GENERAL TERMS AND CONDITIONS

General Terms and Conditions of Sale

ARTICLE 1 – SCOPE OF APPLICATION

In accordance with article L 441-1 of the French Commercial Code, these general terms and conditions of sale constitute the sole basis of the commercial relationship between the parties.

The purpose of these terms and conditions is to define the conditions under which MOTEUR LIVRÉ SAS, a Société par Actions Simplifiée (simplified joint stock company) registered with the STRASBOURG Trade and Companies Register under no. 843 955 972, with a share capital of €5,000.00, Activity Code 4531Z, head office located at 1, rue des Soeurs – 67400 ILLKIRCH – GRAFFENSTADEN, and with the PARIS Trade and Companies Register under no. SIRET 843 955 972 00016, with a share capital of €5. 000,00 €, Code Activité 4531Z, with a secondary establishment located at 10, rue de Penthièvre – 75008 PARIS (“The Supplier”) supplies to professional Buyers (“The Buyers or the Buyer”) who request it, via the Supplier’s website, by direct contact or via a paper medium, the following products

moteurs de véhicule automobile, neufs ou d’occasions, étant précisé que le moteur automobile nu comprend les éléments suivants :
a. Les pièces formant la culasse : culasse et joint, arbre à cames, poussoir de soupape, soupape (admission et échappement), ressort de soupape, joint de culasse, roulements liés aux organes internes de la culasse, tige de culbuteur, cache culbuteur, chapeau de pallier d’arbre à cames, guide de soupape,
b. Les pièces formant le bloc moteur : vilebrequin, coussinets de bielle, bielles, pistons et axes, segment, bloc moteur (chemises des cylindres en bon état, non rayées), carter d’huile, (« Les Produits »).

Parts available for sale and guaranteed subject to further testing by the Buyer:

Parts available for sale and guaranteed subject to further testing by the Purchaser: Injectors (injectors are not tested by MOTOR DELIVERED) ;
Turbo (turbos are only tested for seizure on the shaft and for play or minor play on the shaft; geometry is not tested).
Injection pump (injection pumps are not tested).

It is the Buyer’s responsibility to test the above-mentioned accessories at his own expense. If the Buyer considers any of the above-mentioned accessories to be defective at the time of delivery and before installation on the motor, MOTEUR LIVRÉ undertakes to replace the defective part(s) with a used one.

If the Buyer decides to install a defective part quoted above supplied by MOTEUR LIVRÉ, no expenses of assembly/disassembly nor damage could be claimed to MOTEUR LIVRÉ.

All other parts or accessories not listed above, which are delivered with the motor ordered by the customer, are considered to be left free of charge by the seller to the professional customer to improve the speed of assembly and delivery of the motor, and therefore constitute non-warranted parts.

They apply without restriction or reservation to all sales made by the Supplier to Purchasers of the same category, regardless of any clauses that may appear in the Purchaser’s documents, and in particular its general terms and conditions of purchase.

In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Buyer who requests them, to enable him to place an order with the Supplier.

They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement as referred to in articles L 441-3 et seq. of the French Commercial Code, within the legal deadlines.

All orders for Products imply the Buyer’s acceptance of these General Terms and Conditions of Sale and of the general terms and conditions of use of the Supplier’s website for electronic orders.

The information contained in the Supplier’s catalogs, prospectuses and price lists is given for information only and may be revised at any time. The Supplier is entitled to make any changes it deems necessary.

