Terms and Conditions
Effective date : October 1st, 2019
Article 1 – Field of application
The following Terms and conditions are effective, without restriction nor reserve for all sales concluded by AddBike SAS company which funds are from TWENTY-FIVE THOUSAND ONE HUNDRED NINE (€ 25 139), belonging to RCS from Lyon under the number 810 401 976, which the head office is located at 12 Avenue Joannès Masset 69009 Lyon, and exploiting the brand named AddBike, with non-professional buyers (hereafter “the Customers or the Customer”), domiciled in certain countries of the European Union wishing to acquire the products offered for sale by AddBike (hereafter “the Products or the Product”) on the website add-bike.com (hereafter « the Website »).
The main characteristics of the Products and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products are presented on the Website. The Customer is required to read it before placing any order. The choice and the purchase of a Product is the Customer’s only responsibility. The pictures and graphics presented on the Website are not contractual and cannot engage the responsibility of AddBike. Products offers are accessible in the limit of the available stock, such as detailed on the order placing.
The following Terms and conditions are accessible at every moment on the Website and will prevail over any other version or any other contradictory document. The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure.
These Terms and conditions can be subject to modifications. Since then, the Terms and conditions in force are the one in force on the Website while the order is placing on the Website.
Article 2 – Orders
It is up to the Customer to select on the Website the Products he wishes to order, according to the following methods:
- The Customer fills his cart with Products.
- The Customer checks his order and can modify it,
- The Customer can sign up to create a user account or sign in, without being an obligation.
- The Customer fills his delivery address,
- The Customer chooses his payment method, validates the following Terms and conditions, checks his order then proceeds to checkout,
- The Customer proceeds to checkout via the secured platform Mercanet,
- The Customer receives a confirmation email for his recent order.
The contractual information is commonly presented in French and is subject to confirmation at the latest when the Customer confirms the order. Products offers are accessible on the Website in limits of available stock. At Customer’s order reception, AddBike checks the availability of the ordered Product(s). In case of the unavailability of an ordered product, the Customer will be informed by email from AddBike. The cancel of the order of this product and its eventual refund will be done, the rest of the order keeps definitive.
The purchase won’t be considered as definitive until sent to the Customer the confirmation of the order checkout from AddBike by electronic mail.
The order checkout confirmation email sent by AddBike constitute the sell contract formation between the Customer and AddBike.
AddBike keeps the right to cancel ou refuse any Customer order with who can exist a relative litigation with a past order.
Article 3 – Prices and shipping cost
Products are provided from costs in force available on the Website when order is saving by AddBike. Prices are in euro, all taxes included with TVA in force the day of the order.
Costs are considered as eventual reductions which have been granted by AddBike on the Website.
These costs are fixed and not subject for revision during their validity period as indicated on the Website. AddBike keeps the right to modify prices at all times when this validity period is out. They don’t constitute treatment costs, shipping and delivery costs, which will be billed as a supplement according to the terms indicated on the Website and calculated before the order placing.
The checkout asked to the Customer tie to the total amount of the purchase including these costs.
A bill is established by AddBike et sent to the Customer by email when shipping the ordered Products.
Article 4 – Checkout conditions
The checkout is always instant before shipping. All payments are in Euro. The price is paid in one time, in its totality the day of the order placing by the Customer, via a secured payment way by credit card (Visa, EuroCard, Mastercard). The Customer dispose, when saving the order, of legal authorizations for the use of his order payment method.
The Customer is debited when the order is done. Orders are definitive when the purchase is done. AddBike has chosen a secured payment method (3D-Secured Protocol) via Mercanet platform (BNP Paribas bank).
Article 5 – Deliveries
The availability and delivery delays are mentioned on each product. These ones are confirmed by AddBike after the checkout.
When Customer is ordering several products at the same time and when those ones have different shipping costs, the order delivery delay is based on the longest one.
In case of non-respect of the contractual delays, Customer can cancel the contract by registered letter with receipt notice, after having enjoined AddBike to perform shipping or to provide the service in a reasonable additional delay. In that case, when the contract is cancelled, AddBike has to refund Customer of the total amount of money paid in a delay of 14 days after the date of the contract cancellation.
The shipping is constituted by the transfer to the Customer of the material possession or control of the Product.
The ordered products by Customer will be delivered in some European Union countries (according to AddBike’s chosen list), to the delivery address provided by the Customer when ordering on the Website. Customer can choose to ship his order at a different address from billing address, specifying it when ordering.
The Customer is informed of his order shipment by email. The AddBike’s chosen delivery service will dispose of Customer’s information to organize the shipment at its best. In case of Customer’s absence at the selected date, shipment costs will be in Customer’s charges.
