TERMS OF SALES

Applicable to any sale after January 1, 2013

 

ARTICLE 1: PREAMBLE

The website [www.cavalerie-bikes.com] (hereinafter referred to as "the website") is published and operated by EFFIGEAR, a simplified joint-stock companies with a capital of 160,000 €, whose registered office is located at Le Bancet, Pélussin (42410) and registered with the Trade and Companies Register of St-Etienne under number 533 461 349 (VAT number FR71533461349, N ° SIRET 53346134900011).

The purpose of these General Terms of Sales (hereinafter "GTS") is to define the conditions under which sales of products offered by EFFIGEAR SAS are made from its website.

The customer acknowledges having taken note, at the time of placing of order, of the general conditions of sale and declares to accept them without reserve.

Any order submitted by the customer on the website results in the formation of a contract of sale concluded at a distance, and entails the irrevocable acceptance of the GTS by the customer without any restrictions or reservations.

A customer, within the meaning of the GTS, refers exclusively to the person who made and paid an order. Anyone who does not meet this definition is not entitled to rely on the GTS against EFFIGEAR SAS. Customers are thus expressly informed that the orders they make and pay on behalf of a third party, as well as the deliveries they make to a third party, remain subject to the legal relationships defined by the GTS between the customers and the EFFIGEAR SAS, without recourse by third parties against the latter. EFFIGEAR SAS draws attention to the consequences of these provisions on the application of Articles 8 (conformity of products) and 9 (right of withdrawal):  any recipient of an order that is not a customer can not rely on these articles against EFFIGEAR SAS, since the customer alone is entitled to claim the benefit.

An end user, within the meaning of the GTS, means the person to whom the ordered product was finally delivered, whether or not the customer.

The GTS are presented in French. Only this version is binding between EFFIGEAR SAS and its customers. EFFIGEAR SAS reserves the right to modify the GTS at any time without prior notice. The new version of the GTS will be applicable as from its posting on the website, for the sales made after this posting. The EFFIGEAR SAS thus recommends that its customers regularly read the latest version of the applicable GTS.

The sales made on the website are governed solely by GTS, excluding any condition issued by customers. The EFFIGEAR SAS thus refuses to be subject to general or specific purchasing conditions that would be stipulated by its customers.

If necessary, the GTS may be supplemented by special terms and conditions which are indicated on the website, depending on the desired product.

Payment terms :

Payment of purchases is made by bank transfer. (RIB of EFFIGEAR SAS provided by e-mail) visible on the website.

Refusal of payment :

The order validated by the customer will be considered effective only when the centers of bank payment concerned have given their agreement. In case of refusal of the centers, the order will be automatically canceled or postponed and the customer notified by e-mail.

In addition, EFFIGEAR SAS reserves the right to refuse any order from a customer with whom there is a dispute, relating in particular to the payment or the return of a previous order. The customer will be informed by e-mail.

Reservation of title :

The products put up for sale by EFFIGEAR SAS remain its property until the complete payment of the price.

Invoicing :

A detailed invoice will be given to the customer before shipment of the product.

ARTICLE 2 : PRODUCT INFORMATION - AVAILABILITY

2.1. The essential characteristics of the products sold by EFFIGEAR SAS are described on its website, where appropriate taking into account the information provided by its suppliers.  

 

2.2. When validating an order, EFFIGEAR SAS provides the customer with the information in his possession on the availability of the products ordered. In the event of unavailability of the ordered goods, EFFIGEAR SAS reserves the possibility to supply a property of a quality and an equivalent price, after having informed the customer and having received its agreement.  

 

2.3. The company EFFIGEAR SAS provides him under the same conditions the indication of the period during which the parts indispensable to the use of the goods will be available on the market. This information must be given to the consumer by the seller before the contract is concluded.  

 

2.4. The photographs illustrating the products do not enter the contractual field. In the event of errors, the responsibility of EFFIGEAR SAS can not be committed.  

