General terms of sale

Nimbus suspension kits are made to order to the Customer's request. Off-the-shelf products, such as the Nimbus ∆P system, cartridges, and accessories, are standard goods sold as described.

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.

For made-to-order suspension kits, 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.

Orders for made-to-order goods are final once confirmed and cannot be canceled, as described in Section 8.

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

The prices of the products sold are those announced to the Customer on the day of the order. They are firm and final. Unless a checkout or invoice expressly states otherwise, catalog and quoted prices are expressed in US dollars excluding tax. Applicable sales tax, VAT, duties, and similar charges are added according to the Customer's route and legal status.

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

Payment is made through the Supplier's website or by another method accepted in writing by Nimbus.

For a made-to-order Nimbus suspension kit, 50% of the accepted kit amount is due at order acceptance. Production starts only after the order is confirmed, this deposit is received, and the Discovery Form is completed in Nimbus Workflow. The remaining 50%, plus shipping and any additional approved charges, is due before dispatch.

Nimbus ∆P and other non-kit products are paid in full at checkout or order acceptance. A ∆P system selected as part of a suspension-kit order is also collected in full with the kit deposit and is not part of the kit's remaining 50% balance.

Shipping is included only for complete Nimbus suspension kits delivered within mainland France. Springs, accessories, Nimbus ∆P products, and all other items are charged for shipping. For every other destination, shipping is added according to 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.

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.

Outside mainland France, 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 are the sole responsibility of the client. Nimbus Suspensions is not responsible for any additional costs that may arise from customs or import regulations.

The contractual maximum delivery time is one hundred and eighty (180) days from receipt of payment: the required deposit for a suspension kit, or full payment for an off-the-shelf product. Time lost to Customer delay, missing Discovery Form information, late approval, or force majeure is not counted. Mandatory consumer rights remain unaffected.

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.

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, complying with the conditions applicable in the State of Florida regarding the sale of custom goods.

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.

Nimbus suspension Products, including Aether units for Tesla Model 3 and Model Y, have two covered parts: limited lifetime coverage on listed structural components for the original purchaser, and wear-component coverage for 1 year or 25,000 miles, whichever comes first. All new Nimbus ∆P Products carry a 2-year limited warranty from delivery. For full terms and claims, see the Nimbus warranty page.

These commercial warranties are additional to and do not replace or shorten any mandatory legal guarantee or consumer remedy.

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

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.

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 for the personal data it processes. The General Data Protection Regulation (GDPR) applies where its territorial scope covers the Customer or processing; applicable Florida and United States privacy rules apply to the relevant US processing.

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 resulting from the execution of the sales concluded on the basis of these conditions. This personal data allows Nimbus to fulfill its legal and regulatory obligations.

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:

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.

There is no right of withdrawal for made-to-order goods.

Suspension kits produced by Nimbus are made to order according to the specifications provided by the Customer, who cannot claim a right of withdrawal from their sale.

For off-the-shelf products, including Nimbus ∆P, returns are governed by Section 4 and applicable law. Nothing in these terms excludes a mandatory consumer right.

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:

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