These General Conditions shall apply between the CLASSIC PARTS FINDER company (simplified joint stock company) headquartered at 149 Avenue du Maine, 75014 Paris (RCS 887987652 B), VAT n° FR 898 879 576 52), hereafter referred to as “CLASSIC PARTS FINDER”, and any person, hereafter referred to as the “Vendor”, that has posted an offer of sale for an item, hereafter referred to as “the Article” on the website https://www.classicpartsfinder.com/, hereafter referred to as “the Website”, or hereafter referred to as the “Buyer”, making a purchase on the Website from a Vendor.
The Website’s purpose is to connect Buyers and Vendors, both professional and non-professional, to allow them to decide on their own whether to proceed with the purchase and sale of a new or used Article offered by the Vendor via a post on the Website that has attracted the Buyer’s interest.
CLASSIC PARTS FINDER reserves the right to modify these Conditions at any time. The General Conditions that apply to a relationship are those that are online the day an order is placed from a Buyer to a Vendor.
Both the Vendor, by posting an offer on the Website, and the Buyer, by placing an order with the Vendor on the Website, acknowledge having read these General Conditions and expressly declare their unreserved acceptance of them. The Vendor as well as the Buyer declare that they have the legal capacity to enter into a contract of sale or purchase through the intermediary of the Website.
Acceptance of these General Conditions by the Vendor and the Buyer shall be deemed an extension of authority to CLASSIC PARTS FINDER to connect the Buyers with the Vendors who have posted an offer on the Site, and to operate all transactions on the Website according to the conditions below.
Any provision to the contrary, no matter when communicated to CLASSIC PARTS FINDER, may not override the General Conditions except with express written acceptance from CLASSIC PARTS FINDER.
Should CLASSIC PARTS FINDER choose not to implement one of these General Conditions, this may in no way be interpreted as a renunciation thereof.
CLASSIC PARTS FINDER agrees to make the Vendors’ offers available on the Website to the Buyers and Vendors, in order to allow for the conclusion of contracts of sale of the Articles. The Buyers and Vendors remain the sole decisionmakers as to the fulfillment of the purchase and sale of Articles.
To this end, the Vendors give express mandate to CLASSIC PARTS FINDER to make the offers in their postings on the Website, available to the Buyers, and to open an individual escrow account for them and on their behalf to hold the sums deposited by the Buyers upon placing an order from a Vendor through the intermediary of the Website.
CLASSIC PARTS FINDER’s sole operation is to connect a Buyer and Seller, and is neither a Buyer or Seller itself, nor a reseller of Articles offered on the Website, none of which shall come into CLASSIC PARTS FINDER’s possession at any time.
The listings posted on the Website are created by the Sellers and they alone are responsible for them. CLASSIC PARTS FINDER may in no way guarantee the sincerity or compliance of listings, and may not guarantee a Buyer’s satisfaction following the conclusion of a transaction with a Vendor through the intermediary of the Website.
CLASSIC PARTS FINDER reviews the listings before they appear online, within 48 hours of a Vendor posting them. If there is a clear error in the title of the listing, CLASSIC PARTS FINDER reserves the right to contact the Vendor to obtain clarification from them, before posting the listing online, which may lead to an additional delay.
CLASSIC PARTS FINDER agrees to process any claim it receives, and in the event of inaccuracy or proven deception, it shall require the Vendor to modify or remove their listing, and in more serious cases, shall automatically remove the listing. A resolution center shall be established to process claims.
The links present on the Website may guide the Buyer to external websites for whose content CLASSIC PARTS FINDER shall be in no way liable.
In order for a Buyer to place an order from a Vendor, or for a Vendor to list an Article for sale, through the intermediary of the Website, the Buyer or Vendor must be at least 18 years old if a natural person, and be legally competent to enter into a contract, and have opened an account beforehand and identified themselves with a username and password of their choice.
Selecting a username is the responsibility of Buyers and Vendors alone, and usernames should not violate the rights of third parties, social mores, or public order. CLASSIC PARTS FINDER may reject certain usernames which do not abide by these requirements, or request their modification.
