General terms and conditions of sale
 |
 |
 |
 |
 |
 |
PREAMBLE :
The company " Fernand Gaston Workshop "is a limited liability company with a share capital of 2,000 euros, whose registered office is located at 95 rue de l'Aubonnière, 17450 Saint-Laurent-de-la-prée (France), registered in the Trade and Companies Register of La Rochelle (17000) under number 824 495 030VAT number : FR40824495030.
Phone number: +33 (0)6 49 27 12 60 - E-mail : contact@bakkiecycles.fr
The website " www.bakkiecycles.fr "is the property of the company Fernand Gaston Workshop ».
The trademark "BAKKIE CYCLES ACCESSORIES is a registered trademark of the company " Fernand Gaston Workshop ».
The company " Fernand Gaston Workshop "markets the products of its brand " BAKKIE CYCLES ACCESSORIESbrand, in particular via the website " www.bakkiecycles.fr ».
The company " Fernand Gaston Workshop "can also select products from other brands and market them via the website " www.bakkiecycles.fr ».
The present general terms and conditions of sale apply to all sales concluded via the website " www.bakkiecycles.fr "with all natural or legal persons, hereinafter referred to as " THE CUSTOMER"..
Any reproduction, in whole or in part, of the website " www.bakkiecycles.fr is forbidden, except with the prior written authorisation of the company " Fernand Gaston Workshop ". Fernand Gaston Workshop ».
Article 1: Scope of application
THE CUSTOMER acknowledges having read these general terms and conditions of sale and expressly declares that he/she 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 these general terms and conditions of sale and is advised to keep the version in force on the day of his order on www.bakkiecycles.fr.
Orders placed on www.bakkiecycles.fr commit THE CUSTOMER irrevocably and will be confirmed as soon as possible by e-mail with the sending of the order confirmation, provided that THE CUSTOMER has filled in the E-mail field. Confirmation of the order implies acceptance of these general terms and conditions of sale, acknowledgement of having full knowledge of them and waiver of the right to invoke its own conditions of purchase or other conditions. This confirmation indicates in particular the references and the price of the various products ordered as well as the possible delivery costs linked to the order. The CUSTOMER to store or print out a copy of the order form until they receive 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 under the condition that it is sent by e-mail.
subject to acceptance of the order by www.bakkiecycles.fr and by its financial partner in charge of the online payment.
Article 2: The Products
2.1 Identification and conformity of the products
The products offered for sale are those described on www.bakkiecycles.fr on the day of the order by THE CUSTOMERwithin the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, regardless of its origin, does not engage the responsibility www.bakkiecycles.fr.
Text descriptions and photographs of the brand's products BAKKIE CYCLES ACCESSORIES brand have a contractual value.
Concerning the products of other brands, the photographs, texts, graphics and technical data sheets are taken from the documentation prepared by the said brands, reproduced under their control and with their agreement. In this case, the responsibility of www.bakkiecycles.fr cannot be held responsible, particularly in the event that a supplier modifies the characteristics of a product for any reason whatsoever (improvement, evolution of the raw material, 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 the compatibility of the products concerned in the product descriptions. www.bakkiecycles.fr shall in no case be held responsible for any difficulties of use or compatibility.
2.2 Availability
Information on the availability of the products is provided at the time the order is placed.
If any items are unavailable after the order has been placed, THE CUSTOMER will be informed by e-mail as soon as possible, by www.bakkiecycles.fr who will then be able to offer an equivalent product, which THE CUSTOMER will be free to accept or refuse.
Article 3: The Prizes
The prices listed on www.bakkiecycles.fr are prices inclusive of all taxes (TTC) in euros taking into account the VAT applicable on the day of the order. Any change in the rate may be reflected in the price of products or services. www.bakkiecycles.fr 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 www.bakkiecycles.fr at the time the order is registered. Delivery costs are at the expense of the CLIENT and are invoiced in addition to the sale price of the products, except for specific offers or contrary mention.
