GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE WEBSITE WWW.REVEDEVELO.COM
No. 2022-08-24
PREAMBLE
Bike Shop is a limited liability company with a share capital of €10,000, whose registered office is located at 427 rue Hélène Boucher, 34130 Mauguio, registered with the Montpellier Trade and Companies Register under number B 814 363 008, VAT number FR88814363008, telephone number: +33 4 67 27 87 72. Bike Shop specializes in the physical and online sale of cycling equipment via its website www.revedevelo.com (hereinafter the "Site").
These General Terms and Conditions of Sale and Use apply exclusively to the website www.revedevelo.com and to products sold on www.revedevelo.com, excluding Click and Collect.
ARTICLE 1 – SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter referred to as the "Terms and Conditions") apply, without restriction or reservation, to all products offered for sale on the Website. Placing an order on the Website by any individual or legal entity (hereinafter referred to as the "Customer") implies full and unreserved acceptance of these Terms and Conditions. These Terms and Conditions will remain in effect until a new version is published online. Therefore, before validating any order, the Customer must consult and accept these Terms and Conditions. Bike Shop reserves the right to adapt or modify these Terms and Conditions at any time. In the event of modification, the Terms and Conditions in effect at the time the order is registered will apply to each order.
ARTICLE 2 – CUSTOMER ACCOUNT
Opening a Customer account and using the Site are free (excluding any connection costs, the price of which depends on the electronic communications provider), with no obligation to purchase. Only the purchase of products results in payment by the Customer. Access to the Site by Customers is reserved for strictly personal use. When using the Site, the Customer declares that they are acting in a private capacity. In addition to accepting the Terms and Conditions, purchasing on the Site is subject to opening a Customer account. To do so, the Customer must provide the data necessary for their identification. When opening this account and for each order, the Customer agrees to provide only accurate and complete information that corresponds to their identity. The Customer must keep this information up to date and will be solely responsible for any errors in the order or delivery due to incorrect information. To purchase on the Site, the Customer must use the username and confidential password created when opening their account. The Customer agrees to keep their login details secret and not to disclose them to any third party. The Customer will be solely responsible for access to their account using their username and password, unless they can prove fraudulent use that is not attributable to them. In the event of loss, theft, or fraudulent use of their username and/or password, the Customer agrees to immediately notify Bike Shop customer service using the following contact form: https://www.revedevelo.com/en/contact-us
ARTICLE 3 – INTELLECTUAL PROPERTY
The Site, its content and all its constituent elements are creations for which Bike Shop holds all intellectual property rights and/or exploitation rights, in particular under copyright law, copyright law, and other applicable laws. chain stays data protection, trademark law, and design law. The Site, as well as the software, chain stays All data, text, information, analyses, images, photographs, graphics, logos, sounds, and any other data present on the Site remain the exclusive property of Bike Shop or, where applicable, their respective owners with whom Bike Shop has entered into usage agreements. The Customer has the right to view the data and information on the Site online and may, for strictly private use, print or save them for a purchase or a planned purchase. Any other use of the Site, particularly commercial use, by the Customer is prohibited. The Customer is specifically prohibited from reproducing and/or displaying for any use other than private, selling, distributing, broadcasting, translating, adapting, disseminating, or communicating in any form whatsoever, any element, information, or data from the Site. Furthermore, the Customer is prohibited from introducing, by any means whatsoever, data that could modify or damage the content or presentation of the Site. Any hyperlink to the Site must be expressly authorized in advance by Bike Shop. Furthermore, any hyperlink, even if expressly authorized by Bike Shop, must be removed upon Bike Shop's first request.
ARTICLE 4 – RATES
For Bike Shop product deliveries made exclusively within metropolitan France, the prices shown on the Site are expressed by default in Euros and include all taxes. These prices are broken down as follows. Product prices: These prices may be changed at any time by Bike Shop. However, in the event of a change, the applicable selling price will be the one in effect at the time the order is placed. Prices shown on the Site do not include delivery charges, unless otherwise stated. Discount coupons: Vouchers, discounts, promotional codes, loyalty vouchers issued by Bike Shop cannot be combined and are usable for Bike Shop products. Delivery costs: Delivery charges depend on the products and the delivery method chosen by the Customer from those offered by Bike Shop. These charges are displayed when the Customer selects their delivery method. Further information is available at any time in the "Deliveries" section of the Website. The amount (product price and delivery charges) indicated in the order confirmation from Bike Shop is the total price payable by the Customer.
ARTICLE 5 – ORDERS
Any order validated by the Customer constitutes irrevocable acceptance of the sales contract, which can only be challenged within the limits stipulated in the General Terms and Conditions of Sale. The two-step order placement procedure (via "double click"), combined with the authentication procedure and the protection of message integrity, constitutes validation of the sales contract. Bike Shop will acknowledge receipt of the order to the Customer by sending an order confirmation email. The Customer can view order information in the "My Orders" section of their customer account. Bike Shop reserves the right to cancel any order from a Customer with whom there is an existing dispute. The information provided by the Customer when placing the order is binding upon them: in the event of an error in this information, particularly the recipient's email address and contact details, Bike Shop cannot be held responsible for the inability to deliver the product. Any delivery made to the address indicated by the Customer will be considered complete. In the event of reshipment due to a lack of information and/or an error on the part of the Customer, the costs incurred by this reshipment will be charged to the Customer. If a Bike Shop product is unavailable, the Customer will be notified by email and the order for that specific product will be automatically canceled. The remainder of the order remains valid and final.
Despite our best efforts to keep the website up to date, pricing errors may occasionally occur. If an order is placed with a price resulting from a clear error (a ridiculously low price or one that is obviously incorrect compared to the product's actual value), the seller reserves the right to cancel the order. In this case, the customer will be informed as soon as possible and will receive a full refund.
The sale will only be considered final after confirmation of the order by the seller and receipt of payment.
If payment for this product has already been debited from the customer's account, a refund will be issued. Otherwise, the price of the unavailable and/or incorrect product will not be charged.
ARTICLE 6 – PAYMENT OF THE PRICE
6.1 – Payment terms
Payment is made online by the Customer at the time of ordering. For all products, payment can be made:
- by online bank card (Carte Bleue, VISA, Mastercard, American Express),
- in several installments, through the Alma reserve system,
- either by credit card over the phone, or by bank transfer,
- by check.
For each order, payment will be collected separately by Bike Shop: upon order confirmation, the price of the Bike Shop products ordered and the Bike Shop delivery charges. The order validated by the Customer will only be considered effective once payment has been received by Bike Shop. Should Bike Shop be held liable for damages related to an error in the amounts debited, Bike Shop may be exonerated from all or part of its liability by providing proof that the error is attributable either to the consumer, to an unforeseeable and insurmountable event caused by a third party, or to a case of force majeure. In accordance with Article L. 441-6 of the French Commercial Code, a €40 fee is due if payment is not received by the day following the payment date indicated on the invoice, as well as late payment penalties equivalent to three times the legal interest rate.
6.2 – Payment Security
Payments made on the Site are completely secure. The bank details (bank card number and expiry date) provided by the Customer are never shared with third parties. Thanks to the technical features of the encryption software used on the Site, the Customer's bank details cannot be intercepted by third parties. By providing their bank details, the Customer agrees in advance and unconditionally that Bike Shop may proceed with the secure transaction. The Customer therefore authorizes their bank in advance to debit their account upon presentation of the statements transmitted by Bike Shop, even in the absence of invoices signed by the cardholder. The authorization to debit the Customer's account is always given for the amount of the products purchased as invoiced by Bike Shop.
6.3 – Anti-Fraud Controls
Bike Shop verifies certain orders and may request any necessary documents from the customer to release their order.
