{"id":390310,"date":"2022-07-01T04:16:43","date_gmt":"2022-07-01T04:16:43","guid":{"rendered":"https:\/\/obd-diag.fr\/?page_id=390310"},"modified":"2026-03-28T02:15:21","modified_gmt":"2026-03-28T02:15:21","slug":"conditions-generales-de-ventes-obd-diag-entre-particuliers","status":"publish","type":"page","link":"https:\/\/obd-diag.fr\/en\/conditions-generales-de-ventes-obd-diag-entre-particuliers\/","title":{"rendered":"General Conditions of Sale OBD-DIAG between individuals"},"content":{"rendered":"<figure class=\"wp-block-table\"><table><tbody><tr><td><\/td><\/tr><tr><td>General Conditions of Sale of Products Online to Individual Consumers\u00a0<strong>IMPORTANT<\/strong><br><strong>Any order placed on the Site necessarily implies the Customer&#039;s unreserved acceptance of these General Conditions of Sale.\u00a0<\/strong><br><strong>General conditions for the sale of products online to individual consumers<\/strong><br><br><strong>Preamble\u00a0<\/strong><br>These general conditions of sale apply to all sales concluded on the website.\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>.<br>Le site Internet\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>.fr\u00a0est un service de :\u00a0La soci\u00e9t\u00e9\u00a0\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a><br>situ\u00e9e\u00a0<br>adresse URL du site :\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>.fr <br>e-mail :\u00a0support@obd-diag.fr<br>Le site Internet\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>\u00a0commercialise les produits suivants :\u00a0Outils de diagnostic, outils de reprogrammation, logiciels de diagnostic automobile.Le client d\u00e9clare avoir pris connaissance et avoir accept\u00e9 les conditions g\u00e9n\u00e9rales de vente ant\u00e9rieurement \u00e0 la passation de sa commande. La validation de la commande vaut donc acceptation des conditions g\u00e9n\u00e9rales de vente.<br><br><strong>Article 1 \u2013 Principles<\/strong><br>Les pr\u00e9sentes conditions g\u00e9n\u00e9rales expriment l&#8217;int\u00e9gralit\u00e9 des obligations des parties. En ce sens, l&#8217;acheteur est r\u00e9put\u00e9 les accepter sans r\u00e9serve.Les pr\u00e9sentes conditions g\u00e9n\u00e9rales de vente s&#8217;appliquent \u00e0 l&#8217;exclusion de toutes autres conditions, et notamment celles applicables pour les ventes en magasin ou au moyen d&#8217;autres circuits de distribution et de commercialisation.Elles sont accessibles sur le site internet\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>\u00a0et pr\u00e9vaudront, le cas \u00e9ch\u00e9ant, sur toute autre version ou tout autre document contradictoire.Le vendeur et l&#8217;acheteur conviennent que les pr\u00e9sentes conditions g\u00e9n\u00e9rales r\u00e9gissent exclusivement leur relation. Le vendeur se r\u00e9serve le droit de modifier ponctuellement ses conditions g\u00e9n\u00e9rales. Elles seront applicables d\u00e8s leur mise en ligne.Si une condition de vente venait \u00e0 faire d\u00e9faut, elle serait consid\u00e9r\u00e9e \u00eatre r\u00e9gie par les usages en vigueur dans le secteur de la vente \u00e0 distance dont les soci\u00e9t\u00e9s ont leur si\u00e8ge en France.Les pr\u00e9sentes conditions g\u00e9n\u00e9rales de vente sont valables jusqu&#8217;au\u00a0.<br><br><strong>Article 2 \u2013 Content<\/strong><br>Les pr\u00e9sentes conditions g\u00e9n\u00e9rales ont pour objet de d\u00e9finir les droits et obligations des parties dans le cadre de la vente en ligne de biens propos\u00e9s par le vendeur \u00e0 l&#8217;acheteur, \u00e0 partir du site internet\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>.<br>Les pr\u00e9sentes conditions ne concernent que les achats effectu\u00e9s sur le site de\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>\u00a0et livr\u00e9s exclusivement en m\u00e9tropole ou en Corse. Pour toute livraison dans les DOM-TOM ou \u00e0 l\u2019\u00e9tranger, il convient d&#8217;adresser un message \u00e0 l\u2019adresse e-mail suivante :\u00a0contact@obd-diag.fr.<br>These purchases concern the following products: Diagnostic tools, reprogramming tools, automotive diagnostic software.<br><br><strong>Article 3 \u2013 Pre-contractual information<\/strong><br>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.