The general conditions of sale of the Alberabike.fr bicycle and accessories site

Terms and Conditions

TERMS AND CONDITIONS OF SALE OF THE WEBSITE WWW. ALBERABIKE.FR

PREAMBLE

The company Pouleb is a limited liability company with a capital of 10,000 euros, whose head office is located at 22 chemin de Palau, 66700 Argelès-sur-Mer, registered with the Trade and Companies Register of Perpignan under number 530 730 258 00023, and whose VAT number is FR 00 530 730 258. Its trade name is Alberabike.

Alberabike is a physical store specialized in the sale, delivery and repair of cycles, accessories and cycling equipment via its website www.alberabike.fr.

ARTICLE 1 - SCOPE

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

Consequently, the fact for a natural or legal person (hereinafter referred to as the "Customer"), to order on the Site of the company Alberabike carries full acceptance of these terms and conditions of sale. They are accessible at any time on this Site and the online version will prevail, if necessary, on any other version.

The present general conditions of sale will remain in force until the putting on line of a new version. Therefore, before any order validation, the Customer must consult and validate the general conditions of sale.

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

ARTICLE 2 - PROPERTY

The Site, its content and all elements that constitute it, are creations for which Alberabike and / or, where appropriate, its partners, are holders of all the intellectual property rights and / or rights of exploitation, in copyright, database law, trademark law and design law.

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

The Customer is granted a non-exclusive, non-transferable and private right to use the Site and the data contained on the Site. The right thus granted consists of a right to consult on line the data and information contained on the Site, and a right of reproduction consisting of an impression and / or a safeguard of the data and information consulted. This right of use is intended for strictly private use only.

Any other use of the Site, especially commercial, by the Customer, is prohibited. The Customer is prohibited in a non-exhaustive way, to reproduce and / or represent for a use other than private, sell, distribute, transmit, translate, adapt, broadcast and communicate in full or partially in any form whatsoever any element, information or data from the Site.

In addition, the Customer is prohibited from introducing, by any means whatsoever, data likely to modify or impair the content or presentation of the Site.

Any hypertext link to the Site, regardless of the type of link, must be authorized by Alberabike, acting in the name and on behalf of the holder of the right concerned, in paper or electronic form.

ARTICLE 3 - PRODUCTS

The responsibility of Alberabike can not be blamed for minor variations that could have persisted despite all the precautions taken in the representation of the products.

The majority of products offered to its customers by Alberabike are available in its store. In case of balance, the Customer will be notified within forty-eight (48) hours of the new delivery time.

ARTICLE 4 - RATES

The prices indicated on the Site are expressed in Euros and All Taxes included.

They do not include transportation costs unless specified. Alberabike reserves the right to modify these prices at any time. However, in case of revision, the selling prices will be those in force at the time of registration of the order.

Transport costs can be consulted at any time in the "basket" section of the Customer.

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

ARTICLE 5 - ORDERS

Any order validated by the Customer by "double click" (validation of the order in two steps) constitutes an irrevocable acceptance of the sales contract which can be questioned only within the limits provided in these terms and conditions of sale under the "right of withdrawal" and "out of stock". The "double click" ordering procedure associated with the authentication procedure and the protection of message integrity constitutes the validation of the sales contract.

Alberabike confirms the acceptance of its order to the Customer to the email address that it has communicated.

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

The information given by the Customer when placing an order is binding on the latter: in the event of an error in the addressee's address, Alberabike can not be held responsible for the impossibility of delivering the product. Any product delivered to the address indicated by the Customer will be considered as 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 billed to the latter.

In case of error by the company Alberabike on the content of the order of the Customer, the latter must contact Customer Service (SAV) before any return.

The return will be, if necessary, supported by the company Alberabike as part of a return to economic mode, and will be insured for the value of the goods.

Reservation of title clause (Law 80-335 of May 12, 1980)

Goods (parts, accessories and bicycles) remain our property until full payment of the invoice.

Signature preceded by the read and approved retention of title (Law 80-335 of May 12, 1980)

Goods (parts, accessories and bicycles) remain our property until full payment of the invoice.

ARTICLE 6 - PAYMENT OF THE PRICE

The price charged to the Customer is the price indicated on the order confirmation sent by Alberabike.

For deliveries outside mainland France, the Customer agrees to pay, if applicable, all taxes due on this account.

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

When ordering effectively, payments are made:

· By credit card online (Carte Bleue, VISA, Mastercard),

· By paiement 3-4 TIMES ONEY (see Article 14),

· By bank transfer,

· By Paypal,

The order validated by the Customer will not be considered effective until the settlement reaches Alberabike.

