GENERAL TERMS AND CONDITIONS OF SALE
- Preamble — Identification of the Seller
- Article 1 — Purpose and scope
- Article 2 — Formation of the contract — Orders
- Article 3 — Prices
- Article 4 — Terms of payment
- Article 5 — Late or non-payment
- Article 6 — Retention of title
- Article 7 — Delivery and transfer of risk
- Article 8 — Products and technical specifications
- Article 9 — Guarantees
- Article 10 — Take-back, end of life and environmental commitment
- Article 10bis — Buy-back of second-hand equipment
- Article 11 — Liability
- Article 12 — Force majeure
- Article 13 — Intellectual property
- Article 14 — Protection of personal data
- Article 15 — Confidentiality
- Article 16 — Termination of the contract
- Article 17 — Disputes — Governing law — Jurisdiction
- Article 18 — Miscellaneous provisions
- Article 19 — Express acceptance
- Appendix 1 — Specific provisions for consumers (B2C)
Preamble — Identification of the Seller
DG Spare Parts is a trade name operated by:
DG SYSTEME, a simplified joint-stock company (Société par Actions Simplifiée, SAS)
Share capital: 4 000 €
Registered office: 506 route de Draguignan, 83510 Lorgues
SIRET: 510 348 006 00030
RCS: Draguignan
Intra-community VAT No.: FR07510348006
APE code: 4666Z
Telephone: +33 (0)9 80 51 35 22
Email: contact@dg-spare-parts.com
Website: dg-spare-parts.com
Legal representative: its Chairman in office
In these General Terms and Conditions of Sale (hereinafter "the GTCS"), the following terms are used:
- "The Seller" or "DG Spare Parts" means the company DG SYSTEME, SAS, operating the trade name DG Spare Parts.
- "The Buyer" or "the Customer" means any natural or legal person placing an order on the website dg-spare-parts.com.
- "The Site" means the website accessible at dg-spare-parts.com.
Article 1 — Purpose and scope
1.1 — Scope
These GTCS govern all sales of new, reconditioned or second-hand spare parts, reconditioned equipment, technical consumables and accessories for large-format printers and plotters (hereinafter "the Products") carried out by the Seller via the Site.
1.2 — Unreserved acceptance
Any order placed on the Site implies the Buyer's full and unreserved acceptance of these GTCS, to the exclusion of any other document, and in particular of any of the Buyer's general terms and conditions of purchase, save with the Seller's prior written agreement.
1.3 — Availability
The GTCS may be consulted at any time on the Site. They may also be provided on simple request by email or postal mail.
1.4 — Mixed clientele
The Seller addresses a clientele composed mainly of professionals (B2B). However, consumers within the meaning of the introductory article of the French Consumer Code (Code de la consommation) may also place orders. The specific provisions applicable to them are set out in Appendix 1 — Specific B2C provisions.
Article 2 — Formation of the contract — Orders
2.1 — Online ordering process
The order is placed exclusively via the Site, according to the following process: selection of the Products, addition to the basket, review of the order, acceptance of the GTCS by ticking a box, choice of payment method and final confirmation of payment. The order is definitively registered only after confirmation of full payment or of the deposit provided for in Article 4.
2.2 — Order confirmation
A confirmation email is sent to the Buyer as soon as possible, summarising the Products ordered, the price, the delivery terms and an order number. This email constitutes proof of the transaction.
2.3 — Availability of Products
Product offers are valid within the limit of available stocks. Should a Product become unavailable after the order has been placed, the Seller shall inform the Buyer within two (2) business days and offer, at the Buyer's choice: a substitute product of equivalent quality and price, or a refund of the unavailable item(s). The remainder of the order remains firm and is processed normally.
2.4 — Special orders
Orders for specific spare parts not listed in the catalogue are subject to a prior quotation. Such orders are firm and final upon acceptance of the quotation and may not be cancelled.
