ARTICLE 1 - SCOPE OF APPLICATION
These general terms and conditions of sale express the entirety of the obligations of the parties and the Customer is deemed to accept them without reservation as soon as they place an order.
These general terms and conditions of sale apply to relations with the Customer to the exclusion of all other terms and conditions, in particular those applicable to sales in shops.
The term ‘buyer’ as used herein refers to the customer who uses the products purchased for personal use (leisure, business travel) and not in a professional context, i.e. for resale to their own customers.
Their purpose is to define the rights and obligations of the parties in connection with the online sale of products offered to the Customer on our website.
We reserve the right to modify these terms and conditions of sale.
The Customer acknowledges having been informed, prior to placing their order and entering into the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in Article L221-5 of the French Consumer Code.
The following information is therefore provided to the Customer in a clear and comprehensible manner:
- the essential characteristics of the goods or services,
- the price of the goods or services,
- transport and delivery costs,
- if the goods are not delivered immediately, the date or deadline by which we undertake to deliver the goods,
- information relating to our identity, postal address, telephone number and email address, our business, legal guarantees, the functionalities of digital content, and the terms and conditions for implementing legal and contractual guarantees.
ARTICLE 3 - ORDER
The Customer places their order online from the product range available on our website, in accordance with the terms and conditions set out on the website and subject to availability.
In order to complete the Order, the Customer must follow the steps below:
1. Enter the website address;
2. Follow the instructions on the website, in particular those required to open a customer account;
3. Complete the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Customer prior to this inactivity may no longer be guaranteed. The Customer is then invited to resume their selection of Goods and Services from the beginning;
4. Check the items in the Order and, if necessary, identify and correct any errors;
5. Confirm the Order, the Total Price and the All-Inclusive Price;
6. Follow the instructions on the online payment server to pay the All-Inclusive Price.
In order for the order to be confirmed, the Customer must accept these terms and conditions by clicking in the place indicated. They must indicate the address and delivery method and confirm the payment method.
The sale will be considered final:
- after we have sent the Customer confirmation of acceptance of the order by email,
- after receipt of full payment.
All orders imply acceptance of the prices and descriptions of the products available for sale.
In certain cases, such as non-payment, incorrect address or other problems with the Customer's account, we reserve the right to block the order until the problem is resolved.
As our sales are always subject to availability, if one or more of the products ordered are unavailable, the Customer will be informed by email.
If the delivery of one or more items ordered cannot be made due to a stock shortage, the order may be cancelled if our Company is unable to offer a suitable replacement product to our Customer.
For any questions regarding the tracking of an order, the Customer should call +44 744 694 694 at the following times: Monday to Friday from 9 a.m. to 12:30 p.m. and from 2 p.m. to 6:30 p.m. (cost of a local call).
ARTICLE 4 - ELECTRONIC SIGNATURE
The online provision of the Customer's credit card number and the final confirmation of the order shall constitute proof of the Customer's agreement and:
- the amounts due for their order,
- signature and express acceptance of all operations carried out.
We shall provide the Customer with a copy of the document confirming the agreement between the parties on a durable medium.
ARTICLE 6 - PROOF OF THE CONTRACT
The computerised records stored in our computer systems under reasonable security conditions shall be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
ARTICLE 7 - PRODUCT INFORMATION
The products to which these terms and conditions of sale apply are those listed on our website, indicated as sold and shipped. They are always offered within the limits of available stock.
The products offered for sale are described as accurately as possible.
With regard to photographs of assembled bicycles, they may show a bicycle with equipment that may differ from that described, given the many possible combinations (groupsets, wheels, equipment, etc.) and the impossibility of showing them all in photographs. In this case, the photograph will indicate the model shown.
The applicable price is the price listed on our website at the time of the order.
We reserve the right to modify the price of products at any time.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition unless otherwise indicated, and are indicated before the order is confirmed.
Prices include VAT applicable on the date of the order and any change in the rate will be automatically reflected in the price of the products.
If, as a result of an error, the price advertised on the website is derisory in relation to the actual value of the product offered for sale, our Company may, without incurring any liability, refrain from executing the sale, i.e. delivering the product at the incorrect price.
In the event of an order for products to be delivered outside mainland France, the Customer undertakes to pay all duties, customs duties, taxes, contributions or levies of any kind that they may be required to pay under the law of the country of delivery.
Payment of the full price must be made when the order is placed.
The sums paid cannot be considered as deposits or down payments.
If one or more contributions, in particular environmental contributions, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the products.
ARTICLE 9 - METHOD OF PAYMENT
To pay for their order, the Customer may use the payment methods made available by us on the website. The Customer guarantees that they have the necessary authorisation to use the payment method they have chosen. We reserve the right to suspend any order processing or delivery in the event of refusal of authorisation of payment by credit card by the bodies accredited for this purpose or in the event of non-payment.
The transaction is immediately debited from the Customer's credit card after verification of the card details and receipt of authorisation to debit the card from the issuer of the credit card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing their credit card details, the Customer authorises the Seller to debit their credit card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that they are the holder of the credit card to be debited and that the name appearing on the credit card is indeed theirs. The Customer provides the sixteen digits and expiry date of their credit card and, where applicable, the security code.
If the All-Inclusive Price cannot be debited, the Online Sale shall be immediately terminated as of right and the Order shall be cancelled.
Our financial partner FLOA offers payment solutions for your purchases of goods and/or services, in 3 or 4 instalments by credit card. These payment solutions are reserved for individuals (natural persons of legal age) residing in France who hold a Visa or MasterCard credit card with an expiry date corresponding to the repayment period. FLOA, RCS Bordeaux 434 130 423, whose registered office is located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300), is subject to supervision by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09 and registered with ORIAS under number 07 028 160 (www.orias.fr). FLOA reserves the right to accept or refuse your financing application; you have a legal withdrawal period of 14 days. For more information, click here.
Please note that if you request to pay for your order of goods and/or services using these payment solutions, your personal data will be transmitted to FLOA for the purposes of assessing your financing application, managing your credit agreement and, where applicable, debt collection. For more information, click here.
A loan is a commitment and must be repaid. Check your repayment capacity before committing yourself.
Payment in 10 instalments by credit card with our partner FLOA.
Our financial partner, FLOA, offers you the option of financing your purchases of goods and/or services on credit. This credit solution is reserved for individuals (natural persons of legal age) residing in France who hold a Visa or MasterCard credit card with an expiry date more than 6 months after the date of purchase.
FLOA, RCS Bordeaux 434 130 423, whose registered office is located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300) and registered with ORIAS under number 07 028 160 (www.orias.fr).
FLOA reserves the right to accept or refuse your financing application; you have a legal right to withdraw. Please note that if you request to pay for your order of goods and/or services using this credit solution, your personal data will be transmitted to FLOA for the purposes of assessing your financing application, managing your credit agreement and, where applicable, debt collection. More information here.
Example of a purchase of £1069 financed with a credit facility (1) of £957: Down payment of £112 followed by 9 monthly instalments (2) of £112 at a fixed APR of 14%, fixed borrowing rate of 13%. Total amount payable by the borrower = £1,010, including £53 in credit costs. (1) Subject to acceptance of your application by FLOA. You have the legal right to withdraw from the agreement.
(2) Indicative example with no contractual value, calculated on the basis of a first payment due 30 days after the date of financing. Interest rates valid as at 13/11/2023 and subject to change.
A loan is a commitment and must be repaid. Check your repayment capacity before committing yourself
ARTICLE 10 - DELIVERY
Except in cases of force majeure or during periods when the online store is closed, which will be announced on the home page of our website, shipping times will be as indicated below, subject to availability.
For delivery times in mainland France, the legal deadline is a maximum of 20 working days from the day following the date of the Customer's order by our Company.
Shipping times run from the date of registration of the order indicated on the order confirmation email.
In the event of failure to comply with the agreed delivery date or time, the Customer must, before terminating the contract, request our Company to deliver within a reasonable additional period.
If this new deadline is not met, the Customer may freely terminate the contract.
The Customer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract shall be deemed terminated upon receipt by us of the letter or written notice informing us of this termination, unless delivery has taken place in the meantime.
However, the Customer may immediately terminate the contract if the delivery dates or deadlines constitute an essential condition of the contract for them.
In this case, when the contract is terminated, we will refund the Customer all sums paid, at the latest within 14 days of the date on which the contract was terminated.
If the product ordered is unavailable, the Customer will be informed as soon as possible and will have the option of cancelling their order. The Customer will then have the choice of requesting either a refund of the sums paid within 30 days of payment, or an exchange of the product.
ARTICLE 11 - DELIVERY TERMS
Delivery means the transfer of physical possession or control of the goods to the consumer. It is only made after confirmation of payment by the seller's bank.
For home delivery, delivery costs for mainland France vary from £8.99 to £9.99 depending on the carrier chosen. For delivery to a pick-up point, delivery costs vary from £5.49 to £5.99 depending on the carrier. For all orders over £70, a delivery charge of £0.99 will be added.
Bicycles are shipped in accordance with the safety requirements set out in Decree 2016-364 of 29 March 2016.
If the products ordered are only partially available, there may be several deliveries, but only one will be invoiced to the customer, unless the delivery locations are different.
Products are delivered to the address indicated by the Customer on the order form, who must ensure that it is correct.
Any package returned to our Company due to an incorrect or incomplete delivery address will be re-shipped at the Customer's expense.
The Customer is responsible for checking the condition of the packaging and the items upon delivery. If they are damaged, the Customer must refuse the package and note any anomalies concerning the delivery (damage, missing products, damaged packages, etc.) on the delivery note in the form of handwritten reservations accompanied by their signature. This verification is considered to have been carried out once the Customer, or a person authorised by them, has signed the receipt.
In order to enable our Company to take action against the defaulting carrier, the Customer undertakes to confirm their reservations to the carrier by registered letter with acknowledgement of receipt no later than two working days after receipt of the item(s) and to send a copy of this letter to our Company.
The Customer must also send a copy of this letter to the Seller. Failure to make a complaint within the aforementioned period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.p>
ARTICLE 12 - DELIVERY ERROR
The Customer must ensure that the Goods delivered to them correspond to the Order. In the event of non-compliance of the Goods in terms of type or quality with the specifications mentioned in the Delivery Note, the Customer must inform our Company by email and immediately return the Goods to our Company in their original condition (packaging, instructions, accessories, etc.) by registered post to our Company's address below:
MATERIEL VELO.COM
Z.A d’Epinay
671 rue de la Farnière
69400 GLEIZE
FRANCE
Upon receipt of the complaint, the product(s) concerned will be exchanged.
We will cover the return shipping costs. A prepaid return label will be provided to UK Customers by Materiel-velo.com so that they can return the product at no cost.
The transfer of ownership of the products and risks occurs after full payment of the price.
ARTICLE 14 - PRODUCT WARRANTY
14-1 - Legal guarantees of conformity and hidden defects
Our Company guarantees that the goods comply with the contract, allowing the Customer to invoke the legal guarantee of conformity provided for in Articles L217-4 et seq. of the French Consumer Code or the guarantee against defects in the item sold provided for in Articles 1641 et seq. of the French Civil Code.
In the event of implementation of the legal guarantee of conformity, it is hereby reiterated that:
- the Customer has a period of two years from delivery of the goods to take action,
- the Customer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-7 of the Consumer Code,
- the Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
Furthermore, it is noted that:
- the legal guarantee of conformity applies independently of the commercial guarantee below,
- the Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
14-2 - Commercial warranty
The products are also covered by a commercial warranty intended to guarantee their conformity and ensuring the refund of the purchase price, replacement or repair of the goods.
This commercial warranty is valid for one year from the date of delivery of the product.
14-3 - Non-warranty
The warranty shall not apply when the defects in the product are caused by abnormal or incorrect use or by a cause unrelated to the intrinsic qualities of the product, or in the event of poor maintenance of the products by the Customer (e.g. cleaning with an inappropriate product, failure to comply with tightening torques, assembly of incompatible products, etc.).
The Customer is informed that our Company is not the manufacturer of the products presented within the meaning of the law on liability for defective products.
