Order an engine

Consumer T&Cs

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by MOTEUR LIVRÉ SAS, a simplified joint-stock company registered with the STRASBOURG Trade and Companies Register under number 843 955 972, with a capital of €5,000.00, activity code 4531Z, with its head office located at 1, rue des Soeurs – 67400 ILLKIRCH – GRAFFENSTADEN, and registered with the PARIS Trade and Companies Register under SIRET number 843 955 972 00016, with a capital of €5,000.00, activity code 4531Z, and its secondary establishment located at 10, rue de Penthièvre – 75008 PARIS (“the Seller”) to consumers and non-professional buyers (“The Clients” or “the Client”) wishing to purchase the products offered for sale by the Seller (“The Products”) on the website www.moteurlivre.fr.

They specifically outline the conditions for ordering, payment, delivery, and handling of any returns of Products ordered by the Clients.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions.

They are available at any time on the website www.moteurlivre.fr and shall prevail, if applicable, over any other version or conflicting document.

These General Terms and Conditions of Sale may be subject to future modifications. The version applicable to the Client’s purchase is the one in effect on the website at the time the order is placed.

ARTICLE 2 – PRODUCTS OFFERED FOR SALE

The Products offered for sale via the website www.moteurlivre.fr are as follows:

engines of motor vehicles, new or used, provided that the bare engine includes the following:
has. The parts forming the cylinder head: cylinder head and gasket, camshaft, valve lifter, valve (intake and exhaust), valve spring, cylinder head gasket, bearings linked to the internal parts of the cylinder head, rocker rod, rocker cover, camshaft bearing cap, valve guide,
b. The parts that make up the engine block: crankshaft, connecting rod bearings, connecting rods, pistons and pins, ring, engine block (cylinder liners in good condition, not scratched), oil pan.

Parts available for sale and guaranteed only if the mechanic in charge of the assembly tests them before the engine is installed in the customer’s vehicle:

– Injectors
– The turbocharger (only for engines that are equipped with it: naturally aspirated engines are not equipped with this part)
– The injection pump

It is the customer’s responsibility to ask his mechanic in charge of mounting the engine in the vehicle to test the accessories mentioned above and at his own expense.

If the garage deems one of the aforementioned accessories to be defective before installation (i.e. before installation in the customer’s vehicle), MOTEUR LIVRÉ SAS undertakes to exchange the part(s) deemed defective by one or more second-hand parts.

If the mechanic decides to install a part mentioned above without testing it or that he deems to be defective, no assembly/disassembly costs or damage can be claimed from MOTEUR LIVRÉ SAS.

Any other parts or accessories not listed above (which are therefore not listed on the order form signed by the customer, such as: the starter, alternator, intake manifold or exhaust manifold or air conditioning compressor) that may be delivered with the engine are considered to be left free of charge (i.e. free of charge) by the seller and are therefore non-guaranteed parts.

The contractual information is presented in French and is confirmed no later than at the time of the Client’s order confirmation.

The Products presented on the website www.moteurlivre.fr are offered for sale within mainland France.

 

ARTICLE 3 – VALIDITY PERIOD OF THE PRODUCT OFFER

Product offers are subject to stock availability, as specified at the time of order placement.

 

ARTICLE 4 – SELLER’S CONTACT DETAILS

The Seller’s contact details are as follows:

MOTEUR LIVRÉ SAS
Head Office
RCS of STRASBOURG under number 843 955 972
SIRET: 843 955 972 00024
Activity Code 4531Z
Capital: €5,000.00
1, rue des Soeurs
67400 ILLKIRCH – GRAFFENSTADEN
www.moteurlivre.fr
Tel. 01 82 28 11 86
Email: [email protected]

AND

MOTEUR LIVRÉ SAS
Secondary Establishment
RCS of PARIS under SIRET number 843 955 972 00016
Activity Code 4531Z
Capital: €5,000.00
10, rue de Penthièvre
75008 PARIS
www.moteurlivre.fr
Tel. 01 82 28 11 86
Email: [email protected]

 

ARTICLE 5 – ORDERS

5-1. Placing the Order
It is the Client’s responsibility to select on the website www.moteurlivre.fr the Products they wish to order, according to the following terms:

a. Account Creation: At this stage, the customer must provide the requested personal information (name, first name, date of birth, email address, billing and delivery addresses).
b. By making a request after entering the engine code, the customer will receive a quote if the item is in stock. This quote will include details of the available item, such as mileage, engine displacement, engine code, power, and fuel type. The quote is valid for one month from its date of issuance; within this period, the order will be confirmed upon receipt of the accepted and signed quote along with the payment specified in Article 7. After this period, the seller is no longer obligated but reserves the right to either maintain the initial offer or present a new proposal.
c. Acceptance of the quote implies the customer’s agreement to any specific clauses regarding execution times as well as these General Terms and Conditions of Sale.

