The present General Sales Conditions are translated from French to English in order to facilitate the understanding of the terms proposed by AddBike, but only the French version has legal value,
Article 1 – Scope of application
The following General Conditions of Sale apply, without restriction or reservation whatsoever, to all sales made by AddBike SAS, a company with a registered capital of TWENTY-FIVE THOUSAND ONE HUNDRED AND THIRTY-NINE EUROS (25,139 euros), registered in the RCS [trade register] of Lyon under number 810 401 976, with headquarters at 12 Avenue Joannès Masset 69009 Lyon, operating under the brand name AddBike, with non-professional buyers (hereinafter “the Customers or the Customer”), domiciled in certain countries of the European Union wishing to purchase the products sold by AddBike (hereinafter, “the Products or the Product”) on the website add-bike.com (hereinafter referred to as “the Site”).
The main features of the Products, including specifications, illustrations and instructions for the Product sizes and capacities, are displayed on the Site. The Customer must be aware of this before any order is placed. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Site are not contractual and shall not render AddBike liable. Product offers are subject to available stock as specified at the time of placing the order.
These General Conditions of Sale are available on the Site at all times, and will prevail over any other contradictory document or version. The Customer acknowledges that he/she has read these General Conditions of Sale and has accepted them by ticking the box provided for this purpose prior to starting the online ordering process.
These General Conditions of Sale may be subject to change. Therefore, the effective General Conditions of Sale are those in force on the Site at the time of placing the order on the Site.
Article 2 – Orders
The Customer is responsible for selecting the Products he/she wishes to order on the Site, according to the following terms:
The Customer fills his/her basket with Products,
The Customer checks his/her order, and can change it,
The Customer can sign in and create a customer account, without any obligation,
The Customer fills in his/her delivery address,
The Customer chooses his/her payment method, validates these General Conditions of Sale, checks and validates his/her order,
The Customer makes his/her payment request via the secure Mercanet platform,
The Customer receives an email confirming his/her order.
The contractual information shall be displayed in French, English and German and shall be confirmed by the time that the order is validated by the Customer. Product offers are valid for as long as they are visible on the Site, while stocks last. AddBike checks the availability of the Product(s) ordered once the customer order is received. AddBike will send the Customer an e-mail if any Product ordered is unavailable. The order will be cancelled and subsequently refunded and the remainder of the order shall remain firm and final.
The sale will only be considered final once AddBike sends a confirmation email accepting the order to the Customer.
The order confirmation email sent by AddBike constitutes a sales contract between the Customer and AddBike.
AddBike reserves the right to cancel or refuse any Customer order with whom there is a dispute relating to the payment of an earlier order.
Article 3 – Prices and fees
Products are provided at the current prices appearing on the Site, whenever the order is registered by AddBike. Prices are expressed in euros, including all taxes (including taxes), the VAT in force on the day of the order.
The prices include any discounts that would be granted by AddBike on the Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Site. AddBike reserves the right to change the prices at any time outside this validity period. They do not include any processing, shipping, transport and delivery costs, which are added to the invoice, under the conditions indicated on the Site and calculated prior to the placing of the order.
The payment requested from the Customer is the total amount of the purchase, including these costs.
AddBike issues an invoice and sends it to the Customer by e-mail when the ordered Products are shipped.
Article 4 – Terms of payment
Payment is always made in cash before shipment. All payments are made in euros. The price is payable in cash in full on the day the Customer places the order, by secure payment, by credit card (Carte Bleue [French debit card], Visa, Eurocard/MasterCard). The Customer is legally authorised to use the payment methods of his/her order upon registration of the order.
The Customer is charged when the order takes place. Orders are final only once the amounts due are received. AddBike has chosen a secure payment method (3D-Secure protocol) via the Mercanet platform (BNP Paribas).
Article 5 – Deliveries
The availability and delivery time is stated for each Product. This is confirmed by AddBike after the order.
Whenever the Customer orders several Products at the same time that have different shipping times, the order shipping time is based on the longest time.
The Customer may terminate the contract by registered letter with notice of receipt in the event of any breach of the contractual timeframes, after having requested AddBike to make the delivery or to provide the service within a reasonable additional time. In this case, whenever the contract is terminated, AddBike must repay the Customer all the amounts paid within 14 days after the date when the contract was terminated.
