General Terms and Conditions of Sale – OpenTop
This English version is provided for information purposes only. In the event of any discrepancy, the French version shall prevail.
Article 1 – Legal Information, Purpose and Acceptance
1.1 Publisher and Seller. The website opentop.fr is published by Nicolas CHAVRIER, sole trader (entrepreneur individuel) operating under the trade name OpenTop, registered under SIREN number 891735276, whose business address is 9 rue de la cascade, 38300 Bourgoin-Jallieu, France. Telephone: +33 6 45 74 42 45. E-mail: opentopshop@gmail.com. VAT not applicable, Article 293 B of the French General Tax Code (CGI). Publication director: Nicolas CHAVRIER.
1.2 Hosting Provider. Wix Online Platforms Limited, 1 Grant's Row, Dublin 2, D02HX96, Ireland – Telephone: via the contact page of the Wix Help Center (support.wix.com) – www.wix.com.
1.3 Purpose. These General Terms and Conditions of Sale ("Terms") govern sales of automotive parts and accessories, including motorsport parts, concluded on the website or remotely (telephone, e-mail) between OpenTop and its customers. Provisions specific to business customers are set out in Article 20.
1.4 Acceptance. The customer accepts these Terms by ticking the box provided before confirming the order. The applicable Terms are those in force on the date of the order. The customer declares that they have the legal capacity to enter into a contract or are acting with the authorisation of their legal representative. For orders placed by telephone, these Terms are sent to the customer on a durable medium (e-mail) together with the order confirmation.
1.5 Evidence. The website's computer records, stored under reasonable security conditions, constitute evidence of communications and orders, unless proven otherwise by any means.
Article 2 – Type Approval and Use of Parts
2.1 Status of Parts. Each product page states whether the part is approved for road use. Unless otherwise stated, motorsport parts are not road-approved and are intended exclusively for use on a race track or closed private roads.
2.2 Customer Undertaking. The customer acknowledges having been informed, before purchase, that the part is not road-approved. Fitting a non-approved part to a vehicle driven on public roads is prohibited and may cause the vehicle to fail its roadworthiness test (contrôle technique) and lead the insurer to limit or refuse cover. OpenTop is not liable for the consequences of such use contrary to the stated intended purpose.
2.3 Manufacturer's Warranty. Fitting a part, whether approved or not, may affect the vehicle manufacturer's contractual warranty. The customer is responsible for checking with the manufacturer before fitting.
2.4 Fitting. Products are sold unfitted. OpenTop strongly recommends that they be installed by a qualified professional in accordance with the manufacturer's instructions.
2.5 Scope. This Article does not limit the statutory warranties set out in Article 9 or liability for defective products (Articles 1245 et seq. of the French Civil Code).
Article 3 – Orders
The customer selects products, checks the contents of their basket (quantities, unit prices, total, delivery charges), then enters or checks their delivery and billing details. The customer may correct any errors before confirming. The order is placed by clicking the "Order with obligation to pay" button.
OpenTop acknowledges receipt of the order by e-mail without delay, then sends a confirmation setting out the order details, prices, delivery date or timeframe, these Terms and the withdrawal form. The contract is concluded when this confirmation is sent.
For any order of €120 or more (incl. taxes), OpenTop archives the contract for 10 years and provides it to the customer on request (Articles L213-1 and D213-1 of the French Consumer Code).
OpenTop may refuse an order in the event of a previous payment dispute with the customer or an abnormal request.
Article 4 – Prices
Prices are stated in euros, inclusive of taxes where applicable, excluding delivery charges. VAT not applicable, Article 293 B of the French General Tax Code. Delivery charges are displayed before the order is confirmed. The applicable price is the one displayed at the time of the order.
OpenTop may cancel an order placed with an invalid or expired promotional code; the customer is informed and refunded in full within 14 days.
Deliveries outside the European Union (Switzerland, United Kingdom, French overseas territories, etc.): customs duties and import taxes may be charged by the destination country; these are payable by the customer, who must check before ordering that the product may be imported into that country.
