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 share capital of €5,000.00, Activity Code 4531Z, having its registered office at 91, route des Romains – 67200 STRASBOURG, and also registered with the Paris Trade and Companies Register under SIRET number 843 955 972 00016, with a share capital of €5,000.00, Activity Code 4531Z, at 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 specify, in particular, the conditions for ordering, payment, delivery, and handling of potential returns of Products ordered by Clients.
These General Terms and Conditions of Sale apply to the exclusion of any other conditions.
They are accessible at any time on the website www.moteurlivre.fr and shall prevail, where applicable, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client’s purchase is the one in effect on the website at the date the order is placed.
ARTICLE 2 – PRODUCTS OFFERED FOR SALE
The Products offered for sale through the website www.moteurlivre.fr are as follows:
automotive engines, new or used, it being specified that the bare engine includes the following components:
a. Parts forming the cylinder head: cylinder head and gasket, camshaft, valve lifter, valve (intake and exhaust), valve spring, head gasket, bearings related to internal cylinder head components, pushrod, rocker cover, camshaft bearing cap, valve guide,
b. Parts forming the engine block: crankshaft, connecting rod bearings, connecting rods, pistons and pins, rings, engine block (cylinder liners in good condition, not scratched), oil pan.
Parts available for sale and guaranteed only if the mechanic responsible for installing the engine tests them before fitting the engine into the client’s vehicle:
– Injectors
– Turbocharger (only for engines equipped with one; naturally aspirated engines do not include this part)
– Injection pump
It is the client’s responsibility to request that the mechanic in charge of installing the engine in the vehicle test the aforementioned accessories at their own expense.
If the mechanic deems any of the above-mentioned accessories defective before installation (that is, before fitting them into the client’s vehicle), MOTEUR LIVRÉ SAS undertakes to replace the defective part(s) with other used ones.
If the mechanic decides to install one of the aforementioned parts without testing it, or after deeming it defective, no installation/removal costs or damages may be claimed from MOTEUR LIVRÉ SAS.
Any other parts or accessories not listed above (and therefore not appearing on the order form signed by the client, such as: starter motor, alternator, intake manifold, exhaust manifold, or air conditioning compressor) that may be delivered with the engine are considered to be provided free of charge by the seller and are therefore not covered by any warranty.
The contractual information is presented in French and will be confirmed at the latest at the time of order validation by the Client.
The Products displayed on the website www.moteurlivre.fr are offered for sale within mainland France.
ARTICLE 3 – VALIDITY PERIOD OF THE PRODUCT OFFER
Product offers are valid within the limits of available stock, as specified at the time the order is placed.
ARTICLE 4 – SELLER’S CONTACT DETAILS
The Seller’s contact details are as follows:
MOTEUR LIVRÉ SAS – Registered Office
Registered with the STRASBOURG Trade and Companies Register under No. 843 955 972
SIRET: 843 955 972 00024
Activity Code 4531Z
Share capital: €5,000.00
91, route des Romains – 67200 STRASBOURG
www.moteurlivre.fr
Tel. 01 82 28 11 86
Email: moteurlivre@gmail.com
AND
MOTEUR LIVRÉ SAS – Secondary Establishment
Registered with the PARIS Trade and Companies Register under SIRET No. 843 955 972 00016
Activity Code 4531Z
Share capital: €5,000.00
10, rue de Penthièvre
75008 PARIS
www.moteurlivre.fr
Tel. 01 82 28 11 86
Email: moteurlivre@gmail.com
ARTICLE 5 – ORDERS
5-1. Placing an 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 process:
a. Account creation: at this stage, the client must provide the requested personal information (name, surname, date of birth, email address, billing and delivery postal addresses),
b. By submitting a request after entering their engine code, the client will receive a quote if the item is in stock. This quote will specify the details of the available item, such as mileage, engine capacity, engine code, power, and fuel type. The quote is valid for one month from its issue date; during this period, the order will be confirmed after the return of the accepted and signed quote along with the payment provided for in Article 7. After this period, the seller is no longer bound but reserves the right either to maintain the initial offer or to present a new one,
c. Acceptance of the quote constitutes the client’s agreement to any specific clauses regarding execution times as well as to these General Terms and Conditions of Sale.
