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General Terms and Conditions of Sale XEXPRESS

ARTICLE 01 - OBJECT

These general terms and conditions of sale govern the contractual relationship between:
The company X-Express, managing the domain name xexpress.com, and any buyer or user, hereinafter referred to as the customer, of the website xexpress.com. Each purchase on xexpress.com is subject to the general conditions applicable on the date of the order.

ARTICLE 02 - DATA COLLECTION

In order to fulfill an order, Xexpress is required to collect certain information from the user. The rules regarding the collection and processing of this data are described in our privacy policy.

ARTICLE 03 - ORDER

Orders are exclusively accepted by adding items to your shopping cart, provided that they are paid for with a valid and irrevocable credit card payment. X-Express reserves the right to refuse any order pursuant to Article 16.

ARTICLE 04 - SECURE PAYMENT

The payment methods available to you are provided by Paybox, which offers a secure online payment platform. Credit card payments are debited at the time of the order. Our customer service reserves the optional right to request additional information from you (copy of identification, proof of address, etc.) in order to validate your purchase and proceed with the shipment of your order.

ARTICLE 05 - PRODUCTS

5.1 The products distributed by X-Express are mechanical spare parts, body parts, and accessories intended for the automotive repair and refurbishment market.
5.2 All products offered by X-Express are, in principle, available from its suppliers.
5.3 In the event of temporary or permanent unavailability of a product, or if the buyer does not accept the delivery time imposed by temporary unavailability, X-Express will inform and refund the buyer, and reserves the right not to process the order related to the unavailable product.
5.4 Delivered goods that are in accordance with the order will not be accepted for return without prior agreement. Photos may be requested before approval, and packaging, in particular, must be in perfect condition.

ARTICLE 06 - COMPLIANCE

The buyer orders manufacturer's references.
The buyer agrees to verify the compatibility of the ordered references with the vehicle for which they intend to carry out repairs, and accepts that under no circumstances will an error in selection allow for the return of the relevant parts.

ARTICLE 07 - PRICES

Our prices are net, valid at the time of the order, subject to change without notice, and expressed in Euros.
The prices of the goods sold are those in effect on the day the order is placed, plus the applicable shipping costs on the day of the order. X-Express reserves the right to modify its prices at any time.
However, it undertakes to invoice the ordered goods at the prices indicated at the time of order registration.
For destinations outside Europe, including French overseas departments and territories (DOM-TOM), which are not subject to intra-community VAT, the customer's account will be configured as tax-exempt upon request.
Professional customers with a valid intra-community VAT number may, upon verification, receive invoicing under the intra-community VAT regime.
Buyers subject to the intra-community VAT regime undertake to communicate any changes to their tax status in writing and by registered mail.
In all cases, the buyer's personal and criminal liability will be sought for any failure to comply with this rule.

ARTICLE 08 - DELIVERY

X-Express delivers to the European Union, Switzerland, the United Kingdom, and French overseas departments and territories (DOM-TOM).
Certain destinations outside Europe and French overseas departments and territories (DOM-TOM) require a specific transportation quote. If the desired destination country appears in our offer, the transportation cost will be automatically calculated during your order. The products are delivered to the delivery address indicated by the customer during the order or, if the customer is a professional, to the billing address.

Deliveries outside the European Union (notably Switzerland, the United Kingdom, French overseas departments and territories (DOM-TOM) and destinations outside Europe): any customs duties, import taxes and VAT, sea tax (octroi de mer) and customs clearance fees are borne exclusively by the customer, in addition to the price of the goods and the shipping costs. The customer acts as the importer and is responsible for the formalities and payments required by the authorities of the country of destination. Refusal of the goods or non-payment of these amounts cannot give rise to any coverage by X-Express.

Deliveries are subject to the restrictions set out in Article 16.

ARTICLE 09 - LOSS AND DAMAGE

9.1 Any transport of goods is at the buyer's own risk.
9.2 As the goods are inspected by X-Express before departure, we disclaim any liability for theft, accidents, or damage during transportation.
9.3 The recipient shall verify the condition of the goods upon receipt and, if necessary, make any necessary reservations with the carrier in case of damage or missing packages.
9.4 Any subsequent claim will not be admissible.
9.5 Procedure to follow:
Clearly indicate, to the exclusion of any other annotation, the part and the following mention:
- Refused, damaged part.
Depending on the carriers, the following annotations are excluded, under penalty of nullity:
- Damaged package, subject to packaging,
- Intact packaging.
9.6 Compensation for destroyed or damaged goods will be limited to the insurance offered by default by the carrier.
9.7 The steps for compensation are the responsibility of the buyer, in accordance with the instructions of the relevant carriers.

ARTICLE 10 - WARRANTY

10.1 Our warranty is limited to the warranty provided by the manufacturer, and it can only be invoked under the conditions set by the manufacturer. To consider a warranty claim, the defective part and the part that was replaced during the repair must be returned. Photos, vehicle registration document, description of the failure, repair invoices, and proof of payment will be necessary to open a case. Only parts implemented by automotive professionals are covered by the warranty, excluding any other parties. In all cases, the warranty is limited to the replacement of the implicated part. The implementation remains the responsibility of the professional who performed the repair. The duration of the warranty varies between 6 months and one year depending on the manufacturer.
Any use outside the standard conditions (e.g., during races or on closed roads) that results in damage releases the manufacturer from any liability and any obligation to honor the warranty.
10.2 To be valid, any claim must reach us in writing within eight days of the invoice date, by registered mail.
10.3 In the event of a dispute, the courts of the judicial district of Brussels shall have exclusive jurisdiction by express agreement. The various modes of shipment or payment shall not operate as novation or derogation to this jurisdiction clause.

ARTICLE 11 - ORIGIN OF SPARE PARTS

X-Express exclusively distributes original manufacturer spare parts, identified by their own reference number, packaged in the original packaging.
X-Express does not represent the manufacturers and is not part of any of their networks. It acts solely as an independent distributor of any brand or label.

ARTICLE 12 - DELIVERY TIMES

The delivery time indicated during the order registration is provided for informational purposes only and is not guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's entitlement to:
- Compensation;
- Order cancellation.
The theoretical delivery times are typically 48 to 72 hours from our premises, subject to carrier services and factory stock availability. The maximum acceptable time for parts availability is set at 8 working days for express parcels. Oversized goods, palletized items, or those weighing over 30 kilograms that cannot be transported by an express logistics service may require an extended delivery time of 2 to 3 weeks. If, after ordering, information from the manufacturer indicates an abnormally long unavailability, the customer will be informed, and according to their instructions, the permanently unavailable parts may be refunded.

ARTICLE 13 - RIGHT OF WITHDRAWAL

13.1 Beneficiaries and exclusions
The right of withdrawal applies only to consumers, within the meaning of European regulations, i.e. natural persons acting for purposes outside their commercial, industrial, craft or professional activity.
The following are excluded from the right of withdrawal:
• professional buyers (garages, workshops, resellers, etc.);
• orders invoiced to a company or business entity holding a VAT number;
• orders placed as part of an identified professional activity (VAT number provided, company name, etc.).

13.2 Time limit and procedure for exercising the right
The consumer has 14 calendar days to exercise their right of withdrawal, from the date of receipt of the product. This right is governed by the Belgian Code of Economic Law and by European Directive 2011/83/EU.
To exercise this right, the consumer must send an unambiguous statement expressing their wish to withdraw (letter, email or online form). For legal certainty, it is strongly recommended to use registered mail with acknowledgment of receipt, the date of dispatch serving as proof, and to enclose:
• a copy of the corresponding invoice;
• a copy of the registration certificate of the vehicle concerned.

13.3 Condition of returned products
Only products returned in a condition that allows their resale will be accepted for withdrawal: original packaging intact, product unmounted, unused and unmodified, showing no trace of wear or excessive handling.
The consumer is liable for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the product. In the event of established depreciation (heavily damaged packaging, traces of installation, scratches, dirt, modified parts, etc.), the seller may withhold part of the refunded amount, in proportion to the loss of value.
Return shipping costs are borne by the buyer.

13.4 Electronic, electrical and safety parts
Given their nature and safety requirements:
• Electronic and electrical parts (control units, sensors, command units, etc.) may only be accepted for return under the right of withdrawal if they have never been mounted, connected, tested or activated on a vehicle, and are returned complete, in their intact original packaging. Any part showing traces of installation, connection, use or modification cannot be refunded, or may only be refunded partially in the event of proven depreciation.
• Safety parts (notably airbags, airbag control units, braking and steering components) are not accepted for return once they have been mounted, connected, tested or used on a vehicle, for reasons of safety, traceability and liability. Only products returned unmounted, in their intact original packaging and without any trace of handling, may be subject to a withdrawal request or, where applicable, to processing under the warranty.
In the event of a return request for an electronic or safety part, a technical inspection is systematically carried out. If the part proves defective due to an original fault, the rules of the legal warranty of conformity apply (repair, replacement or refund). If the failure clearly results from incorrect installation, unsuitable connection or improper use, no refund will be granted.
For safety reasons and in accordance with the precautionary principle, any part whose reuse could compromise the safety of the vehicle or its occupants — notably braking components (pads, discs, ABS sensors, hoses, etc.), steering, suspension and chassis components, passive safety components (airbags, seat belts, pretensioners, etc.) and electronic components involved in vehicle safety — loses all market value once it has been opened, mounted, connected or handled. As it can no longer be resold or reused without risk to a subsequent user, its depreciation is then total and no refund can be granted under the right of withdrawal.

13.5 Special orders and personalized goods
When the customer expressly accepts an extended delivery time linked to a special order (manufacture, specific import, etc.), the right of withdrawal remains applicable, unless the product meets the criteria of "goods made to the consumer's specifications or clearly personalized" within the meaning of the regulations. In that case, the customer is informed before validating their order that they do not benefit from the right of withdrawal for the parts concerned.
The following are notably excluded from the scope of the right of withdrawal:
• goods made to the consumer's specifications or clearly personalized (custom paint, specific adaptation, engraving, parts modified on request, etc.);
• goods liable to deteriorate or expire rapidly;
• sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer;
• goods which, after delivery, are inseparably mixed with other items;
• digital content not supplied on a tangible medium, supplied after the customer's prior agreement and express waiver of their right of withdrawal;
• services fully performed before the end of the withdrawal period, with the customer's express consent and acknowledgment of the loss of this right.

13.6 Transmission of orders to manufacturers
As soon as an order is validated, it is immediately transmitted to the manufacturer or supplier. Consequently, no modification or cancellation is possible outside the legal framework of the right of withdrawal applicable to consumers. For standard goods, the right of withdrawal remains applicable under the conditions and limits set out in this article. For goods that are clearly personalized or made to the customer's specifications, as well as for special orders clearly identified as such before validation, the customer does not benefit from the right of withdrawal.

13.7 Customer checks and responsibilities
• Each customer must check the compatibility of the ordered references with their vehicle. In case of doubt, they must first consult the technical department (free and available 365 days/year) by providing the chassis number (VIN).
• By convention, the left side designates the driver's side for a vehicle driving on the right.
• An error in the choice of reference attributable to the buyer is their sole responsibility and does not constitute grounds for a return outside the legal right of withdrawal.
Any request that is incomplete, late, or not in compliance with the prescribed procedure will be refused.

ARTICLE 14 - FORCE MAJEURE

X-Express shall not be liable for the non-performance or delay in the performance of any of its obligations described in these terms and conditions in the event of a force majeure, defined as any unforeseeable, irresistible event resulting from circumstances beyond the control of the parties, making the execution of the contract impossible. In the event of a force majeure, delivery times will be adjusted or extended until the force majeure event ceases to exist. No ongoing order can be canceled without the consent of X-Express.

ARTICLE 15 - PROVISIONS FOR PAYPAL PAYMENTS

Through the Paybox platform, access to the PayPal payment method is possible under certain conditions. By default, this payment method is not accepted without prior agreement between the seller and the buyer.
Any objection or dispute declaration made through the platform must comply with the rules set out below; otherwise, it will be contested.

1. You agree never to open a PayPal dispute without first contacting the administrative department via the intranet messaging system available on your account.
We respond within 24 hours.

2. Please note that the orders you place are, unless otherwise stated by you, immediately forwarded to our suppliers. For fast execution, you expressly waive your right of withdrawal (Article 13).
As a result, any PayPal dispute based on the right of withdrawal will not be accepted.

3. An order is scheduled for shipment no earlier than 48 business hours after payment. Faster processing is not possible.
The delivery timeframe is as follows: dispatch within 48 business hours, subject to manufacturer stock availability and carrier services.
If you have specific delivery constraints, please contact the manufacturer’s technical service before placing your order, accessible via your intranet.

If this procedure has not been followed and, for reasons beyond our control (supplier stock issues), your order cannot be shipped within 20 business days, we will request your instructions.
You may:
- Request an immediate credit note and refund.
- Maintain the order with a revised delivery timeframe that will be communicated to you.

Warning: If you accept an additional delay, your instructions are immediately transmitted to the manufacturer’s stock. These orders are irrevocable and cannot be cancelled once confirmed. No PayPal dispute or chargeback will be accepted if these provisions are not respected.

ARTICLE 16 - EXPORT CONTROL AND INTERNATIONAL SANCTIONS

16.1 End use. The customer shall not design, modify or use the products supplied by X-Express for military, combat, war or terrorist purposes or for any other unlawful purpose. The customer shall not sell, export, re-export, transfer or otherwise make them available, directly or indirectly, to or for the benefit of any natural or legal person or organisation involved in any of these activities.

16.2 Sanctions lists. The customer warrants that neither it nor, to its knowledge, any person or entity owning or controlling it 50% or more, appears on a sanctions list maintained by the European Union, the United Kingdom, Switzerland, the United Nations or the United States (in particular under Regulations (EU) 269/2014, 833/2014 and 765/2006). The customer shall not sell, export, re-export, transfer or make the products available, directly or indirectly, to or for the benefit or use of any person or entity appearing on any of these lists or subject to restrictions thereunder.

16.3 Excluded countries and territories. No product may be sold, delivered, exported or re-exported, directly or indirectly, to or for use in or by the following countries and territories: Cuba, Iran, North Korea, Venezuela, Syria, Myanmar, Afghanistan, the Russian Federation, Belarus, as well as Crimea and the Luhansk, Donetsk, Kherson and Zaporizhzhia regions of Ukraine. This prohibition extends to the embassies and diplomatic missions of these countries, wherever located. For Russia and Belarus, it applies in accordance with Article 12g of Regulation (EU) 833/2014 and Article 8g of Regulation (EU) 765/2006. This list may change in line with the sanctions regimes in force.

16.4 Ukraine and Israel. Any sale or delivery, direct or indirect, to Ukraine or Israel is subject to the prior written approval of X-Express. Failing such approval, the order will be refused.

16.5 Destination and supporting documents. The customer shall not have the goods delivered to the address of a freight forwarder, reshipping company or consolidator bound for a country or territory referred to in Articles 16.3 and 16.4. X-Express reserves the right to require any supporting document relating to the customer's identity, the end user and the final destination of the goods, including a signed end-user statement.

16.6 Resale. A business customer who resells or transfers the products undertakes to carry out the necessary sanctions, export control and end-use checks, to ensure that its own customers and resellers comply with the obligations of this article, and to keep a written record thereof.

16.7 The customer shall inform X-Express without delay of any breach or suspected breach of these provisions.

16.8 Failure to comply with this article constitutes a material breach. X-Express may refuse the order, suspend it or terminate the contract automatically, without formal notice or compensation, the goods not yet dispatched being refunded less the costs already incurred, without prejudice to any damages. X-Express will make the notifications required to the competent Belgian authorities.