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ARTICLE 1 - PURPOSE AND SCOPE
These general terms and conditions of sale (hereinafter “GTC”) apply to all sales made by KLINGLER BROTHERS for products (hereinafter “Product”) offered on the website https://frenchmotoshop.com (Hereinafter “Site”) to consumer customers who have the legal capacity to contact (Hereinafter “Customer”). Acceptance of the GTC is materialized by a checkbox when ordering. The contract concluded with KLINGLER BROTHERS consists only of the GTC and the special conditions mentioned in the summary of the order (hereinafter "the Contract"). Any contrary condition of the Customer will therefore, in the absence of express acceptance, be unenforceable against KLINGLER BROTHERS, regardless of when it may have been brought to his attention.
ARTICLE 2 - IDENTITY OF THE SELLER - CUSTOMER SERVICE
The Site is operated by KLINGLER BROTHERS , a simplified joint-stock company (SAS) with a share capital of €5,000, registered with the Trade and Companies Register of Bourg-en-Bresse under number 884 938 671 and whose intra-community VAT number is FR36 884 938 671. Its registered office is located at: 85 rue de la Cime - 01150 Leyment, France. The KLINGLER BROTHERS sales department can be contacted for any questions or information.
➢ By e-mail to the following address: info @frenchmotoshop. com
ARTICLE 3 - PRECONTRACTUAL INFORMATION
3.1 - Description of the Products
The essential characteristics of the Products are presented to the Customer on the Site. However, the Customer has the option to ask questions about the characteristics of a Product by sending an email to the following address: info@french moto shop.com.
Unless expressly stated otherwise on the Site, all Products sold by KLINGLER BROTHERS are new and comply with current European legislation and applicable standards in France.
KLINGLER BROTHERS cannot be held liable for any failure to comply with the laws of the country in which the product is delivered. It is the Customer's responsibility to check with the local authorities in the country of delivery regarding the import or use of the Products they intend to order.
KLINGLER BROTHERS cannot guarantee that the information printed on the Product packaging will be translated into the language of the country of delivery. However, this information is available at a minimum in French or English.
The photos shown in each product description by KLINGLER BROTHERS are not contractual. Some details may differ, and the photos are provided for visual and illustrative purposes only.
3.2 - Warning
The Customer alone determines the choice of Products ordered and their use. Given the technical nature of certain Products, the Customer must be vigilant in strictly respecting the technical prescriptions and the manufacturer's safety instructions for the installation and use of the Products, which may, depending on the case, require having necessary skills and / or to seek the services of a professional.
3.3 - Product availability
Product offers are valid as long as they are advertised on the Site and within the limits of available stock from KLINGLER BROTHERS ' supplier(s ).
If a Product is unavailable, KLINGLER BROTHERS will inform the Customer and may either cancel the order or offer a later delivery date. The Customer will be reimbursed for any sums paid for the cancelled order within thirty days of the cancellation date.
ARTICLE 4 - CREATION OF A PERSONAL ACCOUNT
To place an order on the Site, the Customer can first create a Personal Account (hereinafter “Personal Account”), but he can also order without creating a personal account.
4.1 – Account Creation Procedure: To create a personal account, the Customer must visit the Website and complete the required fields on the registration form. Each Customer may only create one profile for their personal account.
4.2 – Account Management: The username and password used to access the Personal Account are chosen by the Client, taking into account availability and the accounts already created by other Clients. These credentials are strictly personal and must be kept secret by the Client at their own risk. In the event of loss or theft of their credentials or any unauthorized use of their Personal Account, the Client must follow the procedure on the Website to create new credentials.
4.3 – Activation of the Personal Account: By validating the creation of their Personal Account, the Customer:
- Acknowledges having been able to verify and modify, if necessary, the information contained therein;
- Guarantees to have provided accurate, up-to-date and complete information concerning his identity as well as his contact details.
4.4 – Updating the Personal Account: The Client undertakes to regularly update all of their personal information in their Personal Account in order to preserve its accuracy.
