TERMS AND CONDITIONS FOR SALES
GENERAL CONDITIONS OF SALE - MOTION
These Terms of Sales (called « GTC ») apply to all orders done by an internet surfer / physical or moral person (here after called « CLIENT »), on our website HTTP://WWW.MOTION-RIDE.COM (here after called « SITE »), but also orders passed by phone, email or postal mail
These terms of Sales are written by :
MOTION SAS with 95 288 € capital, registered in the trade register of Villefranche Tarare under number 880 729 959, having its registered office at 847 Route de Frans, 69400 Villefranche sur Saône, France.
Email : CONTACT@MOTION-RIDE.COM , (here after called « SELLER »).
1. Acceptance of general conditions
All orders passed by our SITE implies necessarily implies the unreserved acceptance of the CLIENT of these GTC.
The CLIENT undertakes to read carefully the GTC and to accept them, before pay for an order placed on the SITE.
These GTC are referred at the bottom of the SITE and must be consulted before placing the order.
The SELLER reserves the right to adapt or modify at any time the GTC. In case of modification, it will be applied to each order the GTC in force at the registration of the order.
The distance selling contract is concluded from the moment when the customer, having read the summary of his order and its details, will have confirmed his order by clicking on the button "BUY".
The CUSTOMER will be invited to provide information to identify it by completing the form available on the SITE for the CLIENT's order to be processed by the SELLER.
The SELLER will acknowledge receipt of the order to the CLIENT by sending an order confirmation email.
The CLIENT will be able to consult the information relating to the order in the "my orders" section of the customer area.
The SELLER reserves the right to cancel any order from a Customer with whom there is a dispute.
The information provided by the CUSTOMER when ordering commits the latter: in case of error in this information, including the email address and contact details of the recipient, the SELLER cannot be held responsible for the impossibility of delivering the product. Any delivery made to the address indicated by the CLIENT will be considered perfect.
In the case of a reshipment due to a lack of information and / or error on the part of the CUSTOMER, the costs incurred by this reshipment will be charged to the CLIENT.
3. Price and Invoices
Our prices include French VAT or the destination country of the goods in the European community. For any purchase outside this zone, it is the responsibility of the customer to pay the duties and taxes of the product in his country.
Unless expressly stated otherwise by us, we deliver only against payment in advance (made as indicated on our order form) and on invoice (sent by e-mail and which can also be sent with our order confirmation).
The prices indicated are valid, except gross error. The applicable price is the one indicated on the SITE on the date on which the order is placed by the CLIENT.
a) Terms of Payment
Payment is made online by the Customer when ordering.
For all products, payment can be made:
By credit card online (Credit Card, VISA, Mastercard, American Express),
By Paypal account depending on the CUSTOMER's country
The information concerning the CUSTOMER's bank card is subject to secure transmission (128-bit SSL encryption) directly to the website of the SELLER's banking partner. They do not pass through the SELLER's server. The latter only stores the payment method used.
The order validated by the CLIENT will only be considered effective when the payment reaches the SELLER.
The delivery time is indicated to the customer before placing the order and prior to the final validation of it.
The delivery time will be confirmed in the order confirmation email sent to the customer.
If the goods cannot be delivered or if they cannot be delivered on time, we will inform the customer without delay. In case of late delivery, we will agree with the customer a new delivery time. If the goods are not available from our suppliers in a short time and therefore prevents any delivery within a reasonable time, we are authorized to resolve the sales contract.
Delivery charges are the responsibility of the customer and are indicated during the order process.
In case of withdrawal, the regular costs of return are the responsibility of the customer
5. Right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the CLIENT has a period of fourteen days from the date of receipt of the order to exercise his right of withdrawal, without having to justify his decision nor any other costs than those provided for in Articles L. 221-23 to L. 221-25.
This period applies in any country where the right of withdrawal is less than or equal to 14 days. For other cases, the legal deadline of the country where the product will be sent applies.
