GENERAL TERMS AND CONDITIONS OF SALE OF THE MOTO PLANT FOR ITS SITES OF ONLINE SALES
Disclaimer : the following terms and conditions are translated into English via a translation tool, without proofreading.
FORZA 125 SHOP - CB500 SHOP - CB650 SHOP - NC700 SHOP - X-ADV SHOP - CB1000R SHOP - SHOP SHOP - ROSSOCROMO FRANCE - TAYLORMADE EXHAUSTS - PISTARDS OF THE EAST
Between the L'Usine Motos Company, 1 rue Emile Beley, 25460 ETUPES with the Share Capital of € 76,250, registered with the Trade and Companies Register of BELFORT, under number SIRET 377870860, represented by Mr. Paul PETITJEAN as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the homepage of the site or by phone at 03.81.91.36.90.
Hereinafter the "Seller" or the "Company".
And the natural or legal person purchasing the products of the company,
Hereinafter, the "Buyer", or "the Customer"
On the other hand,
It was stated and agreed as follows:
The sites of the Factory Motorcycles are specialized in the remote sale of accessories and spare parts for motorcycles of the Honda range. SARL Usine Motos respects for its sites the rules of distance selling established in particular in the law Hamon on the consumption:
- Information about products and delivery times
- Implementation of the right of withdrawal
- Settlement of disputes and guarantees
- Protection of personal data
ARTICLE 1 : OBJECT
The parties agree that their relations will be governed exclusively by these General Conditions of Sale (GTC) which determine the rights and obligations of the latter in the context of the online sale of products offered by the seller.
ARTICLE 2 : GENERAL PROVISIONS
These General Terms and Conditions of Sale apply to all sales of products made through the company's websites which are part of the contract between the buyer and the seller. The seller reserves the right to modify these at any time by publishing a new version on his website. The applicable GTC are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GTC are available on the company's websites by a direct link to the home page. The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click when placing an order. The customer declares to have read all these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation. The client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The customer declares to be able to contract legally, under French law, or validly represent the natural or legal person for which he undertakes. Unless proved otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 : PRICE
The prices of products sold through Internet sites are indicated in Euros, all taxes included, excluding shipping and specifically determined on the product descriptions pages. During promotions, the initial price is displayed. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The seller invites the buyer to inquire about these aspects from the local authorities. The company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the company's websites are the responsibility of the customer. Where applicable, pre-sales and delivery costs.
ARTICLE 4 : CONCLUSION OF THE ONLINE CONTRACT
The customer must follow a series of steps specific to each product offered by the seller to be able to carry out his order. However, the steps described below are systematic:
- Information on the essential characteristics of the product
- Choice of product, if any of its options
- Indication of the essential data of the customer (identification, address ...)
- Acceptance of these General Conditions of Sale
- Verification of the elements of the order and, if necessary, correction of errors
- Followed instructions for payment, and payment of products
- Delivery of products
The customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the customer. For the purposes of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the customer undertakes to provide its truthful identification. The seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 : PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The seller agrees to honor the customer's order within the limit of stocks of products available only. Otherwise, the seller informs the customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the products' offer and their prices are specified on the company's websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the seller refunds or exchanges defective products or those that do not correspond to the order. Refund can be requested by contacting customer support on the website or by mail.
ARTICLE 5 A : PRODUCT APPROVALS
As part of its activity of selling motorcycle products online, the seller is likely to sell non-homologated parts for the road. As such, the seller recalls that:
- In France: The use of non-homologated pots, as well as that of articles that can modify the characteristics of the engine or the motorcycle, is reserved for the competitions whose regulation usually allows it. It is excluded to use it on public roads. Any modification of the characteristics of the vehicle compared to its homologation on the French territory makes it unfit for road traffic. The purchaser of the uncertified parts can not in any case contest the fact of not being informed of the non-homologation of the sold property.
- Outside France: the customer must comply with the laws and regulations in force in his country regarding the approval and use of the products.
For any legal condition, the responsibility of the seller can not be engaged in problems known by the customer using a product outside the scope provided for it, especially with regard to approvals for the road.
ARTICLE 6 : CLAUSE OF RESERVE OF PROPERTY
The products remain the property of the company until full payment of the price.