ARTICLE 5 - PRICES
5.1 – Product Prices: Products are sold at the prices in effect on the Website at the time the order is placed. In all cases, prices are expressed in euros, inclusive of all taxes. Unless otherwise indicated on the Website or in these Terms and Conditions, prices do not include any shipping and handling charges, which are billed separately. Any applicable eco-contribution fees are clearly and separately indicated in accordance with current legislation in the Product descriptions. Eco-contributions are subject to VAT.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the Products. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the Products.
5.2 - Delivery Charges: The delivery charges are calculated based on the weight and size of the Products delivered, as well as the delivery location and/or delivery method chosen by the Customer. The delivery charges are shown to the Customer before any order is confirmed. They are expressed in euros, inclusive of all taxes. For certain geographical areas, KLINGLER BROTHERS may contact the customer after placing their order to invoice them for additional shipping charges. If the customer refuses these charges, KLINGLER BROTHERS will refund the customer's order in full.
ARTICLE 6 - PROMOTIONAL CODES
Promotional codes issued by KLINGLER BROTHERS (hereinafter "Promotional Codes") are for promotional purposes only. Promotional Codes must be used on the Website and expire on the date specified in the terms and conditions provided with the Promotional Code. Promotional Codes may be subject to additional terms and conditions, which will also be provided with the Promotional Code. Promotional Codes may not be used on any other website operated by KLINGLER BROTHERS , its subsidiaries, or any other legal entity or private individual, unless expressly permitted by the Terms and Conditions or the terms and conditions provided with the Promotional Code. Promotional Codes cannot be used for certain products. In such cases, the Promotional Code will simply not be applied to the product in question at checkout.
Promotional Codes may not be resold, transferred, exchanged for cash, or used on any other KLINGLER BROTHERS account , unless required by law. Unused Promotional Codes on a KLINGLER BROTHERS account may not be transferred to another KLINGLER BROTHERS account.
ARTICLE 7 – ORDER
The ordering and order validation process comprises several stages during which the Customer, after selecting the Product (s) ordered, must validate a detailed summary of the order. By validating the order, the Customer expressly declares to accept the GTC without restriction or reservation.
After the Customer validates the order, KLINGLER BROTHERS confirms it by email. If a Product is unavailable, KLINGLER BROTHERS will inform the Customer and may cancel the order. Furthermore, KLINGLER BROTHERS reserves the right to refuse or cancel any order or delivery in the event of:
• Of existing dispute with the Customer,
• Total or partial non-payment of a previous order by the Customer,
• Refusal of authorization of payment by bank card from banking organizations,
• Non-payment or partial payment.
The Customer will, if applicable, be reimbursed for the sums he has paid for the canceled order no later than thirty days from the date of cancellation of the order.
ARTICLE 8 - TERMS OF PAYMENT
8.1 – Payment method: The Customer pays for their purchases either by bank card, by Paypal, by Bancontact, or by gift card.
Regarding payment by credit card:
Accepted bank cards are listed on the Website. The transmission of the Customer's personal information and banking details is fully secured by the 3D Secure payment system, ensuring a high level of transaction security. This information is only accessible to our partners STRIPE or ALMA for installment payments, so they can contact the Customer's bank. At no time can KLINGLER BROTHERS , or any other third party, access the Customer's banking details.
Regarding payment via Alma :
The Customer completes their Transaction on Alma's payment interface, where they may be asked to provide additional information beyond that already provided to KLINGLER BROTHERS in order to reduce the risks of fraud and non-payment to which KLINGLER BROTHERS is exposed . This additional information may include a request to access the Customer's personal bank account. This access will be used to verify the Customer's integrity via a secure application approved by the ACPR (French Prudential Control and Resolution Authority).
The Customer materializes his request for access to the payment facility by clicking on the button "Pay in several times" (or "Pay in 2 times", "Pay in 3 times", "Pay in 4 times") or "Pay later ”(or“ Pay in 15 days ”or“ Pay in 30 days ”) of the Service Provider. If necessary, the Customer may be asked to affix his signature.
KLINGLER BROTHERS confirms its agreement to this payment plan by displaying the message "Payment accepted" or "Accepted". The customer's order is then validated and the payment plan takes effect immediately.