If the client’s agreement and payment are not received, or upon expiration of the one-month period, the quote is considered void. The delivery deadlines for the ordered engine are binding on the seller only under the following conditions: compliance by the client with payment terms and absence of force majeure as defined in Article 15. The delivery period for the ordered engine will begin upon receipt by MOTEUR LIVRÉ SAS of 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, it being specified that the mileage of the engines sold is provided for information purposes only and may vary by 10 to 15% compared with that displayed on the website.
The prices of the goods are detailed in the quote and indicated respectively per item and per reference. The prices stated in the quotes are firm within the one-month validity period of the quote, except in the event of force majeure as defined in Article 15.
Prices are expressed in euros and 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 total price payable includes all applicable taxes; any increase in VAT or any new tax imposed between the time of the order and the delivery will be borne by the client.
If the Client requests a faster or more expensive shipping method than standard delivery, the additional delivery costs, as shown at the time of order confirmation by the Client, will be entirely at their expense.
The amount requested from the Client corresponds to the total amount of the purchase, including these fees.
ARTICLE 7 – PAYMENT TERMS
The price is payable in full, on the day the order is placed by the Client, via secure payment, under the following methods:
by bank card: Visa or MasterCard only,
by bank transfer,
Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In such a case, the Client may request cancellation of the payment and reimbursement of the corresponding amounts.
Payment data is exchanged via the secure server of Banque Populaire available on the website www.moteurlivre.fr.
ARTICLE 8 – DELIVERY
The Products ordered by the Client will be delivered within mainland France within 30 days from the date of payment, to the address indicated by the Client when creating their account on the website www.moteurlivre.fr.
Delivery consists of the transfer to the Client of the physical possession or control of the Product.
Unless otherwise specified or in case of unavailability of one or more Products, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make every effort to deliver the Products ordered by the Client within the above-mentioned time limits. However, these deadlines are provided for information only. If the Products ordered have not been delivered within 15 days following the indicative delivery date, for any reason other than force majeure or the Client’s own doing, the sale may be cancelled at the written request of the Client under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code.
The sums paid by the Client will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of non-compliance of the delivered Product, the Seller undertakes to correct it or refund the Client, as provided for in the article “Seller’s Liability – Warranty.”
The Seller bears the transport risks and must reimburse the Client for any damage caused during transport.
Deliveries are carried out by an independent carrier to the address specified by the Client when creating their account and to which the carrier must have easy access.
When the Client has chosen to use a carrier of their own selection, delivery is deemed to have been completed once the Products ordered have been handed over by the Seller to the carrier, provided the carrier has accepted them without reservations.
The Client therefore acknowledges that it is the carrier’s responsibility to make the delivery and that they have no warranty claim against the Seller in the event of non-delivery of the transported goods.
In the case of a specific request by the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoice, based on a quote previously accepted in writing by the Client.
ARTICLE 9 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK
The transfer of ownership of the Seller’s Products to the Client shall only occur after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risk of loss and deterioration related thereto shall take place only when the Client physically takes possession of the Products. The Products therefore 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 from the Seller, without having to justify reasons or pay any penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Client’s decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted.
The right of withdrawal may be exercised using the withdrawal form attached hereto or by any other unambiguous statement expressing the desire to withdraw.
If the right of withdrawal is exercised within the above time limit, only the price of the purchased Product(s) and delivery costs will be refunded; return costs remain the responsibility of the Client.
The refund will be made within 14 days from the notification to the Seller of the withdrawal decision.
ARTICLE 11 – SELLER’S LIABILITY – WARRANTY
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, from the following legal guarantees:
– the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order,
– the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use,
All in accordance with the conditions and methods referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Guarantee / Hidden Defects Guarantee).
It is reminded that, under the legal guarantee of conformity, the Client has a period of two years from the delivery of the goods to act against the Seller; may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code; and is exempt from providing proof of the existence of the lack of conformity during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Client may decide to invoke the guarantee against hidden defects under Article 1641 of the French Civil Code; in this case, they may choose between cancellation of the sale or a reduction in the sale price under Article 1644 of the French Civil Code.
To assert their rights, the Client must inform the Seller in writing of the non-conformity of the Products within a maximum of 10 days from delivery or discovery of hidden defects and return the defective Products in the condition in which they were received with all components (accessories, packaging, instructions, etc.).
The Seller will acknowledge receipt of the request within 3 days following the complaint.
Within 14 days from the Seller’s agreement to 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.).
The timeline is as follows:
- Detection of a non-conformity or defect: the Buyer has 10 days to provide evidence and notify the Seller by email,
- Acknowledgment of receipt by the Seller within 3 days,
- From the acknowledgment and Seller’s agreement: 14 days to return all materials.
After these periods, the Seller will be released from the legal or any potential commercial warranty.
If the return is compliant and made within the indicated deadlines, the Seller will refund, replace, or repair the warranted Products or parts found to be non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of proof.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days after the Seller’s finding of the lack of conformity or hidden defect.
Refunds will be made by credit 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 in which the Products are delivered, which the Client must verify,
– misuse, professional use, negligence, or lack of maintenance by the Client, as well as normal wear and tear, accident, 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 delivered engines.
Once the engine and its accessories are delivered, the Client must comply with the assembly procedure described below and have it installed by a professional within 8 days from the delivery date.
The Client must ensure compliance with the following installation procedure:
a. Before installing the engine in the vehicle, the Client must:
- Check the circuits: water, oil, air, fuel,
- Check and adjust rocker arms if necessary,
- Check the camshaft condition by removing the valve cover (without disassembling the cylinder head),
- Check the oil pump and its drive, replacing defective parts if needed,
- Rotate the engine manually with a wrench to ensure there are no tight spots,
- Replace specific accessories with new ones, including: oil, air, and fuel filters; spark or glow plugs; timing kit (belt, pulleys, and water pump) or chain and tensioners; belts (alternator, water pump); fluids (coolant, oil),
- Time the engine using the manufacturer’s specified equipment,
- Check correct timing of gears for gear-driven engines,
- Replace seals on injectors, crankshaft, oil pan, and engine casing with new ones (use specific silicone sealant). The warranty does not cover seals — they must be replaced with new ones,
- Check for anomalies in other gaskets (including the head gasket) and report them to MOTEUR LIVRÉ within one month of engine purchase,
- Check the condition of parts supplied gratuitously by MOTEUR LIVRÉ (non-warranted parts),
- Special procedure for V6 or V8 Audi, Mercedes, Volkswagen, Jeep, R6 BMW, and 2.2L CDI Mercedes engines: before first start, fill the engine with oil and manually rotate clockwise until oil appears at the turbocharger inlet.
- Any intervention not described above voids the warranty.
b. After installation of the engine in the vehicle, the Client must:
- Check dashboard oil pressure and water temperature indicators,
- Tune the distributor, carburetor, and ignition timing according to manufacturer data,
- Enter injector codes into the ECU using proper diagnostic tools,
- Before startup, crank the engine briefly with the ignition coil disconnected or the injection pump disabled to prime the oil pump,
- Each engine installation requires electronic resetting at the manufacturer using official diagnostic tools. Used products come with a 3-month commercial warranty from the delivery date.
To benefit from these provisions, the Client must notify the Seller in writing within 14 days of installation and include the engine purchase and professional installation invoices. The warranty will be void in the event of improper installation contrary to these General Terms or manufacturer’s instructions, or with equipment other than that recommended by the manufacturer.
The warranty also does not apply in cases of abnormal or abusive use of the engine, including any automotive competition (rally, off-road, etc.).
It also does not apply in cases of poor maintenance of the vehicle contrary to manufacturer standards, especially regarding lubrication methods and products used.
IT IS FORBIDDEN TO OPEN THE ENGINE (REMOVE THE CYLINDER HEAD) WITHOUT PRIOR AUTHORIZATION FROM MOTEUR LIVRÉ SAS. PAINT MARKINGS ALLOW VERIFICATION OF OPENING IN CASE OF DISPUTE. THE WARRANTY WILL BE VOID IF THE ENGINE IS OPENED WITHOUT PRIOR WRITTEN AUTHORIZATION.