 

2.5. The products offered by EFFIGEAR SAS comply with the legislation and standards applicable in France. In the event that the goods are to be delivered abroad, EFFIGEAR SAS can not be held responsible for non-compliance with the legislation of the country where the product is delivered.

It is the customer's responsibility to check with the local authorities the possibilities of importing or using the products.  

 

2.6. In the event of a professional purchase, it shall not be liable for any consequential damages resulting from the products purchased, loss of use, loss of profit, loss of luck, damage or expenses that may arise from the purchase, Purchase or use of the products acquired from EFFIGEAR SAS.

ARTICLE 3 : Product prices

The price of the products put on sale on the website is indicated in euros, all taxes included.

Prices do not include delivery charges. These costs are indicated to the customer when validating his request for a quotation.

Prices can not be changed after registration of an order.

EFFIGEAR SAS reserves the right to modify the displayed prices at any time without prior notice. The price of the products is invoiced to the customer on the basis of the tariffs in force at the time of the validation.

Possible customs duties or local taxes are entirely the responsibility of the customer, who must be informed of this and takes full responsibility for this information and the related payments, including the penalties , Late interest or fines.

Any information about these customs fees provided by EFFIGEAR SAS is indicative and in no case contractual.

ARTICLE 4 : Request for quotation

Requests for quotations are only received and processed by e-mail, following the instructions on the website.

ARTICLE 5 : validation

EFFIGEAR SAS sends an updated quote according to the customer's request by e-mail.

ARTICLE 6 : registration

The reception by the company EFFIGEAR SAS of the deposit of 30% of the total amount is worth, the registration of the order.

The payment of the deposit, constitutes the unconditional and irrevocable acceptance of the GTS and, as the case may be, the special conditions stipulated on the website.

Upon receipt of the deposit, EFFIGEAR SAS sends its customer an electronic confirmation of registration.

The documents provided by EFFIGEAR SAS and its information systems constitute proof of all the transactions carried out by EFFIGEAR SAS and each customer, unless proof to the contrary of equivalent scope.

ARTICLE 7 : Shipping

When the order is ready, EFFIGEAR SAS informs the customer and sends the invoice to him by e-mail. After receipt of the balance, EFFIGEAR SAS sends a notice of receipt of the balance and the tracking number of the parcel.

ARTICLE 8 : Delivery

The products are delivered to the address indicated by the customer when the order is registered.

The information stated by the purchaser, when taking an order, commits the customer : in the event of an error in the addressee's address, the seller can not be held responsible for the impossibility of Deliver the product.

The parcels are only delivered in the countries indicated by the company EFFIGEAR SAS.

The costs of delivery are the responsibility of the customer.

 

8.1. Delivery times and terms :

For each of the products ordered, EFFIGEAR SAS informs the customer, before the finalization of the order, of the time within which the product will be delivered to him.

In the event that an optionally ordered component is not available within the stated time, the customer will be notified by e-mail, he will be able to either accept the new delivery time or withdraw the component. Delivery is made by placing the parcel at the address indicated by the customer on the date indicated by the carrier :     

  • Or by the actual delivery of the product to its recipient     

  • Or by the delivery of a notice of passage to the address of the recipient, in the absence of the client.

EFFIGEAR SAS undertakes to honor the orders placed on its site.

In the event of unavailability of the ordered goods, EFFIGEAR SAS reserves the right to supply a good of a quality and an equivalent price, after having informed the customer.

The costs of return following the exercise of the right of withdrawal are the responsibility of the customer provided that the product has not been used. The package must be packed correctly and insured, any damage resulting from improper packaging will be borne by the customer.

 

8.2. Delivery tracking :

Depending on the possibilities offered by the carrier.

 

8.3. Delay in delivery, loss of package :

In case of delayed delivery, the customer will notify EFFIGEAR SAS by any means.

An investigation will then be carried out by the company EFFIGEAR SAS with the Company in charge of the delivery of the goods ordered.

At the end of this investigation, EFFIGEAR SAS will inform the customer by e-mail of the origin of the delay and of the solution proposed to remedy it.

In case of loss of the package, the return of the good or equivalent goods may be proposed to the customer.