If the customer’s acceptance and payment are not received, or if the one-month period expires, the quote is considered canceled. The delivery times for the ordered engine are only binding on the seller under the following conditions: compliance by the customer with payment terms and no force majeure as defined in Article 15. Delivery times for the ordered engine will start from the date SAS MOTEUR LIVRÉ receives payment for the order.

5-2. Order Modification
Once confirmed and accepted by the Seller under the conditions described above, the order cannot be modified.

 

ARTICLE 6 – PRICES

The essential characteristics of the goods sold are available on the website www.moteurlivre.fr, with the understanding that the mileage of the engines sold is provided for informational purposes only and may vary by 10 to 15% from that displayed on the website.

The prices of the goods are detailed in the quote and indicated by item and reference. The prices stated in the quotes are fixed within the one-month validity period of the quote, except in cases of force majeure as defined in Article 15.

Prices are expressed in euros and are stated inclusive of all taxes and delivery. Delivery costs vary depending on the recipient’s address and are specified in each quote.

At the time of order confirmation, the price to be paid is the all-inclusive price. Any increase in VAT or any new tax imposed between the time of the order and delivery will be borne by the customer.

If the Client requests a faster or more expensive shipping method than the standard shipping, the additional delivery costs, as shown at the time of order confirmation, will be fully borne by the Client.

The amount requested from the Client corresponds to the total purchase price, including these additional costs.

 

ARTICLE 7 – PAYMENT TERMS

The price is payable in full on the day the Client places the order, via secure payment, according to the following methods:

by credit card: only Visa or MasterCard,
by bank transfer,

Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In such cases, the Client may request the cancellation of the payment and the refund of the corresponding amounts.

Payment data is transmitted via the secure server of Banque Populaire available on the website www.moteurlivre.fr.

 

ARTICLE 8 – DELIVERIES

The products ordered by the Client will be delivered in mainland France within 30 days from payment to the address provided by the Client during account creation on the website www.moteurlivre.fr.

Delivery is defined as the transfer to the Client of physical possession or control of the Product.

Unless otherwise specified or in the case of unavailability of one or more products, the ordered products will be delivered all at once.

The Seller agrees to make their best efforts to deliver the products ordered by the Client within the specified timeframes. However, these deadlines are provided as an indication only. If the ordered products have not been delivered within 15 days after the indicative delivery date, for reasons other than force majeure or the Client’s fault, the sale may be canceled at the Client’s written request under the conditions specified in Articles L 216-2, L 216-3, and L 241-4 of the French Consumer Code.

The amounts paid by the Client will then be refunded within fourteen days following the date of contract termination, excluding any compensation or withholding.

In the event of a non-conforming Product, the Seller agrees to remedy the situation or refund the Client, as specified in the section “Seller’s Liability – Warranty.”
The Seller assumes the transportation risks and is required to reimburse the Client in the event of damage caused during transportation.

Deliveries are handled by an independent carrier to the address provided by the Client during account creation, which must be easily accessible to the carrier.

When the Client arranges for a carrier of their choice, delivery is considered complete as soon as the Seller hands over the ordered Products to the carrier, provided the carrier accepts the Products without reservation.

The Client acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Seller for any delivery failure of the transported goods.

In the event of a specific request from the Client regarding the packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to additional billing based on a quote previously accepted in writing by the Client.

 

ARTICLE 9 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

The transfer of ownership of the Seller’s Products to the Client will occur only after full payment of the price by the Client, regardless of the delivery date of the Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risks related to loss and damage will occur only when the Client physically takes possession of the Products. Thus, the Products travel at the Seller’s risk.

 

ARTICLE 10 – RIGHT OF WITHDRAWAL

In accordance with applicable legal provisions, the Client has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without needing to provide reasons or pay penalties, for an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days at most following the notification to the Seller of the Client’s decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, manual, etc.) to allow for their resale, and must include the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted.

The right of withdrawal can be exercised using the withdrawal form attached hereto, or by any other clear statement expressing the intention to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Products and delivery charges will be refunded; return shipping costs remain the responsibility of the Client.

The refund will be made within 14 days from the notification to the Seller of the decision to withdraw.

 

ARTICLE 11 – RESPONSIBILITY OF THE SELLER – WARRANTY

The Products provided by the Seller benefit, as a matter of right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order,

the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,

all under the conditions and terms set forth in the box below and defined in the annex to these General Terms and Conditions of Sale (Conformity Warranty / Hidden Defects Warranty).

It is recalled that within the framework of the legal guarantee of conformity, the Client has a period of two years from the delivery of the goods to take action against the Seller; may choose between the repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; is exempted from providing proof of the existence of the product’s lack of conformity during the twenty-four months following the delivery of the Product.

The legal warranty of conformity applies independently of the commercial warranty that may cover the Product. The Client may decide to implement the warranty against hidden Product defects in accordance with Article 1641 of the Civil Code; in this case, he can choose between rescission of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.

To assert their rights, the Client must notify the Vendor in writing of the non-conformity of the Products within a maximum of 10 days from the delivery of the Products or from the discovery of hidden defects within the aforementioned deadlines, and return the defective Products in the condition in which they were received, along with all elements (accessories, packaging, instructions, etc.).

The Seller will acknowledge receipt of the request within 3 days of the complaint.
Within 14 days of the Seller’s agreement for the return following a non-conformity, the Buyer must return the Product(s) or parts in the condition in which they were received (accessories, packaging, instructions, etc.).

From then on, the chronology is as follows:

  • Finding of a non-conformity or defect in the Product: the Buyer has 10 days to provide evidence and report it to the seller, by email
  • Acknowledgement of receipt by the Seller of the complaint within 3 days
  • From the acknowledgement of receipt and the Seller’s agreement: 14 days to return all the equipment.

After these periods, the Seller will be released from the legal warranty or any commercial warranty concluded.
In the event of a compliant return within the above-mentioned deadlines, the Seller will reimburse, replace or repair the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the invoiced rate, and return costs will be reimbursed upon presentation of receipts.

Refunds for products deemed non-compliant or defective will be processed as quickly as possible and no later than 14 days following the Seller’s acknowledgment of the defect or hidden fault.

Refunds will be credited to the Client’s bank account.
The Seller’s liability cannot be engaged in the following cases:
– Non-compliance with the legislation of the country where the products are delivered, which is the Client’s responsibility to verify,
– Improper use, use for professional purposes, negligence, or lack of maintenance by the Client, as well as normal wear and tear of the Product, accidents, or force majeure.

The Seller’s warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.

The Seller is never responsible for the installation of the delivered engines.

Once the delivery of the engine and its accessories has been completed, the Client must follow the procedure described below and have the installation carried out by a professional, within 8 days from the date of delivery.

It is the Client’s responsibility to ensure the following installation procedure is followed:

a. Before installing the engine on the vehicle, the Client must:
– Control the circuits: water, oil, air, fuel
– Check the rocker arms and adjust them if necessary
– Check the condition of the camshaft(s)
– Check the oil pump and its drive and replace defective parts if necessary
– Turn the engine with a wrench to check if there is no hooking point
– Replace certain accessories with new ones, in particular: oil, air and fuel filters, spark plugs or glow plugs, timing kit (belt, rollers and water pump) or timing chain and pads, belts (alternator, water pump), products (coolant, oil)
– Wedge the distribution with the manufacturer’s brand equipment provided for this purpose.
– Check the correct timing of the sprockets in the case of an engine with a cascade of pinion distribution.
– Replace the injector seals.
– Check for any anomalies in the gaskets (including head gasket) and report them to ENGINE DELIVERED within one month of engine purchase.
– Check the good condition of the parts on the engine and left free of charge by ENGINE DELIVERED.
b. After the engine is fitted to the motor vehicle, the customer must:
– Check the operation of the oil pressure and water temperature indicators on the dashboard.
– Fine-tune the igniter, carburetor and feed with the manufacturer’s data.
– Enter the injector codes in the injection computer using a suitable diagnostic tool.
– Before starting, run the engine for a few moments with the spool wire disconnected or the injection pump not powered in order to prime the oil pump.
– Any assembly of an engine involves a reset of the electronic part of the vehicle at the manufacturer with the official equipment of the brand.

It is specified that used products come with a 3-month commercial warranty from the date of delivery.

To benefit from these provisions, the Client must notify the Seller in writing within 14 days from the installation of the engine and must provide the purchase invoices of both the engine and the installation by a certified Professional. The warranty will not apply in the event of improper installation or non-compliance with the instructions of these General Terms and Conditions of Sale, the vehicle manufacturer’s instructions, or the use of accessories not recommended by the manufacturer.

The warranty does not apply in the event of abnormal or abusive use of the installed engine, including for any type of motor racing (rally, track, off-road, etc.).

The warranty also does not apply in the event of failure to maintain the vehicle according to the manufacturer’s standards, including the recommended lubrication methods and lubricants.

IT IS FORBIDDEN TO OPEN THE ENGINE (REMOVE THE CYLINDER HEAD) WITHOUT PRIOR AUTHORIZATION DELIVERED BY MOTEUR LIVRÉ COMPANY. OUR MARKINGS MADE WITH PAINT PROVE THAT THE ENGINE IS STILL SEALED OR NOT SEALED IN THE EVENT OF A DISPUTE. THE WARRANTY WILL NOT BE DUE IN CASE OF OPENING THE ENGINE WITHOUT PRIOR WRITTEN AUTHORIZATION DELIVERED BY MOTEUR LIVRÉ COMPANY.