Regarding payment by Paypal:
By choosing payment via PayPal, the Customer will automatically be directed to his PayPal account. Once the Paypal payment has been validated, the Customer will be able to complete his order. Regarding payment by Bancontact
By choosing payment via Bancontact:
The Customer will be automatically directed to a Bancontact interface and may choose to pay for his order either through the Bancontact application by scanning a QR code, or by using his Bancontact card.
Regarding payment by gift card:
The Customer can pay for his order, in whole or in part, by means of a gift card purchased on the Site.
This is valid without time limit. It is associated with a balance, which can be spent on more than one order.
If the amount of the order is less than the balance of the gift card, the Customer can use the rest of the balance for another order using the same code. If the available balance on the gift card is less than the total amount of the order, the Customer is invited to choose a second method of payment for the remainder due before placing the order.
8.2 – Invoicing: An invoice is issued by KLINGLER BROTHERS and sent to the Client by email. It will also be available in their personal account.
ARTICLE 9 - DELIVERY OF PRODUCTS
9.1 – Delivery Location: The Products ordered by the Customer will be delivered to the address and according to the terms specified at the time of ordering. When the order is shipped, a shipping confirmation email is sent to the Customer. Accepted delivery destinations are listed on the Website.
9.2 – Delivery Time: The delivery time is indicated to the Customer as accurately as possible before order confirmation. However, this time may vary depending on product availability from KLINGLER BROTHERS ' supplier . If no delivery date is specified, the Product will be delivered no later than thirty days after the order.
9.3 – Delivery Delay: In the event of a delivery delay, the Customer must notify KLINGLER BROTHERS customer service within 8 days by email to info@frenchmotoshop.com . If necessary, KLINGLER BROTHERS will then contact the delivery service to initiate an investigation.
In the event of a delivery delay or, failing that, no later than thirty days after the order, the Customer may terminate the contract by registered letter with acknowledgment of receipt or by written notice on another durable medium, if, after having requested KLINGLER BROTHERS to deliver the Product within a reasonable additional period, KLINGLER BROTHERS has failed to do so within that period. The contract is considered terminated upon receipt by KLINGLER BROTHERS of the letter or written notice informing them of this termination, unless KLINGLER BROTHERS has delivered the Product in the meantime. If the Contract is terminated, KLINGLER BROTHERS will reimburse the Customer for all sums paid within fourteen days of the date on which the Contract was terminated.
Any receipt of the Product without prior cancellation constitutes tacit acceptance of delivery, even in the event of delay. As such, the Customer may not request a return or refund for failure to comply with the delivery deadline once the Product has been received, unless the right of withdrawal is exercised within the time limits provided for in Article 10.
9.4 – Receipt: Upon receipt of the ordered Product(s), the Customer must verify their conformity. Any anomaly concerning the delivery (missing or broken Product, damaged package, etc.) must be reported to the carrier and Customer Service by email to info@frenchmotoshop.com within 3 business days of receipt . These reservations must be sufficiently precise and complete to establish the existence and extent of the damage.
ARTICLE 10 - RIGHT OF WITHDRAWAL
10.1 – Exercising the right of withdrawal: As the Customer is a consumer, they have the right to withdraw from the Contract without giving any reason within fourteen days, provided that the Product is undamaged and in its original condition. It must not have been used. The withdrawal period expires fourteen days after the day of:
- Either where the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product (s);
- Or where the Customer or a third party other than the carrier and designated by the Customer, takes physical possession of the last Product in the event that several Products have been ordered by the Customer by means of a single order and if these Products are delivered separately .
To exercise the right of withdrawal, the Customer must notify KLINGLER BROTHERS – 85 rue de la Cime - 01150 LEYMENT , France, or by email to info@frenchmotoshop.com , of their decision to withdraw from the Contract by means of an unambiguous statement (e.g., a letter sent by post or email). The Customer may use the model withdrawal form attached as Appendix 1 to the General Terms and Conditions, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Any return or refund request made beyond the legal period of fourteen days will be systematically refused.
10.2 – Exclusion of the right of withdrawal: In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised, in particular, for the following contracts:
- Supply of goods made to customer specifications or clearly personalized.
- Supplies of goods in destocking or on sale.