It is the responsibility of Buyers and Vendors to take the necessary precautions to maintain the confidentiality of their passwords and usernames, and to take the appropriate technical measures to prevent any attempt at intrusion or data capture on their computer system. CLASSIC PARTS FINDER disclaims any responsibility in the event of the use of personal usernames by a third party.
CLASSIC PARTS FINDER recommends regularly changing passwords, and never sharing passwords with a third party.
The Buyers and Vendors assume sole responsibility for the consequences of any errors in the information they communicate when creating their account or fulfilling an order. CLASSIC PARTS FINDER shall in no even be responsible for verifying the accuracy of the information entered by a Buyer or a Vendor.
In addition, professional vendors must provide proof of identity and licensure at the time of their registration, namely: a photocopy of the national ID card (front and back) or unexpired passport of a legal representative of the company, a copy of the documents provided by their county’s trade register office, mentioning their official identification number, and dated less than 3 months old.
If it appears that a Vendor registered as an individual on the Website and is engaging in commercial activity, CLASSIC PARTS FINDER may suspend their account as a precautionary measure, and ask them to identify themselves as a professional on the Website and provide proof of their professional capacity. In the absence of a response, CLASSIC PARTS FINDER may close the account.
CLASSIC PARTS FINDER reserves the right to automatically close an account in the event of proven fraud by its owner, and to reject a Buyer or Vendor’s request to create a new account if they have had an account automatically closed in the last three years.
CLASSIC PARTS FINDER reserves the right to automatically close any Vendor or Buyer account that has remained inactive for at least two consecutive years. In this event, any collected data shall be deleted, subject to what is outlined in article 13 below relating to the protection of personal data.
CLASSIC PARTS FINDER requires that Vendors posting listings on the Website guarantee that any Articles sold via the Website do not infringe on third-party industrial and intellectual property rights, and comply with safety standards and applicable regulations.
Professional vendors are required to adhere to applicable regulations concerning off-premise sales.
The Vendor agrees to update their listings, or delete them if applicable, once an Article is no longer available. Repeated failure to do so may lead to the suspension of the Vendor’s account.
With some exceptions, professional Vendors are required to issue an invoice to be sent with their shipment. In all other cases, both professional and non-professional Vendors are highly advised to include a purchase confirmation.
Order formation
An order is defined as any order placed by a Buyer to a Vendor requesting the delivery of at least one Article offered for sale on the Website by a Vendor.
The only legally binding proof of an order’s content and date shall be the Website’s data logging systems. In the event of fraudulent use of their account, the Buyer or Vendor must inform CLASSIC PARTS FINDER immediately and change their password.
The Buyer is invited to demonstrate their agreement by checking the appropriate box before final confirmation of their order to the Vendor.
The Buyer acknowledges that their acceptance of the Vendor’s offer is extended based on the Vendor’s description of the Article in the listing on the Website, and that CLASSIC PARTS FINDER assumes no responsibility for the content of listings posted by Vendors, and that their acceptance constitutes a binding agreement to enter into a contract with the Vendor based on the offer’s conditions. However, the sale contract is only concluded on the resolutory condition that the ordered Article is available. The confirmation of availability of the Article by the Vendor removes this resolutory condition. In the event the Article is unavailable, the Sale contract concluded between the Client and the Vendor shall be automatically and immediately terminated, and both parties’ obligations legally revoked. Note that in the event of a contract of Sale for multiple Articles, only the contract of Sale for the unavailable Article shall be terminated.
Any order placed on the Website shall be followed by a confirmation e-mail sent by CLASSIC PARTS FINDER to the e-mail address provided by the Buyer.
Order cancellation
No cancellation of an order, in whole or in part, even by letter sent with registered mail by the Buyer, may be accepted without express agreement of the Vendor, and subject to the right of withdrawal granted to Client consumers for orders to be delivered in the E.U., as of the reception of products, pursuant to article L121-21 of the Consumer Code, transposing article 9 of Directive 2011/83/UE of the European Parliament and the Council of October 25.
In the event of cancellation by the Vendor due to unavailability of an Article, the amounts paid by the Buyer shall be reimbursed to them in full, or if applicable, deducted from orders of multiple Articles, to the exclusion of any other payment.
The right of withdrawal only applies to transactions concluded between professional Vendors and Buyer consumers, subject to exclusions laid out in the Consumer code.