ARTICLE 2 – ORDERS – PRICES

2-1.
Les ventes ne sont parfaites qu’après acceptation expresse et par écrit de la commande de l’Acheteur, par le Fournisseur, qui s’assurera notamment, de la disponibilité des produits demandés.
La commande sera matérialisée selon le processus suivant :

it is the Buyer’s responsibility to log on to www.moteurlivre.fr and proceed as follows:
a. Account creation: at this stage, the Buyer must enter the personal information requested (surname, first name, date of birth, e-mail address, billing and delivery address),
b. By making a request after entering the motor code, the Buyer will obtain a quotation if the item is in stock. This quotation will give details of the item available, such as mileage, cubic capacity, engine code, power and energy. The quotation is valid for one month from the date of issue; during this period, the order will be validated upon return of the accepted and signed quotation accompanied by the payment specified in article 3. Beyond this period, the Supplier is no longer bound, but reserves the right to either
maintain its initial offer, or submit another proposal,
c. Acceptance of the quotation implies the Buyer’s agreement to any special clauses concerning lead times, as well as to these GCS.

Orders must be confirmed in writing, by means of an order form duly signed and stamped by the Buyer.
Acceptance of the order is confirmed by e-mail.
The data recorded in the Supplier’s computer system constitutes proof of all transactions concluded with the Buyer.

2-2.
Les éventuelles modifications demandées par l’Acheteur ne pourront être prises en compte, dans la limite des possibilités du Fournisseur et à sa seule discrétion, que si elles sont notifiées par écrit 15 jours au moins avant la date prévue pour la livraison des Produits commandés, après signature par l’Acheteur d’un bon de commande spécifique et ajustement éventuel du prix.
In the event of cancellation of the order by the Purchaser after its acceptance by the Supplier less than 10 days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than force majeure, a sum corresponding to 2% of the total price excluding VAT of the Services shall be retained by the Supplier and invoiced to the Customer, by way of damages, in compensation for the loss thus suffered.

2-3.
Les produits sont fournis aux tarifs du Fournisseur en vigueur au jour de la passation de la commande, et, le cas échéant, dans la proposition commerciale spécifique adressée à l’Acquéreur.
Ces tarifs sont fermes et non révisables pendant leur période de validité, telle qu’indiquée au Fournisseur.
Ces prix sont nets et H.T., emballage et transport compris.
Des conditions tarifaires particulières peuvent être pratiquées en fonction des spécificités demandées par l’Acheteur concernant, notamment, les modalités et délais de livraison, ou les délais et conditions de règlement.
Une offre commerciale particulière sera alors adressée à l’Acheteur par le Fournisseur.

ARTICLE 3 – TERMS OF PAYMENT

The price is payable in full on the day the order is placed:

by Visa or MasterCard,
by bank transfer,

The Supplier reserves the right to repossess the products sold until full payment has been received from the Buyer.
However, the risk of loss and deterioration shall pass to the Purchaser upon delivery of the products ordered.

ARTICLE 4 – DELIVERIES

ARTICLE 4 – DELIVERYProducts purchased by the Purchaser will be delivered within a maximum of 30 days from receipt by the Supplier of the corresponding order form, duly signed and accompanied by payment due in cash.

This period does not constitute a strict deadline, and the Supplier may not be held liable to the Purchaser for any delay in delivery not exceeding 15 days.

In the event of a delay of more than 15 days, the Buyer may request the cancellation of the sale.

The Supplier may not be held liable in the event of delay or suspension of delivery attributable to the Purchaser or in the event of force majeure.

Delivery will be made to the address declared by the Purchaser at the time of the order and via a shipper or carrier, with products travelling at the Purchaser’s risk.

The Purchaser is obliged to check the apparent condition of the Products on delivery. In the absence of reservations expressly made by the Purchaser at the time of delivery, the Products delivered by the Supplier shall be deemed to conform in quantity and quality to the order.

The Purchaser shall have a period of 10 days from the date of delivery and receipt of the products ordered to express such reservations in writing to the Supplier.
No claim will be validly accepted if the Buyer fails to comply with these formalities.

The Supplier shall replace, as soon as possible and at its own expense, any delivered Products whose lack of conformity has been duly proven by the Purchaser.

The Supplier is never responsible for the assembly of the motors delivered.

Once the motor and its accessories have been delivered, the Purchaser must follow the assembly procedure described below, and have them professionally assembled within 8 days of delivery.