Electronic signature (eIDAS): In accordance with Regulation (EU) No 910/2014 and Articles 1366 and 1367 of the French Civil Code (Code civil), the Buyer's validation of the order via the online ordering process (ticked box + payment confirmation) constitutes an electronic signature amounting to full and unreserved acceptance of these GTCS, with a timestamp.
Article 3 — Prices
3.1 — Statement of prices
The prices of the Products are stated in euros, excluding tax (HT). The amount of the applicable VAT and the total amount including all taxes (TTC) are calculated and displayed upon validation of the basket. Shipping costs are indicated separately before confirmation of the order.
3.2 — Applicable prices
The prices displayed on the Site are liable to change at any time. The Products are invoiced on the basis of the rate in force at the time the order is validated.
3.3 — Taxes and duties
For deliveries outside mainland France, any customs duties, local taxes and import charges are borne exclusively by the Buyer. The Seller cannot be held liable for the amount of such taxes or for any change thereto.
3.4 — Incoterms
Unless otherwise stated on the order confirmation, sales are concluded DAP (Delivered at Place, Incoterms® 2020). The Seller assumes the risks related to transport until effective delivery to the address indicated by the Buyer, in accordance with Article 7 of these GTCS.
Article 4 — Terms of payment
4.1 — Full payment in cash
The price is payable in cash, in full (100%), at the time the online order is placed. No order is registered or processed without prior payment in full. Shipment of the Products is subject to actual collection of the full price.
4.2 — Accepted means of payment
The Seller accepts the following means of payment: bank card (Visa, Mastercard), PayPal, bank transfer. In the case of payment by bank transfer, the order is processed only upon actual receipt of the funds in the Seller's account.
4.3 — Payment security
Bank card transactions are secured by the SSL protocol and the 3D Secure system. The Seller does not retain any of the Buyer's bank details.
4.4 — Allocation of payments
Where several invoices are due, payments are allocated in order of seniority, then to the charges, the late-payment penalties and finally the principal.
Article 5 — Late or non-payment
Public-policy provisions: The clauses below apply as of right in accordance with Articles L.441-10 and D.441-5 of the French Commercial Code (Code de commerce), without any formal notice being required.
5.1 — Late-payment penalties
Any late payment automatically entails, without prior formal notice, the application of late-payment penalties calculated on the basis of the refinancing key rate of the European Central Bank (ECB) in force on the first day of the calendar half-year concerned, increased by ten (10) percentage points. This rate may in no case be lower than three (3) times the legal interest rate in force (Article 1231-6 of the French Civil Code).
5.2 — Fixed recovery indemnity
In accordance with Article D.441-5 of the French Commercial Code, any sum unpaid on its due date automatically gives rise to the payment of a fixed indemnity of forty (40) euros per invoice for recovery costs. Where the recovery costs actually incurred exceed this amount, the Seller reserves the right to claim additional compensation on production of supporting documents.
5.3 — Penalty clause
In the event of total or partial non-payment on the due date, the Buyer shall be liable, in addition to the late-payment penalties, for a fixed indemnity equal to fifteen per cent (15%) of the pre-tax (HT) amount of the unpaid debt, with a minimum of one hundred and fifty (150) euros excluding tax (HT), by way of a penalty clause (Article 1231-5 of the French Civil Code).
5.4 — Suspension and acceleration
The Seller reserves the right to suspend any order in progress and to render immediately payable all sums due, whatever their initial due date, in the event of a late payment recorded on any invoice whatsoever.
Article 6 — Retention of title
In accordance with Articles 2367 et seq. of the French Civil Code (Code civil) and with Law No 80-335 of 12 May 1980, the Seller retains ownership of the Products sold until payment of the price in full, in principal, interest and charges. The transfer of ownership is therefore suspended until the price has been fully collected by the Seller.
In the event of total or partial non-payment, the Seller may reclaim the Products within three months of delivery. The Buyer undertakes not to pledge, charge, sub-let or resell the Products for as long as the price has not been paid in full.
