Terms of sale
PREAMBLE:
The company "Fernand Gaston Workshop" is a simplified joint stock company (S.A.S.U.) with a share capital of €2,000, whose registered office is located at 95 rue de l'Aubonnière, 17450 Saint-Laurent-de-la-prée (France), registered in the La Rochelle Trade and Companies Register (17000) under number 824 495 030, intra-community VAT number: FR40824495030.
Telephone: +33 (0)6 49 27 12 60 - Email: contact@bakkiecycles.fr
The website "www.bakkiecycles.fr" is the property of the company "Fernand Gaston Workshop".
The "BAKKIE CYCLES ACCESSORIES" brand is a registered trademark of the company "Fernand Gaston Workshop".
The company "Fernand Gaston Workshop" markets the products of its brand "BAKKIE CYCLES ACCESSORIES", in particular via the website "www.bakkiecycles.fr".
Fernand Gaston Workshop may also select products from other brands and sell them via the website "www.bakkiecycles.fr".
These general terms and conditions of sale apply to all sales made via the website "www.bakkiecycles.fr" with all natural or legal persons, hereinafter referred to as "THE CUSTOMER".
Any reproduction, in whole or in part, of the website "www.bakkiecycles.fr" is prohibited without the prior written authorisation of Fernand Gaston Workshop.
Article 1: Scope
THE CUSTOMER acknowledges having read these general terms and conditions of sale and expressly declares that they accept them in full and without reservation, it being specified that this acceptance does not require a handwritten signature.
THE CUSTOMER may download or save these general terms and conditions of sale and is advised to keep the version in force on the day of their order on www.bakkiecycles.fr.
Orders placed on www.bakkiecycles.fr are irrevocably binding on THE CUSTOMER and will be confirmed as soon as possible by email with the sending of the order confirmation, provided that THE CUSTOMER has filled in the email field. Confirmation of the order implies acceptance of these general terms and conditions of sale, acknowledgement of full knowledge of them and waiver of the right to invoke one's own terms and conditions of purchase or other conditions. This confirmation indicates, in particular, the references and prices of the various products ordered, as well as any delivery costs associated with the order. The CUSTOMER is advised to save or print a copy of the order form until they receive the order confirmation email. As this is an online offer, subject to the vagaries of transmission via the Internet, it is only valid immediately and under
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subject to acceptance of the order by www.bakkiecycles.fr and by its financial partner responsible for online payment.
Article 2: Products
2.1 Identification and conformity of products
The products offered for sale are those described on www.bakkiecycles.fr on the day of the order by THE CUSTOMER, within the limits of available stock. This information is updated automatically in real time. However, www.bakkiecycles.fr cannot be held liable for any errors in the update, regardless of their origin.
The text descriptions and photographs of BAKKIE CYCLES ACCESSORIES brand products are contractually binding.
With regard to products from other brands, the photographs, texts, graphics and technical specifications are taken from documentation produced by those brands, reproduced under their control and with their consent. In this case, www.bakkiecycles.fr cannot be held liable, particularly in the event that a supplier modifies the characteristics of a product for any reason whatsoever (improvement, change in raw materials, etc.).
If THE CUSTOMER makes a purchase for use with a product already in their possession, they are solely responsible for checking the possibility and compatibility of such use by consulting the product descriptions of the products concerned. www.bakkiecycles.fr cannot under any circumstances be held liable for any difficulties in use or compatibility.
2.2 Availability
Information on product availability is provided at the time of placing the order.
If items are unavailable after the order has been placed, THE CUSTOMER will be informed by email as soon as possible by www.bakkiecycles.fr, which may then offer an equivalent product, which THE CUSTOMER is free to accept or refuse.
Article 3: Prices
For customers residing in the European Union: the prices listed on www.bakkiecycles.fr are inclusive of all taxes (VAT included) and take into account the VAT applicable on the day of the order. Any change in the rate may be reflected in the price of the products or services. www.bakkiecycles.fr reserves the right to modify its prices at any time, it being understood, however, that the sale price used for the purchase of a product corresponds to that indicated on www.bakkiecycles.fr at the time the order is placed. Delivery costs are payable by the CUSTOMER and are invoiced in addition to the sale price of the products, except in the case of specific offers or unless otherwise stated.
For customers residing outside the European Union:
- United States: prices listed on www.bakkiecycles.fr are displayed excluding taxes, and customs duties and import taxes are calculated automatically at checkout once the address has been entered and added to the total amount of the order. No additional fees will be charged upon delivery.
- Other countries outside the European Union: prices listed on www.bakkiecycles.fr are shown excluding taxes (VAT). Any customs duties, local taxes or customs clearance fees remain the responsibility of the customer and will be requested by the carrier before delivery.
www.bakkiecycles.fr reserves the right to modify its prices at any time, it being understood, however, that the sale price used for the purchase of a product corresponds to that indicated on www.bakkiecycles.fr at the time the order is placed. Delivery costs are payable by the CUSTOMER and are invoiced in addition to the sale price of the products, except in the case of specific offers or unless otherwise stated.