Delivery is constituted by the transfer of physical possession or control of the Product to the Customer.
The Products ordered by the Customer shall be delivered in certain countries of the European Union (according to the list chosen by AddBike) to the delivery address specified by the Customer when making an order on the Site. The Customer may choose for delivery to be made to a delivery address other than the billing address by specifying these two addresses when ordering.
The Customer is notified of the shipment of his/her order by e-mail. The transporting company chosen by AddBike shall have the Customer’s contact information to organise the most suitable delivery method. The Customer shall bear the costs involved in resending the package if he/she is absent when this is arranged.
The Customer must check the condition of the package in front of the delivery person and state any reservations necessary on the delivery note. These reservations must be clear and precise and provide information on the condition of the goods (rather than their packaging). If no reservation is made, the Product is deemed to be accepted by the Customer and will not be subject to any dispute concerning its delivery. Following stating any reservations, the Customer will have to notify AddBike by e-mail (email@example.com) within 24 to 48 hours to allow AddBike to take over the handling of the matter within the legal time limit to report the issue to the courier company by registered letter.
Article 6 – Right of cancell and Product return
You have the right to cancel this contract within FOURTEEN (14) days without giving any reason. The cancellation period will expire after FOURTEEN (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post at AddBike, Retour Produits [Product Return], 61 cours de la République, 69100 VILLEURBANNE or email at firstname.lastname@example.org.
You may use the model cancellation form in annex, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel your order within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs, corresponding to the total amount paid, will be reimbursed. The return transport costs remain the responsibility of the Customer and are not refunded under any circumstances.
The exchange (subject to availability) or the refund will be made to the credit of the Customer’s bank account, within 14 days at the most from the receipt by AddBike of the Products returned by the Customer under the conditions provided in this article.
Article 7 – AddBike’s Liability – Guarantee
The Products sold on the Site comply with the regulations in force in France.
The Products supplied by AddBike are rightfully and without any additional payment, irrespective of the right of withdrawal and any commercial guarantee, in accordance with legal provisions, covered by the following guarantees:
The legal guarantee of conformity for seemingly faulty, spoiled or damaged Products or that do not match the order,
The legal guarantee against hidden defects resulting from any material, design or manufacturing defect affecting the delivered Products and rendering them unfit for use.
“Legal guarantee of conformity” (extract from the Consumer Code)
Article L 217-4. “The seller delivers goods in accordance with the contract and responds to existing lack of conformity at the time of issue. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this is covered by the contract or performed under its responsibility.”
Article L 217-5 “The goods comply with the contract:
1. If it is specific to the usual expected use of similar goods and, if applicable:
– if it corresponds to the description provided by the seller and has the features presented by the seller to the buyer in the form of a sample or model;
– if it has the features that a buyer can legitimately expect in terms of public statements made by the seller, by the producer or by his/her representative, particularly in the advertising or labelling;
2. Or if it has any of the features defined by mutual agreement between the parties or is specific to any special use sought by the buyer, that the seller has been notified of and that the latter party has accepted.”
Article L 217-12: “Any action resulting from non-compliance shall expire two years from the issue of the goods.”
Article L 217-16: “Whenever the buyer asks the seller for a restoration covered by the guarantee during the period of the commercial guarantee granted during purchase or repair works of a product, downtime of at least seven days shall be added to the remaining period of the guarantee to be covered. This period lasts from when the buyer requests intervention or when the buyer provides the goods in question for repair, if this provision takes place after the request for intervention.”
“Guarantee covering hidden defects” (extract from the Civil Code)
Article 1641: “The seller is bound by the guarantee covering hidden defects of the goods sold that make it unsuitable for the purpose for which they are intended, or that diminish use of the same to such an extent that the buyer would not have purchased them or would have done so only for a lower price if he/she had known about these defects.”
Article 1648 paragraph 1: “The purchaser must bring any action resulting from the defect within two years from discovery of the defect.”
In order to enforce his/her rights, the Customer must notify AddBike in writing of the non-conformity of the Products within a maximum of TWO (2) years from the delivery of the Products or give notice of the existence of any hidden defects within a maximum of TWO (2) years from discovery of the same.
As part of the legal guarantee of compliance, the Customer can choose for the Products to be replaced (subject to availability of the products) or for a refund. As part of the guarantee covering hidden defects, the Customer can choose between returning the Product or being reimbursed, or keeping the Product and being partially reimbursed.