The customer has to control in front of the delivery man the aspect of the parcel and transmit his remarks on the delivery slip. These remarks have to be clear and precise and have to provide information on the parcel content’s aspect and not its packaging. In case of remarks absence, the product is deemed accepted by Customer and won’t be the object of contestation about its delivery. Customer should, after these remarks sending, notify AddBike by electronic mail (email@example.com) in 24h or 48h to let AddBike take in charge the legal folder treatment to declare to the delivery service the noted litigation by registered letter.
Article 6 – Retraction rights and product return
According to legal disposal in force, Customer dispose of a FOURTEEN (14) days delay from the product reception day to exercise his right of retraction with AddBike, without having to justify the reasons nor to pay penalty in case of exchange or refund provided that the Products are returned in their original packaging and in a perfect state within FOURTEEN (14) days after the notification to AddBike of the Customer retraction decision at the following address: AddBike, Retour Produits, 61 cours de la République, 69100 VILLEURBANNE
Returns have to be made in their original state and complete (packaging, accessories, notice…) allowing their commercialization at a brand new state, accompanied by the purchase bill.
Damaged, dirty or incomplete products won’t be accepted.
The retraction right can be exercised thanks to the retraction form available as an annex of the present Terms and Conditions, in which case a receipt note on sustainable support will be immediately communicated to the Customer from AddBike, or any other declaration, without any ambiguity, expressing the will to retract. The retraction form has to be sent to:
- By mail: AddBike, Retour Produits, 61 cours de la République – 69100 VILLEURBANNE.
- Or by e-mail: firstname.lastname@example.org
In case of exercising the retraction right abovementioned, only the price of one or several Products bought and delivery costs, corresponding to the totality of paid amount, are refunded. Returning shipment costs are still in charge of the Customer and can’t be refunded under no circumstances.
The exchange (under reserve of availability) or the refund will be done by crediting the Customer’s bank account, in a 14 days delay at most to be counted from the order receipt, by AddBike, of the returned Products by Customer in the intended terms by the present article.
Article 7 – AddBike responsibility – Warranty
The sold Products on the Website have complied with the regulation in force in France.
Products provided by AddBike benefit of full right et without complementary payment, independently of the retraction right and of any commercial warranty, complying with legal dispositions.
- In a legal warranty of conformity, for apparent defective and damaged Products or non-corresponding to the order,
- From legal warranty against hidden defects coming from a material default, of conception or manufacture affecting the delivered products and making them unsuitable for any usage.
«Legal warranty of conformity» (consumption Code extract)
L 217-4 Article. « The seller delivers a good which conforms to the contract and answers to the conformity defaults existing during the delivery. It also answers to conformity defaults resulting from the packaging, assembly instructions or installation when this one has been put in his charges by the contract or has been realized under his responsibility. ».
L 217-5 Article « The good conforms to the contract:
1° If it’s proper to the use of a similar good and if applicable:
– if it corresponds to the description given by the seller et if it has got qualities that he presented to the Customer as a sample or as a model ;
– if it corresponds to qualities legitimately expected by a buyer according to public declarations made by the seller, by the producer or by its representative ;
2° Or if it presents features defined by a common agreement by both sides or is proper to every special usage researched by the buyer, held to the acknowledgment of the seller and if that one has accepted.».
L 217-12 Article: « The action resulting from a conformity default prescripts itself by two years counting the good’s delivery».
L 217-16 Article: « When the buyer asks the seller while commercial warranty course that has been granted during good acquirement or repair, a repair covered by the warranty, any immobilization period of about seven days adds itself to de warranty which remains to cover. This period count from the buyer’s intervention request or from the provision for repair of the good in charge, if that provision is posterior to the intervention request ».
«Hidden defects warranty» (Civil code extract)
1641 Article: « The seller is responsible for warranty due to sold item’s hidden defects which make it unsuitable for the expected usage or which reduce its usage so much that the buyer wouldn’t have bought it or he wouldn’t paid the total price amount ».
1648 Article 1st indentation : « The action depending on crippling vices has to be intended by the buyer in a 2 years delay counting from the defect discover».
To assert his rights, the Customer has to write to AddBike about the non-conformity of the Products in a maximum delay of TWO (2) years counted from the Products delivery or about the existence of hidden defects from their discovery.
In case of legal warranty of conformity, the Customer can choose between replacement (subject of availability of the products) or Products’ refund. In case of hidden defects warranty, the Customer can choose between giving back the Product et get a total refund or keep the Product and get a partial refund.