The customer may request resolution of the sale by registered letter with a request for acknowledgment of receipt in case of non-dispatch within seven days after the expiration of the period of dispatch of the property exceeding seven days and not due to a case of force majeure.

The contract shall be deemed to be severed upon receipt by EFFIGEAR SAS of the letter in which the customer informs him of his decision, if delivery has not occurred between the dispatch and receipt of the contract letter.

The customer shall exercise this right within sixty working days from the date indicated for the delivery of the goods or the performance of the service.

The EFFIGEAR SAS will then be required to reimburse the amounts paid by the customer at the conclusion of the sale, excluding any other sums or allowances.

This reimbursement will be made within 30 days of the client sending his/her request for resolution of the contract.

However, EFFIGEAR SAS can not be held responsible for delays in delivery or loss of parcels attributable either to the consumer or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.

 

8.4. Customer's absence on receipt of parcels :

When the product can not be delivered following the absence of the recipient, a notice of transit is left to the recipient's address.

The customer agrees to make available all useful and easily accessible means so that this opinion can be effectively delivered to him (mailboxes visible and accessible ...).

The customer may contact the center indicated on the notice, in order to take possession of the property.

When it is not possible to leave a notice of transit, EFFIGEAR SAS will send an e-mail to the client indicating the contact details of this center.

The period during which the carrier shall retain the undelivered goods.

Exit of products not claimed by the customer: period during which the product will be kept by EFFIGEAR SAS in case of return ...

 

8.5. Product damaged on delivery :

The customer must carry out the examination of the parcel in the presence of the deliverer and make note of any reservations on the delivery note, of which the customer will keep a copy.

He may also refuse delivery.

Within three days of receipt of the package or its refusal, the customer will send a reasoned complaint by registered letter with acknowledgment of receipt to the carrier and will precisely describe the condition in which the product and its packaging were delivered.

Copy of this complaint will be sent also to the customer service of the EFFIGEAR SAS within this same period, by registered letter with acknowledgment of receipt.

The customer may therefore benefit from a possibility of exchange or refund under the conditions and subject to the reservations defined in article 8 of the present GTC.

ARTICLE 9 : Conformity of products

EFFIGEAR SAS undertakes to deliver to these customers products conforming to those offered on its website.

The conformity of the product is defined as follows :

In the meantime, "In order to comply with the contract, the property must :  

1° Be fit for the customary use of a similar good and, where applicable :

  • Correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a   model ;     

  • Present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling.  

2° Or present the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. "

However, photographs illustrating the products on the website do not fall within the scope of the contract. In the event of errors, the EFFIGEAR SAS can not be held liable under any circumstances.

In any case, the seller can not be held responsible for defects attributable to the end user, whether or not the customer.

The same shall apply if the failure of the product results from a misuse or mishandling of the goods by its end user or a change in the characteristics of the product carried out at the initiative of that end-user.

Moreover, the customer can not contest compliance by invoking a defect that he knew or could not ignore when he contracted.

Any request relating to a failure of the product must be addressed to the customer service of the EFFIGEAR SAS by registered letter with acknowledgment of receipt by the customer who paid the invoice.

This request must include an accurate and complete description of the defect affecting the product.

Customer service may ask the customer to return the property to him, in order to decide on the alleged lack of conformity.

If the client's claim does not appear to be justified, the property will be returned to him and the client will bear the final charge of all the expenses related to his unfounded claim.

If the lack of conformity is retained, EFFIGEAR SAS will bear the costs of re-routing the property on presentation of the corresponding supporting documents.

In this case, the customer will choose between repair or replacement of the property.

However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate with regard to the other modality, taking into account the value of the property or the importance of the defect.

It is then obliged to proceed, except in impossibility, according to the modality not chosen by the buyer. If the repair and replacement of the property are impossible, the buyer may return the property and have the price returned or the property retained and a part of the price returned, the amount of which will be determined by agreement between the parties.

The objectively appreciated significance of the alleged defect.

However, the resolution of the sale can not be pronounced if the lack of conformity is minor.

