The present conditions are specified for the parties in regard to rights and obligations for on-line sales of articles and services proposed by CYCLO-SYSTEM to the buyer.
Every order from the customer implies the acceptance without reserve of the general conditions and therefore they are his one and only reference, except special agreement or dispensation by CYCLO-SYSTEM.
The present terms of sale are valid for all sales of manufactured or assembled products by CYCLO-SYSTEM as well as items sold by selling agents at the date of signature of the order-form till the end of guarantees except special written conditions by CYCLO-SYSTEM to the customer
These conditions supersede any contemporaneous agreements. Every other document can only be considered as some further information.
Consequently by his acceptance the customer agrees to having been correctly informed of the present general conditions which do not need his handwritten signature in the context of on-line orders of articles presented on the web-site shop. It is to the entire responsibility of the customer to keep or print the present general conditions.
The present conditions can be subject to future modifications.
In that case the general conditions in force are those of the date of order.
The customer declares having the legal capacity of his engagement towards the general conditions.
Validation of orders and electronic signature (law of march13th 2000 on the electronic signature)
Every signed order-form by the customer by “double click” constitutes an irrevocable acceptance which can only be put off within a certain limit foreseen in the present conditions of sale. The “double click” joined with the procedure of authenticity and the renouncement as well as the protection of the whole of the messages constitutes the electronic signature which has the value of a hand-written signature between the parties.
CYCLO-SYSTEM presents products for sale on its web-site, indicating all necessary characteristics, in respect of article L 111-1 of the consumer law, stipulating for the future consumer, prior to his final order, the knowledge of all essential characteristics of the selected product.
The prices of the products on our web-site concern all on-line-purchases or telephone-orders and have to be paid by credit card, Paypal or transfer only.
The buyer guarantees CYCLO-SYSTEM that he has the bank acceptance for his payments when he confirms his order.
By “order” is understood all products mentioned in our price-list and accepted by CYCLO-SYSTEM with payment joined.
The buyer must check the order confirmation and inform us by letter of errors, otherwise the order is considered valid. The orders transmitted are irrevocable for the buyer, except special written acceptance by CYCLO-SYSTEM.
Because of permanent evolution and without special notice by C-S, products may undergo light modifications, correct functions and performances are guaranteed by CYCLO-SYSTEM. Otherwise the order is cancelled.
The invoice-price previously confirmed by CYCLO-SYSTEM for each product is quoted and has to be paid in euro only for all countries. The prices of the products, their taxes and postage are indicated on the invoice.
Without special notice by CYCLO-SYSTEM, prices can be subject to modifications because of currency fluctuations and variations in delivery costs, CYCLO-SYSTEM will respect the proportion of these variations. All taxes and postage are mentioned in the invoice.
Foreign country buyers are considered as importers of goods (CE and French dominions except) and are not compelled to pay French taxes. The buyer has to take in account customs duties as well as local or governmental taxes. The buyer is sole responsible to declare and pay these duties.
Except special notice, every order has to be fully paid at once.
Products remain the property of CYCLO-SYSTEM until complete payment. The customer’s order will only be considered as effective at the moment of banker’s order. In case of bank refusal the order is cancelled and the buyer will be mail-informed by CYCLO-SYSTEM.
DELIVERY - PROPRIETY - RISKS
Stated delivery dates are purely indicative.
The date of delivery can be considered as reliable as soon as banker’s order.
In case of an ordered product shortage due to a run out of stock of our suppliers, the customer will be immediately informed. He will be able to cancel his order and claim his payment.
Delays in delivery do not incur our liability to penalties or payment of damages. Goods are sent by registered post–colissimo.
The delivery address is mentioned in the order acknowledgement. The transfer of risks of goods sold by CYCLO-SYSTEM take effect when they are handed to the forwarder.
The delivery of items can be dispatched gradually. Concerning damage or goods missing, the buyer has to make his proper reserves towards the transporter.
Products without any reserve by registered post and acknowledged receipt within 3 days of reception are considered as accepted by the buyer (according to article L. 133-3 of commercial law). Copy must be sent to CYCLO-SYSTEM.
Without reserves, dispositions are taken by the buyer towards the transporter for sold products in case of vice or missing items. Claims are only accepted by registered letter and acknowledged receipt within 3 days. The statement of vices must be justified by the buyer. CYCLO-SYSTEM will decide to give its agreement or not.
The return of goods accepted by CYCLO-SYSTEM must be dispatched in the original package, return voucher and purchase invoice joined. In case of non visible vices the buyer supports the return costs.
Return fees are at the charge de CYCLO-SYSTEM only if a statement is made by the buyer of vice or missing items. The transporter of the products is chosen by CYCLO-SYSTEM only.