The Buyer undertakes to insure the delivered Products against all risks (theft, fire, water damage) as soon as they are received, and to inform the Seller of any insolvency proceedings brought against it, within 48 hours.
Article 7 — Delivery and transfer of risk
7.1 — Delivery terms
The Products are shipped to the delivery address indicated by the Buyer when placing the order. The Seller arranges shipment via the following carriers: Chronopost, La Poste, or any other carrier of its choice. The Seller delivers worldwide, subject to feasibility by its partner carriers.
7.2 — Delivery times
Delivery times are given for guidance only. The maximum delivery time is thirty (30) days from confirmation of the order, save by special agreement. A reasonable overrun of the indicative time may not give rise to cancellation of the order or to damages, unless the time was stipulated as an essential condition.
7.3 — Transfer of risk
In accordance with the DAP term (Incoterms® 2020), the transfer of risk takes place at the moment the Products are made available at the agreed delivery address. Until that point, the risks of loss or deterioration of the Products during transport are borne by the Seller.
7.4 — Reservations with the carrier
The Buyer is required to check the condition of the parcels upon receipt and to make any precise, reasoned and complete reservations with the carrier by registered letter with acknowledgement of receipt within three (3) business days following delivery, in accordance with Article L.133-3 of the French Commercial Code. A copy of such reservations must be sent simultaneously to the Seller by email to contact@dg-spare-parts.com.
7.5 — Partial deliveries
The Seller reserves the right to make partial deliveries, in particular where the Products become available on a staggered basis. Each partial delivery is invoiced separately.
7.6 — Out-of-gauge shipments (parcels over 30 kg)
Where the total weight or bulk of the order exceeds thirty (30) kilograms, the shipment falls outside the rate card of the Seller's partner carriers. The shipping cost cannot then be determined in advance: it varies with the destination, the weight, the volume and the carrier used. By way of derogation from Article 6, the following terms apply:
- the amount paid at the time of the order covers the price of the Products only, excluding any shipping cost; shipping costs displayed as €0.00 constitute neither free shipping nor any undertaking by the Seller to bear the cost of carriage;
- shipping is the subject of a separate quotation, sent to the Buyer within twenty-four (24) business hours of the order;
- the shipment is handled by the Seller; it is dispatched only after actual payment of the shipping costs by the Buyer;
- failing payment of those costs within thirty (30) days of the quotation being sent, the Seller may, at the Buyer's option, keep the Products available for collection on site or refund in full the sums paid.
The Buyer acknowledges having been informed of these terms before validating the order, by a warning displayed when selecting the shipping method and repeated in the order confirmation e-mail.
Article 8 — Products and technical specifications
8.1 — Description of the Products
The Seller endeavours to present the Products with the greatest accuracy. However, the photographs, illustrations, descriptions and technical data sheets appearing on the Site are provided for guidance only and cannot contractually bind the Seller. The Seller reserves the right to modify the characteristics of its Products as part of the continuous improvement of its offering.
8.2 — Product categories
The Products marketed on the Site fall into five categories:
- Reconditioned equipment: large-format printers, plotters or cutting tables restored to working order by the Seller's technical teams;
- New original spare parts (OEM): parts manufactured by the machine's manufacturer;
- Reconditioned spare parts: second-hand parts restored to working order by the Seller's technical teams;
- Second-hand spare parts: parts obtained from the dismantling of machines, sold as is;
- Technical consumables: inks, printheads, cutting blades and other wear parts.
8.3 — Professional use
The Products are intended for professional use in connection with the maintenance of large-format printers and plotters. The Buyer undertakes to comply with the manufacturer's instructions and with the technical recommendations provided by the Seller.
Article 9 — Guarantees
9.1 — Manufacturer's warranty (new OEM parts)
New original spare parts (OEM) benefit from the warranty granted by the manufacturer, according to the conditions and duration provided by the latter. The Seller acts as an intermediary for the implementation of this warranty.
