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 with share capital of TWENTY-FIVE THOUSAND ONE HUNDRED NINE Euros (€ 25 139), belonging to RCS from Lyon under the number 810 401 976, whose 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 some 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. To select and purchase a product is the Customer’s only responsibility. The pictures and graphics presented on the Website are not contractual and do not constitute a ground for liability on the part of AddBike. Products offers are accessible in the limit of the available stock, as detailed when the order is being placed.
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 finalizing the online ordering procedure.
These Terms and conditions may be subject to modifications. Therefore, the Terms and conditions in force are the ones in effect on the Website at the time the order is being placed.
Article 2 – Orders
It is up to the Customer to select on the Website the Products they wish to order, according to the following methods:
- The Customer fills in their cart with Products.
- The Customer verifies their order and can modify it,
- The Customer can sign in and create a user account, without this being compulsory.
- The Customer fills their delivery address in,
- The Customer chooses their payment method, validates the following Terms and conditions, and then verifies and validates their order,
- The Customer proceeds to payment via the secured platform Mercanet,
- The Customer receives a confirmation email for their recent order.
The contractual information is 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 the receipt of the Customer’s order, AddBike verifies the availability of the ordered Product(s). In case of the unavailability of an ordered product, the Customer shall be informed by email from AddBike. The cancellation of the order of this product and its potential refund shall be carried out, the rest of the order remains binding and irrevocable.
The purchase shall only be considered irrevocable after AddBike has send confirmation of the order to the Customer via email.
The confirmation email sent by AddBike establishes the sales contract between the Customer and AddBike.
AddBike reserves the right to cancel or refuse any Customer’s order with whom a litigation could exist relating to a previous order.
Article 3 – Prices and shipping cost
Products are provided with the prices currently in force on the website, at the time of registration of the order by AddBike. Prices are expressed in euros, all taxes included, current VAT at the day of the order.
Prices on the website may be subject to potential discounts granted by AddBike.
These prices are firm and not subject to modifications during their validity period as stated on the Website. AddBike keeps the right to modify prices at all times when this validity period is out. They do not constitute treatment costs, shipping and delivery costs, which shall be billed as a supplement according to the terms indicated on the Website and calculated before placement of the order.
The payment asked to the Customer corresponds to the total amount of the purchase including these fees.
An invoice is established by AddBike and sent to the Customer by email at the time of dispatch of the ordered Products.
Article 4 – Payment terms
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 times are mentioned for each product. Delivery time is confirmed by AddBike after the order has been placed.
When the Customer is ordering several products at the same and with different delivery times, the order’s time of delivery is based on the longest one.
Failure to comply with these contractual time limits, the Customer may rescind the contract by a registered letter with a receipt notice, after having enjoined AddBike to complete the delivery or to provide the service in a reasonable additional period. In that case, when the contract is cancelled, AddBike shall refund the Customer of the total amount of money paid within14 days after the date of the contract cancellation.
The delivery is constituted by the transfer to the Customer of the material possession or control of the Product.
The products ordered by the Customer will be delivered in some European Union countries (according to AddBike’s chosen list), to the delivery address provided by the Customer at the time of the order on the Website. The Customer has the possibility to choose to have their order delivered at an address different from the billing address, by indicating the two addresses at the time of the order.
The Customer shall be informed of the dispatch of his order via email. AddBike’s chosen delivery service shall have access to the Customer’s information in order to organize the shipment under the best conditions. In case of the Customer’s absence at the selected date, costs associated to the second delivery shall be charged to the customer.
It is necessary for the customer to control in front of the delivery agent the status of the parcel and to transmit eventual comments on the delivery slip. These remarks must be clear and precise and must provide information on the parcel content’s status and not the packaging. In the absence of reservations, the product is deemed accepted by the Customer and shall not be the object of contestation about its delivery. The Customer must, after expression of reservations, notify AddBike via electronic mail (firstname.lastname@example.org) within 24h or 48h in order for AddBike to take in charge file processing 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, the Customer disposes of a FOURTEEN (14) days period from the product reception day to exercise his right of withdrawal upon AddBike, without having to justify the reasons nor to pay a 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’s withdrawal decision at the following address: AddBike, Retour Produits, 61 cours de la République, 69100 VILLEURBANNE – FRANCE
Returns shall be made in their original state and complete (parcel, accessories, manuals…) allowing to perform product reconditioning, and accompanied by the purchase bill.
Damaged, dirty or incomplete products shall not be accepted.
The right of withdrawal can be exercised thanks to the withdrawal form to be found in the Appendix of the present Terms and Conditions. Going forward, a receipt note on a durable medium shall be immediately communicated to the Customer from AddBike, or any other declaration, without any ambiguity, expressing the will to withdraw. The withdrawal form shall be sent :
- By postal service : AddBike, Retour Produits, 61 cours de la République – 69100 VILLEURBANNE.
- Or by e-mail at : email@example.com
In the case of the exercise of the right of withdrawal abovementioned, only the price of one or several purchased Products and the delivery costs, corresponding to the totality of paid amount, shall be refunded. Returning shipment costs shall be in charge of the Customer and cannot be refunded under no circumstances.
The exchange (subject to availability) or the refund shall be executed to the credit the Customer’s bank account, in a 14 days period at the most from the reception of the order, by AddBike, of the returned Products by the Customer in the intended terms by the present article.
Article 7 – AddBike’s responsibility
The sold Products on the Website comply with the regulation in force in France.