After the acceptance of ordered goods without reserve, it is understood that no vices or missing items have been noticed.
Claims made by the buyer according to the conditions and terms written in the present article give no right to suspension of payment of the dispatched but not conforming goods.
Products remain the propriety of the seller until total payment, even if CYCLO-SYSTEM agrees to payment in installments. (See article L 621-122 of commercial law)
In case of a non-received payment at the indicated delay, CYCLO-SYSTEM will cancel the sale after having given notice to the customer and without any reply of him within 8 days. In case of previous installments, the amounts are considered as a part payment.
All products are legally guaranteed for vices, article 1641 of the Civil Law, the buyer must apply for it immediately.
All articles must be returned, postage paid. Cash with order is not accepted.
The guarantee does not include damages due to misuse or false assembly, modifications or repairs by the buyer or by a non authorized person as well as damages from external causes and the inadequacy of the item to a not intended function.
All products sold by CYCLO-SYSTEM or a distributor are guaranteed for vices by the manufacturers. The guarantee can differ from one product to another. Only the first consumer can apply for the guarantee with the original invoice. The guarantee of products not manufactured by CYCLO-SYSTEM but a distributor or a producer, will be taken over by them. The item in question will be sent back to the manufacturer by C-S, it is up to him to decide for a possible guarantee. CYCLO-SYSTEM is not liable to his decision.
Before each return, inform CYCLO-SYSTEM on-line ([email protected]) with subject « Apply for Guarantee » and give detailed grounds for.
The return costs have to be paid by the customer.
RIGHT OF ORDER WITHDRAWAL
In accordance with the article L 121 – 20 of the consumer code, the customer has a delay of 14 days after reception of his order to return an unwanted product. No claim can be accepted after the above mentioned delay. The return costs are on his charge. The value of the product has to be insured by the transporter as long as he is in charge of it.
Only the selling price of the product will be restituted.
Before each return the buyer must contact CYCLO-SYSTEM by phone: 00 33 4 50 77 56 17
or by @-mail : [email protected] All returns must go to :
CYCLO-SYSTEM 3621, Route d'Albertville 74320 SEVRIER
in their original package with the printed instructions and accessories.
The returned items must be in perfect condition, invoice copy, and bank identity ( RIB ) joined.
Incomplete, spoiled or damaged goods cannot be returned. The refund will take place within 30 days to the customer’s bank account by credit transfer.
Attention ! Items on special offer (- XX%) cannot be returned or exchanged.
CYCLO-SYSTEM is neither liable to any equipment damages or causalities which occur in using the CYCLO-SYSTEM products, except articles that had proved to be defective, or casualties caused by using CYCLO-SYSTEM products on the bicycle.
The goods are in accordance with the French legislation. CYCLO-SYSTEM is not responsible for misuses of their dispatched products in countries where different dispositions are in force. It is up to the customer to be informed about importation rules.
The products are joined by illustrations and instructions which are not contemporaneous, therefore CYCLO-SYSTEM is not liable to errors of use, in regard to these illustrations or instructions.
CYCLO-SYSTEM has no responsibility in the case of lack of stock, natural casualties, civil commotion, lock-outs, prolonged suspension of transport facilities, strikes, fire, flood, or accidents in production.
CYCLO-SYSTEM is not responsible for misuse of their dispatched products in countries where different dispositions are in force.
CYCLO-SYSTEM accepts no responsibility for links to sites and the legal dispositions of their content.
OBLIGATIONS FOR CUSTOMERS
The customer is responsible for his own choice and its correct use. Telephone calls to CYCLO-SYSTEM and postage are on his charge.
Instructions, maintenance and assembly of the items to his bicycle and its official declaration must be put in force. The customer has to make sure that he is sufficiently informed and needs no further advice, besides those given by phone. All customers purchasing via Internet ,tele-copy or letter are supposed to need neither advice nor hold grievance for lack of advice against CYCLO-SYSTEM.
According to the Computer Law and Liberty of january 6th 1978 the customer has a means of access, rectification and opposition concerning his personal data. The demande can be made on-line or by letter, indicating his name, address and the customer’s reference number to :
CYCLO-SYSTEM 3621, Route d'Albertville 74320 SEVRIER
or by mail [email protected]
All information given to CYCLO-SYSTEM remain confidential and is for internal use only in order to ease communication with the customer about technical advice and forwarding information about new products via a news letter.
This contract is submitted to French Law. The TRIBUNAL of COMMERCE in ANNECY is sole competent. The convention of VIENNA concerning international sales condition is not applied for this contract.