9.2 — Seller's guarantee (reconditioned equipment and parts)
Reconditioned equipment (printers, plotters, cutting tables) as well as spare parts reconditioned by the Seller's technical teams benefit from a guarantee of three (3) months from the delivery date, unless otherwise stated on the product data sheet or the quotation. This guarantee covers reconditioning defects and malfunctions occurring under normal conditions of use.
9.3 — Consumables
Consumables (inks, cutting blades, etc.) are guaranteed against apparent defects within eight (8) days following delivery. After this period, no claim in respect of apparent defects shall be admissible.
9.4 — Printheads
Printheads are considered consumables within the meaning of these GTCS, whatever their unit value. They are guaranteed against apparent defects within eight (8) days. No guarantee as to service life is granted, the longevity of a printhead depending on multiple factors (quality of inks, maintenance, environmental conditions).
9.5 — Grounds for exclusion of guarantee
Excluded from the benefit of the guarantee is any damage resulting from:
- use not in accordance with the manufacturer's specifications or the Seller's recommendations;
- a lack of upkeep or maintenance;
- intervention by third parties not authorised by the Seller;
- an accident, an impact, an electrical power surge or a casualty event;
- the normal wear of parts and consumables.
9.6 — Implementation of the guarantee
Any guarantee claim must be notified in writing (email to contact@dg-spare-parts.com) together with the order number, a description of the defect observed and any photographic evidence. The Product returned under guarantee must be sent back in its original packaging, complete and in a condition allowing its technical verification. Any product returned without its original packaging, unsealed or showing signs of improper use may have its guarantee cover refused. The Seller shall decide, at its choice, on the replacement, repair or refund of the defective Product.
Article 10 — Take-back, end of life and environmental commitment
10.1 — Commercial returns
Outside the guarantee, any return of a Product is subject to the Seller's prior written agreement. The return request must be made within fourteen (14) days following receipt. Return costs are borne by the Buyer. Returned Products must be in their original condition, complete and in their original packaging.
10.2 — WEEE obligation
WEEE regulations: In accordance with Article L.541-10-20 of the French Environmental Code (Code de l'environnement) and Articles R.543-172 et seq., the Seller provides for the free take-back, on a one-for-one basis, of any used electrical and electronic equipment (WEEE) of a type equivalent to that sold. The Buyer may exercise this right upon delivery of the new equipment or by making an appointment with the Seller.
The Seller directs the WEEE collected to the treatment channels approved by the competent eco-organisations and ensures the traceability of the collection, dismantling and recovery operations.
10.3 — ISO 14001 commitment
The Seller is engaged in a continuous-improvement approach compliant with the ISO 14001:2015 standard. This commitment is reflected in particular by:
- the prioritisation of reconditioning and reuse over destruction;
- the selection of suppliers incorporating environmental criteria;
- the maximum material recovery of end-of-life parts;
- the reduction of packaging and the use of recycled or recyclable materials;
- the monitoring of indicators of environmental performance (recovery rate, waste volume, reuse/destruction ratio).
Article 10bis — Buy-back of second-hand equipment
10bis.1 — Principle
The Seller may offer the Buyer the buy-back of second-hand large-format printing or cutting equipment (printers, plotters, cutting tables, peripheral equipment). This buy-back forms part of the Seller's circular-economy approach and of its ISO 14001 commitment in favour of reuse and reconditioning.
10bis.2 — Buy-back conditions
The buy-back of equipment is subject to the following cumulative conditions:
- the Buyer sends the Seller a written request (email to contact@dg-spare-parts.com) including a description of the equipment, its make, its model, its year of commissioning and its general condition;
- the Seller carries out a technical assessment of the equipment, remotely or on site, in order to determine its buy-back value;
- the buy-back price is determined freely by the Seller on the basis of this technical assessment and communicated to the Buyer in the form of a written proposal;
- the buy-back becomes effective only after written acceptance by both parties and, where applicable, after physical inspection of the equipment on the Seller's premises.