Shipping costs will be reimbursed based on the price charged and the return costs will be refunded upon submission of the supporting documents. Refunds for Products deemed to be non-compliant or faulty will be made as soon as possible. The refund will be credited to the Customer’s bank account or paid by cheque addressed to the Customer.
AddBike shall not be liable in the following cases:
Non-compliance with the legislation of the country where the Products are delivered, which the Customer is responsible for checking;
Any defects and consequences due to any installation that does not comply with AddBike’s instructions provided to the Customer, including those contained in the instructions for use supplied with the Products and available on the Site;
In the event of misuse, negligence or lack of maintenance by the Customer, such as normal wear and tear of the Product, accident or force majeure.
The guarantee does not apply to the bike on which AddBike is installed, which as a result of this installation loses the original manufacturer’s guarantee.
Article 8 – Data processing and individual liberties
Under Law 78-17 dated 6 January 1978, personal data that are requested from the Customer are necessary for the processing of his/her order and for preparing invoices in particular. This data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders. AddBike undertakes not to communicate its Customers’ contact information to any third party either free of charge or for payment.
The processing of the information communicated through the Site has been declared to the CNIL [National Commission for Information Technology and Civil Liberties].
In accordance with French and European regulations in force, the Customer is entitled to permanent access, modification, rectification and restriction of any information concerning him/her. This right may be exercised under the terms and conditions defined on the Site (“Data Protection” page).
Article 9 – Intellectual property
The content of the Site is owned by AddBike and its partners and is protected by French and international intellectual property laws.
Any reproduction in whole or in part of this content is strictly prohibited and is likely to constitute an infringement offence.
AddBike also retains ownership of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes, etc. The Customer is therefore prohibited from reproducing or using these studies, drawings, models and prototypes, etc., without AddBike’s prior written express authorisation, which may be subject to a financial consideration.
Article 10 – Force majeure
All circumstances beyond the parties’ control preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above circumstances shall immediately notify the other party that they have taken place as well as that they have ended.
Any compelling facts or circumstances that are unforeseeable, inevitable, beyond the parties’ control and that they could not have prevented, despite all reasonable efforts, shall be considered as a case of force majeure. Apart from those cases that are usually recognised by the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: the blocking of means of transport or supply, earthquakes, fire, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specifically related to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which contract performance will be continued. If the force majeure event lasts longer than three months, these General Conditions of Sale may be terminated by the injured party.
Article 11 – Partial non-validation
If one or more of the provisions of these General Conditions of Sale are held invalid or declared as such under any law, regulation or following a final decision of a competent court, the other stipulations shall remain fully valid and in force.
Article 12 – Non-waiver
The failure of one of the parties to take action against a breach of any of the obligations referred to in these General Conditions of Sale by the other party shall not be construed in the future as a waiver of the obligation in question.
Article 13 – Applicable law
These General Conditions of Sale and the transactions arising therefrom shall be governed by and subject to French law.
These General Conditions of Sale are written in French.
Article 14 – Disputes
Any disputes that could arise from the purchasing and sales operations concluded pursuant to these General Conditions of Sale in terms of their validity, interpretation, performance, termination, their consequences and their results which could not be resolved between the seller and the Customer will be submitted to the competent courts under the conditions of ordinary law.
The Customer is informed that he/she may use conventional mediation or any alternative method of dispute resolution in the event of any dispute in any event.
The European Commission provides a platform for Online Dispute Resolution (ODR), which you can be accessed at http://ec.europa.eu/consumers/odr/.
Article 15 – Pre-contractual information – Customer acceptance
Making an order on the Site shall entail full adherence to and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognised by the Customer who in particular shall waive any other document, which would be not binding over AddBike.
Annex – Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on add-bike.com except for any exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
The form must be returned to the attention of:
email@example.com if you wish to withdraw by e-mail,
AddBike, Retour Produits, 61 cours de la République, 69100 VILLEURBANNE if you wish to withdraw by post.
I hereby notify you of my withdrawal from the contract for the sale of the following good(s):
Name(s) and reference(s) of item(s):
Name of the Customer who placed the order:
Address of the Customer who placed the order:
Customer’s signature in the event of notification of this form on paper: