Disclaimer : the following terms and conditions are translated into English via a translation tool, without proofreading.
GENERAL TERMS AND CONDITIONS OF SALE OF THE MOTO PLANT FOR ITS SITES OF ONLINE SALES
AFRICA TWIN SHOP - X-ADV SHOP - CB650 SHOP - NC700 SHOP - CB1000R SHOP - CB500 SHOP - FORZA 125 SHOP - FORZA 750 SHOP - NT1100 SHOP - MA REVISION MOTO - PIECES HONDA MOTO
Between the company L'Usine Motos, 1 rue Emile Beley, 25460 ETUPES with a share capital of €76,250, registered in the Trade and Companies Register of BELFORT, under the number SIRET 377870860, represented by Mr. Paul PETITJEAN as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site or by telephone at 03.74.47.60.60.
Hereinafter the “Seller” or the “Company”.
Firstly,
And the natural or legal person purchasing products from the company,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand,
It was explained and agreed as follows:
PREAMBLE
The Motorcycle Factory sites specialize in the distance selling of accessories and spare parts for motorcycles in the Honda range. SARL l’Usine Motos respects for its sites the distance selling rules established in particular in the Hamon law relating to consumption:
- Information on products and delivery times
- Implementation of the right of withdrawal
- Settlement of disputes and guarantees
- Protection of personal data
ARTICLE 1 : OBJECT
The parties agree that their relations will be governed exclusively by these General Conditions of Sale (GTC) which determine their rights and obligations in the context of the online sale of products offered by the seller.
ARTICLE 2 : GENERAL PROVISIONS
These General Conditions of Sale apply to all sales of products made through the company's websites which are an integral part of the contract between the buyer and the seller. The seller reserves the right to modify these, at any time, by publishing a new version on its website. The applicable GCS are those in force on the date of payment (or of the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the company's websites via a direct link on the home page. The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click when placing an order. The customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The customer declares to be able to legally contract, under French law, or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 : PRICE
The prices of the products sold through the websites are indicated in Euros, all taxes included, excluding shipping costs and precisely determined on the product description pages. During promotions, the initial price is displayed. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.
The company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the company's websites are the responsibility of the customer. If applicable, also the costs of pre-sales advice and delivery.
ARTICLE 4 : CONCLUSION OF THE ONLINE CONTRACT
The customer must follow a series of steps specific to each product offered by the seller in order to place his order.
However, the steps described below are systematic:
- Information on the essential characteristics of the product
- Choice of the product, if necessary of its options
- Indication of the customer's essential data (identification, address, etc.)
- Acceptance of these General Conditions of Sale
- Verification of the elements of the order and, if necessary, correction of errors
- Follow-up of instructions for payment, and payment of products
- Product delivery
The customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the customer undertakes to provide his true identification elements. The seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 : PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The seller undertakes to honor the customer's order within the limits of the stocks of available products only. Otherwise, the seller informs the customer. This contractual information is presented in detail and in French (English translation for international customers). In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the product offer as well as their prices is specified on the company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions in terms of conformity and hidden defects, the seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting customer support on the site or by mail.
ARTICLE 5 BIS : APPROVALS OF PRODUCTS
As part of its online sale of motorcycle products, the seller is likely to sell parts not approved for the road. As such, the seller recalls that:
In France: The use of non-homologated pots, as well as that of articles which can modify the characteristics of the engine or the motorcycle, is reserved for competitions whose regulations usually allow it. It is excluded from being able to use it on the public highway. Any modification of the characteristics of the vehicle in relation to its approval on French territory makes it unfit for road traffic. The customer acquiring non-approved parts can therefore under no circumstances contest the fact of not having been informed of the non-approval of the property sold.
Outside France: the customer must comply with the laws and regulations in force in his country with regard to the approval and use of the products.
For any legal condition, the responsibility of the seller cannot be engaged in problems known by the customer using a product outside the scope provided for it, in particular with regard to approvals for the road.
ARTICLE 6 : RETENTION OF OWNERSHIP CLAUSE
The products remain the property of the company until full payment of the price.
ARTICLE 7 : DELIVERY TERMS
The products are delivered to the delivery address which was indicated during the order and according to the time indicated. This period is recalled at the time of validation of the order and in the confirmation email thereof. It does not take into account the order preparation time by the seller's logistics services. When the customer orders several products at the same time, apart from exceptions, the delivery takes place in a single package within a period including the supply of the slowest product.
In the event of a delay in dispatch on the time initially planned, the customer is notified as soon as possible to validate his acceptance of the new deadlines. In the event of a significant and non-tolerated delay, the customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The seller then reimburses the product and the “one-way” costs under the conditions of Article L 138-3 of the Consumer Code. The seller provides a telephone contact point (cost of a local call from a landline / free from the internet) indicated on the site in order to follow up on the order.
The delivery price is clearly indicated during the validation of the order. The methods for calculating it are linked:
- To the weight of the package
- To the country of delivery
- To the chosen carrier who charges a particular rate according to the quality and speed expected of his service
ARTICLE 7 BIS : DISPUTES CONCERNING DELIVERY
Disputes related to delivery by the seller's transport services are handled on a case-by-case basis according to the data available on the tracking of the package and the information provided by the buyer.