14-4 - Warranty for second-hand bikes
The second-hand bikes we offer for sale are covered by the legal warranty of conformity and hidden defects with the specificities that may apply to second-hand goods. However, it should be noted that used bikes have already been used by a previous owner before being resold, and that this necessarily results in wear and tear, particularly on mechanical parts (wheels, derailleurs, brakes, pedals, tyres, etc.). Upon delivery of the bicycle, the customer must carefully inspect the bicycle and report any apparent defects to us within 24 hours. Failing this, they will not be able to claim such a defect, which will be deemed not to have existed at the time of delivery. It should be noted that the warranty does not cover faults and problems related in particular to:
- normal wear and tear of the bike or its components,
- lack of maintenance or poor maintenance (use of unsuitable products, failure to comply with tightening torques or the manufacturer's recommendations, etc.).
- misuse of the bike or use of the bike in a manner that does not comply with its characteristics.
ARTICLE 15 - RIGHT OF WITHDRAWAL
The Customer has a period of 30 working days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return costs, which remain their responsibility.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in a condition that allows them to be sold as new, accompanied by the invoice.
The return address for products is that stated in Article 12 - Delivery error.
The products ordered will not be taken back if they have been damaged by the Customer's handling other than that necessary to establish the nature, characteristics and proper functioning of the products. By way of illustration, damaged, soiled or incomplete products will not be taken back.
The right of withdrawal may be exercised online using the withdrawal form available on our website. In this case, an acknowledgement of receipt on a durable medium will be sent to the Customer immediately. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) for which this right is exercised will be refunded, excluding delivery costs.
The return costs are the responsibility of the Customer. You can benefit from free delivery by subscribing to the ‘Elite+’ offer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by our Company of the products returned in accordance with the conditions set out herein.
ARTICLE 16 - FORCE MAJEURE
Any circumstances beyond the control of the parties that prevent the normal performance of their obligations shall be considered as grounds for exemption from the obligations of the parties and shall result in the suspension of those obligations.
The party invoking such circumstances must immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure. In addition to those usually considered by case law, the following shall be considered as cases of force majeure or fortuitous events: strikes within or outside our Company, blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, telecommunications network outages or difficulties specific to telecommunications networks external to customers.
The parties shall consult each other to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts for more than three months, the contract may be terminated by the aggrieved party.
ARTICLE 17 - INTELLECTUAL PROPERTY
The content of our Company's website remains the exclusive property of the Company.
The Customer may not make any use of this content: any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.
The data provided by the Customer is necessary for the processing of their order.
It may be communicated to our Company's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via our website has been declared to the French Data Protection Authority (CNIL).
The Customer has the right to access, modify, rectify and oppose the information concerning them at any time. This right may be exercised under the conditions and in accordance with the procedures defined on our website. - PROCESSING OF OUR CUSTOMERS' PERSONAL DATA
18-1- Collection of Customer data
The collection of data is necessary for our Company to take and process orders from our Customers. This collection is based on the consent of our Customers.
If one or more pieces of data are not provided, our Company may not be able to process an order.
The personal data collected on our website is as follows:
- Account creation: when creating a Customer account, the Customer's surname, first name, date of birth, email address, physical address, telephone number and cycling discipline are collected.
- Connection to our Site: when connecting to our site, it records, in particular, their surname, first name, address, connection data, usage data and location data.
- Cookies: cookies are used in connection with the use of our Site and the user can disable them in their browser settings.
18-2- Use of the data provided
The personal data requested from the Customer and provided by them is necessary for processing their order.
More specifically, the data is used for the following purposes:
- access to our website, ordering, delivery and payment for our products,
- sending commercial and advertising information, according to our Customers' preferences,
- managing any disputes with the Customer.
- no profiling or automated decision-making is carried out on the basis of the personal data collected.
This personal data is used by our Company's employees for order processing.
The contact details of the person responsible for processing personal data within our Company are provided on our contact form and can be accessed via this form by selecting ‘My personal data’ in the subject line of the message.
18-3- Sharing data with third parties
The Customer's personal data may be shared with third-party companies in the following cases:
- when our Company subcontracts all or part of the services ordered by the Customer to subcontractors (e.g. carriers),
- when the Customer uses payment services, our Company is in contact with banking and financial companies,
- when the Customer agrees to receive commercial or advertising information, advertising service providers have access to the Customer's data in order to perform their services,
- when required by law, our Company may be required to disclose personal data in order to respond to claims made against it and to comply with administrative and legal procedures,
- if our Company is involved in a merger, acquisition, transfer of assets or in receivership, reorganisation or liquidation proceedings, it may be required to transfer or share all or part of its assets, including personal data. In such a case, Customers will be informed before personal data is transferred to a third party.
