T&Cs – Automotoesfera

ARTICLE 1 – PURPOSE AND SCOPE

These Terms and Conditions of Sale (hereinafter the “T&Cs”) govern all contractual relations between Automotoesfera (hereinafter “PMP” or “the Seller”), a société par actions simplifiée (SAS – simplified joint-stock company) with share capital of €10,000, registered with the Trade and Companies Register of xxx under number 123 456 789, and its customers (hereinafter “the Customer” or “Customers”), whether end-consumers or professionals.

The T&Cs apply to any order placed on the website www.automotoesfera.com (hereinafter the “Site”), whether the Customer is located in mainland France or in any other country where PMP offers distance-selling services. They cover the sale of all products marketed by PMP, namely spare parts for two-wheel vehicles, scooters, and quads, as well as accessories, consumables and equipment (hereinafter the “Products”).

PMP reserves the right to amend the T&Cs at any time. The applicable T&Cs are those in force on the date the Customer confirms the order. Any order implies full and unconditional acceptance of the T&Cs by the Customer. Any contrary condition set by the Customer shall, unless expressly agreed in advance by PMP, be unenforceable against the Seller, regardless of when it was brought to its attention.

ARTICLE 2 – PRE-CONTRACTUAL INFORMATION

In accordance with Articles L. 221-5 and L. 221-6 of the French Consumer Code, PMP provides the Customer, prior to concluding any order, with:

• A clear and detailed description of the Products, including their essential characteristics, any usage limitations, and, where applicable, specific indications regarding their nature (new, used, refurbished, originating from end-of-life vehicles, etc.).
• PMP’s full contact details, including company name, registered office address (address, France), customer service telephone number, and a contact e-mail address (contact@automotoesfera.com).
• Product prices, expressed in euros and inclusive of all taxes (VAT), as well as how shipping charges or any other fees are calculated and applied.
• Payment, delivery, and contract performance terms, including estimated delivery times and any restrictions on delivery to certain countries or regions.
• Information regarding statutory warranties and any commercial warranties that may be offered by PMP.
• Conditions and procedures for exercising the right of withdrawal, the return costs payable by the Customer (except in cases of lack of conformity or hidden defect), and the model withdrawal form provided.
• Any other information required by applicable regulations.

This information is permanently available on the Site, in these T&Cs, or directly on the Product description pages. By confirming an order, the Customer acknowledges having read all such information in a clear and comprehensible manner and declares accepting it without reservation.

ARTICLE 3 – PRODUCTS AND AVAILABILITY

3.1. Nature and origin of the Products

PMP offers a wide range of Products for motorized two-wheelers and quads, including:

• New or used spare parts suitable for various makes and models of motorcycles, scooters, and quads.
• Accessories and equipment (top cases, luggage racks, lighting, etc.).
• Consumables (oil filters, brake fluids, belts, spark plugs, tires, etc.).

Some Products—particularly those from end-of-life vehicles (ELVs)—may have specific characteristics: they are dismantled, cleaned, tested and, where applicable, refurbished before being offered for sale. Such information is clearly indicated in each Product description. PMP guarantees the lawful origin of the parts and their compliance with applicable standards.

3.2. Product presentation

The Product descriptions available on the Site include essential characteristics (brand, model, year of production, compatibility), condition (new, used, refurbished) and any other information useful for purchase. PMP endeavors to provide accurate descriptions, but minor variations may occur. Product photos, diagrams, and illustrations are indicative and non-contractual.

3.3. Stock availability

Products are offered subject to availability. If a Product becomes unavailable after the order is placed, PMP will inform the Customer as soon as possible. The Customer may then choose to cancel the order and receive a refund, wait for restocking, or opt for an equivalent product.

3.4. Damaged or non-conforming Products

The Customer is informed that some Products—such as parts originating from damaged vehicles—may show signs of wear or alteration. This information is specified on Product pages to allow an informed choice. PMP cannot be held liable for misinterpretation or improper use of purchased Products.

ARTICLE 4 – ORDERS AND CONTRACT FORMATION

4.1. Creating a customer account

Before placing an order, the Customer must create an account on the Site. During registration, the Customer provides personal information (first and last name, delivery address, e-mail address, phone number) and chooses a password. This information must be accurate, complete, and up to date.

4.2. Ordering process

The Customer selects the desired Products and adds them to the cart. Once the selection is complete, the Customer accesses the order summary showing Product details, quantities, prices, any shipping fees, and the total amount. Before finalizing the order, the Customer is invited to:

• Check the accuracy of the information entered (Products, delivery address, payment method).
• Read and accept these T&Cs by ticking the corresponding box.
• Confirm the order and proceed to payment.