When the warranty applies, MOTEUR LIVRÉ SAS will offer either an exchange of the defective engine or a refund.
If MOTEUR LIVRÉ cannot find a replacement engine, it will refund the engine purchase price, excluding labor costs incurred by the Client, which remain their responsibility.
In case of engine return, transport costs are borne by the client.
ARTICLE 12 – PERSONAL 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 personal data requested from the Client are necessary for order processing and invoice issuance, among other things.
This data may be communicated to the Seller’s potential partners responsible for execution, processing, management, and payment of orders. The processing of information transmitted via the website www.moteurlivre.fr complies with legal requirements on personal data protection, with an information system ensuring optimal security.
The Client has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and restriction of processing regarding their personal data.
This right may be exercised either by post at SAS MOTEUR LIVRÉ – 10, rue de Penthièvre, 75008 PARIS, or by email at moteurlivre@gmail.com.
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 laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
ARTICLE 14 – UNFORESEEABILITY
In the event of unforeseeable changes in circumstances at the time of the conclusion of the contract, in accordance with Article 1195 of the French Civil Code, the Party that has not agreed to bear the risk of excessively burdensome performance may request renegotiation of the contract from the other Party.
ARTICLE 15 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations results from a case of force majeure, as defined in Article 1218 of the French Civil Code.
ARTICLE 16 – APPLICABLE LAW – LANGUAGE
These General Terms and Conditions of Sale and the resulting transactions are governed by French law.
They are written in French. In the event they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 17 – DISPUTES
All disputes arising from purchase and sale operations concluded pursuant to these general terms of sale, regarding their validity, interpretation, performance, termination, consequences, or aftermath, and which cannot 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, use conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or any alternative dispute resolution method (such as conciliation) in case of dispute.
ARTICLE 18 – PRE-CONTRACTUAL INFORMATION – CLIENT ACCEPTANCE
The fact that an individual (or legal entity) places an order via the website www.moteurlivre.fr and signs the order form subsequently issued by SAS MOTEUR LIVRÉ constitutes full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products. This is expressly acknowledged by the Client, who waives, in particular, the right to invoke any contradictory document, which shall be unenforceable against the Seller.
APPENDIX I – PROVISIONS RELATING TO LEGAL GUARANTEES
– Article L217-4 of the French Consumer Code:
The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for defects resulting from the packaging, assembly instructions, or installation if it was made their responsibility by the contract or carried out under their responsibility.
– Article L217-5 of the French Consumer Code:
To comply with the contract, the goods must:
Be fit for the usual purpose of similar goods and, if applicable:
correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model, present the qualities a buyer can reasonably expect given public statements made by the seller, producer, or representative, particularly in advertising or labeling, or have the characteristics mutually defined by the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by them.
– Article L217-12 of the French Consumer Code:
The action resulting from the lack of conformity is time-barred two years from delivery of the goods.
– Article L217-16 of the French Consumer Code:
When the buyer requests repair covered by the commercial warranty during its term, any immobilization period of at least seven days adds to the remaining warranty duration. This period runs from the buyer’s request for intervention or the delivery of the item for repair, whichever occurs later.
– Article 1641 of the French Civil Code:
The seller is liable for hidden defects of the sold item that render it unfit for its intended use or that so impair its use that the buyer would not have purchased it, or would have paid a lower price, had they known.
– Article 1648 paragraph 1 of the French Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.
APPENDIX II – WITHDRAWAL FORM
This form must be completed and returned only if the Client wishes to withdraw from the order placed with SAS MOTEUR LIVRÉ, except in cases of exclusions or limitations to the right of withdrawal as per the applicable General Terms and Conditions of Sale.
To the attention of:
SAS MOTEUR LIVRÉ
10, rue Penthièvre 75008 PARIS
– Order dated “Date”
– Order number: …………………………………………………..
– Client’s name: …………………………………………………………………
– Client’s address: ……………………………………………………………..
Client’s signature (only if this form is submitted on paper):