Reminder: a consumer is defined as any natural person acting for their own personal needs and not as part of their commercial, industrial, artisanal or liberal activity. All other persons are considered professionals.
Legal texts
Article L221-18 of the Consumer Code (transposing article 9 of Directive 2011/83/EU of the European Parliament and the Council of October 25, 2011)
“The consumer shall have a period of fourteen days to withdraw from a distance contract, following notice given by telephone or off-premise, without giving any reason, and without incurring any costs other than those provided for in articles L. 221-23 to L. 221-25. Any other clause by which a consumer waives their right of withdrawal is null and void.
The withdrawal period referred to in paragraph 1 of this Article shall expire after 14 days from:
1° the day of the conclusion of the contract, in the case of service contracts, and those mentioned in article L.221-4;
2° in the case of sales and service contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods. The consumer may exercise their right of withdrawal as of the conclusion of the contract.
In the case of multiple goods ordered by the consumer in one order and delivered separately, or in the case of delivery of a good consisting of multiple lots or pieces, the day on which the last lot or piece is received.
In the case of contracts for regular delivery of goods during a defined period of time, the day on which the first good is received”.
Terms of withdrawal
Within the period of 14 days from receipt of the order, or of the last of the Articles ordered in the case of multiple goods ordered by the consumer. The Buyer must inform CLASSIC PARTS FINDER of their desire to withdraw in an unambiguous written declaration, via mail, fax, or e-mail, using the standard form provided by the Vendor. The Buyer may exercise this right without giving any reasons.
In the event the Article has not yet been shipped, CLASSIC PARTS FINDER will immediately take the decision of withdrawal into account and inform the Vendor thereof.
In the event the Buyer has already received the Article and/or the Article is already in transit, the Buyer has a period of fourteen (14) days from receipt of the Article to return it to the Vendor, carefully packaged, via the same shipping method with which it was sent.
Any costs associated with the return of the Article shall be the Buyer’s sole responsibility.
Effects of withdrawal
Subject to adherence to this procedure and the deadlines provided, CLASSIC PARTS FINDER shall reimburse the Buyer via the same payment method used by the Buyer when placing the Order, within fourteen (14) days following their decision of withdrawal.
CLASSIC PARTS FINDER may nevertheless decide to defer the reimbursement until the Vendor has recovered the Article or until the Buyer has provided CLASSIC PARTS FINDER with proof of shipment of the Article, with the effective date being whichever of these comes first.
Articles returned following a compliant withdrawal must be intact, and in perfect condition for resale, with their original tags and packaging. They must not be soiled or used, nor have undergone any deterioration whatsoever, and be in a perfect state of cleanliness.
Exclusions to the right of withdrawal
Pursuant to article L.221-28 of the Consumer Code, the right of withdrawal may not be exercised, unless the parties have otherwise agreed, for contracts:
“5° For provision of goods that have been unsealed by the consumer upon delivery, and cannot be returned for reasons of hygiene or health safety;”
The Buyer shall be informed of the absence of the right of withdrawal prior to confirming their order.
The prices listed by the Vendors shall be listed in euros, without shipping costs. VAT, if applicable, shall be calculated based on the current rate at the time the order is placed, prior to confirmation by the Buyer. The shipping costs shall depend on the method selected by the Buyer, and shall be calculated prior to final confirmation of the order by the Buyer.
The price listed on the purchase confirmation by CLASSIC PARTS FINDER is the final price, expressed in euros, including all taxes and VAT if applicable, for France and European Union countries. This price includes the cost of the Articles, the handling, packaging and storage fees, as well as shipping fees.
Payment methods
The Buyer may select a payment type following confirmation of their order.
Payments shall be made exclusively in euros, for the amount billed to the Buyer, corresponding with the price indicated on the purchase confirmation sent by CLASSIC PARTS FINDER.
Payments shall be made exclusively via the payment service STRIPE offered by the company (https://stripe.com).
This service offers a secure payment solution that avoids the need to communicate payment information when placing an order. In this manner, CLASSIC PARTS FINDER does not collect any financial data such as bank account or card numbers.