10bis.3 — Transfer of ownership and payment
The transfer of ownership of the bought-back equipment takes place upon signature of the buy-back agreement by both parties. Payment of the buy-back price is made by bank transfer within thirty (30) days following the actual receipt of the equipment on the Seller's premises and verification of its conformity with the description provided by the Buyer.
10bis.4 — Reservation
The Seller reserves the right to refuse any buy-back of equipment, without having to give reasons for its decision. The buy-back of equipment does not constitute an obligation on the part of the Seller and may not be imposed by the Buyer.
Article 11 — Liability
11.1 — Limitation to direct damage
The Seller's liability is strictly limited to direct and foreseeable damage resulting from a proven breach of its contractual obligations.
11.2 — Exclusion of indirect damage
The Seller cannot under any circumstances be held liable for indirect damage, such as in particular: loss of operations, loss of turnover, loss of data, loss of clientele, commercial prejudice, damage to brand image, cost of acquiring a substitute product.
11.3 — Liability cap
In any event, the Seller's total liability in respect of a given order is capped at the pre-tax (HT) amount actually collected for that order.
11.4 — Insurance
The Seller declares that it has taken out professional civil liability insurance with a notoriously solvent company, covering the pecuniary consequences of its civil liability in respect of its activities.
Article 12 — Force majeure
12.1 — Definition
Events which are unforeseeable, irresistible and beyond the parties' control within the meaning of Article 1218 of the French Civil Code (Code civil), rendering it impossible for the Seller to perform its contractual obligations, are considered cases of force majeure.
12.2 — Non-exhaustive cases
The following are in particular considered cases of force majeure, without this list being exhaustive: natural disasters, fires, floods, storms, epidemics, pandemics, wars, armed conflicts, riots, general or sector-wide strikes, transport blockages, energy supply interruptions, cyberattacks, governmental or administrative decisions, embargoes, shortages of raw materials.
12.3 — Effects
The party affected by a case of force majeure shall inform the other party in writing within ten (10) business days of its occurrence. Performance of the obligations is suspended for the entire duration of the force majeure event. If the suspension continues beyond sixty (60) days, either party may terminate the contract as of right, by written notice, without indemnity on either side.
Article 13 — Intellectual property
13.1 — Seller's property
All the elements of the Site (texts, photographs, technical data sheets, databases, logos, trade marks, domain names, software) are the exclusive property of the Seller or its partners and are protected by the French Intellectual Property Code (Code de la propriété intellectuelle, Articles L.335-2 et seq.). Any reproduction, representation, modification or exploitation, in whole or in part, of these elements is strictly prohibited without the Seller's prior written authorisation.
13.2 — Technical data and files
The technical documentation, ICC profiles, calibration files or any other digital media provided by the Seller are granted under a non-exclusive, non-transferable licence of use, limited to the Buyer's own needs. The Seller retains the technical files for a period of twelve (12) months from the last order.
Article 14 — Protection of personal data
GDPR compliance: The Seller processes the Buyer's personal data in strict compliance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and with Law No 78-17 of 6 January 1978 as amended (French Data Protection Act, "loi Informatique et Libertés").
14.1 — Data controller
The data controller is the company DG SYSTEME, SAS, whose contact details appear in the Preamble to these GTCS.
14.2 — Purposes and legal bases
Personal data are collected and processed for the following purposes:
- Performance of the contract (Art. 6.1.b GDPR): order processing, delivery, invoicing, after-sales service, management of the customer account;
- Legal obligation (Art. 6.1.c GDPR): retention of invoices, tax and accounting obligations;
- Legitimate interest (Art. 6.1.f GDPR): fraud prevention, improvement of the Site, traffic statistics;
- Consent (Art. 6.1.a GDPR): sending of newsletters and commercial communications (withdrawable at any time).