Article 4. Reservation of ownership
www.bakkiecycles.fr retains full ownership of the products sold, until full payment of all sums due by THE CUSTOMER in principal, expenses and taxes. However, from the moment the goods are received by THE CUSTOMERHowever, from the moment THE CUSTOMER receives the goods, the risks are transferred to him and it is therefore his responsibility to ensure that the goods are properly preserved.
Article 5: Order and payment
Before placing an order, THE CUSTOMER must create an account on www.bakkiecycles.fr. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile...), must identify himself.
To pay for your order, THE CUSTOMER can choose from all the payment methods offered during the final validation of his order: Credit card, cheque or bank transfer.
If THE CUSTOMER chooses 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 the SSL (Secure Soket Layer) protocol. In case of payment by cheque, it must be drawn on a French bank. An order paid by cheque or transfer will be processed after the cheque or transfer has been cashed. The availability and shipment times start from the date of receipt of payment.
www.bakkiecycles.fr confirms the acceptance of its order to the CLIENT at the e-mail address that the latter has provided. This acknowledgement of receipt will specify the exact amount invoiced and the terms of delivery of the order. The sale will only be concluded after confirmation of the acceptance of the order by www.bakkiecycles.fr.
www.bakkiecycles.fr reserves the right to cancel any order from a CUSTOMER with whom there is a dispute relating to the payment of a previous order. It also reserves the right to refuse any order that is quantitatively incompatible with thes pursuit of a non-commercial purpose.
THE CUSTOMER must check the completeness and conformity of the information he/she provides when ordering, particularly concerning the delivery address. www.bakkiecycles.fr cannot be held responsible for any input errors and the consequences thereof (delays or delivery errors, for example). In this context, the costs incurred for the re-shipment of the order will be charged to the CLIENT. The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders, and for drawing up invoices and warranty contracts. Failure to provide this information will result in the non-validation of the order.
To modify or cancel your order before it has been processed (invoiced, in the process of being packed or already shipped) by the services of www.bakkiecycles.fr , 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 by the same means of payment as the one used for the transaction.
Article 6: Delivery
The products are delivered to the delivery address indicated in the order. THE CUSTOMER has the option of having the goods delivered to an address different from the billing address. In this case, both delivery and billing addresses - In this case, both delivery and billing addresses must be specified. Delivery times are given as an indication on www.bakkiecycles.fr depending on certain parameters such as the day and time of receipt of payment for the order and subject to taking into account the availability indicated on the product sheet. The delivery times announced on www.bakkiecycles.fr are understood to be from the date of release from the warehouse of the products ordered by THE CUSTOMERThese delivery times may not exceed 7 days from the date of validation of the order by www.bakkiecycles.fr for available products, in stock at the time of the order. For all products that require a restocking period, products on order, this period must be added to the delivery period.
In addition, for deliveries outside metropolitan 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 - and without recourse against www.bakkiecycles.fr - all administrative, legal and financial consequences. When the order concerns a product that is no longer in stock, an e-mail will inform THE CUSTOMER. The commitment of www.bakkiecycles.fr s commitment to delivery times is only valid subject to the perfect and clear formulation of the delivery address by THE CUSTOMERs presence or that of an authorised person when the carrier passes by and the absence of any obstacle, imponderable or any case of force majeure beyond the control of www.bakkiecycles.fr and its transport partner. Delivery is considered to have been made on the date of the first presentation of the goods to the CLIENT.
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 package, broken products, etc.) must be indicated on the delivery note signed by THE CUSTOMER who must notify www.bakkiecycles.fr by e-mail of these anomalies upon receipt of the package. If THE CUSTOMER entrusts the reception of the product to a third party, he assumes full responsibility.
Article 7: Return for retraction
THE CUSTOMER has 14 days from the delivery of the product to return it to the head office of Fernand Gaston Workshop for exchange or reimbursement without penalty, with the exception of the return costs, which shall be borne by the CUSTOMER.
In order to guarantee a better processing of the return, a request for return should be made directly by simply indicating the reason for the return (withdrawal) without the need to motivate this request. This request can be made directly by e-mail.