It is the Buyer’s responsibility to ensure compliance with the following assembly procedure:

a. before mounting the engine on the vehicle, the Buyer must :
Check circuits: water, oil, air, fuel
Check the rocker arms and adjust if necessary
Check condition of camshaft(s)
Check oil pump and drive and replace any defective parts
Turn the engine with a wrench to check for sticking points
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).
Shim the timing system using the manufacturer’s equipment.
Check correct timing of pinions on engines with cascade timing.
Replace injector seals.
Check all gaskets (including cylinder head gaskets) for defects and report them to MOTEUR LIVRÉ within one month of purchase.
Check the condition of all parts supplied free of charge by MOTEUR LIVRÉ.
b. After mounting the engine on the vehicle, the Purchaser must :
Check the operation of the oil pressure and water temperature indicators on the dashboard.
Tune up the igniter, carburetor and advance using the manufacturer’s data.
Set the injector codes in the injection ECU using a suitable diagnostic tool.
Before starting up, run the engine for a few moments with the coil wire disconnected or the injection pump de-energized, in order to prime the oil pump.
Any engine assembly requires a reset of the vehicle’s electronic system at the manufacturer’s facility using the official brand equipment.

ARTICLE 5 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

5-1.
Transfert de propriété
Le transfert de propriété des Produits, au profit de l’Acheteur, ne sera réalisé qu’après complet paiement du prix par ce dernier, et ce quelle que soit la date de livraison desdits Produits.

5-2.
Transfert des risques
Le transfert à l’Acheteur des risques de perte et de détérioration des produits sera réalisé dès livraison et réception desdits produits, indépendamment du transfert de propriété, et ce quelle que soit la date de la commande et du paiement de celle-ci.

The Buyer acknowledges that it is the carrier’s responsibility to make the delivery, with the Supplier deemed to have fulfilled its delivery obligation once the ordered products have been handed over to the carrier who has accepted them without reservation.

The Buyer therefore has no warranty claim against the Supplier in the event of a delivery defect of the ordered Products or any damage occurring during transport or unloading.

ARTICLE 6 – SUPPLIER’S LIABILITY – WARRANTY

The products delivered by the Supplier are covered by a contractual warranty of 3 months from the date of delivery, covering non-compliance with the order and any hidden defects due to material, design, or manufacturing faults affecting the delivered products and rendering them unsuitable for use.

The warranty is inseparable from the Product sold by the Supplier. The Product may not be sold or resold if altered, transformed, or modified.

This warranty is limited to the replacement or refund of non-compliant or defective products.

Any warranty is excluded in cases of misuse, negligence, or lack of maintenance by the Buyer, as well as for normal wear and tear of the Product or force majeure.

To assert its rights, the Buyer must, under penalty of forfeiture of any related claim, inform the Supplier in writing of the existence of defects within a maximum of 10 days from their discovery.

The Supplier will replace or repair defective Products or parts under warranty. This warranty does not cover labor costs.

The replacement of defective Products or parts will not extend the duration of the above warranty.

Finally, the warranty does not apply if the Products have been used improperly or under conditions different from those for which they were manufactured.

It also does not apply in cases of deterioration or accidents resulting from shock, drop, negligence, lack of supervision or maintenance, or any modifications to the Product.

The Supplier is never responsible for the assembly of the delivered engines, which must be performed by a professional and in accordance with best practices.

In the event of a return of the engine, the transport costs are the responsibility of the customer.

ARTICLE 7 – INTELLECTUAL PROPERTY

The Supplier retains all industrial and intellectual property rights related to the Products, photos, and technical documentation, which cannot be disclosed or used without its written permission.

ARTICLE 8 – PERSONAL DATA

Personal data collected from Buyers is processed by the Supplier. It is recorded in the Supplier’s customer file and is essential for processing orders. This information and personal data are also retained for security purposes, to comply with legal and regulatory obligations. They will be kept for as long as necessary to fulfill orders and any applicable warranties.