14.3 — Retention periods
Data relating to the customer account and orders are retained for the duration of the commercial relationship. Invoices and accounting records are retained for ten (10) years in accordance with Article L.123-22 of the French Commercial Code. Quotations not followed by an order are retained for one (1) year. Connection data (logs) are retained for twelve (12) months in accordance with the regulations in force. Details of retention periods are set out in the Privacy Policy.
14.4 — Recipients
Personal data may be transmitted to the Seller's processors (host, payment service providers, carriers) strictly to the extent necessary for the performance of the order. The Seller neither sells nor rents its customers' personal data to third parties.
14.5 — Rights of individuals
In accordance with Articles 15 to 22 of the GDPR, the Buyer has the following rights over his personal data:
- Right of access — to obtain confirmation that his data are being processed and to obtain a copy thereof;
- Right of rectification — to request the correction of inaccurate or incomplete data;
- Right to erasure ("right to be forgotten") — to request the deletion of his data;
- Right to restriction of processing — to request the suspension of processing;
- Right to portability — to receive his data in a structured, machine-readable format;
- Right to object — to object to processing on legitimate grounds;
- Right to withdraw consent — to withdraw his consent at any time for processing based on it.
These rights are exercised by email to contact@dg-spare-parts.com or by postal mail to the address of the registered office, together with a copy of proof of identity.
14.6 — Complaint
The Buyer has the right to lodge a complaint with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés, CNIL) — www.cnil.fr.
14.7 — Privacy Policy
All information relating to the processing of personal data (purposes, legal bases, categories of data, recipients, transfers outside the European Union, retention periods, rights and how to exercise them) is detailed in the Privacy Policy available on the Site.
Article 15 — Confidentiality
Each party undertakes to treat as confidential all technical, commercial and financial information exchanged in connection with the contractual relationship, and not to disclose it to third parties without the prior written authorisation of the other party.
This confidentiality obligation survives for the entire duration of the commercial relationship and for a period of five (5) years after its termination, except for information that has entered the public domain otherwise than through the fault of the receiving party.
By way of exception, the Seller is authorised to cite the Buyer's name as a commercial reference, unless the latter objects in writing within thirty (30) days following the first order.
Article 16 — Termination of the contract
16.1 — Termination for breach
In the event of a serious breach by either party of any of its essential obligations under these GTCS, the other party may, after a formal notice that has remained unheeded for a period of fifteen (15) days sent by registered letter with acknowledgement of receipt, terminate the order concerned as of right, in accordance with Article 1226 of the French Civil Code.
16.2 — Serious breaches
The following are in particular considered serious breaches: total or partial non-payment, infringement of the Seller's intellectual property rights, fraudulent use of the Site, the provision of false information when placing the order.
16.3 — Effects
In the event of termination attributable to the Buyer, the sums already paid remain acquired by the Seller by way of indemnity, without prejudice to any damages. In the event of termination attributable to the Seller, the latter shall refund the sums paid for the Products not delivered.
Article 17 — Disputes — Governing law — Jurisdiction
17.1 — Governing law
These GTCS and all the contractual relations between the Seller and the Buyer are exclusively governed by French law. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 11 April 1980) is expressly excluded.
17.2 — Amicable resolution
In the event of a dispute, the parties undertake to seek an amicable solution within thirty (30) days from the written notification of the dispute by either party.
17.3 — Competent court (B2B)
Failing amicable resolution, and for disputes between professionals, the Commercial Court of Draguignan shall have sole jurisdiction, notwithstanding a plurality of defendants or a claim for indemnity, including for urgent proceedings, protective measures, interim relief or ex parte applications.
17.4 — Competent court (B2C)
For disputes involving a consumer, jurisdiction is determined in accordance with Article R.631-3 of the French Consumer Code (Code de la consommation). The consumer may bring the matter, at his choice, before the court of the place of his residence or that of the Seller's registered office.