ARTICLE 7 – DELIVERY
Article 7.1: Delivery times and methods
After order confirmation, the ordered Products will be handed over by Bike Shop to the carrier chosen by the Customer, subject to availability, and unless otherwise specified to the Customer when placing the order, within a maximum of seventy-two (72) business hours. The Customer is notified by email each time the Products are handed over to the carrier. For Bike Shop products, delivery tracking is available in the Customer's account. If the Customer specifically requires delivery to several locations, they must place separate orders, with the respective delivery charges for each order being billed. For deliveries within mainland France, the carrier undertakes to deliver the order to the address provided by the Customer, within a timeframe of between twenty-four (24) and seventy-two (72) business hours via Colissimo (Monday to Saturday) and between seventy-two (72) and one hundred and twenty (120) business hours via France Express (Monday to Saturday). All deliveries are made between 8:00 a.m. and 6:00 p.m. to the address provided by the Customer. If the Customer is absent, they will normally be notified by mail, email, or SMS, depending on the chosen carrier. If delivery is delayed beyond the timeframe agreed upon when the contract was concluded, the Customer must contact Bike Shop Customer Service through their customer account, by email, or by letter to request delivery within a reasonable additional timeframe. If delivery is still not made after this additional timeframe, the Customer may request cancellation of their order from Bike Shop Customer Service through their customer account, by email, or by letter. The order will be considered canceled upon receipt of this request. In this case, the Customer will be refunded the full amount paid within 14 days. Bike Shop is responsible for delivery and delivery times only for Bike Shop products.
Article 7.2: Reception
Upon delivery, the customer is required to sign the delivery note. This delivery note serves as proof of order receipt. Delivery is made to the storefront for street-level businesses or to the ground floor for apartment buildings, offices, houses (detached homes), or other establishments. It is the responsibility of the person physically receiving the order to note on the delivery slip, in a detailed and specific manner, any reservations they deem relevant. In the event of visible defects, the customer has the right to return the goods under the conditions stipulated below. In the event of any anomaly, the customer must inform Bike Shop's Customer Service as soon as possible by any means. The customer retains their right to request the application of legal guarantees.
Article 7.3: Returns and exchanges for non-conformity or defective products
The Customer benefits from the legal guarantees of conformity and against hidden defects, in accordance with applicable legal provisions as outlined in the "Responsibilities – Guarantees" section. Should the Customer refuse delivery due to an error in the delivery contents, non-conformity, or defectiveness of the ordered products, they must immediately contact Bike Shop's Customer Service via the "Returns and Exchanges" section of the Website to determine the applicable return procedure and return address. The Customer is advised that the "Relay Point" delivery points are solely for the purpose of allowing the Customer to collect goods ordered. Indeed, "Relay Points" are not authorized to accept returned goods without the express agreement of Bike Shop. Therefore, the Customer may never go to a "Relay Point" to return their delivery unless they have received prior written authorization by email from Bike Shop, following the indicated return procedure. If the Customer fails to follow the return procedure and goes to a "Relay Point" without prior agreement, the "Relay Point" will be entitled to refuse to accept the products. All items must be returned with their accessories and instructions, and, where possible, in their original packaging. The Customer has the legal timeframe to request a credit note or a full or partial refund, in accordance with the provisions of Article L.217-10 of the French Consumer Code. The consumer has two years from the date of delivery of the goods to take action. The consumer may choose between repair and replacement of the goods. As specified in Article L217-9 of the French Consumer Code, the seller may, however, choose a different option than the one chosen by the buyer if this choice results in a clearly disproportionate cost compared to the other option. The consumer is not required to provide proof of the existence of the lack of conformity of the goods during the six months following delivery. From March 18, 2016, this period will be extended to 24 months. The legal guarantee of conformity applies independently of any commercial guarantee that may have been purchased. The consumer may choose to invoke the guarantee against hidden defects in the item sold. In this case, they may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
ARTICLE 8 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK
Ownership of the products will only transfer to the Customer upon delivery of said products.
