Terms and Conditions
GENERAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE OF CHRIS BIKE DIJON APPLICABLE FROM SEPTEMBER 1 , 2020
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Chris Bike Dijon ("the Seller") with consumers and non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("Products") on the website https://www.shop-chrisbikedijon.com . They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on the website https://www.shop-chrisbikedijon.com are as follows: clothing and accessories.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://www.shop-chrisbikedijon.com .
The Customer is required to read this before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website https://www.shop-chrisbikedijon.com are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are subject to availability of stock, as specified when the order is placed.
The Seller's contact details are as follows:
CHRIS BIKE DIJON, EURL, with capital of 15,000 euros, whose registered office is at 3 rue de Tivoli, registered in the Dijon Trade and Companies Register under number 450284807.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the website https://www.shop-chrisbikedijon.com and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website https://www.shop-chrisbikedijon.com
These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of 6 January 1978, the Customer has the right, at any time, to access, rectify and oppose all of his/her personal data by writing, by post and providing proof of identity, to CHRIS BIKE DIJON, EURL, with capital of 15,000 euros, whose registered office is at 3 rue de Tivoli, registered in the Dijon Trade and Companies Register under number 450284807.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website https://www.shop-chrisbikedijon.com
These General Conditions of Sale will remain in force until December 31, 2024 .
The modifications to these General Conditions of Sale are binding on users of the website https://www.shop-chrisbikedijon.com from the time they are posted online and cannot apply to transactions concluded previously.
ARTICLE 2 - Orders
It is up to the Customer to select on the website https://www.shop-chrisbikedijon.com the Products that he wishes to order, according to the following terms:
The customer accesses the products he wishes to order, adds them to his basket, chooses the delivery method then the payment method and is redirected to a secure payment page where he pays for his order and confirms it. He then returns to a page of the site https://www.shop-chrisbikedijon.com which confirms the validation of his order, and he receives a confirmation email summarizing his order.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by email and after the Seller has received payment in full.
For orders placed exclusively online, the registration of an order on the Service Provider's website is carried out when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code ). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
Any order placed on the website https://www.shop-chrisbikedijon.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the website https://www.shop-chrisbikedijon.com.
The Seller does not intend to sell the Products on the website https://www.shop-chrisbikedijon.com to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities.
ARTICLE 3 - Rates
The Products are supplied at the current prices listed on the website https://www.shop-chrisbikedijon.com , when the order is registered by the Seller. Prices are expressed in Euros including VAT.
The prices take into account any reductions that may be granted by the Seller on the website https://www.shop-chrisbikedijon.com .
These prices are firm and not revisable during their period of validity, as indicated on the website https://www.shop-chrisbikedijon.com , the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the website https://www.shop-chrisbikedijon.com and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered .
ARTICLE 4 - Payment conditions
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
- by bank cards: Visa, MasterCard, American Express.
Payment data is exchanged in encrypted mode by Stripe payment providers.
In the event of late payment and payment of the sums owed by the Customer beyond the deadlines set above, and after the payment date appearing on the invoice sent to the Customer, late payment penalties calculated at the monthly rate of 30% of the amount including tax of the purchase price appearing on said invoice, will be automatically and automatically acquired by the Seller, without any formality or prior formal notice.
Late payment will result in the immediate payment of all amounts owed by the Customer, without prejudice to any other action that the Seller would be entitled to take, in this respect, against the Customer.
Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.
Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.
No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in France within 14 working days from the dispatch of the order to the address indicated by the Customer when ordering on the website https://www.shop-chrisbikedijon.com.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or in the unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these time limits are provided for information purposes only. However, if the Products ordered have not been delivered within 28 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 216-2 L 216-3 L241-4 of the Consumer Code . The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In some cases, deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
When the Customer has himself taken charge of calling on a carrier that he himself chooses, the delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier once he has handed over the Products sold to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse under warranty against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. He has a period of 14 days from delivery to make complaints in writing (by post, email, fax)" any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened ...), with all the supporting documents relating thereto (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place at the time when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 21 days following notification to the Seller of the Customer's decision to withdraw.
During sales and/or reduction periods, only refunds are accepted (not exchanges). Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website https://www.shop-chrisbikedijon.com , in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, free from ambiguity, expressing the desire to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 - Seller's Liability - Warranty
The Products sold on the website https://www.shop-chrisbikedijon.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer
- has a period of two years from delivery of the goods to take action against the Seller;
- may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code ;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for used goods.
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product.
The Customer may decide to implement the warranty against hidden defects Product in accordance with article 1641 of the Civil Code ; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code .
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 7 days from the delivery of the Products or the existence of hidden defects within the time limits referred to above and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within "Number" days following the Seller's discovery of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products which are non-compliant or affected by a defect.
ARTICLE 9 - Data Protection and Freedoms
In application of law 78-17 of January 6, 1978 , it is recalled that the personal data requested from the Customer are necessary for processing his order and for establishing invoices, in particular.
This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website https://www.shop-chrisbikedijon.com has been declared to the CNIL.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
This right may be exercised under the conditions and according to the methods defined on the website https://www.shop-chrisbikedijon.com.