The data controller is the Supplier. Access to personal data will be strictly limited to employees of the data controller who are authorized to process it due to their roles. The collected information may be shared with third parties contracted by the company for the execution of outsourced tasks, without requiring the Buyer’s authorization.

In the context of performing their services, third parties have only limited access to the data and are required to use it in compliance with applicable personal data protection laws. Except for the cases mentioned above, the Supplier is prohibited from selling, renting, transferring, or providing access to the data to third parties without the Buyer’s prior consent, unless required to do so for legitimate reasons.

If the data is to be transferred outside the EU, the Buyer will be informed, and the safeguards implemented to secure the data (e.g., the external provider’s adherence to the “Privacy Shield,” adoption of standard contractual clauses approved by the CNIL, implementation of a code of conduct, obtaining CNIL certification, etc.) will be specified.

In accordance with applicable regulations, the Buyer has the right to access, rectify, erase, and port their data, as well as the right to object to processing on legitimate grounds. These rights can be exercised by contacting the data controller at the following postal or email address: 10, rue de Penthièvre, 75008 PARIS, or [email protected].

In case of a complaint, the Buyer can submit a claim to the Supplier’s Data Protection Officer or to the Commission Nationale de l’Informatique et des Libertés (CNIL).

ARTICLE 9 – UNFORESEEABILITY

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided by Article 1195 of the French Civil Code for all transactions involving the Supplier’s Products sold to the Buyer.

The Supplier and the Buyer each waive the provisions of Article 1195 of the French Civil Code and the regime of unforeseen circumstances it provides. They commit to fulfilling their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of the sale, even if performance becomes excessively onerous, and to bear all economic and financial consequences.

ARTICLE 10 – EXCEPTION OF NON-PERFORMANCE

The Parties expressly waive the provisions of Articles 1219 and 1220 of the French Civil Code regarding the exception of non-performance.

Therefore, they agree to fully and completely perform these terms even in the event of a breach by either party.

ARTICLE 11 – 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 12 – TERMINATION OF THE CONTRACT

Termination for force majeure:
Termination by operation of law for force majeure can only occur 14 days after receipt of a formal notice sent by registered letter with acknowledgment of receipt or any other extrajudicial act.

However, this formal notice must indicate the intention to enforce this clause.

ARTICLE 13 – DISPUTES

To find a solution to any dispute arising from the performance of this contract, the parties agree to meet within three days of receiving a registered letter with acknowledgment of receipt sent by either party.

The present amicable settlement procedure is a mandatory prerequisite before initiating legal action between the parties. Any legal action taken in violation of this clause will be declared inadmissible.

However, if the parties cannot reach a compromise or solution within eight days, the dispute will then be submitted to the designated jurisdiction.

However, this formal notice must state the intention to invoke this clause.

ARTICLE 13-1 – JURISDICTION CLAUSE

All disputes arising from this contract and any agreements related to it, including those concerning its validity, interpretation, performance, termination, consequences, and aftermath, will be subject to the competent courts under common law conditions.

ARTICLE 14 – APPLICABLE LAW – LANGUAGE OF THE CONTRACT

These General Terms and Conditions and any operations arising therefrom 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 15 – BUYER’S ACCEPTANCE

These General Terms and Conditions of Sale are expressly agreed and accepted by the Buyer, who declares and acknowledges full knowledge of them and, as a result, waives any contradictory documents, including their own general terms and conditions of purchase.

General Terms and Conditions of Sale

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:

The Products offered for sale via the website www.moteurlivre.fr are as follows:
Automotive engines, new or used, with the bare engine including the following components: a. Cylinder head components: cylinder head and gasket, camshaft, valve lifter, valves (intake and exhaust), valve springs, head gasket, bearings related to the internal components of the cylinder head, rocker arm shaft, rocker cover, camshaft bearing cap, valve guides, b. Engine block components: 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, subject to additional testing by the customer or mechanic:
Injectors (injectors are not tested by MOTEUR LIVRÉ),
Turbochargers (turbos are only tested for shaft binding and minor play; geometry is not tested),
Injection pumps (injection pumps are not tested).

