Terms and conditions of sale
PREAMBLE :
The company " Fernand Gaston Workshop "is a S.A.S.U. with share capital of 2,000 euros, headquartered at 95 rue de l'Aubonnière, 17450 Saint-Laurent-de-la-prée (France), registered in the La Rochelle (17000) Trade and Companies Register under number 824 495 030, vAT number : FR40824495030. .
Phone : +33 (0)6 49 27 12 60 - E-mail : contact@bakkiecycles.fr
The website " https://www.bakkiecycles.fr/en/bakkie-cycles-accessories "is the property of the company Fernand Gaston Workshop ".
The "BAKKIE CYCLES ACCESSORIES" brand is a registered trademark of " Fernand Gaston Workshop ".
The company " Fernand Gaston Workshop "markets its own brand products BAKKIE CYCLES ACCESSORIES ", in particular via the " https://www.bakkiecycles.fr/en/bakkie-cycles-accessories ".
The company " Fernand Gaston Workshop "may also select products from other brands and market them via the website" https://www.bakkiecycles.fr/en/bakkie-cycles-accessories ".
These general terms and conditions of sale apply to all sales concluded via the " https://www.bakkiecycles.fr/en/bakkie-cycles-accessories "with all natural or legal persons, hereinafter referred to as " THE CUSTOMER. .
Any reproduction, in whole or in part, of the " https://www.bakkiecycles.fr/en/bakkie-cycles-accessories "is prohibited, except with the prior written authorization of the company " Fernand Gaston Workshop ". .
Article 1: Scope of application
THE CUSTOMER acknowledges having read these terms and conditions of sale and expressly declares that it accepts them in full and without reservation, it being specified that this acceptance does not require a handwritten signature.
THE CUSTOMER can download or save the present general terms and conditions of sale and is recommended to keep the version in force on the day of his order on https://www.bakkiecycles.fr/en/bakkie-cycles-accessories.
Orders placed on https://www.bakkiecycles.fr/en/bakkie-cycles-accessories engage THE CUSTOMER irrevocably and will be confirmed as soon as possible by e-mail with the confirmation of the order, subject to the following conditions THE CUSTOMER has filled in the E-mail field. Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them, and waiver of the right to invoke one's own terms and conditions of purchase or any other terms and conditions. In particular, this confirmation indicates the references and prices of the various products ordered, as well as any delivery charges associated with the order. The customer is advised to CUSTOMER to store or print a copy of the order form until receiving the order confirmation e-mail. As this is an online offer, subject to the vagaries of transmission via the Internet network, it is only valid immediately and subject to the following conditions
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subject to acceptance of the order by https://www.bakkiecycles.fr/en/bakkie-cycles-accessories and by its financial partner in charge of online payment.
Article 2: Products
2.1 Product identification and conformity
The products offered for sale are those described on https://www.bakkiecycles.fr/en/bakkie-cycles-accessories on the day of order by THE CUSTOMER, while stocks last. This information is updated automatically in real time. However, we cannot be held responsible for any errors in updating, whatever their origin from https://www.bakkiecycles.fr/en/bakkie-cycles-accessories. .
Text descriptions and photographs of the brand's products BAKKIE CYCLES ACCESSORIES are contractually binding.
For products of other brands, the photographs, texts, graphics and technical data sheets are taken from documentation produced by the said brands, reproduced under their control and with their agreement. In such cases, the responsibility of https://www.bakkiecycles.fr/en/bakkie-cycles-accessories shall not be held liable in the event that a supplier modifies the characteristics of a product for any reason whatsoever (improvement, evolution of raw materials, etc.).
If THE CUSTOMER makes a purchase in order to use it with a product already in his possession, he must, under his own responsibility, check the possibility and compatibility of doing so against the description sheets of the products concerned. https://www.bakkiecycles.fr/en/bakkie-cycles-accessories cannot be held responsible for any difficulties of use or compatibility.
2.2 Availability
Information on product availability is provided when the order is placed.
If items are unavailable after an order has been placed, THE CUSTOMER will be informed by e-mail as soon as possible, by https://www.bakkiecycles.fr/en/bakkie-cycles-accessories who can then offer him an equivalent product, which THE CUSTOMER will be free to accept or refuse.
Article 3: Prizes
The prices shown on https://www.bakkiecycles.fr/en/bakkie-cycles-accessories are prices inclusive of all taxes (TTC) in euros, taking into account the VAT applicable on the date of the order. Any change in the rate may be reflected in the price of products or services. https://www.bakkiecycles.fr/en/bakkie-cycles-accessories reserves the right to modify its prices at any time, it being understood however that the selling price retained for the purchase of a product corresponds to that indicated on https://www.bakkiecycles.fr/en/bakkie-cycles-accessories at the time of order registration. Delivery charges are the responsibility of CUSTOMER and are invoiced in addition to the sales price of the products, unless otherwise specified or specifically offered.
Article 4. Reservation of ownership
https://www.bakkiecycles.fr/en/bakkie-cycles-accessories retains full ownership of the products sold, until full payment of all sums due by THE CUSTOMER in principal, costs and taxes. However, upon receipt of the goods by THE CUSTOMER, in this case, the risk is transferred to the customer, who is responsible for ensuring that the goods are properly stored.
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Article 5: Order and payment
Before ordering, THE CUSTOMER must create an account on https://www.bakkiecycles.fr/en/bakkie-cycles-accessories. Each time you visit the site, if you wish to place an order or consult your account (order status, profile, etc.), you must identify yourself.
To pay for your order, THE CUSTOMER can use any of the payment methods offered at the time of final validation of the order: credit card, cheque or bank transfer.
If THE CUSTOMER if you choose to pay by credit card, the transaction will take place on the secure pages of the Payplug solution, which ensures confidentiality and security thanks to SSL (Secure Soket Layer) protocol. Cheques must be drawn on a French bank. Orders paid by cheque or bank transfer will be processed once the cheque or transfer has cleared. Availability and dispatch times begin on the date payment is received.
https://www.bakkiecycles.fr/en/bakkie-cycles-accessories confirms acceptance of its order to CUSTOMER to the e-mail address provided. This acknowledgement of receipt will specify the exact amount invoiced and the terms of delivery of the order. The sale will not be concluded until confirmation of acceptance of the order by https://www.bakkiecycles.fr/en/bakkie-cycles-accessories. .
https://www.bakkiecycles.fr/en/bakkie-cycles-accessories reserves the right to cancel any order placed by a CUSTOMER with whom there is a dispute relating to the payment of a previous order. He go to also reserves the right to refuse any order that is quantitatively incompatible with thehe pursuit of a non-commercial goal.
THE CUSTOMER must check the completeness and conformity of the information provided at the time of the order, in particular concerning the delivery address. https://www.bakkiecycles.fr/en/bakkie-cycles-accessories cannot be held responsible for any data entry errors and their consequences (delays or delivery errors, for example). In this context, any costs incurred for the reshipment of the order shall be borne by the customer of the CUSTOMER. The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and routing of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the order not being validated.
To modify or cancel your order before it has been processed (invoiced, being packed or already shipped) by the services of https://www.bakkiecycles.fr/en/bakkie-cycles-accessories , , THE CUSTOMER must make the request as soon as possible by e-mail to contact@bakkiecycles.fr. In the event of an accepted cancellation, the refund will be made using the same means of payment as that used for the transaction.
Article 6: Delivery
Products are delivered to the delivery address indicated in the order. THE CUSTOMER has the option of delivery to an address other than the billing address. In this case, both addresses - must be specified. Delivery times are given as an indication on https://www.bakkiecycles.fr/en/bakkie-cycles-accessories depending on certain parameters such as the day and time of receipt of payment for the order, and subject to the availability indicated on the product sheet. The delivery times announced on https://www.bakkiecycles.fr/en/bakkie-cycles-accessories from the date of dispatch from the warehouse of the products ordered by THE CUSTOMER, these lead times may not exceed 7 days from the time the order is validated by https://www.bakkiecycles.fr/en/bakkie-cycles-accessories for available products, in stock at time of order. For all products requiring a restocking lead time, such as made-to-order products, this lead time must be added to the delivery lead time.
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In addition, for deliveries outside mainland France, THE CUSTOMER expressly undertakes to pay all taxes due on the import of products, customs duty, value-added tax, and any other taxes due under the laws of the country in which the order is received and, in the event of failure to meet its obligations, to assume sole responsibility for them - and without recourse against https://www.bakkiecycles.fr/en/bakkie-cycles-accessories - all administrative, legal and financial consequences. When an order is placed for a product that is no longer in stock, an e-mail will be sent to inform the customer THE CUSTOMER. The commitment of https://www.bakkiecycles.fr/en/bakkie-cycles-accessories for delivery times is only valid if the delivery address has been perfectly and clearly formulated by THE CUSTOMER, of its presence or that of an authorized person when the carrier passes by and of the absence of any obstacle, imponderable or any case of force majeure beyond the control of https://www.bakkiecycles.fr/en/bakkie-cycles-accessories and its carrier partner. Delivery is deemed to have been made on the date of first presentation of the goods to the CUSTOMER. .
THE CUSTOMER is obliged to check the conformity of the goods delivered at the time of delivery, before signing the delivery note. Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) must be indicated on the delivery note signed by THE CUSTOMER who must notify https://www.bakkiecycles.fr/en/bakkie-cycles-accessories by e-mail of these anomalies upon receipt of the package. If THE CUSTOMER entrusts the receipt of the product to a third party, he assumes full responsibility.
Article 7 : Return for retraction
THE CUSTOMER has a cooling-off period of 14 days from delivery of the product to return it at Fernand Gaston Workshop's head office for exchange or refund without penalty, with the exception of return shipping costs, which are at the customer's expense CUSTOMER. .
In order to guarantee a better processing of the return, a return request must be made directly, simply indicating the reason for the return (retraction) without the need to justify this request. This request can be made directly by e-mail.
