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 the company KLINGLER BROTHERS, SARL with a share capital of € 5, registered with the RCS of BOURG-EN-BRESSE under number 000 884 938 and whose intra-community VAT number is: FR671 36 884 938. Its head office is located: 671 rue de la Cime - 85 LEYMENT. The sales department of KLINGLER BROTHERS 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 possibility to ask questions about the characteristics of a Product by sending a request by email to the following address: info @ frenchmotorcycleshop.com.
Unless expressly stated otherwise on the Site, all Products sold by KLINGLER BROTHERS are new and comply with the European legislation in force and the standards applicable in France.
The responsibility of KLINGLER BROTHERS can not be engaged in the event of non-compliance with the legislation of the country in which the product will be delivered. It is the Customer's responsibility to check with the local authorities of the country of delivery of the Products the possibilities of importing or using the Products he intends to order.
KLINGLER BROTHERS cannot guarantee that the information written on the packaging of the Products is translated into the language of the country of delivery. However, this information is available at least in French or English.
The photos presented in each sheet produced by KLINGLER BROTHERS are not contractual. Some details may differ and the photos shown are 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 announced on the Site and within the limit of stocks available from the supplier (s) of KLINGLER BROTHERS.
In the event of unavailability of a Product, KLINGLER BROTHERS informs the Customer of this and can either cancel the order or suggest a later delivery date. 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 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 - Creation procedure: To create a Personal Account, the Customer must go to the Site and complete the mandatory fields of the registration form. Each Customer can only create one profile for their personal account.
4.2. - Identifier management: The identifiers, login and password, allowing access to the Personal Account are chosen by the Customer taking into account the availability taking into account the identifiers already created by other Customers. These identifiers are strictly personal and must be kept secret by the Customer under his responsibility. In the event of loss or theft of his identifiers or of any unauthorized use of his Personal Account, it is the Customer's responsibility to follow the procedure on the Site so that new identifiers are created.
4.3 - Activation of the Personal Account: By validating the creation of his 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 Customer undertakes to regularly update all of his personal information in his Personal Account in order to maintain its accuracy.
ARTICLE 5 - PRICES
5.1 - Product prices: The Products are sold at the prices in effect on the Site at the time the order is placed. In all cases, the prices are expressed in euros all taxes included. Unless otherwise indicated on the Site or these T & Cs, the prices do not include any shipping and transport costs, which are invoiced in addition. The prices of any eco-participations are indicated clearly, distinctly and in accordance with the legislation in force in the Product sheets. Eco-participations 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 costs: The amount of delivery costs is calculated according to the weight and size of the Products delivered as well as the place of delivery and / or delivery methods chosen by the Customer. The amount of delivery costs is indicated to the Customer prior to any validation of his order. It is expressed in euros all taxes included. For certain geographic areas, it is possible that KLINGLER BROTHERS contacts the customer after their order to invoice them additional shipping costs. If the customer refuses, KLINGLER BROTHERS will refund the customer's order in full.
ARTICLE 6 - PROMOTIONAL CODES
Promotional codes issued by KLINGLER BROTHERS (Hereinafter "Promotional Codes") are only used for promotional purposes. Promotional Codes must be used on the Site and expire on the date appearing in the conditions communicated with the Promotional Code. Promotional Codes may be subject to additional conditions communicated with the Promotional Code. Promotional Codes cannot be used on another website operated by KLINGLER BROTHERS, its subsidiaries or any other legal or private person, unless the T & Cs or the conditions communicated with the Promotional Code so provide. It is not possible to use Promotional Codes for certain products. In this case, the Promotional Code will simply not be applied to the product in question at the end of the order.
Promotional Codes cannot be resold, transferred, refunded for cash or used on any other account. KLINGLER BROTHERS, unless required by law. Promotional Codes not used on an account KLINGLER BROTHERS cannot be transferred to another account KLINGLER BROTHERS.
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 validation of the order by the Customer, KLINGLER BROTHERS confirm this by e-mail. In the event of unavailability of a Product, KLINGLER BROTHERS informs the Customer and can either cancel the order. Otherwise, KLINGLER BROTHERS reserves the right to refuse or cancel any order or any 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 - Method of payment: The Customer pays for his purchases either by bank card, or by Paypal, or by Bancontact, or by gift card.