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

The information concerning the Customer's credit card is securely transmitted (128-bit SSL encryption) directly to the Alberabike banking partner's website. They do not pass through the Alberabike server. The latter only stores the payment method used.

In the event that Alberabike is held liable for damages resulting from an error in the debited sums, Alberabike may exonerate itself from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable, either to the consumer, or to the unpredictable and insurmountable fact 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, Alberabike agrees to return to its carrier all references ordered by the Customer, within a maximum of forty-eight (48) business hours, subject to availability of the item, and to inform the Client by e-mail. The tracking of the current delivery is also available on the Customer account.

For deliveries in metropolitan France, the carrier undertakes to deliver the order to Alberabike at the address provided by the Customer, within a time limit of twenty-four (24) to seventy-two (72). ) hours worked by Colissimo (Monday to Saturday), twenty-four (24) hours worked by Chronopost (Monday to Saturday). Any delivery is made between eight (8) hours and eighteen (18) hours to the address indicated by the Customer. In case of absence, the Customer is normally notified by post, email or SMS, depending on the chosen carrier.

For reasons of availability, an order can be delivered in several times to the Customer. The customer only pays for one delivery.

If the Customer chooses two (2) delivery locations, he will place two (2) orders, the respective delivery charges for each order being billed to him.

Alberabike undertakes to deliver the products ordered within a maximum of thirty (30) days from the date of the order. In the event of a delay of more than 7 days in relation to the expected delivery deadline, the Customer may terminate the contract of sale and be refunded within 30 days.

In case 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. This delivery note constitutes proof of receipt of the order.

It is the responsibility of the person who physically receives the order to indicate on the delivery note, in a detailed, precise and detailed manner, all the reservations that appear to him to be relevant.

In case of anomaly, it will be necessary to inform as soon as possible the customer service of Alberabike and to send to the carrier any complaint by registered letter with acknowledgment of receipt.

In case of loss or deterioration of the ordered products, the carrier opens an investigation, which must be closed within a maximum period of fifteen (15) days.

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

The Customer benefits from legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force.

In the event that the Customer refuses a delivery for non-conformity or defect of the ordered products, it is advisable to immediately contact the Alberabike customer service in the "Service" section on the Site, in order to determine the applicable procedure. and the place of return defined.

The Customer is informed that the points of delivery in "Point Relay" have for exclusive mission to allow the withdrawal of the goods ordered by the Customer. Indeed, the "Point Relais" are not entitled to take the goods back without the express agreement of Alberabike. Thus, the Customer can never go to a "Relay Point" to make the return of its delivery, unless it has received the prior agreement and written by email from Alberabike according to the return procedure indicated in the "Service" section on the Site. In the event that the Customer does not comply with the return procedure and goes to a "Point Relais" without the prior agreement of Alberabike to return the products ordered, the "Point Relais" would be entitled to refuse to take charge of the returned products.

The Customer has the legal period to make an exchange, request a credit or be refund the price, totally or partially in accordance with the provisions of Article L.211-10 of the Consumer Code.

All items must be returned with their accessories and notices, and, where possible, in their original packaging.

ARTICLE 8 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS

The transfer of ownership of Alberabike products, for the benefit of the Customer, will only be realized at the time of delivery of said products.

ARTICLE 9 - RIGHT OF WITHDRAWAL

9.1 The provisions of Articles L.121-20 et seq. Of the Consumer Code are expressly recalled.

Article L.121-20 of the Consumer Code: The consumer has a period of seven (7) days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception of where appropriate, return fees. The consumer may waive this deadline in case he can not move and where simultaneously he would need to appeal to an immediate benefit and necessary to its conditions of existence. In this case, he would continue to exercise his right of withdrawal without having to justify reasons or to pay penalties.

The period mentioned in the preceding paragraph runs from receipt for goods or acceptance of the offer for services.

When the information provided for in Article L.121-19 of the Consumer Code has not been provided, the period of exercise of the right of withdrawal is extended to three (3) months. However, when the provision of this information occurs within three (3) months from receipt of the goods or acceptance of the offer, it shall run the period of seven (7) days mentioned in the first paragraph.

When the period of seven (7) days expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.

Article L.121-20-1 of the Consumer Code: When the right of withdrawal is exercised, the trader must reimburse the consumer for all the sums paid, as soon as possible and at the latest in the thirty (30) ) days after the date on which the right was exercised. Beyond this, the sum due is, as of right, productive of interest at the legal rate in force. This repayment is made by any means of payment. On the proposal of the trader, the consumer who has exercised his right of withdrawal may however opt for another method of reimbursement.

