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applicable from 1er July 2021.
Article 1. Parties
This reimbursement policy is applicable between The Cyclist House, hereinafter "the publisher" and any person, physical or moral, private law or public law, written on the site to buy a product, hereinafter "the customer".
Article 2. Definitions
« Customer"Any person, physical or moral, private law or public law, listed on the site.
« Content of the site » : Elements of any kind published on the site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Editor » : The Cyclist House, taken as publisher of the site.
« Internet"Any person, physical or moral, private law or public law, connecting to the site.
« Product": Good of any kind sold on the site by the publisher to customers.
« Site»: Website accessible to the URL www.thecyclisthouse.com, as well as subsites, mirror sites, portals and variations of URLs.
Article 3. Scope
The site is free and free access to any user. Navigation on the site implies acceptance by any user of these Terms and Conditions. Simply connecting to the site, by any means whatsoever, in particular through a robot or browser, will carry full acceptance of these terms and conditions. When registering on the site, this acceptance will be confirmed by checking the corresponding box.
The user recognizes the same fact to have fully acquainted and accept them without restriction.
Check the above box will be deemed to have the same value as a handwritten signature on the part of the user. The user recognizes the evidence value of the Editor's automatic registration systems and, except for him to prove contrary, he renounces challenges in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the user.
The acceptance of these Terms and Conditions supposes on the part of Internet users that they enjoy the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable , from their legal representative if they are minor, or that they hold a warrant if they act on behalf of a legal person.
Article 4. Purpose of the site
The purpose of the site is to sell products to customers.
Article 5. Stages of the order
In order to order, Internet users will be able to select one or more products and add them to the basket. The availability of products is indicated on the site, in the descriptive sheet of each article. When their order will be complete, they will be able to access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the user
By consulting their basket, Internet users will have the opportunity to check the number and the nature of the products they have chosen and will be able to check their unit price, as well as their overall price. They will have the opportunity to remove one or more products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they may either seize their login credentials if they already have either or register on the site by completing the registration form by means of the personal information concerning them.
5.3. Payment by the customer
Since they will be connected or after they have perfectly completed the registration form, customers will be invited to control or modify their delivery and billing coordinates, and then will be invited to make their payment by being redirected for this purpose. On the secure payment interface comprising the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Editor
Once the payment is actually received by the Publisher, the Editor is committed to acknowledging the client electronically, within 24 hours. Within the same period, the Editor undertakes to send to the Customer a summary email summary of the order and confirming the treatment, taking all the information relating there.
Article 6. Price - Payment
The applicable prices are those displayed on the site on the day of the order. These prices can be modified at any time by the Editor. The prices displayed are only valid at the day of the order and do not affect the future.
The prices shown on the site are heard in euros, all taxes included, excluding delivery charges.
6.2. Payment method
The client can make a by-law by Visa, Visa Electron, Mastercard, Maestro, American Express and Paypal.
As part of credit card payments, the Publisher has access to any data relating to the customer's means of payment. The payment is made directly in the hands of the banking institution.
In case of payment by mandate, check or bank transfer, the delivery times are only starting from the date of the payment of the payment by the Publisher.
The Editor will send or make the client's disposal an invoice electronically after each payment. The customer expressly agrees to receive invoices electronically.
6.4. Failure to pay
The agreed payment dates can not be delayed from any pretext, including in the event of a dispute.
Any amount not paid at maturity will result in the right and without notice, to the application of delay penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this Penalty nulls at the cost of sums due in principal.
In addition, any late payment will result in the billing to the defaulting client of recovery fees in the amount of 40 euros, the immediate due amount of all the remaining amounts of the agreed time, increased by a compensation of 20% of the amount as a criminal clause, as well as the possibility of terminating the contract unilaterally in the harm of the customer. This clause is part of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge considers that it is excessive.
The products sold remain the property of the Publisher until complete payment of their price, in accordance with this property retention clause.
Article 7. Reclamation - retractation - guarantee
7.1. Customer service
The site customer service is accessible from Monday to Saturday from 9:00 to 18:00 at the non-surcharge phone number: 09 77 19 59 38 and by e-mail 24 hours a day, 7 days a week at: firstname.lastname@example.org. In the latter case, the publisher undertakes to provide a response under a working day.
7.2. Right of withdrawal - Remote sales
This section 7.2 is applicable to the customer with consumer status within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions of exercise of the right of withdrawal
In accordance with the current remote sales legislation, the Customer has a period of fourteen days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, if applicable , a return fee.
The time referred to in the preceding paragraph runs to be the day the distance contract is concluded for contracts relating to the provision of a service delivery and / or the provision of numerical content not provided on a support. Material, or receipt of the property by the customer or a third party, other than the carrier, designated by him, for the sales contracts and the service delivery contracts including the delivery of goods.
In the case of an order relating to several goods delivered separately or in the case of a command of a property composed of lots or multiple parts whose delivery is staggered over a defined period, the time runs from receipt last good or lot or the last piece. For contracts providing for regular delivery of goods for a defined period, the time runs from receipt of the first property.
When the fourteen days period expires on a Saturday, a Sunday or a holiday or personum, it is extended until the next working day.
The withdrawal decision must be notified to the publisher to the contact details indicated in Article 1 of these Terms and Conditions by means of a declaration of ambiguity. The customer has, for example, the possibility of using the type-type provided at the end of these terms and conditions. In any case, the publisher will send to the client as soon as possible an acknowledgment of receipt of said retraction by email.