Article 5 – Retention of Title
Products remain the property of OpenTop until the price has been paid in full. The transfer of risk is governed by Article 7.3.
Article 6 – Payment
The price is payable on ordering by bank card, PayPal, bank transfer or cheque. Card and PayPal payments are processed by secure payment providers; OpenTop never has access to the customer's banking details.
For payment by bank transfer or cheque, the order is processed upon actual receipt of funds; the delivery period runs from that date.
Article 7 – Delivery
7.1 Timeframes. Orders are shipped by La Poste, Chronopost or the carrier selected when ordering. The preparation time (up to 14 working days) and delivery time are stated on the product page and repeated before the order is confirmed. If no timeframe is stated, delivery takes place no later than 30 days after the contract is concluded (Article L216-1 of the French Consumer Code).
7.2 Made-to-Order or Custom Products. For products not held in stock or made to measure, OpenTop provides in writing, before the order is confirmed, an estimated delivery date or timeframe, which becomes the contractual date.
7.3 Transfer of Risk. For consumer customers, the risk of loss or damage passes when the customer takes physical possession of the products (Article L216-4), unless the customer has chosen a carrier not offered by OpenTop (Article L216-5).
7.4 Late Delivery. If the agreed date is exceeded, the customer may require OpenTop to deliver within a reasonable additional period and, failing that, terminate the contract in writing and obtain a refund of the sums paid within 14 days (Articles L216-6 and L216-7).
7.5 Receipt. The customer is invited to check the condition of the parcel in the presence of the delivery person and to record specific reservations in the event of damage or an incomplete parcel, then to inform OpenTop as soon as possible, with photographs. These steps facilitate OpenTop's claim against the carrier; failure to take them does not deprive the consumer of their rights, in particular under the statutory guarantee of conformity.
7.6 Outside Metropolitan France. Customs formalities may extend delivery times; OpenTop informs the customer of this when the order is placed.
Article 8 – Right of Withdrawal (Consumer Customers)
8.1 Period. The consumer has 14 days to withdraw, without giving any reason and without penalty, from the date of receipt of the product. For an order delivered in several parcels, the period runs from receipt of the last parcel.
8.2 Exercise. The consumer notifies their decision before the period expires, either:
– via the online function available on the website through the link "Withdraw from the contract here" (« Renoncer au contrat ici »), then confirmed by the button "Confirm withdrawal" (« Confirmer la rétractation »); or
– by sending the model form set out in the Appendix, or any other unambiguous statement, by e-mail to opentopshop@gmail.com or by post to 9 rue de la cascade, 38300 Bourgoin-Jallieu, France.
OpenTop acknowledges receipt of the withdrawal by e-mail without delay and provides the return address. No prior approval is required.
8.3 Return. The consumer must return the product no later than 14 days after notifying their decision. Return costs are borne by the consumer. The product must be returned complete (accessories, instructions), in packaging that protects the contents.
8.4 Refund. OpenTop refunds all sums paid, including initial delivery charges at the cheapest standard rate offered, no later than 14 days after being informed of the withdrawal. OpenTop may withhold the refund until it has received the product or proof of its dispatch. The refund is made using the original payment method, unless otherwise agreed with the customer.
8.5 Diminished Value. The consumer may be held liable for any diminished value of the product resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning. For example, a part that has been fitted to a vehicle and shows tightening marks, scratches or traces of fluids exceeds such handling; the amount of the diminished value is then deducted from the refund, with supporting evidence.
8.6 Exceptions (Article L221-28). The right of withdrawal does not apply to products made to the customer's specifications or clearly personalised (dimensions, configuration or finish requested by the customer), nor to products which, after delivery and by their nature, are inseparably mixed with other items. Such exceptions are indicated on the product page.
Article 9 – Statutory Warranties
All products benefit, at no extra cost, from the statutory guarantee of conformity and the warranty against hidden defects. To claim under them, the customer contacts customer service (Article 10) with their invoice and a description of the defect, with photographs.