It is the responsibility of the customer to request that the appointed mechanic or a competent facility test the aforementioned accessories at their own expense. If the appointed mechanic or competent facility deems any of the above-mentioned accessories defective upon delivery and before installation on the engine, MOTEUR LIVRÉ agrees to replace the defective parts with other used ones.

If the customer or mechanic decides to install a defective part provided by MOTEUR LIVRÉ, no mounting/dismounting fees or damages can be claimed from MOTEUR LIVRÉ.

Any other parts or accessories not listed above and delivered with the engine ordered by the Client are considered as provided gratuitously by the Seller to the Client to facilitate the speed of engine assembly and delivery, and therefore, are 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.
Passation de la commande
Il appartient au Client de sélectionner sur le site internet www.moteurlivre.fr les Produits qu’il désire commander, selon les modalités suivantes :

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.
Modification de la commande
Une fois confirmée et acceptée par le Vendeur, dans les conditions ci-dessus décrites, la commande n’est pas modifiable.

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 warranty of conformity for Products that are apparently defective, damaged, or not corresponding to the order,
the legal warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered Products and rendering them unsuitable 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 reminded that under the legal warranty of conformity, the Client benefits from a period of two years from the delivery of the goods to take action against the Seller; may choose between repair or replacement of the ordered Product, subject to the cost conditions provided by Article L 217-9 of the Consumer Code; and is exempt from proving the existence of the conformity defect of the Product during the twenty-four months following the delivery of the Product.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Client may choose to invoke the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 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 Vendor will refund, replace, or repair the Products or parts under warranty deemed non-conforming 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:
Check circuits: water, oil, air, fuel
Check the rocker arms and adjust if necessary
Check the condition of the camshaft(s)
– Check the condition of the camshaft(s).
– Inspect the oil pump and its drive, and replace any defective parts if necessary.
– Turn the engine with a wrench to check for any sticking points.
– Replace certain accessories with new ones, including: oil, air, and fuel filters, spark plugs or glow plugs, timing belt kit (belt, pulleys, and water pump) or timing chain and guides, alternator and water pump belts, and fluids (coolant, oil).
– Set the timing with the manufacturer’s specified equipment.
Check correct timing of pinions on engines with cascade timing.
Replace injector seals.
Check all gaskets (including cylinder head gaskets) for defects and report them to MOTEUR LIVRÉ within one month of purchase.
Check the condition of all parts supplied free of charge by MOTEUR LIVRÉ.

b. After mounting the engine on the vehicle, the client must:
Check the operation of the oil pressure and water temperature gauges on the dashboard.
Tune up the igniter, carburetor and advance using the manufacturer’s data.
Set the injector codes in the injection ECU using a suitable diagnostic tool.
Before starting up, run the engine for a few moments with the coil wire disconnected or the injection pump de-energized, in order to prime the oil pump.
Any engine assembly requires a reset of the vehicle’s electronic system at the manufacturer’s facility using the official brand equipment.

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.

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

If MOTEUR LIVRÉ is unable to find a replacement engine, it will refund the purchase price of the engine, excluding labor costs incurred by the Client, which will remain at the Client’s expense. In case of return of the engine, transport costs are to be borne by the Client.

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

Les Parties ne pourront être tenues responsables en cas de non-exécution ou de retard dans l’exécution de l’une de leurs obligations, tel que décrit dans les présentes, si cela résulte d’un cas de force majeure, tel que défini par l’article 1218 du Code civil français.

ARTICLE 16 – APPLICABLE LAW – LANGUAGE

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

Elles sont rédigées en français. En cas de traduction dans une ou plusieurs autres langues, seul le texte français fera foi en cas de litige.

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 usual purposes expected of such goods and, where applicable:
– Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model,
– Display the qualities that a buyer can legitimately expect based on public statements made by the seller, the producer, or their representative, particularly in advertising or labeling,
– Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, which was made known to the seller and accepted by them.

– 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):