7.2.2. Effects of the right of withdrawal
The client returns or restores the products to the professional or to any person designated by the latter, without excessive delay and, at the latest, within fourteen days of the communication of his decision to retract.
When the right of withdrawal is exercised, the professional is required to repay the customer from all the sums paid, as soon as possible and at the latest within fourteen days of the date on which the right was exercised. If necessary, the professional may defer the refund until the recovery of the products or until the customer has provided proof of the shipment of the products, at the earliest of the two events. Beyond that, the amount due is, in full, productive interest at the existing legal rate, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the professional shall make the refund using the same payment method as that used by the client for the initial transaction, unless expressly agreed by the customer for the use of another payment method and to the extent that the refund Do not take charge for the customer. However, the professional is not required to repay additional charges if the customer has expressly chosen a more expensive way of delivery than the proposed standard delivery mode.
The direct cost of returning the product are the responsibility of the customer.
The customer's liability is undertaken only in respect of the depreciation of the product resulting from manipulations other than those needed to establish the nature, characteristics and proper functioning of this product.
The conditions, deadlines and procedures for the exercise of the right of withdrawal are set out in the type form provided at the end of these terms and conditions.
7.2.3. Exclusions of the right of withdrawal
The right of withdrawal does not apply, in particular, to the contracts:
- providing services fully performed before the end of the withdrawal period and whose execution began after express prior agreement of the customer and renunciation expressly with his right of withdrawal;
- providing goods made according to customer specifications or significantly customized;
- providing goods likely to deteriorate or permitting rapidly;
- providing goods that have been descented by the customer after delivery and that can not be returned for health or health protection reasons;
- providing goods that, after being delivered and by their nature, are mixed in an inseparable way with other articles;
- providing alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed to the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be made urgently at the customer's home and expressly solicited by him, within the limits of spare parts and strictly necessary work to meet the emergency;
- providing audio or video recordings or computer software when they have been descented by the customer after delivery;
- providing a newspaper, a periodical or magazine, except for subscription contracts to these publications;
- concluded at a public bid;
- accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities that must be provided on a specified date or period;
- providing numerical content not provided on a hardware medium whose execution has begun after express screening of the customer and express renunciation with his right of withdrawal.
Similarly, the right of withdrawal is not applicable to the contracts fully performed by both parties at the customer's express request before the latter exercises his right of withdrawal.
7.3. Resolution of the contract on the client's initiative
The consumer client may denounce the contract by registered letter with request for receipt in case of exceeding the delivery date of the property exceeding seven days. The customer will then be reimbursed amounts initiated by him when ordering.
This clause is not intended to apply if the delivery delay is due to a case of force majeure. In such a case, the Customer undertakes not to exercise prosecutions against the Publisher and renounces to avail himself of the resolution of the sale provided for in this article.
7.4.1. Warranty of vices and apparent defects
It is up to the customer to check the good condition of the products at the time of delivery. This audit must include the quality, quantities and references of the products as well as their compliance with the order. No complaint will be taken into account after a period of three days from the delivery. In any case, any complaint concerning the delivered parcels will only be taken into account if the Customer with the Quality of Trader issued reservations to the carrier in accordance with Articles L. 133-3 et seq. Of the French Commercial Code
7.4.2. Hidden defects and defects
220.127.116.11. Legal guarantees
Customers have a legal guarantee of compliant issuance (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 and s. Of the Civil Code) and a security guarantee (Articles 1245 and S . Civil Code).
Customer quality customers also have a legal warranty of compliance (Articles L. 217-4 and s. Consumer Code).
18.104.22.168. Conventional guarantee
The products benefit, in addition to the legal guarantee, of a conventional guarantee of conformity on the French territory.
In order to implement the guarantee, it is up to the customer to return the product to the headquarters of the publisher, accompanied by an explanatory letter by requesting either the repair or the exchange or the refund.
In any case, it is requested from the customer to precisely follow the instructions of the publisher relating to the return of the products.
The return costs of the product remain the responsibility of the customer, except for consumer customers implementing the conformity guarantee of Articles L. 217-4 and s. of the Consumer Code.
Article 8. Final stipulations
8.1. Applicable right
These general conditions are subject to the application of French law.
8.2. Changes in these terms and conditions
These Terms and Conditions may be modified at any time by the Editor. The general conditions applicable to the Customer are those in force on the day of its order or its connection on this site, any new connection to the personal space removing acceptance, if necessary, the new general conditions.
Under Ordinance No. 2015-1033 of August 20, 2015, all disputes with a consumer client who may arise in the execution of these Terms and Conditions and whose solution could not be found prior to the amicable between the parties will have to be submitted.
In addition, the consumer client is informed of the existence of the litigation settlement platform, accessible to the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals, is required to communicate the coordinates of a competent mediator in case of dispute, and that regardless of it sells remotely or in a physical store (source: FEVAD).
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will keep their full effect and scope. In such a case, the parties will have to the extent possible replace the stipulation canceled by a valid stipulation corresponding to the spirit and the purpose of these.
The absence of exercise by the Editor of the rights recognized by the present will in no way be interpreted as a waiver of asserting such rights.
The client is informed that he has the opportunity to register on the opposition list to telephone change at the address http://www.bloctel.gouv.fr/.
8.7. Languages of these Terms and Conditions
These Terms and Conditions are proposed in French.
8.8. Abusive clauses
The stipulations of these Terms and Conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts between a professional and a consumer.