied by a review and/or return to better situation. It cannot be a question of modifying the economic balance of the market in favor of 3MO in a way that was not planned in the initial contract, but on the contrary of restoring this initial balance.
Any modification of an order cannot take place without our agreement. The unavailability of one or more items making up your order can under no circumstances be used as a reason to cancel an order. The signature by the buyer of an order form and its acceptance by our company are definitively binding on the parties to our general terms and conditions. No order will be taken into account without a written confirmation. The order will be automatically validated according to our conditions if no intervention on your part takes place within 48 hours of the sending of the order acknowledgement.
Shipments, even carriage paid, are made at the recipient's own risk. Delivery times are given as an indication and are understood to be as of receipt of the order. No delay in delivery may give rise to penalties, damages or compensation of any kind, or lead to the cancellation of the order. Deliveries made by the buyer are made under the buyer's responsibility. No compensation can be claimed in the event of non-delivery due to force majeure.
RETURN OF GOODS
No goods will be accepted without prior agreement from us giving you a return number. For all spare parts, the return can only concern new parts, in their original condition and packaging within 15 days. In the event of a return due to an error by 3MO Performance, the return will be at our expense and will lead to a refund, exchange or credit note according to the customer's choice. However, in case of an order error on your part, the return will be at your expense and will lead to a restocking fee of 5% of the value of the goods, unless otherwise agreed. Work initiated by the customer at his initiative and without a prior estimate validated by an order from us may not give rise to any subsequent compensation whatsoever.
The balances generated by 3MO Performance will be sent as soon as they become available at our company's risk and expense. The balances desired by 3MO Performance's clients will be sent upon written request at the expense of the applicant.
There are no discounts at 3MO Performance. Except with our express authorisation and/or contrary use in the profession, our invoices are payable in full at 30 days end of month on the 15th or 60 H net according to the LME law. For any payment deferred without our agreement, increased late payment penalties will be payable without any reminder being necessary. The minimum penalty is fixed by law at three times the legal rate. In addition, the additional penalty will be equal to the ECB refinancing rate plus 10 points. In the event of recovery by our legal department or by legal proceedings, the costs incurred will be borne by the customer. No grounds for dispute can justify non-payment of the goods. The seller may nevertheless suspend all current orders. In addition, any unpaid order will oblige its author to bear, in addition to the bank charges incurred by 3MO Performance, a specific penalty will be invoiced in view of the prejudice. In case of late payment, 3MO Performance reserves the right to suspend all work and/or shipment of goods for orders in progress.
Any dispute relating to the formation, conclusion, interpretation or execution of the contract concluded between the parties will, in the absence of an amicable settlement, be submitted exclusively to the jurisdiction of the courts of Laval. RESERVATION OF OWNERSHIP (ART. L.624-16 OF THE COMMERCIAL CODE). The seller retains ownership of the goods delivered until full payment of all supplies due at the end of the order. In order to claim the benefit of this clause, the seller will simply have to make known his formal wish to have the goods returned by a simple registered letter with acknowledgement of receipt sent to the buyer or to the legal representative. It is nevertheless expressly stated that, except in the case of application of the guarantee clause provided for, the buyer will be responsible for the goods deposited in his hands as soon as they are physically handed over, the transfer of possession entailing the transfer of risks. The buyer must therefore take all measures and, if necessary, take out all insurance to compensate for the loss or deterioration of the goods.
A tool is guaranteed 12 months by default unless otherwise specified by us. Any other product intended for motorsport will not benefit from any guarantee as is customary in the industry. If our liability is retained following the non-execution or poor execution of our contract, the total compensation shall not exceed an amount equal to the price of the goods causing the damage.
Should one of these conditions be null and void or be cancelled, the other clauses will not be cancelled and will continue to apply.
The buyer is obliged to check the goods at the time of delivery and must mention on the delivery note any reservations he intends to make regarding the condition of the goods received (conformity with the order, manufacturing defect, etc.). Except in the case of hidden defects or exceptional agreement on our part, no complaint will be accepted if it does not appear on the delivery note.
CREDIT - RIGHT OF RETRACTION
In accordance with the provisions of articles L. 121-21 and following of the French Consumer Code, you have a period of fourteen calendar days from receipt of the last product in your order to exercise your right of withdrawal without having to justify your reasons or pay any penalties, except for the cost of return, which remains at your expense. The transport of the products thus returned is your responsibility; any damage suffered by the products on this occasion being of such a nature, as recalled below, as to prevent you from exercising your right of retraction.