<br>The following information is transmitted to the buyer in a clear and understandable manner: - the essential characteristics of the good; - the price of the good and\/or the method of calculating the price; - if applicable, all costs additional transport, delivery or postage 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, existence and terms of implementation of guarantees and other contractual conditions.<br><br><strong>Article 4 \u2013 The order<\/strong><br>L&#8217;acheteur a la possibilit\u00e9 de passer sa commande en ligne, \u00e0 partir du catalogue en ligne et au moyen du formulaire qui y figure, pour tout produit, dans la limite des stocks disponibles.L&#8217;acheteur sera inform\u00e9 de toute indisponibilit\u00e9 du produit ou du bien command\u00e9.Pour que la commande soit valid\u00e9e, l&#8217;acheteur devra accepter, en cliquant \u00e0 l&#8217;endroit indiqu\u00e9, les pr\u00e9sentes conditions g\u00e9n\u00e9rales. Il devra aussi choisir l&#8217;adresse et le mode de livraison, et enfin valider le mode de paiement.La vente sera consid\u00e9r\u00e9e comme d\u00e9finitive :- apr\u00e8s l&#8217;envoi \u00e0 l&#8217;acheteur de la confirmation de l&#8217;acceptation de la commande par le vendeur par courrier \u00e9lectronique ;- et apr\u00e8s encaissement par le vendeur de l&#8217;int\u00e9gralit\u00e9 du prix.Toute commande vaut acceptation des prix et de la description\u00a0des produits disponibles \u00e0 la vente. Toute contestation sur ce point interviendra dans le cadre d&#8217;un \u00e9ventuel \u00e9change et des garanties ci-dessous mentionn\u00e9es.Dans certains cas, notamment d\u00e9faut de paiement, adresse erron\u00e9e ou autre probl\u00e8me sur le compte de l&#8217;acheteur, le vendeur se r\u00e9serve le droit de bloquer la commande de l&#8217;acheteur jusqu&#8217;\u00e0 la r\u00e9solution du probl\u00e8me.Pour toute question relative au suivi d&#8217;une commande, l&#8217;acheteur peut envoyer un mail au vendeur \u00e0 l\u2019adresse mail suivante :\u00a0contact@obd-diag.fr.<br><br><strong>Article 5 \u2013 Electronic signature<\/strong><br>La fourniture en ligne du num\u00e9ro de carte bancaire de l&#8217;acheteur et la validation finale de la commande vaudront preuve de l&#8217;accord de l&#8217;acheteur :- \u00a0exigibilit\u00e9 des sommes dues au titre du bon de commande ;- \u00a0signature et acception expresse de toutes les op\u00e9rations effectu\u00e9es.<br><br><strong>Article 6 \u2013 Order confirmation<\/strong><br>The seller provides the buyer with an order confirmation by email.<br><br><strong>Article 7 \u2013 Proof of the transaction<\/strong><br>Computerized records, kept in the seller&#039;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.<br><br><strong>Article 8 \u2013 Product information<\/strong><br>The products governed by these general conditions are those which appear on the seller&#039;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 responsible. The photographs of the products are not contractual.<br><br><strong>Article 9 \u2013 Price<\/strong><br>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 indicated 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 order. <a href=\"https:\/\/obd-diag.fr\/en\/shop\/\">shop<\/a> online. 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.<br><br><strong>Article 10 \u2013 Payment method<\/strong><br>This is an order with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has, at his choice, all the methods available. payment made available by the seller and listed on the seller&#039;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. . Payment of the price is made in full on the day of the order, according to the following methods: - bank card - paypal - check - transfer Payment of the price can be made according to a schedule, with an amount and installments spread over a specific period between the seller and the buyer on a case-by-case basis, according to the following terms: - payment card - paypal - check - transfer<br><br><strong>Payment for your order in 3 or 4 installments free of charge by credit card from \u20ac80 of purchases up to \u20ac3,000 with Oney Bank:<\/strong><br>Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from \u20ac80 to \u20ac3,000 in 3 or 4 installments free of charge with your bank card. Conditions: This offer is reserved for individuals (individuals adults) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the chosen financing. Cards with systematic authorization in particular of the Electron, Maestro, Nickel type etc\u2026 as well as e-cards, Indigo and American Express cards are not accepted. Subscription terms: After completing your