When the warranty is applied, SAS MOTEUR LIVRÉ will offer either a replacement of the defective engine or a refund.

In the event that MOTEUR LIVRÉ is unable to find another replacement engine, it will reimburse the purchase price of the engine, excluding labour costs incurred by the Client and which will remain at its expense. In the event of a return of the engine, the transport costs are the responsibility of the customer.

 

ARTICLE 12 – DATA PROTECTION

In accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is necessary for processing their order and issuing invoices, among other purposes.

This data may be communicated to the Seller’s potential partners responsible for executing, processing, managing, and paying for orders. The processing of information provided through the website www.moteurlivre.fr complies with legal requirements for personal data protection, and the information system used ensures optimal protection of this data.

The Client has, in accordance with applicable national and European regulations, a right of permanent access, modification, rectification, opposition, portability, and limitation of processing concerning their personal information.

This right can be exercised either by postal mail to SAS MOTEUR LIVRÉ – 10, rue de Penthièvre, 75008 PARIS, or by email to [email protected].

 

ARTICLE 13 – INTELLECTUAL PROPERTY

The content of the website www.moteurlivre.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

 

ARTICLE 14 – UNFORESEEABILITY

In the event of unforeseeable changes in circumstances at the time of the contract’s conclusion, in accordance with the provisions of Article 1195 of the Civil Code, the party who has not agreed to assume an excessively onerous performance risk may request a renegotiation of the contract with the other party.

 

ARTICLE 15 – FORCE MAJEURE

The Parties shall not be held responsible if non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined by Article 1218 of the French Civil Code.

 

ARTICLE 16 – APPLICABLE LAW – LANGUAGE

The present General Terms and Conditions of Sale and the transactions resulting from them are governed by French law.

They are written in French. In the event of translation into one or more other languages, only the French text shall prevail in case of dispute.

 

ARTICLE 17 – LITIGES

All disputes arising from the purchase and sale operations carried out under these general terms and conditions, concerning their validity, interpretation, execution, termination, consequences, and follow-up, which could not be resolved between the seller and the client, shall be submitted to the competent courts under common law conditions.

The Client is informed that they may, in any case, resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1), or any alternative dispute resolution method (such as conciliation) in the event of a dispute.

 

ARTICLE 18 – PRE-CONTRACTUAL INFORMATION – CLIENT’S ACCEPTANCE

By ordering through the website www.moteurlivre.fr and signing the order form subsequently issued by SAS MOTEUR LIVRÉ, a person (natural or legal) fully and unconditionally agrees to the present General Terms and Conditions of Sale and is obligated to pay for the ordered Products. This is expressly acknowledged by the Client, who waives, in particular, the right to invoke any contradictory documents that would be unenforceable against the Seller.

 

ANNEX I – PROVISIONS RELATING TO LEGAL WARRANTIES

– Article L217-4 of the Consumer Code:
The seller is required to deliver goods that are compliant with the contract and is responsible for any defects in conformity present at the time of delivery. The seller is also responsible for defects in conformity resulting from the packaging, assembly instructions, or installation if these were provided by the seller or were carried out under their responsibility.

– Article L217-5 of the Consumer Code:
To be in conformity with the contract, the goods must:

be fit for the use usually expected of a similar good and, if applicable:
correspond to the description given by the seller and possess the qualities which the latter has presented to the buyer in the form of a sample or model, present the qualities which a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling, or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the the buyer, brought to the attention of the seller and that the latter has accepted.

– Article L217-12 of the French Consumer Code:
The action resulting from a lack of conformity is subject to a two-year limitation period from the delivery of the goods.

– Article L217-16 of the French Consumer Code:
When the buyer requests the seller, during the term of the commercial warranty granted at the time of the purchase or repair of a movable good, to repair the item covered by the warranty, any period of immobilization of at least seven days extends the remaining duration of the warranty. This period starts from the request for intervention by the buyer or from the availability of the item for repair, if this availability occurs after the request for intervention.

– Article 1641 of the French Civil Code:
The seller is liable for defects that are hidden in the item sold and that make it unfit for the intended use, or that diminish its usability to such an extent that the buyer would not have purchased it, or would have paid a lower price, if they had been aware of these defects.

– Article 1648, paragraph 1 of the French Civil Code:
The action resulting from hidden defects must be initiated by the buyer within two years from the discovery of the defect.

 

ANNEX II – WITHDRAWAL FORM

This form must be completed and sent only if the Customer wishes to withdraw from the order placed with SAS MOTEUR LIVRÉ, except for any exclusions or limitations on the right of withdrawal as specified in the applicable General Terms and Conditions of Sale.

To:
SAS MOTEUR LIVRÉ
10, rue Penthièvre
75008 PARIS

– Order of “Date”
– Order number: …………………………………………………..
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..
– Customer signature (only if this form is sent by paper):