Regarding payment by credit card:
The accepted bank cards are mentioned on the Site. The transmission of the Customer's personal information and banking data is fully secured by the 3D secure system for the transmission of payment data, which allows you to ensure a high level of security for transactions. This information is only accessible to our partner STRIPE or ALMA for payment in several installments, so that he can get in touch with the Customer's bank. At no moment, KLINGLER BROTHERS, or any other third party, cannot access the Customer's banking data.
Regarding payment by Alma :
The Customer carries out his Transaction on the Alma payment interface, where additional information to that already provided to KLINGLER BROTHERS may be requested with the aim of reducing the risks of fraud and non-payment to which they are exposed KLINGLER BROTHERS. This additional information may in particular take the form of a request to consult the Customer's personal bank account. This consultation will aim to establish the integrity of said Client, via a secure application approved by the ACPR.
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 materializes its agreement for this payment facility by the message "Payment accepted" or "Accepted". The Customer's order is then validated and the payment facility 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 - Billing: An invoice is issued by KLINGLER BROTHERS and sent to the Client by email. It will also be available on his Personal Account.
ARTICLE 9 - DELIVERY OF PRODUCTS
9.1 - Place of delivery: The Products ordered by the Customer will be delivered to the address and according to the terms and conditions provided for when ordering. When the order is shipped, a shipping confirmation email is sent to the Customer. The accepted delivery destinations are mentioned on the Site.
9.2 - Delivery time: The delivery time is mentioned to the Customer as exactly as possible before the order is confirmed. This may, however, change depending on the availability of the Products from the supplier of KLINGLER BROTHERS. In the absence of indication as to the delivery date, the Product will be delivered no later than thirty days after the order.
9.3 - Late delivery: In the event of late delivery, the Customer must report this delay within 8 days to the customer service of KLINGLER BROTHERS, by e-mail to info @ frenchmotorcycleshop.com. If applicable, KLINGLER BROTHERS will then approach the delivery service so that an investigation can be carried out.
In the event of late delivery 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 in writing on another durable medium, if, after having asked KLINGLER BROTHERS to deliver the Product within a reasonable additional period of time, the latter has not been carried out within this period. The contract is considered terminated upon receipt by KLINGLER BROTHERS the letter or writing informing him of this resolution, unless KLINGLER BROTHERS has been executed 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.
9.4 - Reception: Upon receipt of the Product (s) ordered, the Customer must verify the conformity of this Product (s). Any anomaly concerning the delivery (missing or broken product, damaged package, etc.) must be notified at the latest within 3 working days after receipt to the carrier and to Customer Service by e-mail: info @ frenchmotorcycleshop.com. These reservations must be sufficiently precise and complete to establish the existence and extent of the damage.
ARTICLE 10 - RIGHT OF WITHDRAWAL
10.1 - Exercise of the right of withdrawal: the Customer being a consumer, this one has the right to withdraw from the Contract without giving any reason within fourteen days provided that the Product is intact, in the state of origin. It must not have been used. The withdrawal period expires fourteen days after the day:
- 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 Company KLINGLER BROTHERS - 85 rue de la Cime - 01150 LEYMENT or by e-mail: info @ frenchmotorcycleshop.com - its decision to withdraw from the Contract by means of an unambiguous declaration (for example, letter sent by post or email). The Customer can use the model withdrawal form attached in Annex 1 to the GTC, but this is not mandatory. For the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
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 contracts:
- Supply of goods made to customer specifications or clearly personalized.
10.3 - Effects of withdrawal: In the event of withdrawal from the Contract by the Customer, the latter must return or return the Product (s), to KLINGLER BROTHERS without undue delay and, in any event, no later than fourteen days after the Customer has communicated his decision to withdraw from the Contract. This deadline is deemed to have been met if the Customer returns the Product (s) before the expiration of the fourteen-day period. The Customer must bear the direct costs of returning the Product (s).