Products provided by AddBike benefit of full right and without additional payment, independently of the right of withdrawal and of any commercial warranty, in accordance with legal provisions:
- Of legal warranty of conformity, for apparent defective and damaged Products or non-corresponding to the order,
- Of legal warranty against hidden defects coming from a material default, of design 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 packing, 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 and if it has got qualities that they 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 utilization sought by the buyer, held to the acknowledgment of the seller and if they have accepted.».
L 217-12 Article: « The action resulting from a conformity issue reported before two years counting the good’s delivery».
L 217-16 Article: « When the buyer asks the seller, during the commercial warranty period that has been granted during the purchase or repair, for a repair covered by the warranty, any immobilization period of about seven days adds itself to the warranty which remains to cover. This period counts from the buyer’s request for intervention 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 the warranty associated to the sold item’s hidden defects that make the product unsuitable for the expected utilization or that reduce its utilization to a point where the buyer wouldn’t have bought it or they wouldn’t have paid the total price amount for it».
1648 Article 1st indentation : « The intervention associated to hidden defects has to be reported by the buyer prior to a 2 years period starting from the discovery of the defect ».
To assert their rights, the Customer must inform AddBike, in writing, about the non-compliance of the Products in a maximum TWO (2) years period from delivery of the Products or discovery of hidden defects.
In the legal warranty of conformity framework, the Customer has the possibility to choose between replacement (subject to availability) or refund of the product. In case of hidden defects warranty, the Customer has the possibility to choose between giving back the Product subsequently getting a total refund or keeping the Product subsequently getting a partial refund.
Shipping fees shall be refunded on basis of invoiced price and return costs shall be refunded based on supporting documents presentation. Non-compliant and defective Products refund shall be effective at the earliest opportunity. The refund shall be performed by credit on the Customer’s bank account or by cheque addressed to Customer.
AddBike’s responsibility shall not be engaged in the following cases:
- Non-compliance with the country’s legislation in which the Products are delivered, legislation the Customer must verify.
- Defaults and consequences resulting from an erroneous installation which does not comply with information provided by AddBike, notably those indicated in the User’s Manual provided along with the product and available on the Website.
- In case of misuse, negligence or maintenance default from the Customer, as well as in case of natural wear and tear of the Product, accident or force majeure.
The warranty does not concern the bike on which the AddBike is installed. Following the installation of the AddBike, the warranty of the receiving bike is invalidated.
Article 8 – Computing and liberties
In application of the law 78-17 from January 6th 1978, it is recalled that the nominative data asked to the Customer is necessary to the processing of the order and producing invoices. The data can be communicated to eventual partners from the Seller in charge of the monitoring, of the processing, the management and payment of orders. AddBike shall not communicate the Customer’s information to any third party, for free or with a counterpart.
The processing of communicated data through 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 likely to constitute a counterfeiting offense.
Furthermore, AddBike remains 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 written express authorization by AddBike which can condition a financial counterpart.
Article 10 – Force majeure
Every circumstance independent from both parties’ will preventing the fulfillment in normal conditions of their obligations are considered as exoneration causes from parties and result in their suspension.
The party who invoke aimed circumstances above must alert immediately the other party of their occurrence, along with their disappearance.
Shall be considered as force majeure every fact or irresistible circumstance, external to parties, unpredictable, unavoidable, independent of the parties’ will and shall not be prevented by them, 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 parties shall join together to examine the incidence of the event and agree on conditions in which contract execution will be pursued. If force majeure case has a time duration over 3 months the present general conditions shall therefore be ended by the injured party.
Article 11 – Partial non-validation
If one or many stipulations of the present general conditions of sale are considered as invalid or declared as such in the application of law, of a regulation or following a definitive decision of qualified jurisdiction, the other stipulations shall keep all their power and reach.
Article 12 – Non-waiver
The fact for one of the parties to not take advantage of a failure from the other party of 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 law
The present Terms and Conditions and the operations resulting from them are governed and are subject to French law.
The present Terms and Conditions were written in the French language and translated to English.
Article 14 – Litigation
Every purchase and sales operations concluded in application of the present Terms and Conditions that could give rise to litigations, concerning their validity, interpretation, performance, termination, consequences and continuation that could not have been resolved between the Seller and the Customer will be subject to qualified tribunals in common right conditions.
The Customer is informed that they have the possibility, in any case, to get a conventional mediation or every alternative mode of dispute resolution in case of contestation.
Article 15 – Precontractual Info – Customer acceptation
The fact for a physical person, to order on the Website, entails full to the present Terms and Conditions and to the payment of ordered Products, expressly recognized by the Customer, who renounces, notably, to avail themselves of any contradictory document, which would be unenforceable to AddBike.
Appendix – Withdrawal form
The present form must be completed and returned only if the Customer wishes to withdraw the order made on add-bike.com except in the framework of exclusions or extent to the exercise of the right of withdrawal following the applicable Terms and Conditions.
The Customer shall return the form to :
- firstname.lastname@example.org if they want to withdraw the order by electronic mail,
- AddBike, Retour Produits, 61 cours de la République, 69100 VILLEURBANNE – FRANCE if they want to withdraw the order by postal mail.
“I hereby give notice that I withdraw from my contract of sale of the following goods:
- Name(s) and reference(s) of the article(s):
- Ordered on :
- Received on :
- Order number :
Name of the Customer who generated the order :
Address of the Customer who generated the order :
Customer’s signature in case of notification of the present form on paper :