If you would like to know more about data protection, please see our Privacy Policies.
Payment to vendors
CLASSIC PARTS FINDER is authorized by the Vendors to receive on their behalf the cost of orders placed by Buyers on the Website, and to open an escrow account in their name and on their behalf to hold the amounts collected for this purpose.
CLASSIC PARTS FINDER shall notify the Buyer and Vendor by e-mail of the receipt and collection of the order price, and inform the Client in the e-mail of the means by which the Client may indicate their agreement or disagreement for CLASSIC PARTS FINDER to liberate to the Vendor’s account the Price collected from the Buyer, after deduction of the commissions owed by the Vendor to CLASSIC PARTS FINDER.
The amounts never transit through CLASSIC PARTS FINDER’s accounts. The payments made via the payment service company (STRIPE) after order confirmation are sequestered until the completion of the transaction. STRIPE shall transfer the amount received to the Vendor once the transaction has been approved, by the Buyer confirming that they have received the order. The Vendor then has the option to transfer the amounts to a personal account or retain them in the STRIPE payment service account to pay for other purchases.
Only CLASSIC PARTS FINDER can release a payment from the escrow account to the Vendor, once the Buyer has confirmed to CLASSIC PARTS FINDER that they have safely received the Article as described in the offer, and once the withdrawal period has passed, if applicable.
In the absence of express confirmation from the Buyer, or in the absence of a notification of failure to receive the Article, their agreement shall be deemed to be given following a maximum delay of two weeks following shipment of the order.
Obligation to ship
Once a Buyer has accepted a Vendor’s offer, and the latter has confirmed the availability of the Article on offer, and CLASSIC PARTS FINDER has collected the full Price of the order on behalf of the Vendor, CLASSIC PARTS FINDER shall send the Buyer’s address information to the Vendor. Should the Buyer request it, CLASSIC PARTS FINDER shall provide the Buyer with the professional Vendor’s address information as well.
The Vendor is alone solely responsible for execution of the obligation to ship the ordered Article. The Vendor has agreed with CLASSIC PARTS FINDER to send the Article, properly packaged and protected, within 5 business days following receipt of the Buyer’s address. This period may be exceptionally extended in case of particular difficulty related to the nature of the part, and must in this case be specified in the Vendor’s item description.
Terms
CLASSIC PARTS FINDER strongly advises the Vendor to use a shipping method that allows for tracking, in order to obtain proof of the shipping date and location.
Articles may only be delivered to the address the Buyer has included with their order, or upon their registration on the Website. Both CLASSIC PARTS FINDER and the Vendor disclaim any responsibility in the event the information provided by the Buyer is incorrect, incomplete, or obsolete.
It is the Buyer’s responsibility to ensure that shipments can be received at the address they indicate, on the days and at the times indicated by CLASSIC PARTS FINDER, the Vendor, or the carrier, as the case may be. In the event of absence, it is up to the Buyer to comply with the instructions left by the carrier.
For deliveries outside of metropolitan France, the Buyer agrees to pay any taxes due for importation of articles, customs duties, fees, VAT, and any other taxes due according to law in the country of delivery.
Both CLASSIC PARTS FINDER and the Vendor disclaim any responsibility in the event the Buyer does not pay the taxes and duties owed. It is the Buyer’s responsibility to request a forwarder at their own expense, if necessary.
In the event a package is returned marked as “address incomplete” or “does not live at the address indicated”, the Buyer’s order shall be reimbursed upon its return to the Vendor’s premises, as long as the package is intact.
The amount paid by the Vendor in delivery fees shall be deducted from the reimbursement.
Shipping time
Except for orders placed by Buyer consumers for delivery within the E.U., the shipping times are given for informational purposes only, and depend upon the availability of the Articles ordered.
Shipping times are counted as of the date of order payment, as outlined in article 5 above.
Delays shall not entail any right to compensation or cancellation.
Shipping costs
Shipping costs shall be borne by the Buyer, and are billed in addition to the price of the Articles ordered.
The shipping costs must be indicated prior to order confirmation by the Buyer.
Risk and damage
The Buyer is responsible for verifying the apparent condition of the packages and the Articles at the moment of delivery or receipt.