In order to make use of this possibility, THE CUSTOMER must return the products complete with accessories and assembly or user manuals. In the event of a return, the customer must pack the item concerned with care, 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 have the right of withdrawal.
The refund will be made by the same means of payment as used by THE CUSTOMER during the transaction. In the event of the return of a complete or partial order that has benefited from a discount on shipping costs or free shipping costs, the amount of the refund of the order will be reduced by the cost of these shipping costs.
Attention: THE CUSTOMER must always keep the original packaging of the products, otherwise he/she will not be able to send them back in case of problems. Indeed, the Post Office and all transporters never accept delivery of products not packaged in manageable boxes.
Article 8: Product guarantees
The brand's products BAKKIE CYCLES ACCESSORIES are guaranteed for 2 years.
Other products sold via www.bakkiecycles.fr are covered by a manufacturer's warranty, the duration of which is indicated in the technical description of the product on www.bakkiecycles.fr. The precise conditions of application of the guarantee are directly defined in the documents delivered with the product.
In all cases, THE CUSTOMER must be able to present the invoice for the product issued by the company Fernand Gaston Workshop in order to benefit from the manufacturer's guarantee.
The start date of a product's warranty is the date of the invoice for that product.
The warranty does not cover equipment used in competition or rental, damage due to wear and tear, misuse, lack of or improper maintenance, or any modification made to the product after delivery.
This guarantee also does not cover :
- Replacement of consumable products
- Non-compliant, irregular and abnormal use of the products
- Defects or specificities of a product mentioned in the article sheets
- Defects and their consequences arising from the non-conforming use of the product for the purpose for which it is intended
In case of return THE CUSTOMER must return the defective product(s) after acceptance by e-mail of the company Fernand Gaston Workshop.
The cost of returning the goods to the CUSTOMER of the new or repaired equipment shall be borne by the company Fernand Gaston Workshop.
www.bakkiecycles.fr shall in no case be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of reception. The responsibility of www.bakkiecycles.fr 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 any case, THE CUSTOMER benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). On the condition that the hidden defect is proven, the seller must legally repair all the consequences (art.1641 and following of the Civil Code); if the buyer goes to court, he must do so within a "short period" from the discovery of the hidden defect (art.1648 of the Civil Code).
Article 9: Responsibilities
www.bakkiecycles.fr cannot be held responsible for damage of any kind, whether material or immaterial.
that could result from :
- misuse of products,
- failure to follow the instructions in the operating manuals,
- of any handling errors,
- any abnormal use or use that does not comply with the purpose for which the product is intended,
- from any external cause.
All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties shall be deemed to be fortuitous events or force majeure, which shall exonerate them from liability.
Article 10: Personal data
At the time of the order, the personal data of the CLIENT will be processed by computer. THE CUSTOMER is invited to refer to the tab "Personal Data"tab of www.bakkiecycles.fr to obtain all the information relating to this point.
In accordance with the Data Protection Act of 6 January 1978, THE CUSTOMER has the right to access, rectify and delete information concerning him/her at any time. To do so, he/she simply needs to send an e-mail to contact@bakkiecycles.fr or by post to the company's head office Fernand Gaston Workshop.
Article 11: Applicable law
Any dispute concerning these general conditions of sale will be subject to French law.
The competent court in case of dispute or litigation will be the one on which the company Fernand Gaston Workshop. .
Article 12: Mediation of consumer disputes
In case of difficulties in the execution of the sales contract, THE CUSTOMER shall first contact the company
Fernand Gaston Workshop with a view to finding an amicable solution.
In the absence of an 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 established by the Commission d'évaluation et de contrôle de la médiation de la consommation (Commission for the evaluation and control of consumer mediation) pursuant to Article L.615-1 of the French Code de la Consommation.
The website www.mediateur-cnpa.fr describes the proposed Mediation process and allows 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 the following address Mr. Mediator of the 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 of the existence of the European platform for online settlement of disputes, intended to collect any complaints arising from an online purchase by European consumers and to transmit them to the competent national mediators: this platform is accessible at the address ec.europa.eu.