4.3. Confirmation and validation

After payment is received, PMP sends an acknowledgement by e-mail. This confirmation states the order details, the estimated delivery date, and a tracking number where applicable. The order is then deemed final and a sales contract is formed between PMP and the Customer.

4.4. Modification or cancellation

Once confirmed, the order cannot be modified or cancelled by the Customer, except when exercising the right of withdrawal provided in Article 7 of these T&Cs or in the event of non-conformity. PMP reserves the right to cancel any order for a legitimate reason, notably in the event of an obvious pricing error, Product unavailability, or a payment incident.

4.5. Customer obligations

The Customer agrees to provide accurate information when ordering and to ensure the chosen Products meet their needs. If in doubt about compatibility, the Customer must contact PMP before finalizing the purchase. PMP disclaims liability for Product mismatch where the Customer’s information was inaccurate or incomplete.

ARTICLE 5 – PRICES AND PAYMENT TERMS

5.1. Product prices

Product prices are shown in euros (€), inclusive of all taxes (VAT). They include the VAT applicable in France at the time of ordering.

Prices displayed on the Site do not include shipping costs. Such costs are added at checkout, depending on the delivery method chosen by the Customer and the destination. They are clearly stated before payment.

Automotoesfera may change prices at any time. However, the price charged to the Customer is the one in effect at the time the order is confirmed.

5.2. Promotions and discount codes

Discount codes provided by Automotoesfera may only be used within their validity period and under the specified conditions (minimum purchase amount, exclusions, validity period). Unless otherwise stated, a discount code is usable once per Customer. If an order using a discount code is returned or cancelled, the code cannot be re-used.

5.3. Payment methods

Payment is made online when placing the order. Accepted payment methods include:

• Bank cards (Visa, Mastercard, American Express) via a secure SSL interface;
• Bank transfer: in this case, the order ships after funds are received.

Online payments are secured by specialized partners. Automotoesfera does not store the Customer’s banking data.

5.4. Invoicing

An itemized invoice is e-mailed to the Customer once the order is confirmed. It lists the Product references purchased, the total amount paid (incl. VAT), and any ancillary charges (shipping, packaging). The Customer should keep this invoice, particularly for warranty purposes.

5.5. Non-payment

In case of non-payment, Automotoesfera may cancel the order or suspend shipment. If a payment is declined by the bank, Automotoesfera may request an alternative method. If the issue persists, the order will be cancelled.

5.6. Retention of title

Products remain the property of Automotoesfera until full payment of the price by the Customer. However, risk of loss, theft, or damage transfers upon delivery to the Customer or to the carrier designated by the Customer.

ARTICLE 6 – DELIVERY AND TRANSFER OF RISK

6.1. Delivery methods

Automotoesfera offers several delivery options:

• Standard delivery to home or pickup point;
• In-store pickup.

Available options and their costs are shown to the Customer at checkout.

6.2. Delivery times

Delivery times vary depending on the shipping method, destination, and Product availability. Estimated times are indicated before order validation. Automotoesfera will endeavor to meet these times but cannot be held responsible for delays due to carriers or external events such as strikes or exceptional weather conditions.

In the event of prolonged delay or inability to deliver, Automotoesfera will inform the Customer and may offer an alternative solution or a refund.

6.3. Delivery address

The Customer is responsible for the accuracy of delivery information provided when ordering. Any error or omission causing a delay or failed delivery is the Customer’s responsibility.

If delivery fails due to incorrect or incomplete information, re-shipping costs will be charged to the Customer.

6.4. Receipt of Products

The Customer must check the condition of the parcel and Products upon delivery. In case of anomaly (damaged parcel, missing or damaged Products), the Customer must make clear and precise reservations with the carrier and inform Automotoesfera within 48 hours.

No claim will be accepted if reservations were not made at the time of delivery. For defective or damaged Products, Automotoesfera will arrange replacement or refund after verification.

6.5. Transfer of risk

Risk transfers upon receipt of the Products by the Customer or their representative. From that moment, the Customer is responsible for any loss, damage, or theft of the Products, even though they remain the property of Automotoesfera until full payment.

ARTICLE 7 – RIGHT OF WITHDRAWAL AND RETURNS

7.1. Conditions for exercising the right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has 14 calendar days from receipt of the Products to exercise the right of withdrawal, without having to give any reason or pay penalties.

