These general conditions of sale apply to all sales concluded on the website www.anmodelcars.com.
The website www.anmodelcars.com is a service of:
- SASU AN Model Cars
- located 78 Allée Primavera Center Ubidoca 17669 74370 Annecy,
- URL address of the site: www.anmodelcars.com
- telephone number: +33 (0)6 30 06 62 33
The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website www.anmodelcars.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.anmodelcars.com.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the good and/or the method of calculating the price;
- if applicable, all additional transport, delivery or postage costs and all other possible costs payable;
- in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the good, whatever its price;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.
Article 4 - The order
The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after collection by the seller of the entire price.
Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions relating to the tracking of an order, the buyer can send an email to the seller via the “Contact us” form.
Article 5 - Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
- due date of sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: +33 (0)6 30 06 62 33.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by email.
Article 7 - Proof of the transaction
Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.
Article 10 - Payment method
This is an order with obligation to pay, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Article 11 - Availability of products - Reimbursement - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated in the product sheet . Shipping times run from the date of registration of the order indicated on the order confirmation email and validation of payment.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period.
In the absence of execution at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has complied in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of payment at the latest, or an exchange of the product.
1. I PLACED A PRE-ORDER. WHEN WILL MY MODEL BE AVAILABLE?
We are unable to tell you or guarantee a release date for various reasons. Some manufacturers give approximate deadlines which we provide on the thumbnail page but even in this case delays are possible.
A pre-order may have a delivery date between 1 to 12 months.
2. I PLACED A PRE-ORDER, BUT NOW THERE IS A NEW VERSION/COLOR. CAN I MODIFY MY PRE-ORDER?
Yes it's possible. The pre-order can be modified only once. The deposit paid will be transferred to the new pre-order.
3. IF I CHANGE MY MIND AND WISH TO CANCEL THE PRE-ORDER, CAN YOU REFUND THE DEPOSIT PAID?
If cancellation is made within 15 days of pre-order, a refund will be made. After this 15-day period, we will issue a voucher for the value of your deposit. This will be usable for our next order on our site.
4. YOUR PRE-ORDER IS AVAILABLE
You will be notified by email upon receipt of your pre-order, upon payment of the balance your pre-order will be shipped. If payment of the balance is not made within 15 days after the first email, your pre-order will be put into stock and your deposit cannot be refunded.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
If the buyer has his order shipped outside the European Union, he may be required to pay import duties when he receives his package. AN Model Cars cannot control these charges and cannot predict their amount. The buyer is responsible for the payment of these taxes and customs duties not included. The buyer may contact his local customs office for more information before placing his order.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected.
The claim may be made, at the buyer's choice:
- by telephone at the following number: +33 (0)6 30 06 62 33;
- by e-mail via the “Contact us” form.
Any claim not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommended, to the following address: AN Model Cars 78 Allée Primavera Centre Ubidoca 17669 74370 Annecy France.
Return costs are the responsibility of the seller.
Article 14 - Legal guarantee of products
The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 14 days from delivery of the goods to act;
- the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-17 of the Consumer Code.
Despite the care taken by the Seller in the selection of its products, it is possible that an item turns out to be non-compliant or affected by a hidden defect.
In the event that the Customer notices that a Product purchased on the Site presents a lack of conformity or is defective, the Seller invites him to report this as soon as he discovers it by contacting him. The Seller then studies the request as soon as possible, and if necessary, requests additional information or photographs of the Product concerned. The Seller will inform the Customer of the procedure to follow if the Product proves to be non-compliant with the law.
In the event of a quality defect in a Product or non-conformity of a Product, duly noted by the Seller or the supplier concerned, the guarantee is limited to the outright replacement of the defective Product (or, when replacement is impossible , to reimbursement of its price), to the exclusion of any compensation for direct or indirect damage suffered by the Customer or any third party as a result of the defect.
Lose the benefit of the guarantee, Products modified by the Customer or by a third party, Products which are not used in accordance with their intended purpose and those which have been used in disregard of the manufacturer's recommendations and/or advice for use.
In the event of the warranty being called into play involving the replacement of products, they must be returned by the Customer at their own expense to the store.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded and the delivery costs will be refunded.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 10 days, and at the latest, within 14 days from receipt, by the seller, of the products returned by the buyer within the conditions provided for above.
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods made to the consumer's specifications or clearly personalized;
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 18 - Information Technology and Freedoms
The personal data provided by the buyer are necessary to process their order and prepare invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website www.anmodelcars.com has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the site www.anmodelcars.com.
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 20 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 21 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 23 - Mediation and dispute resolution
The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our site.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and legal professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the judicial court.
This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
Article 25 - Protection of personal data
The personal data collected on this site are as follows:
- account opening : when creating the user account, their
- connection: when the user connects to the website, the user records, in particular, his or her last name, first name, connection data, usage data, location data and payment data;
- profile : the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;
- command: history of user commands;
- communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;
- cookies: cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings.
Use of personal data
The purpose of the personal data collected from users is to provide the website's services, their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes a third party's website to access their data;
- when the website uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable regulations on the protection of personal data. staff ;
- if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and legal procedures;
- if the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: .
- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
- the right to deletion of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
- the right to limitation of processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
- the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
- the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The modified conditions of use will be applicable from the time they are made available on the site.
Article L. 217-4 : “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.”
Article L. 217-5 : “The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article L. 217-6 : “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.
Article L. 217-8 : “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.”
Article L. 217-9 : “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”
Article L. 217-10 : “If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor.”
Article L. 217-11 : The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L. 217-13 : "the provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature recognized by law."
Article L. 217-14 : "Recursory action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Article L. 217-15 : "The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or service any other service in relation to the property, in addition to its legal obligations aimed at guaranteeing the conformity of the property.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the CONTRACT.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to take advantage of this."
Article L. 217-16 : “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime period of at least seven days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.”
Article 1641 : “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it , or would have given only a lower price, if he had known them.”