10.3 – Effects of Withdrawal: If the Customer withdraws from the Contract, they must return the Product(s) to KLINGLER BROTHERS without undue delay and, in any event, no later than fourteen days after the Customer has communicated their decision to withdraw from the Contract. This deadline is deemed to have been met if the Customer returns the Product(s) before the fourteen-day period expires. The Customer must bear the direct costs of returning the Product(s).
KLINGLER BROTHERS will reimburse all payments received from the Customer, excluding delivery charges. KLINGLER BROTHERS will issue the refund using the same payment method the Customer used for the initial transaction, unless the Customer expressly agrees to a different method; in any event, this refund will not incur any fees for the Customer. The Customer is liable for any diminished value of the Product(s) resulting from handling other than what is necessary to establish the nature and characteristics of the Product(s).
In the event of depreciation of the Product, KLINGLER BROTHERS reserves the right to apply a discount corresponding to the loss in value.
ARTICLE 11 - RETENTION OF OWNERSHIP
The ordered product(s) remain the property of KLINGLER BROTHERS until full payment is received by KLINGLER BROTHERS . In the event of a payment default, the customer agrees to return the product(s) received to KLINGLER BROTHERS upon first request. However, from the date of actual delivery of the product(s), the customer assumes all risks (including loss, theft, or damage) concerning the delivered product(s).
ARTICLE 12 - GUARANTEE
The Customer is informed that the Products sold by KLINGLER BROTHERS may, subject to compliance with the conditions provided for by legal texts, benefit from the legal guarantee of conformity (articles L 217-4 to L.217-13 of the Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code).
In accordance with article L211-2 of the Consumer Code, the Customer is informed that when acting as a legal guarantee of conformity, he:
- Benefit from a period of two years from the delivery of the property to act;
- Can choose between repair or replacement of the good, 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 good during the twenty-four months following the delivery of the good.
The legal guarantee of conformity applies independently of any commercial guarantee granted. The Customer can also decide to implement the guarantee against hidden defects of the item sold within the meaning of 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 article 1644 of the civil code.
Exclusion: the Customer is informed that no warranty applies when the defect is due to improper installation or use of the Product, use for professional purposes, normal wear and tear or negligence or lack of maintenance. from the Client.
Article L217-4 of the Consumer Code: The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
Article L217-5 of the Consumer Code: The goods conform to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is 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 time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable goods, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the goods in question are made available for repair, if the latter is later than the request for service.
Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, 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.
Assembly of technical products
Certain technical products, particularly tires, require installation in accordance with the manufacturer's instructions, carried out by a qualified professional with the appropriate tools (wheel balancer, tire changer, torque wrench, etc.).
In the event of installation carried out by the Customer himself or by a non-professional third party, the legal or commercial guarantee cannot be applied, unless there is formal proof of a defect existing prior to installation.
KLINGLER BROTHERS reserves the right to refuse any warranty support if the Product has been incorrectly assembled, handled or used in conditions that do not comply with the manufacturer's usage or recommendations.
ARTICLE 13 - LIABILITY
KLINGLER BROTHERS cannot be held liable for any failure to comply with the installation, use, and maintenance instructions for the Products. Furthermore, given the inherent characteristics of the Internet, KLINGLER BROTHERS cannot be held liable for service interruptions due to the characteristics and limitations of the Internet network, particularly in the event of interruptions to access networks, technical performance issues, and response times for accessing, querying, downloading, or transferring information contained on the Site. KLINGLER BROTHERS is in no way responsible for Site service interruptions related to technical or other difficulties.
In general, KLINGLER BROTHERS is not responsible when the poor performance or non-performance of obligations arising from the sale is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
In the event that KLINGLER BROTHERS is found liable, it is expressly agreed that it shall only be liable for direct damages proven by the Client within the meaning of Article 1231-4 of the French Civil Code. Furthermore , KLINGLER BROTHERS assumes no liability or responsibility of any kind whatsoever with regard to: ➢ The consequences of failure of a Client's computer equipment and/or networks (computer, telephone, etc.); ➢ The consequences of interruption or failure of the Internet network and/or Internet access services; ➢ Improper installation or use, use for professional purposes, normal wear and tear, negligence, or lack of maintenance on the part of the Client. ARTICLE 14 – FORCE MAJEURE
Neither Party can be held liable in the event that the performance of its obligations is delayed, restricted or made impossible due to the occurrence of a case of force majeure as defined in the new article 1218 of the Civil Code (hereinafter referred to as `` force majeure ''). -after the "Force Majeure"). The Party which suffers the Force Majeure must notify the occurrence thereof without delay to the other Party. In the event of the occurrence of Force Majeure, if the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in the new articles 1351 and 1351-1 of the Civil Code.