18-4- Transfer of personal data
The personal data collected will not be transferred to one or more countries outside the European Union.
18-5- Data security and confidentiality
Our Company takes organisational, technical, software and physical measures in the field of digital security to protect the personal data it holds and to prevent alteration, destruction and unauthorised access.
Despite the measures taken by our Company, it should be noted that the internet is not a completely secure environment and therefore we cannot guarantee the security of the transmission and storage of information on the internet.
18-6- Our Customers' rights regarding their personal data
In accordance with the legislation and regulations in force, our Customers have the following rights:
- right of access to their personal data
Our Customers may exercise their right of access to their personal data by writing their request on our contact form, selecting ‘My personal data’ in the subject line of the message.
Before granting access, our Company may request proof of the identity of the person making the request in order to verify its accuracy.- right to rectify and update personal data Our Customers may rectify or update their personal data by writing their request on our contact form and selecting ‘My personal data’ in the subject line of the message. - Right to obtain the deletion of personal data Our Customers may request the deletion of personal data concerning them, in accordance with the applicable rules, by writing their request on our contact form and selecting ‘My personal data’ in the subject line of the message.
- right to data portability
Our Customers may retrieve their personal data by writing their request on our contact form and selecting ‘My personal data’ in the subject line of the message.
18-7- Retention period for personal data
Personal data collected by our Company is retained for 2 years.
These general terms and conditions of sale are written in English. If they are translated into one or more foreign languages, only the English text shall be binding in the event of a dispute.
ARTICLE 20 - DISPUTES
In the event of a dispute with our Company, the Customer has the option, in order to try to reach an amicable resolution, to call upon a mediator.
This procedure, which is not mandatory, is free of charge except for any legal or expert fees that may be incurred by the Customer.
Customers who wish to use mediation must submit a written complaint to us before any mediation can take place.
The request for mediation must then be submitted within one year of the complaint, otherwise it will be inadmissible.
The dispute cannot be examined by the consumer mediator if the request is manifestly unfounded or abusive, if the dispute has previously been examined or is currently being examined by another mediator or by a court, or if the dispute does not fall within the mediator's area of competence.
The Customer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies or any other alternative dispute resolution method (conciliation, etc.) in the event of a dispute.
CONSUMER MEDIATION SERVICE
Amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code: In the event of unresolved disputes between the Professional and the Consumer, the latter has one year to refer the matter to the consumer mediator. If the conditions are met, consumer mediation will take place in accordance with the texts and the process in force.
Consumer mediation is an out-of-court settlement of consumer disputes. The procedure is free of charge for the consumer (R612-1 of the Consumer Code).
The consumer may refer the matter to the consumer mediator at the following address:
MEDIATION – VIVONS MIEUX ENSEMBLE
www.mediation-vivons-mieux-ensemble.fr
mediation@vivons-mieux-ensemble.fr
2 impasse de Beauregard
54 000 NANCY
European online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest
ARTICLE 21 - APPLICABLE LAW
These general terms and conditions of sale are subject to French law, excluding the provisions of the Vienna Convention on the International Sale of Goods.
ARTICLE 22 - GENERAL PROVISIONS
In the event that a clause or provision of this Contract is invalidated, its invalidity shall not affect the other provisions or the validity of this Contract or the clause as a whole. The parties shall then endeavour to amend the invalid clause so that it complies with the law while respecting the balance and objectives of this Contract.
Previous practices established between the parties or the manner in which they have performed this Contract shall not be taken into account in interpreting this Contract.
The division of this Agreement into separate articles and the drafting of headings shall not in any way affect their interpretation. In the event of a conflict between the title of a clause and its content, the content shall prevail.
The fact that our Company does not invoke one or more provisions of this Agreement at a given time shall not constitute a waiver of its right to invoke them at a later date. - APPENDIX
Below are links to the provisions of Articles L217-4, L217-5, L217-12 and L217-16 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code.
Consumer Code - Article L217-4
Consumer Code - Article L217-5
Consumer Code - Article L217-12
Consumer Code - Article L217-16
Civil Code - Article 1641
Civil Code - Article 1648