Article 4. Retention of title
www.bakkiecycles.fr retains full ownership of the products sold until full payment of all sums owed by the CUSTOMER in principal, costs and taxes has been received. However, upon receipt of the goods by the CUSTOMER, the risk is transferred to the CUSTOMER, who is therefore responsible for ensuring that the goods are properly stored.
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Article 5: Ordering and payment
Before placing an order, THE CUSTOMER must create an account on www.bakkiecycles.fr. Each time they visit the site, buyers must log in if they wish to place an order or view their account (order status, profile, etc.).
To pay for their order, THE CUSTOMER has a choice of payment methods available at the time of final confirmation of their order: credit card, cheque or bank transfer.
If THE CUSTOMER chooses to pay by credit card, the transaction will take place on the secure pages of the Payplug solution, which ensures confidentiality and security thanks to the SSL (Secure Socket Layer) protocol. In the case of payment by cheque, it must be drawn on a French bank. Orders paid by cheque or bank transfer will be processed after the cheque or transfer has been cashed. Availability and shipping times begin from the date of receipt of payment.
www.bakkiecycles.fr will confirm acceptance of the order to the CUSTOMER at the email address provided by the latter. This acknowledgement of receipt will specify the exact amount invoiced and the delivery terms for the order. The sale will only be concluded once www.bakkiecycles.fr has confirmed acceptance of the order.
www.bakkiecycles.fr reserves the right to cancel any order from a CUSTOMER with whom there is a dispute regarding payment for a previous order. It also reserves the right to refuse any order that is quantitatively incompatible with the pursuit of a non-commercial purpose.
THE CUSTOMER must verify the completeness and accuracy of the information provided when placing an order, particularly with regard to the delivery address. www.bakkiecycles.fr cannot be held responsible for any data entry errors and the consequences thereof (e.g. delays or delivery errors). In this context, the costs incurred for the reshipment of the order shall be borne by the CUSTOMER. The provision of personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the order not being validated.
To modify or cancel an order before it has been processed (invoiced, packed or already shipped) by www.bakkiecycles.fr, the CUSTOMER must make a request as soon as possible by email to contact@bakkiecycles.fr. If the cancellation is accepted, the refund will be made using the same payment method used for the transaction.
Article 6: Delivery
Products are delivered to the delivery address specified in the order. THE CUSTOMER has the option of having the order delivered to an address other than the billing address. In this case, both addresses – delivery and billing – must be specified. Delivery times are given as an indication on www.bakkiecycles.fr based on certain parameters such as the day and time of receipt of payment for the order and subject to the availability indicated on the product sheet. The delivery times announced on www.bakkiecycles.fr are calculated from the date of dispatch from the warehouse of the products ordered by THE CUSTOMER. These delivery times may not exceed 7 days from the date of order confirmation by www.bakkiecycles.fr for products that are available and in stock at the time of ordering. For all products that require a replenishment period, i.e. products made to order, this period must be added to the delivery time.
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Furthermore, for deliveries outside the European Union, with the exception of the United States, Canada, Singapore and Japan, THE CUSTOMER expressly agrees to pay all taxes due on the importation of products, customs duties, value added tax, and any other taxes due under the laws of the country receiving the order and, in the event of failure to fulfil these obligations, to assume sole responsibility - without recourse against www.bakkiecycles.fr - for all administrative, legal and financial consequences. When the order concerns a product that is no longer in stock, THE CUSTOMER will be informed by email. www.bakkiecycles.fr's commitment to delivery times is subject to the CUSTOMER providing a complete and clear delivery address, to the CUSTOMER or an authorised person being present when the carrier arrives, and to the absence of any obstacles, unforeseeable circumstances or cases of force majeure beyond the control of www.bakkiecycles.fr and its carrier partner. Delivery is considered to have been made on the date of the first presentation of the goods to the CUSTOMER.
THE CUSTOMER is required to check the conformity of the goods delivered at the time of delivery, before signing the delivery note. Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note signed by the CUSTOMER, who must notify www.bakkiecycles.fr by email of these anomalies upon receipt of the package. If the CUSTOMER entrusts the receipt of the product to a third party, they assume full responsibility for it.
Article 7: Returns due to withdrawal
The CUSTOMER has a withdrawal period of 30 days from the delivery of the product to return it to the head office of Fernand Gaston Workshop for exchange or refund without penalty, except for return costs, which are the responsibility of the CUSTOMER.
To ensure the return is processed efficiently, a return request must be made directly, simply stating the reason for the return (withdrawal) without the need to justify the request. This request can be made directly by email.
To be able to use this option, THE CUSTOMER must return the products complete, with accessories and assembly or user instructions. In the event of a return, the customer must pack the item carefully and may reuse the original packaging if it is in sufficiently good condition. This right of withdrawal is only available to consumers, as defined by law, and only for physical products. Professional buyers do not benefit from the right of withdrawal.
Refunds will be made using the same payment method used by THE CUSTOMER during the transaction. In the event of the return of a complete or partial order that benefited from a discount on postage or free transport costs, the amount of the refund for the order will be reduced by the cost of these shipping costs.
Please note: THE CUSTOMER must always keep the original packaging of the products, otherwise they will not be able to return them in the event of a problem. The Post Office and all carriers refuse to accept products that are not packaged in manageable boxes.
Article 8: Product warranties
BAKKIE CYCLES ACCESSORIES brand products are guaranteed for 2 years.
Other products sold via www.bakkiecycles.fr are covered by a manufacturer's warranty, the duration of which is indicated in the product's technical description on www.bakkiecycles.fr. The specific terms and conditions of the warranty are set out in the documents supplied with the product.
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In all cases, THE CUSTOMER must be able to present the product invoice issued by Fernand Gaston Workshop in order to benefit from the manufacturer's warranty.
The warranty start date for a product corresponds to the date of the invoice for that product.
The warranty does not cover equipment used in competition or rental, damage due to wear and tear, misuse, lack of or poor maintenance, discolouration due to prolonged exposure to sunlight (UV rays), or any modifications made to the product after delivery.
This warranty also does not cover:
- The replacement of consumable products
- Non-compliant, irregular, or abnormal use of products
- Defects or specific characteristics of a product mentioned in the product descriptions
- Defects and their consequences related to the improper use of the product for its intended purpose.
In the event of a return, THE CUSTOMER must return the defective product(s) after receiving approval by email from Fernand Gaston Workshop.
The costs of returning new or repaired equipment to the CUSTOMER shall be borne by Fernand Gaston Workshop.
www.bakkiecycles.fr. cannot under any circumstances be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt. www.bakkiecycles.fr's liability is systematically limited to the value of the product in question, at its date of sale, with no possibility of recourse against the brand or the company that manufactured the product. In any event, THE CUSTOMER benefits from the legal warranty against eviction and hidden defects (Art. 1625 et seq. of the Civil Code). Provided that the hidden defect can be proven, the seller is legally obliged to remedy all the consequences (Art. 1641 et seq. of the Civil Code); if the buyer takes the matter to court, they must do so within a "short period of time" from the discovery of the hidden defect (Art. 1648 of the Civil Code).
Article 9: Liability
www.bakkiecycles.fr cannot be held liable for damages of any kind, whether material
as immaterial or bodily, that may result from:
- from the misuse of the products,
- failure to follow the instructions in the user manuals,
- any handling error,
- from any abnormal use or use that does not comply with the intended purpose of the product,
- any external cause.
Any irresistible, unforeseeable events or circumstances beyond the control of the parties shall be considered as fortuitous events or force majeure exempting them from liability.
Article 10: Personal data
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When placing an order, the CUSTOMER's personal data collected will be processed electronically. The CUSTOMER is invited to refer to the "Personal Data" tab on www.bakkiecycles.fr for all information relating to this point.
In accordance with the French Data Protection Act of 6 January 1978, THE CUSTOMER has the right to access, rectify and delete information concerning them at any time. To do so, they simply need to send an email to contact@bakkiecycles.fr or a letter to the registered office of Fernand Gaston Workshop.
Article 11: Applicable law
Any dispute concerning these general terms and conditions of sale shall be subject to French law.
The competent court in the event of a dispute or litigation shall be that of Fernand Gaston
Workshop.
Article 12: Mediation of consumer disputes
In the event of difficulties in the performance of the sales contract, THE CUSTOMER shall first contact Fernand Gaston Workshop
Fernand Gaston Workshop in order to seek an amicable solution.
In the absence of an amicable agreement, if THE CLIENT is a consumer, complaints or disputes relating to the validity, interpretation, performance or non-performance, interruption or termination of the sales contract may be submitted to the Mediator of the National Council for the Automotive Professions (CNPA) registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation in accordance with Article L.615-1 of the Consumer Code.
The website www.mediateur-cnpa.fr describes the mediation process offered and allows customers to submit a request for mediation online. The Mediator may also be contacted by post, using a referral form that can be downloaded from the Mediator's website at: Monsieur le Médiateur du Conseil national des professions de l’automobile (CNPA) – 43 Bis route de Vaugirard CS 80016 - 92197 MEUDON CEDEX – (Email address: mediateur@mediateur-cnpa.fr).
Fernand Gaston Workshop informs THE CUSTOMER of the existence of the European online dispute resolution platform, which is designed to collect any complaints arising from online purchases made by European consumers and forward them to the relevant national mediators: this platform is accessible at: ec.europa.eu.
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