GENERAL CONDITIONS OF SALE AND USE OF THE WWW SITE. ALBERABIKE.FR (CGV / CGU)

n°01/2024

PREAMBLE

The Pouleb company is a limited liability company with share capital of 10,000 euros, whose head office is located at 55 chemin de Palau, 66700 Argelès sur mer, registered in the Perpignan Trade and Companies Register under number 530 730 258 00031, and whose VAT number is FR 00 530 730 258. Its commercial name is Alberabike.

Alberabike is a physical store specializing in the sale and repair of cycles, the sale of accessories and cyclist equipment in its premises. Alberabike also has an e-commerce site www.alberabike.fr which offers for sale: bicycles, cycle parts and accessories, bicycle rental reservations.

ARTICLE 1 – SCOPE OF APPLICATION

These general conditions of sale apply, without restriction or reservation, to all products offered for sale by Alberabike on its Site.

Consequently, the fact of a natural or legal person (hereinafter referred to as the “Customer”) ordering on the Alberabike Company Site constitutes full acceptance of these general conditions of sale. They are accessible at any time on this Site and the online version will prevail, where applicable, over any other version.

These general conditions of sale will remain in force until a new version is put online. This is why, before any order validation, the Customer must consult and validate the general conditions of sale.

Alberabike reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.

ARTICLE 2 – OWNERSHIP

The Site, its content and all the elements constituting it, are creations for which Alberabike and/or, where applicable, its partners, hold all the intellectual property rights and/or exploitation rights, in particularly under copyright, database law, trademark law, and design law.

The Site, as well as the software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds or any other data contained on the Site remain the exclusive property of Alberabike or, where applicable, their respective owners with whom they have entered into user agreements.

The Client is granted a non-exclusive, non-transferable right of use, in a private context, of the Site and the data contained on the Site. The right thus granted consists of a right to consult online the data and information contained on the Site, and a reproduction right consisting of printing and/or saving the data and information consulted. This right of use is intended only for strictly private use.

Any other use of the Site, in particular commercial, on the part of the Customer, is prohibited. The Client is prohibited in particular, in a non-exhaustive manner, from reproducing and/or representing for any use other than private use, selling, distributing, issuing, translating, adapting, broadcasting and communicating in full or in part in any form whatsoever any element, information or data from the Site.

In addition, the Client is prohibited from introducing, by any means whatsoever, data likely to modify or harm the content or presentation of the Site.
Any hypertext link with the Site, whatever the type of link, must be subject to prior authorization from Alberabike, acting in the name and on behalf of the holder of the right concerned, on paper or electronic media.

ARTICLE 3 – PRODUCTS

Alberabike's liability cannot be called into question for minimal variations which may have remained despite all the precautions taken in the representation of the products.

The vast majority of products offered to its Customers by Alberabike are available in its store. In the event of a backorder, the Customer will be notified, within forty-eight (48) hours by email or telephone, of the new delivery time.

ARTICLE 4 – PRICES

The prices indicated on the Site are expressed in Euros and all taxes included.

They do not include transport costs, unless specified. Alberabike reserves the right to modify these prices at any time. However, in the event of a revision, the sales prices charged will be those in effect at the time the order is placed.

Transport costs can be consulted at any time in the Customer’s “basket” section.

The price indicated in the order confirmation by Alberabike is the final price. The payment itself will only be considered final after actual receipt of funds by Alberabike.

ARTICLE 5 – ORDERS

Any order form validated by the Customer by “double click” (validation of the order in two stages) constitutes an irrevocable acceptance of the sales contract which can only be called into question within the limits provided for in these general conditions of sale at under the “right of withdrawal” and “out of stock”. The ordering procedure by “double click” associated with the authentication procedure and the protection of the integrity of the messages constitutes the validation of the sales contract.

Alberabike confirms acceptance of the order to the Customer at the email address provided by the Customer.

Alberabike reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The information provided by the Customer when taking the order binds the latter: in the event of an error in the wording of the recipient's contact details, Alberabike cannot be held responsible for the impossibility in which it may be able to deliver the product. Any product delivered to the address indicated by the Customer will be considered the correct delivery address.

In the case of a reshipment due to a lack of information and/or error on the part of the Customer, the new delivery will be invoiced to the latter.

In the event of an error on the part of the Alberabike company regarding the content of the Customer's order, the latter must contact customer service (after-sales service) before any return.
The return will, if necessary, be taken care of by the Alberabike company as part of an economical return, and will be insured up to the value of the goods.

Retention of ownership clause (law 80-335 of May 12, 1980)

The goods (parts, accessories and bicycles) remain the property of Alberabike until full payment of the invoice.

ARTICLE 6 – PAYMENT OF THE PRICE

The price invoiced to the Customer is the price indicated on the order confirmation sent by Alberabike.
For deliveries outside mainland France, the Customer undertakes to pay, where applicable, all taxes due in this respect.

Alberabike therefore disclaims all liability in the event that the Customer has not paid these taxes.

When the order is placed, payments are made:

· either by online bank card (Carte Bleue, VISA, Mastercard),

.· either by payment 3 times or 4 times with Oney (see article 14). The customer hereby accepts the legal notices of Oney accessible via this link. https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf

· either by bank transfer,

· either by Paypal

The order validated by the Customer will only be considered effective when payment has been received by Alberabike.

Furthermore, Alberabike reserves the right to refuse any order from a customer with whom there is a dispute.

Information concerning the Customer's bank card is subject to secure transmission (128-bit SSL encryption) directly to the Site of Alberabike's banking partner. They do not pass through the Alberabike server. The latter only memorizes the payment method used.

In the event that Alberabike is considered responsible for damages linked to an error in the sums debited, Alberabike may exempt itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable, either to the consumer, or to the fact, unpredictable and insurmountable, of a third party to the contract, or to a case of force majeure.

ARTICLE 7 – DELIVERY

Article 7.1: Delivery times and terms

After confirmation of the order, the Products ordered will be delivered to the carrier chosen by the Customer, subject to their availability, and unless otherwise indicated to the customer by email when placing the order, within a maximum period of:

ninety-six (96) working hours.

The Customer is informed by email of each delivery of the products to the carrier.

For reasons of product availability, an order may be delivered in one or more installments to the Customer.

If the Customer specifically wishes several delivery locations, he must place several orders, the respective delivery costs for each order being invoiced to him. For deliveries in mainland France, the carrier undertakes to deliver the order to the address that the Customer has provided, within periods of between 48 hours and 10 days depending on the transport chosen (chronopost, colissimo or France express). .

Delivery details https://www.alberabike.fr/infos_livraison_paiement.php.In the event of absence, the Customer is normally notified by mailbox, by email or by SMS, depending on the carrier chosen.

In the event of a delay in delivery beyond the deadline stipulated when the contract was concluded, the Customer must contact Alberabike Customer Service from their customer account, or by email, or by letter, in order to request

or the cancellation of his order if the delay constitutes for the Customer an essential condition of the contract.
or that delivery is made within a reasonable additional time. If delivery has still not been made after this reasonable additional period, the Customer may request the cancellation of their order from Alberabike Customer Service from their customer account, or by email, or by letter.
In each case the order will be considered canceled upon receipt of this request. In this case the Customer will be reimbursed for all amounts paid no later than 14 days after termination of the contract.

In the event of apparent defects, the Customer has the right of return under the conditions provided below.

Article 7.2: Reception

Upon delivery, the Customer is required to sign the delivery note in the case of receipt of a bicycle or package with signature (colissimo, chronopost). This delivery note constitutes proof of receipt of the order. It is the responsibility of the person ensuring physical receipt of the order to mention on the delivery slip, in a detailed, precise and detailed manner, any reservations which appear relevant to them.

In the event of an anomaly, you should inform Alberabike customer service as soon as possible and send any complaints to the carrier by registered letter with acknowledgment of receipt. In the event of loss or damage to the products ordered, the carrier opens an investigation, which must be closed within a maximum of fifteen (15) days.

Article 7.3: Returns and exchanges for non-conformity or defective products

The Customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force as referred to in the Responsibilities - Guarantees article.

In the event that the Customer refuses a delivery for error in the content of the delivery, for non-conformity or defect of the products ordered, he must immediately contact Alberabike Customer Service by email or via his customer account in order to determine the applicable return procedure.

The Customer is informed that the delivery points in “Relay Points” have the exclusive mission of allowing the collection of goods ordered by the Customer. Indeed, the “Relay Points” are not authorized to take the goods back without the express agreement of Alberabike. Thus, the Customer can never go to a “Relay Point” in order to return their delivery, unless they have received prior written agreement by email from Alberabike with a transport label. and the return procedure indicated. In the event that the Customer does not respect the returns procedure and goes to a “Relay Point” without prior agreement, the “Relais Point” would be entitled to refuse to take charge of the products. All items must be returned with their accessories and instructions, and, where possible, in their original packaging.

Appendix to Article D.211-2
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
1o The professional refuses to repair or replace the goods;
2o The repair or replacement of the goods takes place after a period of thirty days;
3o The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of replacement;
4o The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the item for repair or replacement suspends the warranty which remained to run until delivery of the restored item.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.