To take advantage of this possibility, THE CUSTOMER must return the products complete with accessories and assembly or operating instructions. In the event of a return, the customer must pack the item carefully, and may reuse the original packaging if it is in sufficiently good condition. This right of withdrawal is only available to consumers, as defined by law, and only for physical products. Professional buyers do not benefit from the right of withdrawal.
Refunds will be made by the same means of payment used by THE CUSTOMER at the time of the transaction. In the event of the return of a complete or partial order having benefited from a discount on shipping costs or free shipping costs, the amount of the order refund will be reduced by the cost of these shipping costs.
Please note: THE CUSTOMER must always keep the original packaging of the products, otherwise they will not be able to be reshipped in the event of problems. In fact, the French Post Office and all carriers will never accept delivery of products not packaged in manageable cartons.
Article 8: Product warranties
Brand products BAKKIE CYCLES ACCESSORIES are guaranteed for 2 years.
Other products sold via https://www.bakkiecycles.fr/en/bakkie-cycles-accessories are covered by a manufacturer's warranty, the duration of which is indicated in the technical description of the product on our website https://www.bakkiecycles.fr/en/bakkie-cycles-accessories. The precise conditions of application of the warranty are defined directly in the documents delivered with the product.
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In all cases, THE CUSTOMER be able to present the product invoice issued by the company Fernand Gaston Workshop to benefit from the manufacturer's warranty.
The warranty start date for a product is the date of the product invoice.
The warranty does not cover equipment used in competition or rental, or damage caused by wear and tear, misuse, lack of maintenance or any modification made to the product after delivery.
This warranty does not cover :
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Replacement of consumables
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Non-compliant, irregular or abnormal use of products
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Defects or specific features of a product mentioned in the product data sheets
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Defects and their consequences if the product is not used for its intended purpose
intended for
In case of return THE CUSTOMER must return the defective product(s) after acceptance by E-mailof the company Fernand Gaston Workshop.
Return shipping costs to CUSTOMER of new or repaired equipment are covered by the company Fernand GastonWorkshop. .
https://www.bakkiecycles.fr/en/bakkie-cycles-accessories cannot be held responsible for non-compliance with the laws and regulations in force in the country of reception. The responsibility of https://www.bakkiecycles.fr/en/bakkie-cycles-accessories is systematically limited to the value of the product in question, value at its date of sale and this without possibility of recourse towards the brand or the company producing the product. In all cases, THE CUSTOMER benefits from the legal warranty against eviction and hidden defects (Art.1625 et seq. of the French Civil Code). Provided the seller can prove the latent defect, he is legally bound to repair all the consequences (art.1641 et seq. of the French Civil Code); if the buyer goes to court, he must do so within a "short period" from the discovery of the latent defect (art.1648 of the French Civil Code).
Article 9: Responsibilities
https://www.bakkiecycles.fr/en/bakkie-cycles-accessories cannot be held responsible for damage of any kind, whether material or immaterialor bodily injury that may result :
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product misuse,
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failure to follow the instructions given in the user manuals,
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of any handling errors,
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any abnormal or improper use of the product,
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from any external cause.
All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties shall be considered as acts of God or force majeure.
Article 10: Personal data
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When an order is placed, the personal data of the CUSTOMER will be processed electronically. THE CUSTOMER is invited to refer to the "Personal data"from https://www.bakkiecycles.fr/en/bakkie-cycles-accessories for full information on this point.
In accordance with the French Data Protection Act of January 6, 1978, THE CUSTOMER has the right to access, rectify and delete any information concerning him/her at any time. To do so, simply send an e-mail to contact@bakkiecycles.fr or write to the company's head office Fernand Gaston Workshop. .
Article 11: Applicable law
Any dispute concerning these terms and conditions of sale shall be governed by French law.
In the event of a dispute or litigation, the competent court will be the one in which the company is located Fernand Gaston
Workshop. . . .
Article 12: Mediation of consumer disputes
In the event of difficulties in the performance of the sales contract, THE CUSTOMER will give priority to the
Fernand Gaston Workshop with a view to finding an amicable solution.
Failing amicable agreement, if THE CUSTOMER is a consumer, claims or disputes relating to the validity, interpretation, performance or non-performance, interruption or termination of the sales contract may be submitted to the Mediator of the Conseil national des professions de l'automobile (CNPA) registered on the list of mediators drawn up by the Commission d'évaluation et de contrôle de la médiation de la consommation in application of article L.615-1 of the French Consumer Code.
The website www.mediateur-cnpa.fr describes the proposed Mediation process and enables customers to submit a Mediation request online. The Mediation officer may also be contacted by post, using a complaint form that can be downloaded from the Mediation officer's website at : Monsieur le Médiateur du Conseil national des professions de l'automobile (CNPA) - 43 Bis route cde Vaugirard CS 80016 - 92197 MEUDON CEDEX - (E-mail address: mediateur@mediateur-cnpa.fr).
The company Fernand Gaston Workshop informs THE CUSTOMER the existence of the European platform for online dispute resolution, designed to collect any complaints arising from online purchases by European consumers and forward them to the competent national mediators: this platform can be accessed at : ec.europa.eu. .
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