In case of return of the goods to the customer service, it is up to the customer to provide proof of the return of the goods by his care.

This will be done either by presenting a receipt by registered mail, or by presenting a document submitted by a carrier to whom the return of the returned product has been entrusted.

No other means of proof shall be admitted.

Non-compliant products must be returned in their original packaging, accompanied by any attachments, any instructions and accessories, as well as a legible copy of the invoice.

The EFFIGEAR SAS reserves the right to carry out all necessary checks in case of doubt on the conformity of the returned products.

 

Failing to comply with this procedure, no action will be taken on the customer's complaint.

In any case, the customer must submit his complaint within two years of the delivery of the goods.

The provisions of the Civil Code relating to the guarantee of hidden defects are also applicable.

ARTICLE 10 : right to retract

The date of receipt of each order opens to the customer a legal deadline of 7 clear days during which he can return to the EFFIGEAR SAS the corresponding product.

When the period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

At the expiry of this period, the right of withdrawal shall lapse.

The reimbursement will be made to the customer for an amount equal to the price of the product which has been the object of the withdrawal, the customer retaining the cost of sending and returning the goods.

This reimbursement will take place within 30 days of the date of exercise of the right of withdrawal.

However, compensation may be awarded if the property has been used in a manner inconsistent with civil law principles such as good faith or unjust enrichment.

This indemnity will be assessed by the seller on the basis of the illegal use made of the property.

For any return under the right of withdrawal, the customer will send a copy of the invoice.

It is the customer's responsibility to provide proof of the re-shipment of the goods by him and the date on which the redirection was made. This will be done either by presenting a receipt by registered mail, or by presenting a document submitted by a carrier to whom the return of the returned product has been entrusted. No other means of proof shall be admitted.

Products must be returned in their original packaging.

They must be intact, clean and complete, in perfect condition for resale, unmodified or assembled in contradiction with the recommendations of the manufacturer and not disassembled), accompanied by any instructions and accessories (battery, chargers, cords ...).

The EFFIGEAR SAS reserves the right to carry out all necessary checks in case of doubt on the conformity of the returned products.

ARTICLE 11 : customer service

EFFIGEAR SAS

Le bancet

42410 Pélussin

Monday to Friday from 2 pm to 5.30 pm at +33 (0) 4.74.53.64.89

We recommend that you contact us by e-mail at: contact@effigear.com

ARTICLE 12 : COMMERCIAL GUARANTEE

Where applicable :

The commercial guarantees attached to the products offered for sale on the website are presented on the descriptive sheets of the said products and governed by particular stipulations to which the said cards refer.

ARTICLE 13 : INTELLECTUAL PROPERTY

All texts, comments, works, illustrations and images reproduced on the website are reserved under copyright law and intellectual property, and this without any geographical limit. Only use for private use is permitted.

Any total or partial reproduction of the website or products offered for sale and their description is prohibited.

ARTICLE 14 : Nominative information

EFFIGEAR SAS undertakes not to disclose to third parties the information communicated by its customers when ordering on the site.These are confidential.

However, EFFIGEAR SAS may send its customers letters or e-mails containing information about its activities.

It will be able to send these clients information and commercial proposals from its partners.

However, customers have the right to object by sending EFFIGEAR SAS an e-mail to : contact@effigear.com.

However, this Article shall not prevent the transfer or transfer of business to third parties.

Consequently, in accordance with the Data Protection Act of 6 January 1978, the customer may exercise his right of access to the file and his right to rectify or delete information concerning him, by sending his request : contact@effigear.com.

Effigear, Le Bancet, 42410 Pélussin .

In the event of a transfer of files linked to a transfer of the activity to a third party, EFFIGEAR SAS undertakes to inform its customers.

ARTICLE 15 : litigation

The GTS and, more generally, the contractual relationships between EFFIGEAR SAS and its customers are subject to French law.

In the absence of an amicable settlement between EFFIGEAR SAS and its customers, disputes shall be submitted to the competent court in accordance with the laws and regulations.