To do so, the Customer must:

• Inform Automotoesfera of the decision to withdraw, either by using the withdrawal form available on the Site or by sending an unambiguous statement (by e-mail or letter) expressing the wish to withdraw.
• Return the Products in their original condition, with all accessories, manuals and packaging, within 14 days of notifying withdrawal. Return shipping costs are borne by the Customer, except in cases of non-conformity or hidden defect.

7.2. Exclusions from the right of withdrawal

The right of withdrawal does not apply to:

• Personalized or made-to-measure Products;
• Products which cannot be returned for hygiene or health protection reasons and which have been unsealed;
• Parts or consumables that have been installed or used.

7.3. Refunds

Subject to receipt of the returned Products in perfect condition, Automotoesfera will refund the Customer within 14 days from notification of withdrawal. If returned Products are incomplete, damaged, or used, Automotoesfera may apply a deduction or refuse the refund.

Refunds are made using the same payment method as the original order, unless otherwise agreed by the parties.

In the event of proven non-conformity, Automotoesfera will also cover return costs and will offer either an exchange or a full refund.

ARTICLE 8 – WARRANTIES AND AFTER-SALES SERVICE

8.1. Statutory conformity warranty

Products sold on the Site benefit from the statutory conformity warranty provided by Articles L. 217-3 et seq. of the French Consumer Code. Under this warranty, the Customer may, within two years of delivery of the Product:

• Demand repair or replacement of the non-conforming Product at no cost to the Customer; or
• If those options are impossible or disproportionate, obtain a price reduction or a refund.

To be eligible, the lack of conformity must exist at the time of delivery. The Customer does not need to prove its existence within 24 months of delivery.

8.2. Warranty for hidden defects

In addition to the conformity warranty, the Customer may invoke the legal warranty against hidden defects under Articles 1641 et seq. of the French Civil Code. This covers defects that render the Product unfit for its intended use or that so diminish its use that the Customer would not have purchased it, or would have paid a lower price, had they known.

The Customer has two years from discovery of the defect to bring a claim under this warranty.

8.3. General warranty conditions

To benefit from the warranties, the Customer must provide proof of purchase (invoice) and notify Automotoesfera of the issue within the applicable time limits.

The warranties do not cover:

• Defects resulting from misuse, incorrect installation, or maintenance not in accordance with the manufacturer’s instructions;
• Damage caused by accidents, impacts, unauthorized modifications, or the use of non-original parts;
• Normal wear and tear;
• Products whose origin or use cannot be established with official documents.

8.4. After-sales service and technical assistance

Automotoesfera provides after-sales support to assist Customers encountering issues with purchased Products. The Customer can contact this service using the details shown on the Site.

Technical assistance is also available to answer questions about installing or using parts. This service is provided by qualified technicians who can offer advice, tutorials, and answers to frequently asked questions.

8.5. Limitation of liability

Automotoesfera shall not be liable for indirect or unforeseeable damages related to the use of the Products, such as loss of income, data loss, or intangible harm.

Automotoesfera’ liability is limited to the total amount paid by the Customer for the Product concerned, unless otherwise required by mandatory law.

ARTICLE 9 – PERSONAL DATA AND CONFIDENTIALITY

9.1. Collection and use of personal data

Information collected when ordering (name, address, e-mail, phone, etc.) is used solely for order management, communication with the Customer, and service improvement.

This data is never sold or transferred to third parties for commercial purposes.

9.2. Data retention

Personal data is retained for as long as necessary to perform the contract and meet legal and tax obligations. Thereafter, data is anonymized or deleted.

9.3. Customer rights

In accordance with applicable regulations, the Customer has the following rights:

• Right of access: to view personal data held;
• Right to rectification: to correct inaccurate personal data;
• Right to erasure: to request deletion of data, unless it is needed to meet legal obligations;
• Right to object and restrict processing: to object to certain processing or request limited use of data;
• Right to data portability: to request transfer of data to another provider in a machine-readable format.

To exercise these rights, the Customer may contact Automotoesfera using the details provided on the Site.

9.4. Data security

Automotoesfera implements technical and organizational measures to protect personal data against unauthorized access, loss, or alteration.

Despite these measures, Customers are invited to report any suspicious activity on their account or any suspected data breach.

9.5. Cookies and tracking

Automotoesfera uses cookies and similar technologies to improve browsing on the Site and offer tailored services. The Customer can set cookie preferences directly in the browser.

9.6. Contact for data-privacy matters

For any questions or requests regarding personal data, the Customer may contact Automotoesfera by e-mail or post. Contact details are available on the Site.

ARTICLE 10 – INTELLECTUAL PROPERTY

10.1. Intellectual property rights

All elements of the Site (content, images, logos, text, graphics, software, etc.) are the exclusive property of Automotoesfera or its partners and are protected by applicable intellectual property laws.

Any unauthorized reproduction, distribution, modification, or use of Site elements is strictly prohibited and may result in civil and criminal penalties.

10.2. Use of content

The Customer is authorized to view and print Site content for personal, non-commercial use. Any other use requires prior written authorization from Automotoesfera.

10.3. Trademarks and logos

Trademarks, logos and other distinctive signs on the Site are the property of Automotoesfera or its partners. Their use, reproduction, or modification without authorization is prohibited.

10.4. Respect for third-party copyrights

Automotoesfera respects third-party intellectual property rights and invites Customers to do the same. In case of an alleged copyright infringement on the Site, any concerned party may contact Automotoesfera to report it.

ARTICLE 11 – FORCE MAJEURE

Automotoesfera shall not be liable for failure to perform any contractual obligation where such failure results from an event of force majeure as defined by French law and case law.

Events constituting force majeure include, without limitation:

• Natural disasters, floods, fires, storms;
• Epidemics, pandemics, health crises;
• Industrial disputes, internal or external strikes;
• Terrorist acts, armed conflict;
• Government decisions, regulatory or legislative changes.

In the event of force majeure, the performance of the affected party’s obligations is suspended for the duration of the force majeure event. If the impediment lasts more than thirty (30) days, either party may terminate current orders by operation of law, without compensation.

Automotoesfera undertakes to inform the Customer of any force majeure event as soon as possible and to do its best to limit its consequences.

ARTICLE 12 – PERSONAL DATA AND COOKIES

12.1. Collection and processing of personal data

Automotoesfera complies with legal and regulatory provisions on the protection of personal data, in particular the GDPR and the amended French Data Protection Act of 6 January 1978.

Personal data collected from the Customer when ordering or using the Site is processed for the following purposes:

• Managing orders and delivery;
• Issuing invoices;
• Responding to information requests and complaints;
• Sending marketing communications, where the Customer has consented;
• Improving customer service and personalizing the user experience on the Site.

The Customer has rights of access, rectification, deletion, restriction and objection to processing. These rights may be exercised by contacting Automotoesfera at:

Automotoesfera
Address
Or by e-mail at: contact@automotoesfera.com

12.2. Data sharing

Automotoesfera undertakes not to sell or share the Customer’s personal data with third parties, except in the following cases:

• Where necessary to manage orders (e.g., with delivery providers);
• Where required by law or a judicial authority;
• Where the Customer has given explicit consent.

12.3. Cookies and similar technologies

When visiting the Site, cookies and other tracking technologies may be placed on the Customer’s device in order to:

• Facilitate browsing and improve the user experience;
• Measure the Site’s audience and performance;
• Offer targeted advertising or personalized content.

The Customer can set cookie preferences in the browser or via a dedicated tool on the Site. For more details, please consult the Site’s Privacy & Cookies Policy.

ARTICLE 13 – INTELLECTUAL PROPERTY

Automotoesfera holds the intellectual property rights or exploitation rights over all elements available on the Site, including:

• Trademarks and logos;
• Texts, images, photographs, videos and multimedia content;
• The Site’s overall structure and architecture;
• Databases;
• Software and applications.

Any reproduction, representation, modification, publication or adaptation of all or part of the Site’s elements, by any means or process, is prohibited without prior written authorization from Automotoesfera.

Any unauthorized use of the Site or any of its elements shall be considered an infringement and prosecuted in accordance with applicable law.

ARTICLE 14 – FINAL PROVISIONS

14.1. Severability

If one or more provisions of these T&Cs are held invalid, void or unenforceable by a competent authority or by law, the remaining provisions shall remain in full force and effect.

14.2. No waiver

The failure of Automotoesfera to enforce any provision or right under these T&Cs shall not be deemed a waiver of such provision or right in the future.

14.3. Entire agreement

These T&Cs, together with any document mentioned or incorporated by reference, constitute the entire agreement between the parties.

No statement, warranty or undertaking other than those expressly set out in these T&Cs shall be considered accepted or form part of the contract.

14.4. Amendments to the T&Cs

Automotoesfera reserves the right to amend these T&Cs at any time. The new T&Cs shall take effect on the date they are published on the Site and shall apply to any order placed after that date.

Customers are encouraged to consult the T&Cs regularly to stay informed of any updates.