In the event of any irregularities (damaged packaging, missing, damaged or broken Articles, etc.), the Buyer should reject the delivery from the carrier if the package is signed for, or return the package unopened to the post office if it was delivered directly to their mailbox.
The Buyer should describe the condition of the package in detail on the return slip to explain the rejection, and have the carrier or the receiver co-sign, and inform the Vendor within 72 hours, and open a claim with the resolution center offered on the Website.
Commerce Code, Article L133-3
Receipt of transported items indemnifies the carrier from any damage or partial loss if the recipient has not notified the carrier of a justified objection via extrajudicial document or registered letter within three business days of receipt.
If a request of expertise is not submitted within the time frame given above, pursuant to article L. 133-4, this request shall serve as an objection without the need for proceeding as described in the first paragraph.
Any stipulations to the contrary are null and void. The latter provision does not apply to international transportation.
Consumer Code, Article L.224-65
When a consumer personally receives the transported items and the carrier does not provide proof of having given them the chance to effectively verify their condition, the time frame mentioned in article L. 133-3 of the Commerce code code indemnifying the carrier from any action, shall be extended to ten days.
Claims
Upon receipt of the ordered Article(s), the Buyer is responsible for confirming their compliance with the order, or to file a justified claim. If after two weeks from the date of purchase, no confirmation or claim has been received, the transaction is deemed to be perfect. The transaction is also deemed to be perfect upon receipt of confirmation from the Buyer.
CLASSIC PARTS FINDER agrees to provide free processing of any Client claim following the sale of an Article by a Vendor through the Website. However, CLASSIC PARTS FINDER shall only act as a facilitator in this matter, and shall in no way be considered a substitute for the Vendor in the event of proven failure on the latter’s part. CLASSIC PARTS FINDER shall bear no responsibility in the event the claim does not lead to a resolution.
Any claim relating to an error in the order of the Articles delivered, particularly an incorrect quantity or erroneous reference with regards to the order, must be submitted via the resolution center in the client account on the Website by clicking here
The Buyer is required to retain all items in the condition they were delivered (namely: accessories, external packaging, and internal packaging).
The Vendor is responsible to the Buyer for all legal guarantees of compliance and hidden defects.
Legal texts
Consumer Code, Article L217-4
The Vendor delivers an item pursuant to the contract, and shall be liable for any defects in compliance that exist at the time of delivery.
They shall also be liable for any defects in compliance resulting from the packaging, the assembly instructions, or the installation, should they be the Vendor’s responsibility according to the contract.
Consumer Code, Article L217-5
In order to be compliant with the contract, the item must:
1° Serve the usual purpose for an item of this nature, and, if applicable:
2° Or presented characteristics as mutually agreed upon by the parties, or serve any particular use sought by the buyer, and stated to the vendor, with their agreement.
Consumer Code, Article L217-12
Any litigation arising from a defect in compliance must be undertaken within two years of delivery of the item.
Civil Code, Article 1641
The vendor is required to guarantee the item sold against any hidden defects that render it unsuitable for the intended use, or that diminish this use so greatly that the Buyer would not have purchase it, or would have purchased it at a lower price, had they been aware.
Civil Code, Article 1648, paragraph 1
Litigation arising from critical flaws must be brought by the acquirer within two years from the discovery of the flaw.
Legal guarantee against hidden defects.
The Buyer must provide proof that the defect cited existed prior to the sale, and renders the Articles unsuitable for their intended use. In this event, pursuant to article 1644 of the civil code, the Buyer can choose between a reduction of the price of the Article or cancellation of the sale. In the latter case, the Vendor shall be required to reimburse the Buyer in full.
Litigation for hidden defects must be brought against the Vendor as soon as possible, no later than 2 years following their discovery.
The guarantee does not cover damage caused by the Buyer, particularly following improper or incompatible use or due to an accident occurring after delivery.
Legal guarantee of compliance
Buyer consumers within the E.U. are covered by the legal guarantee of compliance outlined in articles L217-12 to L217-14 of the Consumer Code.
This guarantee must be claimed from the Vendor within two years of receipt of the Article.
Buyer consumers may choose between repair or replacement of the article, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code and the provisions of article L. 217-10 in the event repair or replacement of the Article is impossible.
The Buyer is not required to bring proof of the existence of the Article’s defect in compliance for the six (6) months following delivery of the Article.
The legal guarantee of compliance applies independently of any commercial guarantee offered by the Vendor to the Buyer.
Contractual guarantees
The Vendor may offer the Buyer a contractual guarantee, distinct from the legal guarantees.
In this case, the Vendor must inform the Buyer in detail of the terms and duration of such guarantee in the listing posted on the Website.
Pursuant to article L217-16 of the Consumer Code, the duration of the contractual guarantee for Client consumers within the E.U. shall be extended by the duration of deprivation of the Article if this duration is at least seven days long.
CLASSIC PARTS FINDER shall not intervene in the contractual relationship between the Buyer and the Vendor beyond making the Website available to facilitate connecting the two.
In particular, CLASSIC PARTS FINDER shall not intervene in the capacity of proxy-representative, broker, or agent of either party, and is in no way involved in the contractual relations that may be concluded between the Buyer and the Vendor via the Website or in any other manner, directly or indirectly.
As such, CLASSIC PARTS FINDER may not be held responsible in any way whatsoever for any damage of any nature resulting from this relationship between the Buyer, the Vendor and/or third parties.
CLASSIC PARTS FINDER cannot guarantee that the Vendor’s Article will satisfy the Buyer.
Any conditions and restrictions of use shall be clearly detailed on the information sheet of each Article offered on the Website. It is the Buyer’s sole responsibility to adhere to these conditions of use, particularly but not limited to contraindications, safety rules, and maintenance, and to submit any questions to the Vendor using the contact form available on the Website, before deciding to place an order.
CLASSIC PARTS FINDER disclaims any responsibility for failure to adhere to the conditions of use or maintenance as communicated by the Vendor. It is not CLASSIC PARTS FINDER’s responsibility to assess for a Buyer whether an Article shall meet the latter’s needs, nor an Article’s compliance with applicable regulations in the Buyer’s country of residence. The Buyer should contact the Vendor with any concerns before placing an order.
Listings or item descriptions may sometimes be posted in a language other than English. In this event, the Website user may make use of the available automatic translation tool. However, CLASSIC PARTS FINDER disclaims any responsibility as to the reliability of the translations obtained using this kind of tool, and requests that the User contact the Vendor directly with any concerns, using the integrated messaging system available on the Website to request any specifications they may require.
CLASSIC PARTS FINDER has provided a search tool for Users to find the Article they are seeking more easily. However, this tool is only meant to assist in searching, and CLASSIC PARTS FINDER in no way guarantees the exhaustiveness of results obtained.
All elements of the Website, be they visual, literary, or audio, including any underlying technology, are protected by copyright, trademark or patent.
Similarly, brands, logos, drawings, and models that appear on the Website are the exclusive property of CLASSIC PARTS FINDER or of the Vendors or companies whose Articles are offered for sale on the Site. As such, they may not be used, reproduced, published, downloaded, posted, sent, or distributed under penalty of counterfeiting in any manner whatsoever, without the express, prior authorization of CLASSIC PARTS FINDER or the copyright holders.
The Buyer only has right to personally access and use the Website for informational purposes and for placing orders.
Any uploading or rebroadcasting in any form, even partial, is forbidden. The Buyer also agrees not to implement any automatic data collection means on the Website.
Unless specifically mentioned, the text, visuals and sounds uploaded to the Website are the intellectual property of CLASSIC PARTS FINDER or the Vendors, as the case may be. The texts may be quoted, under the conditions outlined in article L122-5 of the Intellectual Property code, as long as they Website URL is clearly indicated (https://www……….fr), in the form of a hypertext link. CLASSIC PARTS FINDER bears no responsibility for the use of this quotation right by a third party.
CLASSIC PARTS FINDER has made a documentary database available to Users of the Website, which contains a variety of technical and historical information. Only documents granted publication rights or documents in the public domain may appear in this database. Users of the Website may add to this database, subject to prior verification by CLASSIC PARTS FINDER. In the event a document may not be made available for any reason whatsoever, CLASSIC PARTS FINDER shall communicate the means of accessing this document to the Website Users, via a link or other methods.