ARTICLE 10 - Intellectual property
The content of the website https://www.shop-chrisbikedijon.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Seller remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) for the purpose of providing the Services to the Customer. The Customer therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may make it conditional on financial compensation.
ARTICLE 11 - Unforeseen circumstances
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeable circumstances provided for in Article 1195 of the Civil Code for all operations of Sale of Products from the Seller to the Customer. The Seller and the Customer therefore each waive the right to rely on the provisions of Article 1195 of the Civil Code and the regime of unforeseeable circumstances provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves excessively onerous and to bear all the economic and financial consequences thereof.
ARTICLE 12 - Specific execution
In the event of a breach by either Party of its obligations, the Party that is the victim of the breach shall have the right to request specific performance of the obligations arising hereunder. In accordance with the provisions of Article 1221 of the Civil Code , the creditor of the obligation may pursue such specific performance after a simple formal notice, addressed to the debtor of the obligation by the formal notice that has remained unsuccessful, unless this proves impossible or if there is a manifest disproportion between its cost to the debtor and its interest for the creditor.
By express derogation from the provisions of Article 1222 of the Civil Code , in the event of a breach by either Party of its obligations, the Party that is the victim of the default may not have the obligation performed by a third party itself, at the expense of the defaulting Party. The creditor of the obligation may, however, request in court that the defaulting Party advance the sums necessary for this performance.
The Party affected by the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request termination of the contract in accordance with the terms defined in the article “Termination of the contract”.
ARTICLE 13 - Exception of non-performance
It is recalled that pursuant to Article 1219 of the Civil Code , each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance. The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of breach which will have been sent to it for this purpose by the Party suffering the failure indicating the intention to apply the exception of non-performance as long as the defaulting Party has not remedied the breach noted, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending to be provided.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code , if it is clear that one of the Parties will not perform the obligations incumbent upon it when due and that the consequences of this non-performance are sufficiently serious for the Party affected by the default.
This option is used at the risk and peril of the Party which takes the initiative.
The suspension of performance shall take effect immediately, upon receipt by the Party presumed to be in default of the notification of the intention to apply the exception of preventive non-performance until the Party presumed to be in default performs the obligation for which a future breach is manifest, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending to be provided.
However, if the impediment were definitive or continued beyond 30 days from the date of notification of the impediment by registered letter, these presents would be purely and simply resolved according to the terms defined in the article Resolution for failure of a party to fulfill its obligations.
ARTICLE 14 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code .
The Party noting the event must immediately inform the other party of its inability to perform its service and provide justification to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.
The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is permanent, these presents will be purely and simply resolved according to the terms defined in the article "Termination for force majeure".
During this suspension, the Parties agree that the costs incurred by the situation will be borne by the party prevented from attending.
ARTICLE 15 - Termination of the contract
1 - Resolution for unforeseen circumstances
The resolution for the impossibility of the execution of an obligation which has become excessively onerous may not, notwithstanding the clause Resolution for failure of a party to meet its obligations appearing below, take place until 21 days after sending a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act.
2 - Resolution for failure of a party to fulfill its obligations
In the event of non-compliance by either party with the following obligations:
- Non-payment on the due date of the services ordered by the Customer
- Non-delivery on the due date of the services ordered by the Customer
referred to in the articles of this contract, it may be terminated at the discretion of the injured party.
It is expressly understood that this resolution for failure of a party to meet its obligations will take place automatically, the formal notice resulting from the sole fact of non-performance of the obligation, without notice or execution of formalities.
The services exchanged between the Parties since the conclusion of the contract and until its termination having found their usefulness as and when the contract is mutually performed, they will not give rise to restitution for the period prior to the last service not having received its counterpart.
In any event, the injured Party may seek legal action for damages.
ARTICLE 16 - Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 17 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission ( C. consom. art. L 612-1 ) or with existing sectoral mediation bodies, the references of which appear on the website https://www.shop-chrisbikedijon.com or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In the event of a dispute between the professional and the consumer, they will endeavour to find an amicable solution.
In the absence of an amicable agreement, the consumer has the option of contacting the consumer mediator responsible for the professional, namely the Association of European Mediators (AME CONSO), free of charge, within one year of the written complaint sent to the professional.
The referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact for a natural person (or legal entity) to order on the website https://www.shop-chrisbikedijon.com implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ANNEX I
- PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the property must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II
- WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.shop-chrisbikedijon.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of
"Seller's number and street"
"Seller's zip code"
"Seller's City"
I hereby notify the withdrawal of the contract relating to the order of the services below:
- Order of the "Date"
- Order number: ................................................................
- Customer Name: ................................................................................
- Customer Address: .......................................................................
Signature of the Client (only if this form is notified on paper):
Tout compris
En choisissant sa catégorie, la mensualité comprend évidemment le loyer mais aussi l'entretien complet prioritaire et les consommables.
Avec Ride vous avez accès à plus de 20 modèles de vélos dès maintenant !
Les frais d'activation sont de 49€ lors du premier contrat seulement même si vous changez de catégorie à l'avenir.
A partir de 250€ TTC / mois
Optez pour l'option tranquillité à 19€ / mois.