ARTICLE 7 : TERMS OF DELIVERY
The products are delivered to the delivery address that was indicated at the time of the order and according to the indicated time. This time does not take into account the time of preparation of the order. When the customer orders several products at the same time, except exception, the delivery takes place in a single package within a time frame including the supply of the slowest product.
In case of delay of shipment, the customer is warned as soon as possible to validate his acceptance of the new deadlines. In case of long delay and not tolerated, the customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The seller proceeds to the refund of the product and expenses "go" under the conditions of Article L 138-3 of the Consumer Code. The seller provides a telephone point of contact (cost of a local call from a landline) indicated on the site to track the order. The seller reminds that when the customer takes physical possession of the products, the risk of loss or damage to the products are transferred to him. It is the customer's responsibility to notify the carrier of any reservations on the delivered product.
The delivery price is clearly indicated during the validation of the order. The calculation methods of this one are related:
- The weight of the package
- In the country of delivery
- To the selected carrier who practices a special rate according to the quality and speed expected of his service
ARTICLE 8 : AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of available stocks or subject to stocks available from suppliers of the company. In case of unavailability of an article for a period of more than 15 working days, the customer is notified upon receipt of the information of the new foreseeable delays and the order of the article can be canceled on simple request. The customer can then request a credit for the amount of the item or refund.
ARTICLE 9 : PAYMENT
Payment is due immediately upon order, including pre-order products. The customer can pay by credit card, bank check, SEPA transfer and funds on Paypal account. Cards issued by banks domiciled outside France must be international bank cards (Visa or Mastercard type). Secure online payment by credit card is made by our payment provider Stripe. The transmitted information is encrypted according to the current security standards and can not be read during transport over the network (SSL encryption). Once the payment has been initiated by the customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his bank details at the time of the sale, the customer authorizes the seller to debit his card with the amount relating to the price indicated. The customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved automatically and the order canceled.
For other payment methods, such as SEPA or Paypal checks and transfers, the order preparation procedure starts once the payment has been validated and actually cashed.
ARTICLE 10 : WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except , where applicable, return costs ". "The period mentioned in the preceding paragraph runs from receipt for goods or acceptance of the offer for services". The right of withdrawal can be exercised by contacting the company via the support on the site or by mail.
The Company informs Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal can not be exercised for orders of accessories / custom pieces (color, personalization, size, ... ) or having specific characteristics. This right is also not valid when mounting parts on a motorcycle.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the return costs remain the responsibility of the customer. The return of the products is to be made in their original state, complete (packaging, accessories, instructions ...) so that they can be re-marketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
In accordance with legal provisions, a standard withdrawal form to be sent to the support by e-mail or post is available from the company.
If the return of the product is recorded and its good return condition validated, the refund is committed within 72 hours, by the means of payment used by the customer.
ARTICLE 11 : GUARANTEES
According to the law, the seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. The refund request must be made in the same way as for the retractions: either by contact with the support online, by mail or by telephone.
The seller reminds that the consumer:
- has a period of 2 years from delivery of the goods to act with the seller
- that a repair, an exchange or a refund will be proposed to him according to the product, its defect and the most convenient modalities of the supplier
- that it is exempted to prove the existence of the lack of conformity of the good during the period of 2 years following the delivery of the good
- he can also assert the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).
ARTICLE 12 : CLAIMS
If necessary, the buyer can submit any complaint by contacting the company by online support, mail or phone.
ARTICLE 13 : INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14: FORCE MAJEURE
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 : NULLITY AND AMENDMENT OF THE CONTRACT
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
ARTICLE 16 : PROTECTION OF PERSONAL DATA
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will potentially receive emails containing information and promotional offers concerning products published by the Company. You can unsubscribe at any time. All you need to do is click on the link at the end of our emails or contact the person in charge of the data processing by e-mail or regular mail.
We carry out on all our sites a follow-up of the frequentation. For this, we use trackers like Google Analytics. These data remain anonymous and are for statistical purposes only.
ARTICLE 17 : APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are aimed at, will be subjected to the French right.
Last update of these general conditions published on 31/01/2018 at the company's headquarters in Etupes and on the group's websites.