9.1 Statutory Guarantee of Conformity (Articles L217-3 to L217-20 of the French Consumer Code). The consumer has 2 years from delivery of the goods to claim under this guarantee. Any defect appearing within this period is presumed to have existed at the time of delivery, without the consumer having to prove it. The consumer may choose repair or replacement, carried out within 30 days and free of charge. Failing that, or if the defect is serious, the consumer obtains a price reduction or termination of the contract with a refund.
Box – Statutory Warranties (unofficial translation of the text annexed to Article D211-2 of the French Consumer Code)
The consumer has a period of two years from delivery of the goods to obtain the implementation of the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the statutory guarantee applies to that digital content or digital service throughout the intended supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The statutory guarantee of conformity requires the professional, where applicable, to provide all updates necessary to keep the goods in conformity.
The statutory guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without significant inconvenience to the consumer.
If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund upon return of the goods, if: (1) the professional refuses to repair or replace the goods; (2) the repair or replacement of the goods takes place after a period of thirty days; (3) the repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer ultimately bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods; (4) the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In that case, the consumer is not required to request repair or replacement of the goods first.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the restored goods are delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs the implementation of the statutory guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or to a full refund upon return of the goods.
9.2 Warranty Against Hidden Defects (Articles 1641 to 1649 of the French Civil Code). The customer may bring a claim within 2 years of discovering the defect and choose between termination of the sale and a price reduction.
9.3 Exclusions. Damage resulting from fitting not in accordance with the manufacturer's instructions, normal wear and tear, lack of maintenance, an accident, or use contrary to the product's intended purpose — in particular track use of a part sold for road use, or vice versa — does not constitute a lack of conformity or a hidden defect.
9.4 Compensation. For consumers, OpenTop's liability is engaged under ordinary law; no clause of these Terms limits it. The limitations set out in Article 20 apply only to business customers.
Article 10 – Customer Service
Customer service is available Monday to Friday, 4 pm to 8 pm (French time), on +33 6 45 74 42 45 (standard-rate call), by e-mail at opentopshop@gmail.com or by post at 9 rue de la cascade, 38300 Bourgoin-Jallieu, France. OpenTop responds to written requests within 2 working days.
Article 11 – Liability
OpenTop is not liable for non-performance of the contract attributable to the customer, to the unforeseeable and insurmountable act of a third party, or to force majeure within the meaning of Article 1218 of the French Civil Code.
Product photographs are as accurate as possible; minor differences in appearance (colours) due to screen settings may occur. A substantial difference from the product delivered falls under the guarantee of conformity.
Links to third-party websites are provided for information only; OpenTop does not control their content.
Article 12 – Personal Data
12.1 Data Controller. Nicolas CHAVRIER (OpenTop), 9 rue de la cascade, 38300 Bourgoin-Jallieu, France, opentopshop@gmail.com, in accordance with Regulation (EU) 2016/679 (GDPR) and amended French Law No. 78-17 of 6 January 1978.
12.2 Purposes, Legal Bases and Retention Periods.
– Order management, delivery, customer service and warranties: processing based on performance of the contract; data retained for the duration of the business relationship, then 5 years (limitation period).
– Invoices and accounting records: processing based on a legal obligation; retained for 10 years (Article L123-22 of the French Commercial Code).
– Customer account: processing based on performance of the contract; retained until the account is deleted, or 3 years after the last contact.
– Newsletter and commercial offers: processing based on consent, or on legitimate interest for products similar to those already purchased (Article L34-5 of the French Postal and Electronic Communications Code); retained 3 years after the last contact, or until unsubscription.
– Payment fraud prevention: processing based on legitimate interest; retained for as long as necessary for the transaction.
12.3 Recipients. Data is reserved for OpenTop and shared only with necessary service providers: hosting and online shop (Wix), payment (Stripe, PayPal), carriers, e-mail (Google), automation and drafting-assistance tools for customer service replies (Make, Anthropic). Data is never sold.
12.4 Transfers Outside the EU. Some service providers (notably Wix, PayPal, Google) may process data outside the European Union. Such transfers are governed by an adequacy decision (including the EU–US Data Privacy Framework) or by the European Commission's standard contractual clauses.
12.5 Rights. The customer has the right of access, rectification, erasure, restriction, portability and objection, as well as the right to withdraw consent and to set instructions regarding their data after death. These rights may be exercised by e-mail to opentopshop@gmail.com. The customer may lodge a complaint with the CNIL, the French data protection authority (cnil.fr).
12.6 Newsletter. The customer may unsubscribe at any time via the link included in each mailing.
Article 13 – Cookies
The website uses cookies strictly necessary for its operation (basket, login, security), which do not require consent. Audience measurement and advertising cookies are only placed after the user's consent, obtained via the banner displayed on their first visit. Consent may be withdrawn at any time via the "Cookie settings" link in the footer. Cookies subject to consent have a maximum lifespan of 13 months.
Article 14 – Intellectual Property
The texts, photographs, logos, the OpenTop brand and the structure of the website are protected by intellectual property law. Any reproduction or use, even partial, without OpenTop's written permission is prohibited.
Article 15 – Amendments to the Terms
OpenTop may amend these Terms at any time. The applicable Terms are those in force on the date of the order; previous versions are available on request.
Article 16 – Governing Law and Jurisdiction
These Terms are governed by French law and drawn up in French. This clause does not deprive a consumer residing in another EU Member State of the protection afforded by the mandatory provisions of the law of their country (Article 6 of the Rome I Regulation).
In the event of a dispute, the consumer may bring proceedings, at their choice, before the court of the place where they resided when the contract was concluded or when the harmful event occurred, or before any other competent court (Article R631-3 of the French Consumer Code).
Article 17 – Complaints and Mediation
The customer must first send any complaint in writing to customer service (Article 10). If this fails, or if no reply is received within 2 months, the consumer may refer the matter free of charge to the consumer mediator to which OpenTop belongs:
Appointment in progress
The mediator must be contacted within one year of the written complaint (Article L612-2 of the French Consumer Code). Mediation is optional and does not deprive the parties of their right to take legal action.
Article 18 – Severability
If any clause of these Terms is declared void or deemed unwritten, the remaining clauses continue to apply.
Article 19 – No Waiver
OpenTop's failure to rely on any clause does not constitute a waiver of its right to rely on it subsequently.
Article 20 – Business Customers
The following provisions apply to customers acting for the purposes of their business and, for them, override the preceding articles.
– Withdrawal: the right of withdrawal under Article 8 does not apply. Orders are firm; any return requires OpenTop's prior written consent, except for defects covered by the warranty.
– Transfer of risk: risk passes when the products are handed over to the carrier.
– Receipt: reservations for damage or partial loss must be notified to the carrier by registered letter within 3 days of receipt, excluding public holidays (Article L133-3 of the French Commercial Code), with a copy to OpenTop. Apparent non-conformities must be reported to OpenTop within 8 days.
– Warranty and liability: the warranty is limited to replacement or refund of the defective product. OpenTop does not cover labour, fitting or removal costs, vehicle downtime or indirect damage.
– Late payment: penalties at the ECB rate plus 10 percentage points, and a fixed compensation of €40 for recovery costs (Articles L441-10 and D441-5 of the French Commercial Code).
– Business account: OpenTop may close a business account in the event of late payment or non-payment.
– Jurisdiction: any dispute falls within the exclusive jurisdiction of the courts of Lyon, France.
Appendix – Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract. You may also use the "Withdraw from the contract here" function on the website.)
To: OpenTop – Nicolas CHAVRIER, 9 rue de la cascade, 38300 Bourgoin-Jallieu, France, opentopshop@gmail.com:
I/We (1) hereby give notice that I/we (1) withdraw from my/our (1) contract of sale of the following goods:
Ordered on (1) / received on (1):
Order number:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(1) Delete as appropriate.