KLINGLER BROTHERS will refund all payments received from the Customer, except delivery charges. KLINGLER BROTHERS will refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly accepts the use of a different means; in any case, this reimbursement will not incur costs for the Customer. The Customer is liable for any depreciation of the Product (s) resulting from handling other than those necessary to establish the nature and characteristics of the Product (s).
ARTICLE 11 - RETENTION OF OWNERSHIP
The Product (s) ordered remain the property of KLINGLER BROTHERS until full payment of the price by KLINGLER BROTHERS. In the event of a payment incident, undertakes to return to KLINGLER BROTHERS the Product (s) received from the first request. On the other hand, on the effective date of taking possession of the Product (s), the risks (in particular of loss, theft or deterioration) concerning the Product (s) delivered are assumed by the Customer.
ARTICLE 12 - GUARANTEE
The Customer is informed that the Products sold by KLINGLER BROTHERS are liable, subject to compliance with the conditions provided for by legal texts, to 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 delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code: The good complies with 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 prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property 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 by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.
Article 1648 1er paragraph 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.
ARTICLE 13 - LIABILITY
KLINGLER BROTHERS cannot be held responsible in the event of non-compliance with the installation, use and maintenance instructions for the Products. Moreover, given the intrinsic characteristics of the Internet, KLINGLER BROTHERS cannot be held responsible for interruptions of services due to the characteristics and limits of the Internet network, in particular in the case of interruption of access networks, technical performance and response times to consult, query, download or transfer the information contained. on the site. KLINGLER BROTHERS is in no way responsible for interruptions of Site services related to technical or other difficulties.
In a general way, KLINGLER BROTHERS is not responsible when the poor performance or the non-performance of the obligations resulting from the sale is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
In the event that the responsibility of KLINGLER BROTHERS would be committed, it is expressly agreed that it would only be liable for direct damage of which the Customer will provide proof within the meaning of new article 1231-4 of the Civil Code. KLINGLER BROTHERS In addition, does not assume any commitment or responsibility, of any form whatsoever, with regard to: ➢ The consequences in the event of failure of a Customer's equipment and / or computer networks (computer, telephone, etc.); ➢ The consequences in the event of an interruption or failure of the Internet network and / or Internet access services; ➢ Incorrect installation or use, use for professional purposes, normal wear and tear, negligence or lack of maintenance on the part of the Customer. 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
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 the elements of the Site, whether visual or sound, 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 is prohibited. Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the infringer. The Customer who has a website in a personal capacity and who wishes to place, for personal use, on his site a simple link referring directly to the Site, must necessarily request the prior written authorization of KLINGLER BROTHERS, without this authorization being considered as an implicit affiliation agreement. In all cases, any link must be removed upon request from KLINGLER BROTHERS.
It is prohibited to systematically extract and / or reuse parts of the content of the website of KLINGLER BROTHERS without his prior written authorization. In particular, it is forbidden to use a data suction robot, or any other similar tool for collecting or extracting data to extract (in one or more times), to reuse a substantial part of the website of KLINGLER BROTHERS without his prior written authorization. It is forbidden to create and / or publish own databases that would include substantial parts (e.g. prices and product lists) of the website of KLINGLER BROTHERS without his prior written authorization.
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 Site, procedures and Terms of Sale at any time. Each Customer is subject to the procedures and Conditions of Sale in force at the time he orders a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority (in which case, this modification may apply to orders previous ones he made).
ARTICLE 20 - AGREEMENT ON PROOF
In addition to the legal provisions recognizing the probative value of electronic writing, the Customer recognizes the validity and the probative force of emails, SMS, and notifications and digital recordings 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 e-mail to the following address: info @ frenchmotorcycleshop.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: email@example.com
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:
ARTICLE 23 - APPLICABLE LAW - DISPUTES
The GTC are subject to French law. In case of translation, the French version prevails. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR BREACH OF THE CONTRACT CONCLUDED BETWEEN KLINGLER BROTHERS AND THE CUSTOMER, EVEN IN CASE OF MULTIPLE DEFENDANTS, WILL BE THE EXCLUSIVE JURISDICTION OF THE COMPETENT FRENCH COURTS IN APPLICATION OF THE RULES DEDICATED BY THE FRENCH CODE OF CIVIL PROCEDURE.