Shipment costs will be refunded on factured price basis et return costs are refunded on supporting documents presentation. Non-conform and defective judged Products refund will be effective in the best delays. The refund will effect by crediting the Customer bank account or by cheque addressed to Customer.
AddBike’s responsibility won’t be engaged in the following cases:
- Country legislation non-respect in which the Products are sent and that the Customer has to verify ;
- Defaults and consequences from a bad installation which don’t respect information notice provided by AddBike, particularly in those indicated in user notices provided and available on the Website ;
- In case of bad use, negligence or maintenance default from the Customer, like in case of natural wear and tear of the Product, accident or force majeure.
The warranty doesn’t concern the bike on which is set the AddBike, because of the installation your bike loses the initial maker warranty.
Article 8 – Computing and liberties
In application of the law 78-17 from January 6th 1978, it is recalled that the nominative data which is asked to the Customer are necessary to the order treatment and bills establishment. The data can be communicated to eventual partners from Seller in charge of the execution, of the treatment, of payment and order managing. AddBike engages itself not to communicate externally, for free or with a counterpart, about its Customers’ information.
Communicated info treatment by the intermediate of the Website has been subject to a declaration alongside the CNIL (French data protection authority).
Article 9 – Intellectual property
The Website content is AddBike’s and his partners’ property and is protected by French and international laws relative to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is susceptible to constitute a counterfeiting offense.
Furthermore, AddBike stays the intellectual property rights’ owner on pictures, presentations, studies, draws, models, prototypes, etc… The Customer forbid himself the studies’ reproducing or exploiting, draws, models, prototypes, etc… without the prior express authorization written by AddBike which can condition a financial counterpart.
Article 10 – Force majeure
Every independent circumstances of both sides’ will impeaching the execution in normal conditions in their obligations are considered as exoneration causes from sides and result in their suspension.
The side who invoke aimed circumstances above has to alert immediately the other side of their occurrence, along with their disappear.
Will be considered as force majeure every facts or irresistible circumstances, external to sides, unpredictables, unavoidables, independents of the sides’ will and couldn’t be impeached by those lasts, despite all efforts reasonably workable. In an express way, are considered as force majeure cases or fortuitous case, besides those usually kept by the jurisprudence of French courts and tribunals: conveyances or purveyances blocking, earthquakes, fires, floods, lightning, telecommunications network stop or difficulties proper to telecommunications network external to customers.
The sides will join together to examine the incidence of the event et convey about conditions in which contract execution will be pursued. If force majeure case has a time duration over to 3 months so the present general conditions will be ended by the injured side.
Article 11 – Partial non-validation
If one or many stipulations of the present general conditions of sale are considered as non-valid or declared as such as in law application, of a regulation or to the following of a definitive decision of qualified jurisdiction, the other stipulations will keep all their strength and their reach.
Article 12 – Non-renunciation
The fact for one of the sides to don’t take advantage of a miss near the other side of one any referred obligations within present general conditions of sale cannot be interpreted for the future as a renunciation to the obligation in cause.
Article 13 – Applicable right
The present Terms and Conditions and the operations which resulting from are governed and are subject to the French law.
The present Terms and Conditions are written in french language.
Article 14 – Litigation
Every litigation which purchases and sales operations concluded in application of the present Terms and Conditions could give rise to, concerning their validity, their interpreting, their executing, their termination, their consequences and their following and that couldn’t be resolved between the seller and the customer will be subject to qualified tribunals in common right conditions.
The Customer is informed that he can, in any case, get a conventional mediation or to every alternative mode of conflict regulation in case of contestation.
Article 15 – Precontractual Info – Customer acceptation
The fact for a physical person, to order on the Website, getting the full and total acceptation and adhesion of the present Terms and Conditions and purchased Products payment obligation, which that is expressly recognized by the Customer, who renounce, notably, to prevail himself of any contradictory document, which may not be opposable to AddBike.
Annex – Retraction form
The present form has to be completed and resent only if the Customer wants to retract of the order made on add-bike.com except for exclusions or limits to the exercise of retraction right following the applicable Terms and Conditions.
The form has to be sent to the attention of:
- email@example.com if you want to retract by electronic mail,
- AddBike, Retour Produits, 61 cours de la République, 69100 VILLEURBANNE if you want to retract by postal mail.
« I notify you by the present my contract retraction holding on the sale of the following one or many goods:
- Name(s) and reference(s) of the article(s):
- Ordered on:
- Received on:
- Order number:
Name of the customer at order initiation:
Customer’s address at order initiation:
Customer signature in case of notification from the present form on paper: