These general terms of sale (the "GTS") apply to all product sales by the company NIMBUS SUSPENSIONS (the "Supplier" or "Nimbus") to a customer (the "Customer"), unless a specific agreement has been made prior to the order, agreed upon in writing between the parties. They apply to the exclusion of all other conditions.

The sale is deemed concluded on the date Nimbus accepts the order. Prior to this date, these terms of sale are made available to any Customer for informational purposes.

Any order or purchase implies unreserved acceptance of these GTS, which prevail over all other conditions except those expressly accepted by Nimbus.

The Customer acknowledges having been informed, prior to placing their order, in a clear and understandable manner, of these GTS and all the necessary information.

The Customer declares having read and accepted these GTS before purchasing or placing their order. In this regard, they are binding in accordance with the applicable laws of the state of Florida.

1. Orders

All Nimbus products are custom-made to the Customer's request.

Any Customer wishing to place an order with the Supplier must contact them to express their needs and discuss with Nimbus the most suitable product.

Nimbus provides the Customer with a form called Discovery Form, which they undertake to complete faithfully and fully, and which they send to Nimbus to inform them of their needs, their vehicle, and the desired product.

The Customer is responsible for the information they provide to Nimbus, who cannot be held responsible for a non-compliant product due to a Customer error.

Once Nimbus accepts the order, the Customer will receive instructions on how to pay for the order. The Customer then validates these general terms of sale.

Any order is final and cannot be canceled.

Any order modification can only be taken into account if it is received by Nimbus in writing before the product is manufactured.

2. Prices and Payment

The prices of the products sold are those announced to the Customer on the day of the order. They are firm and final. They are expressed in US dollars and include all applicable taxes.

Any other taxes or duties, notably customs, that the Customer may have to pay are their sole responsibility.

Payment of the price is made through the Supplier's website, by credit card, check, cryptocurrency or bank transfer. In the case of payment via Nimbus's website, the Customer receives a link upon ordering and proceeds with full payment to validate the order.

Unless otherwise agreed upon in writing by Nimbus, payment is due at the time of order. No order will be processed without full payment on this date.

In addition to the product sale price, the Customer pays for delivery costs, calculated based on the order's weight and delivery address.

Online payment is made through the STRIPE platform (https://stripe.com). The Supplier's liability cannot be engaged in case of malfunction of this service.

Each Customer also acknowledges that STRIPE collects the necessary personal data for this payment and consents to this data collection.

Customers using STRIPE accept the general terms of the STRIPE platform, accessible at the following page:

https://stripe.com/legal/ssa.

By accepting these general terms of sale, you agree to comply with the conditions of use of the STRIPE service, which may be modified by STRIPE from time to time.

To benefit from the payment processing services offered by Nimbus through STRIPE, you agree to provide Nimbus with accurate and complete information about yourself and your business. You also authorize Nimbus to share them, as well as transaction information related to your use of the payment processing services provided by STRIPE.

3. Delivery and Termination of the Contract

Delivery will be made by default to the Customer's address, by tracked package.

However, the Customer can indicate another address for delivery before shipping, such as the address of a professional who will install the product, or the address of Nimbus's workshop, which will proceed with the installation at the Customer's request.

Delivery costs are borne by the Customer unless specified differently on the invoice.

All local taxes, customs duties, import fees, and any other charges imposed by local authorities related to the importation of the products into the client’s country, as well as their delivery and reception, are the sole responsibility of the client. The client agrees to settle these costs directly with the relevant authorities and acknowledges that the seller bears no liability for such charges.

Delivery will take place within a maximum of one hundred and eighty (180) days from the receipt by Nimbus of full payment for the order.

In case of Nimbus's failure to meet its delivery obligation by the above deadline, the Customer can terminate the contract in accordance with applicable Florida law by providing written notice to Nimbus.

The costs and risks related to the delivery operation of the products are the exclusive responsibility of Nimbus. From the delivery, the risks of the products are transferred to the Customer.

4. Receipt – Returns

The Customer will take receipt of the ordered products upon delivery.

The Customer will assume the costs and risks of storing and transporting the sold products after their delivery.

Any reservations must be made upon delivery or within ten (10) days of it.

If the Customer makes reservations within this period, they have the option of terminating the contract or requesting a refund, compliance, or exchange of the product.

However, these options are only possible if the product has not been mounted or damaged.

Furthermore, the Customer will be liable for restocking fees of fifteen percent (15%) of the price of the suspensions, including tax, per returned product.

All return-related costs are the responsibility of the Customer, who handles the return modalities.

In case of a problem with the product, the Customer can benefit from the guarantees listed below.

5. Warranties

For full details regarding the warranty applicable to our products, including coverage, conditions, and exclusions, please refer to the dedicated warranty page on our website: https://nimbus-suspensions.com/warranty.

By purchasing from Nimbus Suspensions, you acknowledge and accept the terms outlined therein.

6. Liability

The Customer is warned that any modification, opening, or dismantling of the part results in the loss of applicable warranties and significant risks for their person.

They acknowledge having been informed of the risks and release Nimbus from any liability in case of modification or opening of the product.

They acknowledge having been informed of the necessity to install anti-rebound devices to protect the product against maximum extension and release Nimbus from any liability in case of damages caused by maximum extension of the product.

Nimbus's liability cannot be engaged in case of non-compliance with the legislation of the country where the product will be delivered. It is the Customer's responsibility to check with local authorities the possibilities of importing or using the Products they intend to order.

7. Processing of Personal Data

Each Customer authorizes Nimbus to process all personal data concerning them as well as the information contained in the order.

Nimbus complies with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). If you believe that Nimbus has engaged in unfair or deceptive practices, you may contact the Florida Department of Consumer Services.

Nimbus is the data controller within the meaning of the General Data Protection Regulation (GDPR) as applicable in the state of Florida.

This data may include the name, contact details (email address, postal address, phone number...), any information useful for the proper execution of the sales contract, any information contained in the various documents, correspondences, and orders, and generally all information qualified as personal data, provided or otherwise generated in the context of interactions.

Customers acknowledge that the processing of personal data implemented is based on the contractual necessity and proper execution by Nimbus of the contract, as well as Nimbus's legitimate interest.

This personal data allows Nimbus to fulfill its legal and regulatory obligations.

Customers are informed that the collected data will only be retained for the time strictly necessary for the purposes for which they are processed. Data necessary for the execution of contractual obligations is retained throughout the commercial relationship and for a period of 10 years following its end for all data necessary for Nimbus to fulfill its accounting obligations, as well as for a period of 5 years following the end of the commercial relationship for all other data.

Each Customer acknowledges having been informed of their right to access data concerning them, as well as their rights to rectification, questioning, limitation, portability, erasure, and opposition. These rights are exercised with the Supplier at the following contact details:

Mailing address: 122 Bent Tree Dr Palm Beach Gardens, FL 33418 | USA

Email address: [email protected]

If a Customer believes their rights have been violated or they have not been satisfied by Nimbus, they are entitled to file a complaint with the appropriate data protection authorities in Florida.

This Agreement and any other agreements, notices, or other communications regarding your transactions with Nimbus may be provided to the Customer electronically. The Customer agrees to receive communications from Nimbus electronically and that electronic agreements shall be binding as if in writing and signed by the party agreeing to them.

8. Right of Withdrawal

There is no right of withdrawal for custom-made goods.

All parts produced by Nimbus are custom-made according to the specifications provided by the Customers, who cannot claim a right of withdrawal from the sale.

9. Applicable Law and Disputes

All disputes arising from purchase and sale transactions concluded under these GTS, concerning their validity, interpretation, execution, termination, consequences, and aftermath, which cannot be resolved amicably between Nimbus and the Customer will be submitted to the competent institutions of the state of Florida.

Any dispute arising out of or related to this Agreement shall be resolved through mediation or arbitration in accordance with the rules of the Florida Mediation or Arbitration Program.

The parties agree to submit to the jurisdiction of these programs before initiating any legal action.

In case of a dispute, the Customer can first file a complaint with Nimbus at the following contact details:

Email: [email protected]

Any dispute that could not be resolved within the framework of a prior complaint can be submitted.