ARTICLE 9 – RIGHT OF WITHDRAWAL
9.1 In accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen days from the date of receipt of the order to exercise their right of withdrawal, without having to justify their decision or incur any costs other than those provided for in Articles L. 221-23 to L. 221-25. 9.2 The right of withdrawal must be exercised with Bike Shop. To ensure proper processing of their request, the Customer is advised to keep Bike Shop informed within the specified timeframe and to follow the return procedure detailed in the "Returns and Exchanges" section of the Website. 9.3 The product must be returned by mail, preferably with signature confirmation, to the address indicated in the withdrawal form attached to the General Terms and Conditions of Sale for Bike Shop products. The Customer must send the returned product to this address within fourteen (14) days of sending their withdrawal notice. The return shipping costs will be borne exclusively by the Customer. Bike Shop is not responsible for lost returns. 9.4 The product must be returned in perfect condition for resale, without any signs of use, with its original accessories, instructions, and packaging. The conformity of this return will be checked and validated upon receipt. 9.5 Bike Shop will refund the sums paid by the Customer, free of charge, with the exception of return shipping costs. If all Bike Shop products are returned, the refund amount will include the price of the products concerned and the initial delivery costs from Bike Shop. If only part of an order is returned, the refund amount will include only the price of the products concerned, excluding the initial delivery costs. The refund is due within a maximum of fourteen (14) days. However, the refund may be delayed until the goods are received by the relevant Bike Shop, or until proof of shipment of the returned product is received. 9.6 If the Customer exercises their right of withdrawal, and the price of the order subject to withdrawal is wholly or partially covered by credit granted to the Customer, the credit agreement is terminated without penalty.
ARTICLE 10 – LIABILITY – WARRANTY
10.1 Bike Shop assumes responsibility to the Customer for the products it sells, in accordance with applicable regulations. 10.2 Bike Shop cannot be held liable for minor variations that may have occurred despite all precautions taken in the product descriptions. 10.3 In the event of non-conformity, the Customer may choose between repair and replacement of the product. As specified in Article L217-9 of the French Consumer Code, the seller may, however, choose a different option than the one chosen by the buyer if this choice entails a cost that is clearly disproportionate to the other option. If both repair and replacement of the product are impossible, the Customer may return the goods and receive a full refund, or keep the product and receive a partial refund, in accordance with Article L.217-10 of the French Consumer Code. The legal guarantee of conformity applies independently of any commercial guarantee offered by the seller or manufacturer. The consumer has two years from the date of delivery of the goods to take action in the event of non-conformity. 10.4 In the event of hidden defects, the seller is liable for defects that render the product unfit for its intended use, or that so diminish its usability that the customer would not have purchased it, or would have paid a lower price, had they been aware of them. In this case, the customer has the option of returning the product and receiving a full refund, or keeping the product and receiving a partial refund. The customer has two years from the discovery of the defect to take action. 10.5 Bike Shop cannot be held liable for non-compliance with the regulatory and legislative provisions in force in a country of receipt other than France. The customer is solely responsible for the choice of products, their storage, and their use. 10.6 Unless the producer is unidentifiable, Bike Shop cannot be held liable for damages of any kind, whether material, immaterial, or bodily, that may result from the malfunction or misuse of the products sold. The same applies to any modifications to the products made by the manufacturers. 10.7 In addition to the legal guarantee of conformity and the legal guarantee against hidden defects, some products benefit from an additional commercial warranty offered by the manufacturer. The terms and conditions of these commercial warranties are available on the Website and the product page. This commercial warranty generally does not cover equipment used in the frame from competition or rental, damage related to wear and tear, misuse, absence or defect ofmaintenance, or any modifications made to the product after delivery. This commercial warranty also does not cover:
- the replacement of so-called consumable products,
- the improper, irregular and abnormal use of the products,
- the defects or specific characteristics of a product that are mentioned in the product descriptions,
- defects and their consequences related to the improper use of the product for its intended purpose.
In the frame Under this specific commercial warranty, all return shipping costs for defective parts are generally the responsibility of the customer. Any incomplete or partial return will not be covered under warranty. Any evidence of modifications or alterations will be considered.assembly will void the warranty. 10.8 For any questions regarding product warranties, the Customer may, before placing an order, contact Customer Service via the contact section of the Website.
