TCL EUROPE SAS GENERAL TERMS AND CONDITIONS OF SALE

TCL EUROPE SAS

GENERAL TERMS AND CONDITIONS OF SALE

For any order on https://storesp.tcl.com/ (hereinafter referred to as the "Website")

 

IMPORTANT : 

If you are a CONSUMER, please refer to the GENERAL TERMS AND CONDITIONS OF SALE FOR PRIVATE INDIVIDUALS.

 

If you are a PROFESSIONAL, please consult the  GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONALS.

 

 

 

Seller: TCL Europe SAS, Simplified joint-stock company with a single shareholder

Whose registered office is located at 9-15 Rue Rouget de l'Isle in ISSY-LES-MOULINEAUX 92130 France

Registered with the Nanterre Trade and Companies Register under number 824 094 528 and represented by its Managing Director,

Unique Identifier Number (UID): FR022650_057IA8

Hereinafter referred to as "TCL EUROPE", "We" or "Seller"

 

 

These general terms and conditions of sale inform you of the rules applicable on the Website as well as to orders placed on the Website. We advise you to read them carefully before finalising your order.

 

These terms and conditions may be changed and updated at any time without notice. The new version of the general terms and conditions takes effect as soon as it is published on the Website. It is your responsibility to review the terms and conditions before placing any order. To find out the general terms and conditions applicable on the date of your order, we invite you to make a request using the contact form on the Website. 

 

 

The Website may contain links to other websites that are not subject to these terms and conditions. We advise you to consult the terms and conditions applicable to these websites.

 

 

GENERAL TERMS AND CONDITIONS OF SALE FOR PRIVATE INDIVIDUALS

For any order on https://storesp.tcl.com/ (hereinafter referred to as the "Website")

Version in force as of 2025-06-01

 

TCL Europe SAS, Simplified joint-stock company with a single shareholder

Whose registered office is located at 9-15 Rue Rouget de l'Isle in ISSY-LES-MOULINEAUX 92130 France

Registered with the Nanterre Trade and Companies Register under number 824 094 528 and represented by its Managing Director,

Unique Identifier Number (UID): FR022650_057IA8

Hereinafter referred to as "TCL EUROPE", "We" or "Seller"

 

 

These general terms and conditions of sale inform you of the rules applicable on the Website. They may be changed and updated at any time without notice. The new version of the general terms and conditions takes effect as soon as it is published on the Website. It is important to consult them before placing any order. In order to find out the general terms and conditions applicable on the date of an order, it is possible to send us a request using the contact form on the Website. 

 

The Website may contain links to other websites that are not subject to these terms and conditions. It is therefore strongly recommended that you consult the general terms and conditions applicable to these websites. 

 

Article 1 – Purpose

Article 2 – Price and payment terms

Article 3 – Orders

Article 4 – Delivery times and costs

Article 5 – Error in the preparation of the order

Article 6 – Right of withdrawal

Article 7 – Legal guarantees

Article 8 – Returns and Refunds

Article 9 – Dispute resolution

Article 10 – Non-waiver

Article 11 – Regulations

Article 12 – Intellectual Property

Article 13 – Force Majeure

Article 14 – Applicable law – Jurisdiction

Article 15 – Personal data

 

 

 

Article 1 – Purpose

1.1. These general terms and conditions of sale apply to all sales of spare parts concluded by TCL EUROPE with any natural person wishing to make or making a purchase on the Website (hereinafter referred to as "You"). They are accessible at any time on the Website before any order is placed. You acknowledge that you have read and accepted the terms and conditions of this agreement before placing your order.

 

1.2 Any order placed on the Website thus implies your unreserved and full acceptance of these general terms and conditions of sale.

 

1.3. The spare parts offered for sale on this Website (hereinafter referred to as the "Part(s)") are referenced according to the products with which they are compatible. For any questions relating to the Parts and their compatibility with your product, we invite you to send your questions directly using the contact form on the Website. We will get back to you as soon as possible. 

 

1.4. The stock of Parts for sale on this Website is located in Poland. 

 

1.5. The territory concerned by these terms and conditions of sale comprises Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom.