ARTICLE 15 - PERSONAL DATA
Your personal data is processed in accordance with our privacy policy accessible here.
ARTICLE 16 - OPPOSITION TO THE TELEPHONE DEMARCHING
If the Customer's telephone number is collected when creating their account or placing their order, the Customer is informed that their telephone numbers will only be used for the proper execution of their orders or to contact them. in order to offer him new services.
Without prejudice to the foregoing, in accordance with articles L223-1 and L223-2 of the Consumer Code, the Customer is also informed that there is a list of opposition to the “Bloctel” telephone canvassing on which it is possible to contact '' register online at the following address: https://conso.bloctel.fr.
ARTICLE 17 - INTELLECTUAL PROPERTY - PROTECTION OF DATABASES
All elements of the Site, whether visual or audio, including the underlying technology, as well as the Products, are protected by intellectual property rights such as copyright, trademark, or patent. They are the exclusive property of KLINGLER BROTHERS or its content providers. Any reproduction, representation, or reuse, in whole or in part, on any medium whatsoever is prohibited. Failure to comply with this prohibition constitutes infringement and may result in civil and criminal penalties. Customers who have a personal website and wish to place a simple link on their site, for personal use, that redirects directly to the Site, must obtain prior written authorization from KLINGLER BROTHERS . This authorization shall not be considered an implicit affiliation agreement. In all cases, any link must be removed upon simple request from KLINGLER BROTHERS.
It is prohibited to systematically extract and/or reuse parts of the content of the KLINGLER BROTHERS website without its prior written consent. In particular, it is prohibited to use data scraping robots or any other similar data collection or extraction tools to extract (in one or more instances) and reuse a substantial part of the KLINGLER BROTHERS website without its prior written consent. It is prohibited to create and/or publish your own databases that include substantial parts (e.g., prices and product lists) of the KLINGLER BROTHERS website without its prior written consent.
ARTICLE 18 - PARTIAL NON-VALIDITY
If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
ARTICLE 19 - MODIFICATION OF THE SITE OR OF THE CONDITIONS OF SALE
KLINGLER BROTHERS reserves the right to make changes to its Website, procedures, and Terms of Sale at any time. Each Customer is subject to the procedures and Terms of Sale in effect at the time they order a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority (in which case, this change may apply to previous orders placed by the Customer).
ARTICLE 20 - AGREEMENT ON PROOF
In addition to the legal provisions recognizing the probative value of electronic writing, the Client recognizes the validity and probative force of emails, SMS messages, and digital notifications and records made by KLINGLER BROTHERS.
ARTICLE 21 - COMPLAINTS
Any complaint can be addressed to KLINGLER BROTHERS :
• Or by registered letter with acknowledgment of receipt to the following address: 85 rue de la Cime - 01150 LEYMENT
• Or by email to the following address : info@frenchmotoshop.com
ARTICLE 22 - MEDIATION
When the Customer is a consumer, he may, in accordance with article L.111-1 of the Consumer Code, in the event of a dispute resulting from this agreement, have recourse to a consumer mediator: Name: SAS Mediation Solution Address: 222, chemin de la Bergerie - 01800 SAINT JEAN DE NIOST E-mail: contact@sasmediationsolution-conso.fr
Website: https://www.sasmediationsolution-conso.fr
In addition, and in accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers. and professionals from the European Union. This platform is accessible at the following link:
https://webgate.ec.europa.eu/odr/
ARTICLE 23 - APPLICABLE LAW - DISPUTES
These Terms and Conditions are governed by French law. In the event of a translation, the French version shall prevail. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN KLINGLER BROTHERS AND THE CLIENT, EVEN IN THE CASE OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT FRENCH COURTS IN ACCORDANCE WITH THE RULES SET FORTH BY THE FRENCH CODE OF CIVIL PROCEDURE.