Terms and Conditions
1 – APPLICATION AND ACCEPTANCE OF CONDITIONS
1.1 The order and sale of products through the online store “rezal-bikes.com” are offered to you by William PERHERIN via his micro-enterprise, based at 15 allée Yves Elleouet – 29 000 Quimper – France, registered in the Quimper Trade and Companies Register under number 93754784200016.
The term “Buyer” means any natural person who purchases one or more product(s) via the Seller’s online store “rezal-bikes.com”, as well as any visitor to the online store, and who acts for purposes that are not related to his trade, business, craft or profession.
1.2 These Terms of Sale apply to any purchase made by the Buyer through the Seller's online shop “rezal-bikes.com” or other contracts concluded via the online shop.
1.3 Before concluding the contract, the Buyer has the opportunity to read and expressly accept the content of these general terms and conditions of sale. Placing an order via the Seller's online shop is only possible if the Buyer expressly accepts the content and applicability of these general terms and conditions to the purchase contract to be concluded. For this purpose, the Buyer must tick the appropriate box indicating “Agreement with the general terms and conditions” before completing the order.
1.4 The sale of goods to the Buyer takes place exclusively via the Seller's online shop and exclusively in the countries in which the Seller operates. However, the Seller may only accept an order from a Buyer via the online shop if the delivery address is located in one of these countries and this delivery address is not a PO box.
1.5 If one or more articles of these general terms and conditions are declared null and void by a court decision, the other provisions of these general terms and conditions of sale shall remain in full force and effect. In the event of nullity of one of the provisions, the Seller and the Buyer, to the extent possible and according to their loyalty and conviction, shall negotiate to replace the invalid provision with an equivalent provision consistent with the general spirit of these general terms and conditions of sale.
2 – THE OFFER
2.1 The offer via the Seller's online shop may be changed by the Seller at any time. In any case, all offers made by the Seller are without obligation and are to be regarded only as an invitation to the Buyer to place an order.
2.2 Although the online catalogue and the e-commerce site are compiled with the greatest care, it is possible that the information provided is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer do not bind the Seller. The Seller is only bound by an obligation of means with regard to the accuracy and completeness of the information provided. The Seller is in no way liable for obvious material errors, misprints or printing errors.
2.3 The Seller cannot be held responsible for limited stocks of its products or for a temporary impossibility of delivery. All orders received by the Seller are binding only subject to the availability of the products. If items are unavailable upon receipt of the order, the Seller will inform the Buyer by email and invite him to modify or cancel his order.
3 – CONCLUSION OF THE CONTRACT
3.1 The order validated by the Buyer will only be considered effective when payment of the deposit has reached the Seller.
3.2 A sales contract is only concluded between the Seller and the Buyer after explicit acceptance of the (potential) Buyer's order by the Seller, who will inform the Buyer of this by means of a confirmation message. The Seller reserves the right not to accept the order without being liable for any compensation to the Buyer, but subject to reimbursement of any sums paid.
3.3 Receipt of the confirmation message by the Buyer constitutes the moment of conclusion of the contract.
4 – PRICE
4.1 Product prices are indicated in euros, all taxes included.
4.2 The Seller reserves the right to modify its prices at any time, but the products will however be invoiced on the basis of the rates in force at the time of acceptance of the order.
4.3 The price due is that mentioned in the confirmation message.
5 – PAYMENT
5.1 The price charged to the Buyer is the price indicated on the invoice and the order summary sent by email by the Seller.
5.2 For deliveries outside mainland France, the Buyer agrees to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the country where the order is received. The Seller is therefore released from any liability in the event that the Buyer has not paid these taxes.
5.3 When the order is actually placed, payments can be made via the payment platform of the Seller's online store “rezal-bikes.com”, or by bank transfer to the details provided by the Seller.
5.4 The Seller undertakes to guarantee the security of the user of the online store as best as possible, but cannot under any circumstances be held liable for any damage caused by the use of the online store and in particular for damage caused by third parties who use the website or the payment system abusively.
6- DELIVERY
6.1 The products are sent to the shipping address specified when ordering (home address or other address).
6.2 Products are only shipped after receipt of the balance and full payment of the Buyer's order.
6.3 The Seller undertakes to make every effort to deliver the order, after validation, within 60 days for a complete bicycle, and 30 days for a frame kit. For pre-orders, the delivery time is given in the basket summary and can extend up to 3 months.
6.4 Since the deadlines are given for information purposes only, any delays may not give rise to compensation, price reduction or order cancellation for the Buyer. No deduction from the invoice may be made by the Buyer, whether for a delay problem or for any other reason, except in the event of legal provisions that are automatically applicable.
7 – RIGHT OF WITHDRAWAL
7.1 Individuals have a right of withdrawal of 14 clear days from the date of receipt of the goods (Art. L221-18 of the Consumer Code). The Buyer who wishes to exercise this right must notify the Seller on the Contact interface of the site or by registered letter with acknowledgment of receipt addressed to our head office, providing their contact details and invoice number. If the request meets the conditions set, and if it concerns products received by a carrier, such as a bicycle or a frame kit, the Seller will organize the return of the goods at its own expense and the Customer must return the goods in their original condition and packaging.