Article 18 — Miscellaneous provisions
18.1 — Partial invalidity
If any of the clauses of these GTCS is declared void or inapplicable by a court decision that has become final, the other clauses shall retain their full effect. The parties undertake to replace the void clause with a valid clause having an equivalent economic and legal effect.
18.2 — No waiver
The fact that the Seller does not exercise, at a given time, any of its rights under these GTCS may not be interpreted as a waiver of the right to assert that right at a later date.
18.3 — Modification of the GTCS
The Seller reserves the right to modify these GTCS at any time. The applicable GTCS are those in force on the day the Buyer places the order. Any modification is the subject of an update on the Site with an indication of the date of entry into force.
18.4 — Non-assignment
The Buyer may not assign the rights and obligations arising from these GTCS to a third party without the Seller's prior written agreement.
18.5 — Entire-agreement clause
These GTCS and the annexed contractual documents (order confirmation, invoice) constitute the entire agreement between the parties and replace all prior agreements, negotiations or communications, whether written or oral.
18.6 — Online acceptance (eIDAS)
Electronic signature: In accordance with Regulation (EU) No 910/2014 (eIDAS) and Articles 1366 and 1367 of the French Civil Code (Code civil), the Buyer's validation of the order (ticking the box "I accept the General Terms and Conditions of Sale" + payment confirmation) constitutes a simple electronic signature amounting to full and unreserved acceptance of these GTCS. The timestamp of the transaction is authoritative as to the date of acceptance. The Seller retains an audit trail (IP address, date, time, customer identifier) for the retention period of the commercial data.
Article 19 — Express acceptance
The Buyer acknowledges having read these General Terms and Conditions of Sale prior to placing his order and accepts them expressly and without reservation. The Buyer's validation of the order constitutes irrevocable acceptance of these GTCS, in accordance with the terms described in Article 18.6.
Appendix 1 — Specific provisions for consumers (B2C)
The following provisions apply exclusively to Buyers who qualify as consumers within the meaning of the introductory article of the French Consumer Code (Code de la consommation), that is to say any natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, professional or agricultural activity. These provisions supplement the articles of the GTCS and prevail over them in the event of contradiction.
A1 — Right of withdrawal
A1.1 — Principle
In accordance with Articles L.221-18 et seq. of the French Consumer Code (Code de la consommation), the consumer has a right of withdrawal which he may exercise within fourteen (14) calendar days from the physical receipt of the Product by the consumer or by a third party designated by him (other than the carrier). This right is exercised without having to give reasons and without incurring penalties, with the exception of the return costs provided for below.
A1.2 — How to exercise it
To exercise his right of withdrawal, the consumer must notify the Seller of his decision by means of an unambiguous declaration. He may use the model withdrawal form appearing in section A4 of this appendix, or send any other written statement clearly expressing his wish to withdraw. This notification must be sent by email to contact@dg-spare-parts.com or by postal mail to the address of the Seller's registered office, before the expiry of the fourteen-day period.
A1.3 — Return of the Products
The consumer must return the Products to the Seller within a maximum period of fourteen (14) days following notification of his decision to withdraw. The Products must be returned in their original packaging, complete (accessories, instructions, cables), unused and in perfect resalable condition. The direct costs of returning the Products are borne exclusively by the consumer. The Seller reserves the right to deduct from the refund a sum corresponding to the depreciation of the Product where such depreciation results from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
A1.4 — Exceptions to the right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code (Code de la consommation), the right of withdrawal may not be exercised for the following categories of Products:
- Products made to the consumer's specifications or clearly personalised (bespoke spare parts, special configurations);
- Products liable to deteriorate or expire rapidly;
- Products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (for example: opened ink cartridges, consumables whose sealed packaging has been removed).
A1.5 — Refund
In the event of a valid exercise of the right of withdrawal, the Seller refunds all the sums paid by the consumer, including the initial delivery costs (at the least costly standard rate offered by the Seller). This refund takes place within a maximum period of fourteen (14) days from the date on which the Seller is informed of the decision to withdraw, it being specified that the Seller may defer the refund until the actual receipt of the returned Products or until the consumer has provided proof of their dispatch (the date used being the later of the two). The refund is made using the same means of payment as that used by the consumer for the initial order, unless the consumer expressly agrees to another means.
A2 — Legal guarantees
A2.1 — Legal guarantee of conformity
In accordance with Articles L.217-3 et seq. of the French Consumer Code (Code de la consommation), the consumer benefits from the legal guarantee of conformity for any Product purchased from the Seller. This guarantee applies for a period of two (2) years from the delivery of the Product. Throughout this twenty-four (24) month period, the lack of conformity is presumed to have existed at the time of delivery of the Product, unless proven otherwise by the Seller. In the event of a proven lack of conformity, the consumer chooses between the repair and the replacement of the Product. If the repair and replacement of the Product prove impossible or entail disproportionate costs, the consumer may obtain a proportionate reduction of the price or the full rescission of the contract of sale.
A2.2 — Guarantee against latent defects
In accordance with Articles 1641 to 1649 of the French Civil Code (Code civil), the Seller is bound by the guarantee against latent defects. A latent defect is a defect not apparent at the time of sale which renders the Product unfit for the use for which it is intended, or which so diminishes such use that the Buyer would not have acquired it, or would have paid only a lower price for it, had he known of it. The consumer has a period of two (2) years from the discovery of the defect to bring the guarantee action. He may then choose between rescission of the sale (return of the Product against a full refund) or a reduction of the sale price (the Product being retained).
A3 — Consumer mediation
A3.1 — Principle and procedure
In accordance with Articles L.611-1 et seq. of the French Consumer Code (Code de la consommation), every consumer has the right to make free use of a consumer mediator with a view to the amicable resolution of a dispute between him and the Seller. Before referring the matter to the mediator, the consumer must first have attempted to resolve his dispute directly with the Seller by means of a written complaint (email to contact@dg-spare-parts.com). In the event of an unsatisfactory response or of no response within a period of two months, the consumer may refer the matter to the mediator designated below:
Designated mediator: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice — 14 rue Saint-Jean de Beauregard, 91400 Gometz-le-Châtel — www.cm2c.net — Registered on the list of mediators notified by the CECMC (Commission d'Évaluation et de Contrôle de la Médiation de la Consommation).
A3.2 — European online dispute resolution platform
A consumer residing in the European Union may also use the online dispute resolution (ODR) platform set up by the European Commission in accordance with Regulation (EU) No 524/2013. This platform is accessible at the following address: https://ec.europa.eu/consumers/odr
A4 — Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: DG SYSTEME SAS — DG Spare Parts
506 route de Draguignan — 83510 Lorgues
Email: contact@dg-spare-parts.com
I/We (*) hereby notify (*) you of my/our (*) withdrawal from the contract for the sale of the following good(s) (*):
— Reference(s) and description of the product(s): ______________________________
— Ordered on: ___/___/______ — Received on: ___/___/______
— Order number: ______________________________
— Name of the consumer(s): ______________________________
— Address of the consumer(s): ______________________________
— Date: ___/___/______
— Signature of the consumer(s) (only in the case of notification on paper):
(*) Delete as appropriate.
Version history
| Version | In force from | Subject of the change |
|---|---|---|
| 1.3 | 19 August 2026 | Addition of article 7.6 « Out-of-gauge shipments (parcels over 30 kg) »: shipping is not included in the order total, it is quoted separately and the shipment is only dispatched once it has been paid. Update of the list of carriers in article 7.1. |
| 1.2 | 25 June 2026 | Previous version. |
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GTCS DG Spare Parts — v1.3 — In force as of 19 August 2026 · DG SYSTEME SAS · SIRET 510 348 006 00030 · VAT FR07510348006 · RCS Draguignan
SP-CMS-v1.3.0-20260819