Parcel late / blocked / lost
In France :
A period of 48 hours is expected to appeal to the carrier who will give a precise status of the location of the package within a week. Depending on the results of the investigation, a solution is offered to the buyer (waiting for the arrival of the package, refund, new shipment).
For international shipments:
- With the Post Office (the most economical service): the customer is advised that the investigation period for a lost or unreceived parcel is 3 months. In the absence of conclusion of the carrier, the package is considered in circulation and the buyer cannot claim a new shipment or a refund (which would duplicate his first package being on the way to his place of delivery).
- With Chronopost / DHL (premium express services): a period of 72 hours is expected to file an appeal with the carrier who will give a precise status of the location of the package within 10 days. Depending on the results of the investigation, a solution is offered to the buyer (waiting for the arrival of the package, refund, new shipment).
Dispute delivery
The parcels being delivered against signature, any contestation of proof of delivery to obtain any repair from the seller must be accompanied by a sworn statement summarizing the situation, proof of identity and a receipt for deposit of complaint for the denounced acts (usurpation of signature / identity theft, theft / concealment).
Receipt of undue goods
The seller reminds that keeping a package unduly received is an illegal act and punishable by law. In the event of receipt of a package in error or of surplus goods, the buyer shall immediately contact the seller so that he can organize the return of the goods at his own expense. In the absence of initiative, the buyer will respond to the seller's requests as soon as possible. L'Usine Motos will systematically file a complaint in the event of manifest abuse by customers.
Damaged or missing merchandise
The seller reminds that when the customer takes physical possession of the products, the risk of loss or damage is transferred to him. It is up to the customer to notify the carrier of any reservations about the package delivered and then to notify the seller, within minutes of opening, of any alteration or problem with the parts received.
Return of goods in case of non-payment of customs duties
Under article 3 of these general conditions which stipulates that the buyer is informed that he is responsible for paying customs duties for countries subject to this regime (including the United Kingdom since Brexit), the goods returned to the sender (the seller) are eligible for reimbursement deducted from the shipping costs mentioned on the initial order invoice.
ARTICLE 8 : AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of available stocks or subject to stocks available from the company's suppliers. In the event of unavailability of an article for a period of more than 15 working days, the customer is notified upon receipt of the information of the new foreseeable deadlines and the order of the article may be canceled on simple request. The customer can then request a credit note for the amount of the item or its refund.
ARTICLE 9 : PAYMENT
Payment is due immediately upon ordering, including for pre-order products. The customer can make payment by credit card, bank check, SEPA transfer and funds on Paypal account. Cards issued by banks domiciled outside France must be international bank cards (Visa or Mastercard type). Secure online payment by credit card is made by our payment provider Sogecommerce (Societe Generale). The information transmitted is encrypted according to current security standards and cannot be read during transport on the network (SSL encryption). Once the payment has been initiated by the customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the customer authorizes the seller to debit his card for the amount relating to the price indicated. The customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the sale is immediately resolved as of right and the order cancelled.
For other means of payment, such as checks and SEPA or Paypal transfers, the order preparation procedure begins once the payment has been validated and actually cashed.
ARTICLE 10 : WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”. “The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”.
The right of withdrawal must be exercised by contacting the company via the support on the site or by mail.
The Company informs Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for orders of custom-made accessories/parts (color, personalization, size, etc.) ) or having specific characteristics. This right is also not valid in the event of assembly of the parts on a motorcycle.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the customer. The return of the products is to be made in their original state, complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
In the particular case of a package in transit at the time of withdrawal, the buyer must wait for receipt of the package to exercise his right of withdrawal. In addition, if the cancellation of the order has not been mentioned before the departure of the package as part of its normal processing, the return costs remain the responsibility of the buyer.
In accordance with legal provisions, a standard withdrawal form to be sent to support by e-mail or post is available from the company.
If the return of the product is recorded and its good return condition validated, the refund is initiated within 72 hours, by the means of payment used by the customer.
ARTICLE 11 : GUARANTEES
In accordance with the law, the seller assumes two guarantees: of conformity and relating to hidden defects of the products. The seller reimburses the buyer or exchanges the products which are apparently defective or which do not correspond to the order placed. The refund request must be made in the same way as for withdrawals: either by contacting the online support, by mail or by telephone.
The seller reminds that the consumer:
- has a period of 2 years from the delivery of the goods to act with the seller
- that a repair, an exchange or a refund will be offered to him according to the product, its defect and the most accommodating terms of the supplier
- that he is exempted from providing proof of the existence of the lack of conformity of the good during the period of 2 years following the delivery of the good
- that he can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).
ARTICLE 12 : COMPLAINTS
If necessary, the buyer may submit any complaint by contacting the company by online support, mail or telephone.
ARTICLE 13 : INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 : FORCE MAJEURE
The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 : NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 16 : PROTECTION OF PERSONAL DATA
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on one of the sites in our network, you may receive emails containing information and promotional offers concerning products published by the Company. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the data processing manager by email or regular mail.
We carry out on all our sites a follow-up of the frequentation. For this, we use trackers such as Google Analytics. This data remains anonymous and is only used for statistical purposes. A third-party cookie management system allows cookies to be activated or deactivated at any time.
ARTICLE 17 : APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
INFORMATION
Last update of these general conditions published on 03/01/2022 at the company's headquarters in Etupes and on the group's websites.