If the products are received by mail or express delivery service, the Buyer must return the goods carefully packaged at his own expense by post.
After checking the good condition of the goods received, the refund will be made by credit to the account debited for the purchase.
The right of withdrawal is refused if:
– The Buyer communicates his request after expiry of the 14-day period.
– The product was made according to the customer’s specifications (according to Article L. 221-28 of the Consumer Code).
– The product has been modified.
– The product received is damaged.
– Some spare parts, accessories or instructions are missing.
– It is in a state of wear making it unsuitable for re-marketing as a new product.
7.2 Products customized by the Customer via the online configurator will therefore not be subject to a right of withdrawal. As a result, the Customer cannot demand a refund of the amount of the order, or even the amount of the deposit.
7.3 The Seller reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to a previous order.
8 – TRANSFER OF OWNERSHIP AND RISKS
8.1 The products remain the property of the Seller until the latter has received full and final payment of the price.
8.2 On the other hand, the transfer of risks of loss and deterioration of the products will be carried out upon delivery of the products to the carrier.
9 – RESPONSIBILITY – GUARANTEE
9.1 The Seller cannot be held liable for damages of any nature, whether material, immaterial or physical, which could result from malfunction or improper use of the products sold.
9.2 The warranty is 3 years for the frame exclusively for the first purchaser, and lifetime for the Crash Replacement, transferable to subsequent purchasers in the event of second-hand sale, subject to presentation of the original invoice.
The following damages are excluded from the warranty:
– Caused by shock or fall,
– Due to improper handling or overloading,
– Due to the use of a luggage rack,
– Due to a clear lack of maintenance or the use of unsuitable products for maintenance or cleaning,
– Due to improper use or on unsuitable terrain,
– Due to the use of a rear suspension shock absorber other than that originally supplied with the frame or not having been subject to prior approval by the Seller.
– Occurring following a repair that was not carried out in our workshops,
– Caused by paintwork due to splashes of gravel, acid sweating, prolonged exposure to a humid or saline environment, or to any corrosive materials or liquids
– Thread damage due to failure to comply with tightening torques or unsuitable screws.
The following parts and services are excluded from this warranty:
-All wear parts: screws, bearings, shock absorber, bushings, eyelet, axle, derailleur hanger
– All your parts mounted on the frame, which were not supplied or manufactured by the Seller, whether or not installed by the Seller.
– Custom paintings which will be the responsibility of the buyer in the event of the provision of a new frame.
Peripherals mounted on the bikes will be covered by the manufacturer's warranty.
The Seller's warranty obligations are expressly limited to the replacement or repair of the defective part or portion of the frame (in its entirety). No compensation may be claimed in the event of immobilization.
9.3 In the event that the Seller is unable to fulfill any of its obligations to the Buyer due to force majeure, this obligation is then suspended during the force majeure situation.
Force majeure events include all external circumstances beyond the will and control of the Seller and making the fulfilment of its obligations totally or partially impossible. These events include, among others, strikes, pandemics, fires, political disturbances, energy sources, telecommunications networks or communication systems and / or temporary unavailability of the online store, late delivery or non-delivery by suppliers or other third parties.
10 – INTELLECTUAL PROPERTY
All documents delivered or transmitted to the Buyer, as well as the contents of the site (texts, logos, photos, etc.) are the exclusive property of William PERHERIN, its suppliers mentioned and the entities having granted a right of use to the Seller. The contents are protected by French and international copyright and intellectual property laws. Thus, any reproduction, in whole or in part, is strictly prohibited without the written authorization of William PERHERIN.
11 – LEGAL INFORMATION
The provision of personal information collected for the purposes of distance selling is mandatory, as this information is essential for processing and delivering orders, drawing up invoices and warranty contracts. Failure to provide information will result in the order not being validated. In accordance with the law of 6 January 1978, the customer has the right to access, modify, rectify and delete data concerning them, which they may exercise with William PERHERIN. In addition, William PERHERIN undertakes not to communicate, free of charge or for consideration, the contact details of its customers to a third party, unless the customer agrees.
12 – DISPUTES AND APPLICABLE LAW
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law. In the event of difficulties in the application of these general terms and conditions of sale, the Buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of: a professional association in the sector, a consumer association or any other advisor of his choice. It is recalled that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule, and subject to the assessment of the Courts, compliance with the provisions of these general terms and conditions of sale relating to the contractual guarantee assumes that the Buyer honors his financial commitments to the Seller. In the event of a dispute, the Buyer will contact the Seller as a priority to obtain an amicable solution. Within the limits permitted by French law, in the event of a dispute, exclusive jurisdiction is granted to the Commercial Court of QUIMPER, regardless of the place of delivery and the method of payment accepted.