order, simply click on the \u201cpayment button in 3x 4x Oney by credit card\u201d. You are then redirected to the 3x 4x Oney internet page. from our partner displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the connection details linked to <a href=\"https:\/\/obd-diag.fr\/en\/account\/\">your account<\/a> 3x 4x Oney. You are aware of the general conditions of payment in installments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by the corresponding check box. You acknowledge that the \u201cdouble click\u201d associated with the check box on reading the general conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use them for the purposes of studying your request for the granting, management and recovery of credit. Oney Bank reserves the right to accept or refuse your financing request in 3x 4x Oney. You have a withdrawal period of 14 days to renounce your credit. Operation: Payment in 3 or 4 installments free of charge by credit card allows you to pay for the order placed on our merchant site in the following way: - a deposit mandatory, debited on the day of confirmation of shipment of your order corresponding to a third or a quarter of the order; - two or three monthly payments, each corresponding to a third or a quarter of the order, taken at 30 and 60 days later for 3 times and 30, 60 and 90 days later for 4 times. \u2022 Payment in 3 installments from 80\u20ac of purchase and up to 2000\u20acExample: For a purchase of 150\u20ac, contribution of 50 \u20ac then 2 monthly payments of \u20ac50. Credit over 2 months at the fixed APR of 0%. Cost of financing 0\u20ac. \u2022 Payment in 4 installments from 200\u20ac of purchase and up to 3000\u20acExample: For a purchase of 400\u20ac, contribution of 100\u20ac then 3 monthly payments of 100\u20ac. Credit over 3 months at the fixed APR of 0%. Cost of financing \u20ac0.Oney Bank \u2013 SA with capital of \u20ac51,286,585 \u2013 Head office: 34 avenue de Flandre 59170 CROIX \u2013 RCS Lille M\u00e9tropole 546 380 197 \u2013 Orias n\u00b0: 07 023 261 \u2013 www.orias.fr \u2013 Correspondence : CS 60006 \u2013 59 895 Lille Cedex 9 \u2013 www.oney.fr<br><br><strong>Article 11 \u2013 Availability of products \u2013 Reimbursement \u2013 Resolution<\/strong><br>Sauf en cas de force majeure ou lors des p\u00e9riodes de fermeture de la <a href=\"https:\/\/obd-diag.fr\/en\/shop\/\">shop<\/a> en ligne qui seront clairement annonc\u00e9es sur la page d&#8217;accueil du site, les d\u00e9lais d&#8217;exp\u00e9dition seront, dans la limite des stocks disponibles, ceux indiqu\u00e9s ci-dessous. Les d\u00e9lais d&#8217;exp\u00e9dition courent \u00e0 compter de la date d&#8217;enregistrement de la commande indiqu\u00e9e sur le mail de confirmation de la commande.Pour les livraisons en France M\u00e9tropolitaine et en Corse, le d\u00e9lai est de\u00a02 jours \u00a0\u00e0 compter du jour suivant celui o\u00f9 l&#8217;acheteur a pass\u00e9 sa commande, selon les modalit\u00e9s suivantes :\u00a0par Collissimo,. Au plus tard, le d\u00e9lai sera de 30 jours ouvrables apr\u00e8s la conclusion du contrat.Pour les livraisons dans les DOM-TOM ou un autre pays, les modalit\u00e9s de livraison seront pr\u00e9cis\u00e9es \u00e0 l\u2019acheteur au cas par cas.En cas de non-respect de la date ou du d\u00e9lai de livraison convenu, l&#8217;acheteur devra, avant de rompre le contrat, enjoindre au vendeur d&#8217;ex\u00e9cuter celui-ci dans un d\u00e9lai suppl\u00e9mentaire raisonnable.\u00c0 d\u00e9faut d&#8217;ex\u00e9cution \u00e0 l&#8217;expiration de ce nouveau d\u00e9lai, l&#8217;acheteur pourra librement rompre le contrat.L&#8217;acheteur devra accomplir ces formalit\u00e9s successives par lettre recommand\u00e9e avec accus\u00e9 de r\u00e9ception ou par un \u00e9crit sur un autre support durable.Le contrat sera consid\u00e9r\u00e9 comme r\u00e9solu \u00e0 la r\u00e9ception par le vendeur de la lettre ou de l&#8217;\u00e9crit l&#8217;informant de cette r\u00e9solution, sauf si le professionnel s&#8217;est ex\u00e9cut\u00e9 entre-temps.L&#8217;acheteur pourra cependant r\u00e9soudre imm\u00e9diatement le contrat, si les dates ou d\u00e9lais vu ci-dessus constituent pour lui une condition essentielle du contrat.Dans ce cas, lorsque le contrat est r\u00e9solu, le vendeur est tenu de rembourser l&#8217;acheteur de la totalit\u00e9 des sommes vers\u00e9es, au plus tard dans les\u00a0\u00a014 jours\u00a0\u00a0suivant la date \u00e0 laquelle le contrat a \u00e9t\u00e9 d\u00e9nonc\u00e9.En cas d&#8217;indisponibilit\u00e9 du produit command\u00e9, l&#8217;acheteur en sera inform\u00e9 au plus t\u00f4t et aura la possibilit\u00e9 d&#8217;annuler sa commande. L&#8217;acheteur aura alors le choix de demander soit le remboursement des sommes vers\u00e9es dans les 14 jours au plus tard de leur versement, soit l&#8217;\u00e9change du produit.<br><br><strong>Article 12 \u2013 Delivery terms<\/strong><br>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 deadlines 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&#039;s expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. 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, 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 of 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. The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at address indicated in the legal notices of the site. 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 following 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.).<br><br><strong>Article 13 \u2013 Delivery errors<\/strong><br>L&#8217;acheteur devra formuler aupr\u00e8s du vendeur le jour m\u00eame de la livraison ou au plus tard le premier jour ouvr\u00e9 suivant la livraison, toute r\u00e9clamation d&#8217;erreur de livraison et\/ou de non-conformit\u00e9 des produits en nature ou en qualit\u00e9 par rapport aux indications figurant sur le bon de commande. Toute r\u00e9clamation formul\u00e9e au-del\u00e0 de ce d\u00e9lai sera rejet\u00e9e.La r\u00e9clamation pourra \u00eatre faite par e-mail \u00e0 l&#8217;adresse suivante :\u00a0contact@obd-diag.fr. Toute r\u00e9clamation non effectu\u00e9e dans les r\u00e8gles d\u00e9finies ci-dessus et dans les d\u00e9lais impartis ne pourra \u00eatre prise en compte et d\u00e9gagera le vendeur de toute responsabilit\u00e9 vis-\u00e0-vis de l&#8217;acheteur.\u00c0 r\u00e9ception de la r\u00e9clamation, le vendeur attribuera un num\u00e9ro d&#8217;\u00e9change du ou des produit(s) concern\u00e9(s) et le communiquera par e-mail \u00e0 l&#8217;acheteur. L&#8217;\u00e9change d&#8217;un produit ne peut avoir lieu qu&#8217;apr\u00e8s l&#8217;attribution du num\u00e9ro d&#8217;\u00e9change.En cas d&#8217;erreur de livraison ou d&#8217;\u00e9change, tout produit \u00e0 \u00e9changer ou \u00e0 rembourser devra \u00eatre retourn\u00e9 au vendeur dans son ensemble et dans son emballage d&#8217;origine, en Colissimo Recommand\u00e9, \u00e0 l&#8217;adresse suivante :\u00a0 .Les frais de retour sont \u00e0 la charge du vendeur.<br><br><strong>Article 14 \u2013 Product guarantee<\/strong><br><br><strong>14-1 Legal guarantee of conformity<\/strong>The seller guarantees the conformity of the good sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the Consumer Code. In the event of implementation of the legal guarantee of conformity, it is recalled that: - the buyer benefits from a period of 2 years from delivery of the goods to act; - the buyer can choose between repair or replacement of the goods , subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; - the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of goods new (12 months in the case of second-hand goods), following delivery of the goods.<br><br><strong>14-2 Legal guarantee against hidden defects<\/strong>In accordance with articles 1641 et seq. of the civil code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.<br><br><strong>Article 15 \u2013 Right of withdrawal\u00a0<\/strong><br>Application of the right of withdrawalIn 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 replacement. 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 as is. new, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not 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 withdraw. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed. refunded.Return costs are the responsibility of the buyer.The exchange (subject to availability) or refund will be made within 2 weeks, and at the latest, within 14 days from receipt, by the seller, of the products returned by the buyer under the conditions provided for above.<br>Exceptions\u00a0Selon l&#8217;article L221-28 du Code de la consommation, le droit de r\u00e9tractation ne peut pas \u00eatre exerc\u00e9 pour les contrats :- de fourniture de biens\u00a0dont le prix d\u00e9pend de fluctuations sur le march\u00e9 financier \u00e9chappant au contr\u00f4le du professionnel et susceptibles de se produire pendant le d\u00e9lai de r\u00e9tractation ;- de fourniture de biens confectionn\u00e9s selon les sp\u00e9cifications du consommateur ou nettement personnalis\u00e9s ;- de fourniture de biens susceptibles de se d\u00e9t\u00e9riorer ou de se p\u00e9rimer rapidement ;- de fourniture de biens qui ont \u00e9t\u00e9 descell\u00e9s par le consommateur apr\u00e8s la livraison et qui ne peuvent \u00eatre renvoy\u00e9s pour des raisons d&#8217;hygi\u00e8ne ou de protection de la sant\u00e9 ;- de fourniture de biens qui, apr\u00e8s avoir \u00e9t\u00e9 livr\u00e9s et de par leur nature, sont m\u00e9lang\u00e9s de mani\u00e8re indissociable avec d&#8217;autres articles ;- de fourniture de boissons alcoolis\u00e9es dont la livraison est diff\u00e9r\u00e9e au-del\u00e0 de trente jours et dont la valeur convenue \u00e0 la conclusion du contrat d\u00e9pend de fluctuations sur le march\u00e9 \u00e9chappant au contr\u00f4le du professionnel ;- de travaux d&#8217;entretien ou de r\u00e9paration \u00e0 r\u00e9aliser en urgence au domicile du consommateur et express\u00e9ment sollicit\u00e9s par lui, dans la limite des pi\u00e8ces de rechange et travaux strictement n\u00e9cessaires pour r\u00e9pondre \u00e0 l&#8217;urgence ;- de fourniture d&#8217;enregistrements audio ou vid\u00e9o ou de logiciels informatiques lorsqu&#8217;ils ont \u00e9t\u00e9 descell\u00e9s par le consommateur apr\u00e8s la livraison ;- de fourniture d&#8217;un journal, d&#8217;un p\u00e9riodique ou d&#8217;un magazine, sauf pour les contrats d&#8217;abonnement \u00e0 ces publications ;- de fourniture d&#8217;un contenu num\u00e9rique non fourni sur un support mat\u00e9riel dont l&#8217;ex\u00e9cution a commenc\u00e9 apr\u00e8s accord pr\u00e9alable expr\u00e8s du consommateur et renoncement expr\u00e8s \u00e0 son droit de r\u00e9tractation. Exemple le logiciel <a href=\"https:\/\/obd-diag.fr\/en\/product\/adaptateur-vpig-fiatecuscan-obd2-cable-de-connecteur-pour-abs-airbag-pour-fiat-adieu-romeo-lancia-ecu-scan-multiecuscan-diagnostic\/\">Multiecuscan<\/a>, Alfaobd, <a href=\"https:\/\/obd-diag.fr\/en\/product\/codage-vcds-vagcom\/\">VCDS<\/a> .\u00a0<br><br><strong>Article 16 \u2013 Force majeure<\/strong><br>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 which invokes the circumstances referred to above must immediately notify the the other part of their occurrence, as well as their disappearance. Will be considered as force majeure any 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. 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 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.<br><br><strong>Article 17 \u2013 Intellectual property<\/strong><br>The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content. The 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.<br><br><strong>Article 18 \u2013 Information Technology and Freedoms<\/strong><br>Les donn\u00e9es nominatives fournies par l&#8217;acheteur sont n\u00e9cessaires au traitement de sa commande et \u00e0 l&#8217;\u00e9tablissement des factures.Elles peuvent \u00eatre communiqu\u00e9es aux partenaires du vendeur charg\u00e9s de l&#8217;ex\u00e9cution, du traitement, de la gestion et du paiement des commandes.L&#8217;acheteur dispose d&#8217;un droit d&#8217;acc\u00e8s permanent, de modification, de rectification et d&#8217;opposition s&#8217;agissant des informations le concernant. Ce droit peut \u00eatre exerc\u00e9 dans les conditions et selon les modalit\u00e9s d\u00e9finies sur le site\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>.<br><br><strong>Article 19 \u2013 Partial non-validation<\/strong><br>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.<br><br><strong>Article 20 \u2013 Non-waiver<\/strong><br>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.<br><br><strong>Article 21 \u2013 Title<\/strong><br>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.<br><br><strong>Article 22 \u2013 Language of the contract<\/strong><br>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.<br><br><strong>Article 23 \u2013 Mediation and dispute resolution<\/strong><br>L&#8217;acheteur peut recourir \u00e0 une m\u00e9diation conventionnelle, notamment aupr\u00e8s de la Commission de la m\u00e9diation de la consommation ou aupr\u00e8s des instances de m\u00e9diation sectorielles existantes, ou \u00e0 tout mode alternatif de r\u00e8glement des diff\u00e9rends (conciliation, par exemple) en cas de contestation.\u00a0Conform\u00e9ment aux dispositions du Code de la consommation concernant le r\u00e8glement amiable des litiges,\u00a0<a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>.fr adh\u00e8re au Service du M\u00e9diateur du\u00a0CM2C (centre de m\u00e9diation de la consommation de conciliateurs de justice\u00a0 dont les coordonn\u00e9es sont les suivantes :\u00a014 Rue\u00a0Saint Jean \u2013 75017 Paris \u2013 https:\/\/r.net\/. Apr\u00e8s d\u00e9marche pr\u00e9alable \u00e9crite des consommateurs vis-\u00e0-vis de <a href=\"https:\/\/obd-diag.fr\/en\/home\/\">obd-diag<\/a>.fr , le Service du M\u00e9diateur peut \u00eatre saisi pour tout litige de consommation dont le r\u00e8glement n\u2019aurait pas abouti. Pour conna\u00eetre les modalit\u00e9s de saisine du M\u00e9diateur, cliquer sur le lien suivant :\u00a0https:\/\/cm2c.net\/comment-nous-saisir\/\u00a0Conform\u00e9ment \u00e0 l\u2019article 14 du R\u00e8glement (UE) n\u00b0524\/2013, la Commission Europ\u00e9enne a mis en place une plateforme de R\u00e8glement en Ligne des Litiges, facilitant le r\u00e8glement ind\u00e9pendant par voie extrajudiciaire des litiges en ligne entre consommateurs et professionnels de l\u2019Union europ\u00e9enne. Cette plateforme est accessible au lien suivant :\u00a0<a href=\"https:\/\/webgate.ec.europa.eu\/odr\/\" target=\"_blank\" rel=\"noopener\">https:\/\/webgate.ec.europa.eu\/odr\/<\/a>.<br><br><strong>Article 24 \u2013 Applicable law<\/strong><br>These general conditions are subject to the application of French law. The competent court is the judicial court. This is the case for the substantive rules as well as the formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.<br><br><strong>Article 25 \u2013 Protection of personal data<\/strong><br><strong>Data collected\u00a0<\/strong>The personal data collected on this site are as follows:<br><strong>- account opening :\u00a0<\/strong>when creating the user account, their name; first name ; email address ; Phone Number ; address ;\u00a0<strong>\u2013 connection:\u00a0<\/strong>when the user connects to the website, the latter records, in particular, their first and last name, connection data, usage data, location data and payment data;<br><strong>- profile :\u00a0<\/strong>the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;<strong>- payment :\u00a0<\/strong>as part of the payment for the products and services offered on the website, it records financial data relating to the user&#039;s bank account or credit card;<br><strong>- communication :\u00a0<\/strong>when the website is used to communicate with other members, data concerning the user&#039;s communications are subject to temporary retention;<br><strong>- Cookies :<\/strong>\u00a0Cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings.<br><strong>Use of personal data\u00a0<\/strong>The purpose of the personal data collected from users is to provide the website&#039;s services, their improvement and the maintenance of a secure environment. More precisely, 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 according to the user&#039;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 of commercial information and advertising, based on user preferences.<br><strong>Sharing personal data with third parties<\/strong><br>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 the website of a third party to access his data; - when the website uses the services of service providers to provide user support, 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 accordance with the provisions of the applicable regulations on the protection of personal data. personal; - if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and judicial procedures; - if the website is involved in a merger operation , 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.<br><strong>Security and Privacy<\/strong><br>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.<br><strong>Implementation of user rights<\/strong><br>In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@obd-diag.fr.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&#039;s identity in order to verify its accuracy. the right of rectification: if the personal data held by the website is inaccurate, they can request the information to be updated. the right of deletion of data: users can request the deletion of their personal data, in accordance with to 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.<br><strong>Evolution of this clause<\/strong><br>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 website will also inform users of the modification by email, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.<br><br><br><strong>Annex :\u00a0<\/strong><br><strong>Withdrawal form\u00a0<\/strong>(to be completed by the consumer, and sent by registered letter with acknowledgment of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)<br><br><strong>Withdrawal form<\/strong><br>Attention: obd-diag <br>situ\u00e9e \u00e0 :\u00a0<br>n\u00b0 de t\u00e9l\u00e9phone :\u00a0<br>email address: contact@obd-diag.fr<br>I hereby notify you of my withdrawal from the contract relating to\u2026\u2026\u2026\u2026\u2026\u2026\u2026, ordered on:\u00a0\u00a0<em>&#8230;&#8230;&#8230;<\/em><br>First and last name of the consumer:\u00a0<em>&#8230;&#8230;&#8230;&#8230;&#8230;..<\/em>Consumer address:\u00a0<em>&#8230;&#8230;&#8230;&#8230;&#8230;..<\/em><br>Date :\u00a0<em>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/em><br>Consumer signature<br><br><br><strong>Annex :<\/strong><br><strong>Consumer Code<\/strong><br><strong>Article L. 217-4\u00a0<\/strong>: \u201cThe seller delivers goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or was carried out under his responsibility.\u201d<br><strong>Article L. 217-5\u00a0<\/strong>: \u201cThe good complies with the contract: 1\u00b0 If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that this has been 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, particularly in advertising or labeling; 2\u00b0 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 the latter has accepted.&quot;<br><strong>Article L. 217-6\u00a0<\/strong>: \u201cThe 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\u201d.<br><strong>Article L. 217-7\u00a0<\/strong>: \u201cDefects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six month.The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.\u201d<br><strong>Article L. 217-8\u00a0<\/strong>: \u201cThe 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.\u201d<br><strong>Article L. 217-9\u00a0<\/strong>: \u201cIn 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&#039;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.\u201d<br><strong>Article L. 217-10\u00a0<\/strong>: \u201cIf repair and replacement of the goods are impossible, the buyer can 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\u00b0 If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer&#039;s complaint; 2\u00b0 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.\u201d<br><strong>Article L. 217-11\u00a0<\/strong>: The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages.<br><strong>Article L. 217-12\u00a0<\/strong>: \u201cThe action resulting from the lack of conformity is prescribed two years from the delivery of the goods.\u201d<br><strong>Article L. 217-13\u00a0<\/strong>: \u201cthe provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which he is recognized by law.\u201d<br><strong>Article L. 217-14\u00a0<\/strong>: \u201cThe recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.<br><strong>Article L. 217-15\u00a0<\/strong>: \u201cThe 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 the provision of any other service in relation with 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.\u201d<br><strong>Article L. 217-16\u00a0<\/strong>: \u201cWhen 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 repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the good in question, if this provision is subsequent to the request for intervention.\u201d<br><strong>Civil Code<\/strong><br><strong>Section 1641\u00a0<\/strong>: \u201cThe 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 about them.\u201d<br><strong>Article 1648\u00a0<\/strong>: \u201cThe action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.<\/td><\/tr><\/tbody><\/table><\/figure>","protected":false},"excerpt":{"rendered":"<p>Conditions G\u00e9n\u00e9rales de Ventes de produits en ligne \u00e0 des consommateurs particuliers\u00a0IMPORTANTToute commande pass\u00e9e sur le Site implique obligatoirement l\u2019acceptation sans r\u00e9serve du Client des pr\u00e9sentes Conditions G\u00e9n\u00e9rales de Vente.\u00a0Conditions g\u00e9n\u00e9rales de vente\u00a0\u00a0de produits\u00a0en ligne \u00e0 des consommateurs particuliers Pr\u00e9ambule\u00a0Les pr\u00e9sentes conditions g\u00e9n\u00e9rales de vente s&#8217;appliquent \u00e0 toutes les ventes conclues sur le site Internet\u00a0obd-diag.Le 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