 

 

Article 2 – Price and payment terms

2.1. Prices are indicated in euros (€) and exclude delivery costs. If applicable in the territory of destination, prices include taxes. 

 

2.2. Prices may be adjusted at any time, without warning or notice. All Parts are subject to the VAT rate in effect at the time the order is placed. 

 

2.3. The total price of the order must be paid at the time the order is placed.

 

2.4. The payment methods available on the Website are secure. The payment interface is generated and managed by BNP Paribas SA, 16 Boulevard des Italiens, 75009 Paris. You can pay by credit card or debit card (CB, Visa, Mastercard and PayPal) directly on the Website using the payment form provided during the validation process of your order (secure entry by SSL encryption). The information to be provided to proceed with the payment is directly defined by BNP Paribas. 

 

 

Article 3 – Orders

3.1. All orders must be placed on the Website. 

 

3.2. To complete your order, you must: 

a) be logged in to your TCL account. We invite you to consult the general terms and conditions of use of the TCL account;

b) fill in information for billing and delivery: last name, first name, telephone number, email address, delivery address, and billing address; 

c) add the Parts you wish to order to your cart by indicating the model of the product you are looking for

d) validate your cart in order to initiate the availability check of the Parts in the cart. Please note that this availability check of the Parts in the cart is valid for thirty (30) minutes. For more details, please see section 3.4.;

e) Select the delivery method; and 

f) proceed to payment.

 

3.3. A summary of your order and notifications about its preparation will be sent to you automatically electronically to the e-mail address provided.

 

3.4. The availability of the Parts in the cart is automatically checked by the computer system when the cart is validated and for a period of thirty (30) minutes. Therefore, the order must be finalised within this period. Otherwise, a new availability check will be necessary. In exceptional cases and despite this availability check, the selected Part may not actually be available in stock. In this case, you will be reimbursed for the Part concerned and the corresponding delivery costs.

 

 

Article 4 –Delivery times and costs

4.1. The Parts offered for sale on this Website can be delivered within three (3) working days from the date of receipt of the order by the carrier. This delivery time is provided for informational and reference purposes only. Delivery times depend in particular on the availability of carriers and the order in which orders are received. The shipping number is sent to you by email and your order can be tracked directly on the carrier's website. 

 

4.2. TCL EUROPE endeavours to respect the delivery times that it indicates to the Customer, and to execute orders, except in cases of force majeure, or circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive.

 

4.3. Delivery costs are composed of a fixed part and a variable part calculated according to the volume, size and weight of the Parts, the geographical area of the recipient and the shipping method chosen by the Customer. They are calculated directly by the carrier.

 

4.4. It is recommended to group all your purchases together in a single order. Two separate orders cannot be grouped together and delivery costs will therefore be calculated and charged for each of them.

 

 

Article 5 –  Error in the preparation of the order

5.1. In the event of an error in the order upon receipt or non-compatibility of the Part with your product, we undertake to exchange the incorrect Part with a new Part compatible with your product, as soon as possible provided that both parts are at the same price. Otherwise, you will have to fill out a refund request and place a new order.

 

5.2. The incorrect Part must be returned in new condition in packaging that prevents the risk of damage during return transport. If the error comes from the preparation of the order, we will cover the cost of returning the incorrect Part.

 

5.3. Any Part returned damaged due to insufficient packaging or worn and which cannot be put back on sale will not be refunded.

 

 

Article 6 – Right of withdrawal

6.1. From the date of receipt of the order, the Customer has a period of fourteen (14) clear days to exercise its right of withdrawal. The Part concerned must not have been used and must not be unsealed. 

 

6.2. You must notify us of your decision to withdraw by using the contact form on the Website or by using the standard withdrawal form provided on the Website. From this notification, you must return the Part strictly in accordance with our instructions (packaging and address for the return) and within a maximum period of fourteen (14) days. 

 

6.3. Any Part returned damaged due to insufficient packaging or worn and which cannot be put back on sale will not be refunded.

 

6.4. The costs of returning the Part shall be borne exclusively by you.

 

 

Article 7 – Legal guarantees

7.1. You have a period of two (2) years from the date of the delivery of the Part to invoke the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, you are only required to demonstrate the existence of the lack of conformity and not the date on which it appeared.

7.2. The legal guarantee of conformity entitles you to the repair or replacement of the Part within thirty (30) days of your request, at no cost and without major inconvenience to you.   7.3. If the Part is repaired under the legal guarantee of conformity, you are entitled to a six (6) month extension of the original guarantee.   7.4. If you request the repair of the spare part, but we insist on a replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the spare part.   7.5. You can obtain a reduction in the purchase price by keeping the spare part or terminate the contract by getting a full refund against return of the Part, if: a) we refuse to repair or replace the Part; b) the repair or replacement of the Part is carried out after a period of thirty (30) days; c) the repair or replacement of the Part causes a major inconvenience to you, in particular when you permanently bear the costs of taking back or removing the non-conforming Part, or if you bear the costs of installing the repaired or replacement Part; d) The non-conformity of the Part persists despite our attempt to make it conform, which has been unsuccessful. 7.6. You are also entitled to a reduction in the price of the Part or to the termination of the contract when the lack of conformity is so serious that it justifies the price reduction or the termination of the contract immediately. You are then not required to request repair or replacement of the Part beforehand.   7.7. You do not have the right to rescind the sale if the lack of conformity is minor.    7.8. Any period of downtime of the Part for the purpose of its repair or replacement suspends the remaining guarantee period until the delivery of the repaired Part.   7.9. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.   7.10. If we obstruct the exercise of the legal guarantee of conformity in bad faith, we may be liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).   7.11. You also benefit from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from the discovery of the defect. This guarantee entitles you to a price reduction if the spare part is kept or to a full refund against return of the spare part.

 

 

Article 8 – Returns and Refunds

8.1. The return costs shall be borne exclusively by you in the event of the exercise of the right of withdrawal (Article 6).

 

8.2. The return costs shall be borne by us in the event of the exercise of the legal guarantee of conformity (Article 7) or in the case of an error in the preparation of the order (Article 5). In these cases, we will send you electronically a prepaid delivery note. If the incorrect Part has not been returned within fourteen (14) days, you will be required to refund the prepaid shipping costs and the price of the new compatible Part received as a replacement.

 

8.3. The Part must be returned properly packaged, accompanied by the return delivery note duly completed with the information provided by our services. Any return made without prior contact with our services and/or without a correctly completed return delivery note will not be processed and consequently, no refund or exchange will be made. 

 

8.4. Refunds are made by crediting the payment method used when placing the order within fourteen (14) days from the date of receipt of the Part.

 

8.5. Returns must be made to the following address: 

TCL Operations Polska Sp. z o.o.

TCL EU Warehouse

ul. A. Mickiewicza 31/41

96-300 Żyrardów

Poland

 

 

Article 9 – Dispute resolution

9.1. In the event of a dispute, you must first submit a complaint to us using the dedicated contact form. If the dispute persists, you have the right to refer the matter free of charge to the Paris Mediation and Arbitration Centre ("CMAP"), to which we are attached, using the form available on the CMAP website at the following address: www.cmap.fr/consommateurs or by post to the address below for any complaint:

 

Centre de Médiation et d’Arbitrage de Paris

Service Médiation de la consommation

39, avenue Franklin D. Roosevelt

75008 Paris – France

 

9.2. Please note that recourse to mediation is only possible under the following conditions: 

- You can prove that you have previously tried to resolve the dispute directly with our customer service department by means of a written complaint; and

- Your recourse to mediation takes place within a period of less than one (1) year from the date of your written complaint to our customer service department; and

- Your complaint has not been previously examined by a judge or another mediator.

 

9.3. You also have access to the online dispute resolution platform, accessible via the following link: http://ec.europa.eu/consumers/odr/

 

 

 

Article 10 – Non-waiver

10.1. Failure to enforce a breach of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.

 

 

Article 11 – Regulations 

11.1. You undertake to comply with all legal obligations and to pay any taxes and various contributions that are mandatory. 