ARTICLE 11 – CONFIDENTIALITY – PROTECTION OF PERSONAL DATA
These Terms and Conditions are subject to the provisions of European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as those of French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, and any other applicable regulations that may subsequently supplement or replace them. The personal information and data concerning the Customer are necessary for the management of their orders and the business relationship between Bike Shop and the Customer. This data includes, for example: Name, Address, Telephone number, Email address, Bank card information, and IP address. Without such information, Bike Shop will be unable to provide its service. This information may be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders, for their management, execution, processing, and payment. This data processing is managed via the GDPR module of the Prestashop CMS. This information and data are stored for security purposes and to comply with legal and regulatory obligations. Bike Shop may use them to send promotional offers to the Customer, for statistical and fraud prevention purposes, for its legitimate interest in business development, technical improvement of its systems and understanding its Customers, and, finally, where applicable with the Customer's consent, to personalize services, particularly through advertising. Depending on the choices made when creating or accessing their account, the Customer may therefore receive offers from Bike Shop. The Customer can unsubscribe from Bike Shop newsletters at any time by clicking on the link in any email or by visiting this address: https://www.revedevelo.com/newsletter/desinscription. The Customer also has the option to register on the national opt-out list for telemarketing calls. Information regarding this system is available on the website http://www.bloctel.gouv.fr/. The Customer can also view and modify their personal data in their customer account. The Customer has the right to access, modify, object to, transfer, limit, and delete their personal information, as well as to define instructions regarding the fate of their personal data in the event of death. These requests should be sent by regular mail to Bike Shop, along with proof of identity: BIKE SHOP – Customer Service, 427 Rue Hélène Boucher, 34130 Mauguio, France. Alternatively, they can use our contact form. Finally, the Customer has the right to lodge a complaint with a supervisory authority.
ARTICLE 12 – COMPANY DETAILS
BIKE SHOP 427 rue Hélène Boucher 34130 Mauguio
ARTICLE 13 – DISPUTES AND APPLICABLE LAW – COMPLAINT HANDLING – MEDIATION
All purchases made through the Site are subject to French law. Any complaint can be made via the contact forms available in the "Contact Us" tab, and the Customer will receive a response as soon as possible. In the event of difficulties in the application of the Terms and Conditions, the Customer has the option, before any mediation or legal action, to seek an amicable solution, in particular with the assistance of a professional association in the sector, a consumer association, the European online dispute resolution service (https://ec.europa.eu/consumers/odr), or any other advisor of their choice. If no amicable solution can be reached, the Customer may contact the CM2C Mediator (Consumer Mediation Center of Justice Conciliators) free of charge. It is noted that, as a general rule, and subject to the discretion of the Courts, compliance with the provisions of the Terms and Conditions relating to the contractual guarantee requires that the Customer fulfill their financial obligations to Bike Shop. Any dispute that cannot be resolved amicably will be subject to the jurisdiction of the courts of the place where the Client resided at the time the contract was concluded or at the time the harmful event occurred.
ARTICLE 14 – MENTIONS 2-3-4 TIMES WITH ALMA
Pay in installments with Alma Payment in installments/deferred payment is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount
- P2X: Only purchases between €80 and €5,000 are eligible for payment with Alma.
- P3X: Only purchases between €300 and €5,000 are eligible for payment with Alma.
- P4X: Only purchases between €800 and €5,000 are eligible for payment with Alma.
Costs By paying in installments with Alma, the Customer does not pay any fees.
Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.
Cancellation Any termination of the General Terms and Conditions of Sale which bind the Seller and the customer, entails the termination of the General Terms and Conditions of Use between Alma and the customer.
APPENDIX – STANDARD WITHDRAWAL FORM FOR BIKE SHOP PRODUCTS
WITHDRAWAL FORM
To: Bike Shop Returns Department, 427 Rue Hélène Boucher, 34130 Mauguio, France. I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods (*)/for the provision of the following services (*): Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: (*) Delete as appropriate. Send this request by any means to the above address.
INFORMATION REGARDING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days after 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 of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). You can also fill in and submit the model withdrawal form or any other unequivocal statement on our website www.revedevelo.com. If you use this option, we will send you an acknowledgement of receipt of the withdrawal without delay on a durable medium (e.g., by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of retraction If you withdraw from this contract, we will reimburse all payments received from you, including delivery charges (except for any supplementary costs arising if you chose a delivery method other than our least expensive standard delivery option), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This deadline is met if you send back the goods before the fourteen-day period has expired. You will have to bear the direct cost of returning the goods.