To exercise his right of withdrawal, the CLIENT must notify his decision to withdraw from this contract by means of an unambiguous declaration to the email address: firstname.lastname@example.org.
The refund will be made within 14 days of receipt of the goods and automatically on the account associated with the method of payment initially used by the CLIENT.
The return costs are the responsibility of the CLIENT.
6. Property Transfer
The transfer of ownership of the goods delivered by us is delayed until full payment of the selling price (including VAT and shipping costs) of the goods concerned.
The SELLER guarantees to the CLIENT that the new fork shall be free from material faults or manufacturing defects. This guarantee shall expire two (2) years following the original date of purchase from SELLER, an authorised SELLER dealer or an authorised SELLER equipment supplier where the fork is included as original equipment with a purchased bicycle.
This guarantee is offered exclusively to the original owner of a new fork. The CLIENT rights given by this guarantee may not be transferred.
TERMS AND CONDITIONS OF GUARANTEE
This guarantee is only valid if the fork has been used in regular conditions and the MTB in which the fork is subject to and maintained for is in accordance with SELLER’s recommendations. In addition, the maximum rider weight is 100kg; above this limit, SELLER will not accept responsibility.
If it is determined by SELLER, at its sole discretion and final decision, that part of the fork is covered by this limited guarantee, it will be repaired or replaced with a similar model, to be chosen unilaterally by SELLER, whose decision shall be conclusive and binding.
This forms the exclusive remedy for the conditions of this limited guarantee. Any other remedy due to incidental or consequential damage is beyond the scope of this guarantee.
This limited guarantee does not apply to normal wear, defects or failures arising as a result of inappropriate usage, lack of maintenance, incorrect installation, modifications or alterations, inappropriate or prohibited repairs or maintenance, collisions, accidents, crashes or any other abnormal, excessive or inappropriate use. Each fork model is designed for specific use and must be used under the recommended conditions, not for another purpose.
The present limited guarantee gives the Customer specific legal rights. The Customer may also benefit from other legal rights resulting from the application of national laws which are not covered by this limited guarantee. If a competent court rules that a specific provision of this limited guarantee does not apply, this decision shall not affect the other provisions of this limited guarantee and all other dispositions shall remain valid.
This guarantee is the only guarantee provided by MOTION for its forks and their components, and there is no guarantee other than that given in this document. Any other guarantee which may be implied in accordance with current legislation, including but not limited to any implicit guarantee of marketable quality or fitness for particular purposes is excluded. This limited guarantee is subject to French law only.
In accordance with Article 211-16 of the Consumer Code, when the Customer requests refurbishment during the commercial guarantee period given to them, an additional period of minimum 7 days must be added to the duration of the remaining guarantee. This period shall commence from the request for action or submission for repair for the goods in question, where this submission is later than the request for action.
The SELLER assumes no responsibility (whatever the cause) for the damages due to an action of the CLIENT (in particular to a non-compliant or unsuitable use of the goods by the customer), to the unpredictable and insurmountable fact of a person outside the contract or in a case of force majeure.
The above limitations of liability do not apply in case of theft or gross negligence.
Claims for damages by the CLIENT due to apparent defects in the goods delivered are excluded if he does not notify the SELLER of the defect within two weeks of delivery.
9. Personal Data
The SELLER collects on the SITE personal data concerning his Clients, including cookies. CLIENTS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data are kept confidential by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
In accordance with the law n ° 78-17 of January 6th, 1978 relative to the data processing with the files and the freedoms, the CLIENT benefits from a right of access, rectification, opposition (for legitimate motives) and suppression of his personal data. He can exercise this right by sending an email to the address: CONTACT@MOTION-RIDE.COM.
10. Intellectual Property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
11. Jurisdiction and applicable law
These Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law.
In case of dispute, only the French courts will be competent.
However, prior to any recourse to the arbitration judge or state, will be privileged bargaining in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties cannot reach an agreement, the dispute will be submitted to the competent court.