 

11.2. You agree and warrant that Parts purchased from the Website will not be exported, re-exported, or transferred to (a) any U.S. government sanctioned country or territory (Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine/Russia); (b) any person or entity who is a Restricted Party; (c) any Military End-User. The term "Restricted Party" means (a) any person or entity designated on the lists of restricted parties maintained by the United Nations, China, and the United States (including the U.S. Treasury Department's SDN List, and the lists administered by the U.S. Commerce Department) and (b) any entity owned or controlled by any person or entity on the SDN List. A "military end-user" is a national armed service or a government intelligence or reconnaissance organisation.

 

 

Article 12 – Intellectual Property

12.1. These terms and conditions of sale do not grant you any rights in relation to any trademarks and logos owned by TCL EUROPE or its affiliated companies.

 

 

Article 13 – Force Majeure

13.1. In the event that performance of the contractual obligations is delayed, hindered or prevented by a fortuitous event or force majeure, the contractual obligations shall not be deemed to have been breached.

 

13.2. Any irresistible, external, unforeseeable, unavoidable event or circumstances beyond the control of TCL EUROPE and which cannot be prevented, despite all reasonable efforts, shall be considered as a fortuitous event or force majeure. The following events are considered to be force majeure or fortuitous events, in addition to those usually accepted by the case law of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, nuclear incidents, pandemics, the shutdown or difficulties in the operation of telecommunications networks.

 

13.3. If the force majeure event or fortuitous event lasts longer than three (3) months, TCL EUROPE commits to reimburse you for the order that could not be delivered.

 

 

Article 14 – Applicable law – Jurisdiction

 

14.1. In the event of disputes, you may bring an action before the competent court of the place of your habitual residence or the place of delivery.

 

14.2. All operations carried out on this Website are subject to French law. 

 

 

Article 15 –  Personal data

15.1. TCL EUROPE collects and processes your personal data solely for the purpose of fulfilling your order and processing your requests.

 

15.2. This data may be communicated to any partners of TCL EUROPE in charge of the execution, processing, management, payment of orders and after-sales service.

 

15.3. The processing of information communicated through the internet platforms made available to you complies with the legal requirements on the protection of personal data, and the information system used ensures optimal protection of this data.

 

15.4. TCL EUROPE guarantees you, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning you. For more information about your personal data, please see our privacy policy at 

 https://www.tcl.com/fr/fr/legal/privacy-notice.

 

 

GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONALS
For any order on https://storesp.tcl.com/ (hereinafter referred to as the "Website")

Version in force as of [•] 2023

 

TCL Europe SAS, Simplified joint-stock company with a single shareholder

Whose registered office is located at 9-15 Rue Rouget de l'Isle in ISSY-LES-MOULINEAUX 92130 France

Registered with the Nanterre Trade and Companies Register under number 824 094 528 and represented by its Managing Director,

Unique Identifier Number (UID): FR022650_057IA8

Hereinafter referred to as "TCL EUROPE" or the "Seller"

 

These general terms and conditions of sale inform you of the rules applicable on the Website. They may be changed and updated at any time without notice. The new version of the general terms and conditions takes effect as soon as it is published on the Website. It is important to consult them before placing any order. In order to find out the general terms and conditions applicable on the date of an order, it is possible to send us a request using the contact form on the Website.

 

The Website may contain links to other sites that are not subject to these terms and conditions. It is therefore strongly recommended that you consult the general terms and conditions applicable to these websites. 

 

Article 1  Purpose

Article 2  Price and Payment Terms

Article 3  Orders

Article 4  Delivery Times and Costs

Article 5  Deliveries

Article 6  Error in the Preparation of the Order 

Article 7 Right of Withdrawal

Article 8 Legal Guarantee against hidden defects

Article 9  Returns & Refunds

Article 10  Regulations

Article 11  Intellectual Property

Article 12 Personal Data

Article 13 Limitation of Liability

Article 14 Force Majeure

Article 15 Hardship

Article 16 Applicable law – Jurisdiction clause

Article 17 Nullity of clauses

Article 18 Customer Acceptance

 

 

 

Article 1 – Purpose

1.1. These general terms and conditions of sale, to the exclusion of any other document (in particular terms and conditions of purchase or general terms and conditions of purchase, terms and conditions of supply or logistics protocols, etc.), apply to all sales of spare parts concluded by TCL EUROPE with any natural or legal person wishing to make or making a purchase on the Website (hereinafter referred to as the "Customer" or "You"). Consequently, the placing of an order by the Customer implies the latter's unreserved acceptance of these general terms and conditions of sale, unless specific conditions are expressly agreed in writing by TCL EUROPE to the Customer. Thus, any modification or derogation from these general terms and conditions of sale must be agreed in writing between the parties. The Customer waives the right to invoke any contradictory document not expressly accepted by TCL EUROPE.

 

 

1.2. All other documents, other than these general terms and conditions of sale, in particular catalogues, prospectuses, advertisements and notices, are for information or reference purposes only, are non-contractually binding and may be revised at any time. TCL EUROPE is entitled to make any changes it deems useful.

 

1.3. The spare parts offered for sale on this Website (hereinafter referred to as the "Part(s)") are referenced according to the products with which they are compatible. If you have any questions about the Parts and their compatibility with a product, we invite you to send your questions directly using the contact form on the Website. We will get back to you as soon as possible. 

 

1.4. The stock of Parts for sale on this Website is located in Poland. 

 

 

Article 2 – Price and Payment Terms

2.1. Prices are net, exclusive of tax and delivery costs. Prices may be adjusted at any time, without warning or notice. Any tax, duty or other charge to be paid pursuant to the regulations of France, Poland or those of the importing territory or a transit country shall be borne by the Customer.

 

2.2. The total price of the order must be paid at the time the order is placed.

 

2.4. The payment methods available on the Website are secure. The payment interface is generated and managed by BNP Paribas SA, 16 Boulevard des Italiens, 75009 Paris. You can pay by credit card or debit card (CB, Visa, Mastercard and PayPal) directly on the Website using the payment form provided during the validation process of your order (secure entry by SSL encryption). The information to be provided to proceed with the payment is directly defined by BNP Paribas.  

 

 

Article 3  – Orders

3.1. All orders must be placed on the Website. 

 

3.2. To complete your order, you must: 

a) be logged in to your TCL business account. We invite you to consult the general terms and conditions of use of the TCL business account;

b) fill in information for billing and delivery: type of company, company name, last name, first name and position of the contact person, telephone number, e-mail address, delivery address, and billing address; 

c) add the Parts you wish to order to your cart by indicating the product model you are looking for;

d) validate your cart in order to initiate the availability check of the Parts in the cart. Please note that this availability check of the Parts in the cart is valid for thirty (30) minutes.

e) Select the delivery method. and 

f) proceed to payment.

 

3.3. A summary of your order and notifications about its preparation will be sent to you automatically electronically to the e-mail address provided.

 

3.4. The availability of the Parts in the cart is automatically checked by the computer system when the cart is validated and for a period of thirty (30) minutes. Therefore, the order must be finalised within this period. Otherwise, a new availability check will be necessary. In exceptional cases and despite this availability check, the selected Part may not actually be available in stock. In this case, you will be reimbursed for the Part concerned and the corresponding delivery costs.

 

 

Article 4 – Delivery times and costs

4.1. The Parts offered for sale on this Website can be delivered within three (3) working days from the date of receipt of the order by the carrier. This delivery time is provided for informational and reference purposes only. Delivery times depend in particular on the availability of carriers and the order in which orders are received. The shipping number is sent to you by e-mail and your order can be tracked directly on the carrier's website. 

 

4.2. TCL EUROPE endeavours to respect the delivery times that it indicates to the Customer, and to execute orders, except in cases of force majeure, or circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive.

 

4.3. Delivery costs are composed of a fixed part and a variable part calculated according to the volume, size and weight of the Parts, the geographical area of the recipient and the shipping method chosen by the Customer. They are calculated directly by the carrier.

 

4.4. It is recommended to group all your purchases together in a single order. Two separate orders cannot be grouped together and delivery costs will therefore be calculated and charged for each of them. 

 

 

Article 5 – Deliveries

5.1. Unless special conditions are agreed between the parties, delivery is made in accordance with the order by handing over to a carrier chosen by TCL EUROPE. The Parts ordered travel at the Customer's own risk. The Customer undertakes to adopt all required procedures and to carry out all necessary tests in order to verify the quantity and conformity of the Parts delivered with the specifications of the order, the conformity of the delivery documents, the condition of the products delivered and must report all apparent defects within three (3) days of receipt of the delivery and under the conditions detailed in paragraph 3 of this article. 

 

5.2. The Customer acknowledges that it is the carrier's responsibility to make the delivery, TCL EUROPE being deemed to have fulfilled its delivery obligation as soon as the Parts sold have been handed over to the carrier who has accepted them without reservation. The Customer therefore has no recourse against TCL EUROPE in the event of non-delivery of the Parts ordered, or of damage occurring during transport or unloading. 

 

5.3. Regarding the arrangements to be made with regards to the carrier, TCL EUROPE informs the Customer that the latter must, in any event, upon receipt of the Parts, check the condition of the said Parts delivered and their quantities. The Parts delivered and the quantities must correspond to the information given on the transport document (CMR or consignment note) and/or on the delivery note. If, during this inspection, the Customer finds damage or shortages, he must imperatively express reservations on the transport document (e.g. consignment note or CMR) and on the dispatch note. More generally, complaints about the nature and quality of the Parts delivered or their non-conformity with the dispatch note must be made to the carrier and TCL EUROPE within three (3) days of receipt of the goods and in compliance with the rules applicable to the transport operation in question, which the Client declares to be aware of. Losses or damage must give rise to dated, written, precise, reasoned and complete reservations. Finally, it is the Customer's responsibility to exercise any recourse against the carrier itself, without TCL EUROPE's liability ever being called into question, for any reason whatsoever (delays, damage, total or partial losses). In the absence of reservations made by the Customer under the aforementioned conditions, the Parts delivered will be deemed to conform in quantity and quality with the order. No claim will be validly accepted if the Customer fails to comply with these formalities.

 

5.4. Without prejudice to the aforementioned measures to be taken vis-à-vis the carrier and TCL EUROPE, complaints about apparent defects, hidden defects or non-conformity of the delivered Part with the description on the Website or the dispatch note that could not be identified at the time of receipt, must be notified to TCL EUROPE using the dedicated return form on your TCL business account no later than fourteen (14) days from the date of receipt of the Parts. The Customer must provide TCL EUROPE with any justification as to the reality of the defects or anomalies observed. Failing this, the Parts received are deemed to be irrevocably accepted by the Client. 

 

5.5. No claim will be validly accepted if the Customer fails to comply with these formalities.

 

5.6. The delivery costs are composed of a fixed part and a variable part calculated according to the volume, size and weight, the geographical area of delivery and the chosen shipping method. Delivery costs are calculated directly by the carrier. It is recommended to group all your products together in a single order. Two separate orders cannot be grouped together and delivery costs will therefore be calculated and charged for each of them. 

 

 

Article 6  – Error in the preparation of the order

6.1. In the event of an error in the preparation of the order or the non-compatibility of the ordered Part with your product, we undertake to exchange the incorrect Part with a compatible Part as soon as possible. If the incorrect Part is at the same price as the compatible Part, we will send the compatible Part as soon as we receive your complaint; and you agree to return the incorrect Part to us as soon as possible. In the event that the incorrect Part and the correct Part are not at the same price, you will have to fill out a refund request using the dedicated returns form on the TCL business account and place a new order.

 

6.2. The incorrect Part must be returned in new condition in packaging that prevents the risk of damage during return transport. Any Part returned damaged due to insufficient packaging or worn and which cannot be put back on sale will not be refunded.

 

6.3. If the error comes from the preparation of the order, we will cover the costs of returning the incorrect Part. In all other cases, the costs of sending the compatible Part as well as the costs of returning the incorrect Part shall be borne exclusively by the Customer.

 

 

Article 7 – Right of withdrawal  

 

7.1. From the date of receipt of the order, the Customer has a period of fourteen (14) clear days to exercise its right of withdrawal. The Part concerned must not have been used and must not be unsealed. 

 

7.2. You must notify us of your decision to withdraw by using the contact form on the Website or by using the standard withdrawal form provided on the Website. From this notification, You must return the Part strictly in accordance with our instructions (packaging and address for the return) and within a maximum period of fourteen (14) days. 

 

7.3. Any Part returned damaged due to insufficient packaging or worn and which cannot be put back on sale will not be refunded.

 

7.4. The costs of returning the Part shall be borne exclusively by You. 

 

 

 

Article 8  –  Legal guarantee against hidden defects

8.1. You benefit from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from the discovery of the defect. This defect must render the Part unfit for or seriously impair the use for which the purchased Part is intended. This guarantee entitles you to a price reduction if the purchased Part is kept or to a full refund against return of the Part. To exercise this guarantee, please contact us using the contact form on the Website. 

 

 

Article 9 –  Returns & Refunds

9.1. The return costs shall be borne exclusively by You in the event of the exercise of the right of withdrawal (Article 7), the exercise of the legal guarantee against hidden defects (Article 8), or in the case of an error when placing the order. 

 

9.2. The return costs shall be borne by us only in the event of an error in the preparation of the order. In this case, we will send you electronically a prepaid delivery note. If the incorrect Part has not been returned within fourteen (14) days, you will be required to refund the prepaid shipping costs and the price of the new compatible Part received as a replacement.

 

9.3. The Part must be returned properly packaged, accompanied by the return delivery note duly completed with the information provided by our services. Any return made without prior contact with our services and/or without a correctly completed return delivery note will not be processed and consequently, no refund or exchange will be made. 

 

9.4. Refunds are made by crediting the payment method used when placing the order within fourteen (14) days from the date of receipt of the Part.

 

9.5. Returns must be made to the following address: 

 

TCL Operations Polska Sp. z o.o.

TCL EU Warehouse

ul. A. Mickiewicza 31/41

96-300 Żyrardów

Poland

 

 

Article 10  –  Regulations 

10.1. The Parties undertake to comply with all legal obligations and will pay the various taxes and contributions that are mandatory.

 

10.2. The Customer agrees and warrants that Parts purchased from the Website will not be exported, re-exported, or transferred to (a) any U.S. government sanctioned country or territory (Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine/Russia); (b) any person or entity who is a Restricted Party; (c) any Military End-User. The term "Restricted Party" means (a) any person or entity designated on the lists of restricted parties maintained by the United Nations, China, and the United States (including the U.S. Treasury Department's SDN List, and the lists administered by the U.S. Commerce Department) and (b) any entity owned or controlled by any person or entity on the SDN List. A "military end-user" means a national armed service or a government intelligence or reconnaissance organization.

 

 

Article 11    –   Intellectual property

11.1. The studies, patents, plans, manufacturing processes and know-how of the TCL Group (hereinafter collectively referred to as "Industrial Property Rights") are and shall remain the exclusive property of the TCL Group. They may not be the subject of patent applications by the Customer, nor may they be used by the Customer as a basis for further development of patents held by the Customer, nor may they be used in any other way for the construction of models manufactured or ordered by the Customer, or for third parties or otherwise.

 

11.2. These terms and conditions of sale do not grant any rights to the Customer in relation to the trademarks and logos owned by the TCL Group. The Customer undertakes not to associate, directly or indirectly, its trademark(s), trade name or any distinctive sign with TCL's trademarks and logos in such a way as to mislead third parties, in particular consumers, as to the ownership of TCL's trademarks and logos.

 

11.3. TCL EUROPE does not warrant that the Parts do not infringe one or more patents or other industrial property rights of third parties and TCL EUROPE shall not be liable, directly or indirectly, for any consequences whatsoever, direct or indirect, of alleged or proven infringements concerning the Parts.

 

11.4. In the event of proceedings based on the infringement of any patents, designs or other intellectual property rights, concerning the Parts sold to the Customer, the latter waives the right to claim from TCL EUROPE any payment that it may have made to any third party by virtue of a conviction in this respect, or by virtue of an amicable agreement concluded by the Customer with this third party.

 

 

Article 12     – Personal data

12.1. TCL EUROPE collects and processes your personal data solely for the purpose of fulfilling your order and processing your requests. This data may be communicated to any partners of TCL EUROPE in charge of the execution, processing, management, payment of orders and after-sales service.

 

12.2. The processing of information communicated through the internet platforms made available to the Customer complies with the legal requirements for the protection of personal data, and the information system used ensures optimal protection of this data.

 

12.3. TCL EUROPE guarantees you, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning You. For more information about your personal data, please see our privacy policy at 

https://www.tcl.com/fr/fr/legal/privacy-notice.

 

 

Article 13   –   Limitation of Liability

13.1. TCL EUROPE's liability is strictly limited to the obligations set out in these general terms and conditions of sale. Under no circumstances may compensation for any damage under the liability recognised by TCL EUROPE exceed the amount exclusive of tax of the sums received by TCL EUROPE in respect of the order.

 

13.2. Under no circumstances may TCL EUROPE be held liable for any immaterial or indirect damage caused to the Customer. The Customer waives all recourse against TCL EUROPE and its insurers to obtain compensation for the financial consequences of any immaterial damage caused to third parties and will indemnify TCL EUROPE against any claims from third parties for any immaterial damage.

 

 

Article 14   –  Force Majeure

14.1. In the event that performance of the contractual obligations is delayed, hindered or prevented by a fortuitous event or force majeure, the contractual obligations shall not be deemed to have been breached.

 

14.2. Any irresistible, external, unforeseeable, unavoidable event or circumstances beyond the control of TCL EUROPE and which cannot be prevented, despite all reasonable efforts, shall be considered as a fortuitous event or force majeure. The following events are considered to be force majeure or fortuitous events, in addition to those usually accepted by the case law of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, nuclear incidents, pandemics, the shutdown or difficulties in the operation of telecommunications networks.

 

14.3. If the force majeure event or fortuitous event lasts longer than three (3) months, TCL EUROPE commits to reimburse you for the order that could not be delivered.

 

 

Article 15    –  Hardship 

15.1. These general terms and conditions of sale expressly exclude the legal regime of hardship provided for in Article 1195 of the French Civil Code for all sales of Parts by TCL EUROPE to the Customer. TCL EUROPE and the Customer therefore each waive the right to invoke the provisions of Article 1195 of the French Civil Code and the regime of hardship provided for therein, undertaking to fulfill their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time the sale was concluded, even if their performance would prove excessively onerous, and to bear all the economic and financial consequences thereof.

 

 

Article 16    –  Governing Law Jurisdiction clause

16.1. These general terms and conditions of sale and the sales they govern, as well as any sales not governed by these general terms and conditions of sale, shall be governed by French law to the exclusion of any other law. 

 

16.2. In the event of a dispute relating to the interpretation and performance of these general terms and conditions of sale or any other contractual agreement between TCL EUROPE and the Customer relating to the sale of Parts on the Website, the parties shall endeavour to reach an amicable agreement before taking any legal action and shall provide each other with all the necessary information to this end.

 

16.3. The courts of Paris shall have exclusive jurisdiction, even in the event of multiple defendants, all of which constitutes an essential condition for TCL EUROPE, without which no contract would have been concluded. The acceptance of settlement or payment outside Paris does not entail any novation or waiver of this clause. This clause applies even in the event of summary proceedings, incidental claims or third party complaint, and regardless of the methods and terms of payment, without the jurisdiction clauses that may exist on the Customer's documents being an obstacle to the application of this clause. In addition, in the event of legal action, the costs of summons, court costs, as well as lawyer's and bailiff's fees, and all related costs shall be borne by the Customer at fault, as well as costs related to or arising from the Customer's failure to comply with these terms and conditions.

 

 

Article 17  –   Nullity of clauses

17.1. In the event that one or more provisions of these general terms and conditions of sale are declared null and void or unenforceable by a competent court, the other stipulations of these general terms and conditions of sale shall remain in force. In the event of annulment of one of the contractual provisions, the parties will in any event endeavour to renegotiate an economically equivalent clause.

 

 

Article 18    –  Customer Acceptance

18.1. These general terms and conditions of sale are expressly approved and accepted by the Customer, who declares and acknowledges that he or she is fully aware of them, and is satisfied both with the current balance resulting from them and with the prior receipt of the information that enabled him or her to place an order.