9.2 Under the conditions set out in Article L.121-20 of the Consumer Code, the Customer has a withdrawal period of seven (7) clear days from the date of receipt of the products to return those goods. to the supplier:

SAV ALBERABIKE

ZAC, 22 Palau Road

66700 Argeles on the sea

la France

9.3 Any exchange or refund will be accepted only if the products are returned by post, preferably with delivery against signature, in perfect condition of resale, with their accessories and notices, in the seven (7) days of the reception.

Return costs will be the sole responsibility of the Customer. Alberabike is not responsible for lost returns.

9.4 Alberabike is obliged to exchange the products, or to refund the sums paid by the Customer, free of charge, with the exception of the return costs. The refund is due within a maximum of thirty (30) days. All refunds are made through the means of payment used by the Customer when ordering.

9.5 In case of exercise by the Customer of his right of withdrawal, when the price of the order, object of the withdrawal, is entirely or partially covered by a credit granted to the Customer, the credit agreement is terminated, without penalty.

9.6 Only items suitable for new marketing will be accepted in return.

9.7 To ensure proper handling of the request, the Customer is advised to keep Alberabike informed in good time and follow the detailed return procedure in the "Service" section of the Site. The Customer can never go to a "Relay Point" to return his delivery, without having received the prior written agreement by email from Alberabike.

9.8 Beyond the seven (7) day period of withdrawal, the Customer retains the right, for thirty (30) days, to return his articles for exchange or to have, under the same conditions as those provided above.

ARTICLE 10 - LIABILITY - GUARANTEE

10.1 Alberabike assumes, with respect to the Customer, the responsibility for the delivered products, in accordance with the regulations in force, and guarantees, consequently, this one against any claim, legal or amicable claim, resulting from the damages caused to the property than damage caused to persons by reason of the said goods.

10.2 Alberabike also guarantees the Customer, in accordance with the legal provisions, against any hidden defects affecting the products delivered and rendering them unfit for use, as well as any resulting harmful consequences, provided that the Customer reports the proof of hidden defect. The warranty for hidden defects must be brought within two years from the discovery of the defect.

10.3 The products sold on the Alberabike Website comply with the regulations in force in France.

In any event, Alberabike can not be held responsible for non-compliance with the regulatory and legal provisions in force in a receiving country other than France.

The Customer is solely responsible for the choice of products, their conservation and their use.

10.4 In accordance with the terms of Article L. 121-20-3 of the Consumer Code, Alberabike can not be held liable in the event of non-performance or improper performance of the present by the Customer, the unpredictable and insurmountable of any third party to the present ones or because of a case of force majeure as usually recognized by the French jurisprudence.

10.5 Unless the producer is not identifiable, Alberabike can not be held liable for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of the products marketed. The same is true for any modifications of the products resulting from the manufacturers.

Moreover, within the limits authorized by the Law, Alberabike can not be held liable for more than an amount corresponding to the amount of the transaction in which a dispute arose.

10.6 In addition to the legal guarantee of conformity and the legal guarantee of hidden defects, some products have a specific commercial guarantee. Where applicable, the warranty period for these products is specifically mentioned on their respective product sheets.

This warranty does not cover any equipment used in the competition or rental, damage due to wear and tear, misuse, absence or lack of maintenance, or any modification of the product. after delivery.

This warranty does not support either:

- the replacement of products known as consumables,

- non-compliant, irregular and abnormal use of products,

- the defects or specificities of a product mentioned in the article sheets,

- the defects and their consequences related to the improper use of the product for the purpose for which it is intended.

The Customer must return the defective product (s) directly to the supplier only after acceptance by e-mail or by telephone of the return service (SAV) of Alberabike.

The details of this return will be specified in the email sent to the Customer by the return service (SAV) Alberabike.

10.7 As part of this specific commercial warranty, all returns of defective parts are the responsibility of the Customer.

The costs of returning new or repaired equipment are borne by Alberabike. Any incomplete or partial return can not be taken as a guarantee. Any traces of modifications or disassembly will void the warranty.

For any additional information, the Customer can contact customer service by email at: contact@alberabike.fr

ARTICLE 11 - COMPUTERS AND FREEDOMS

Refer to the RGPG in the legal notices

This computer processing has been declared to the Commission Nationale Informatique et Libertés (CNIL) under number: 1390007.

The Customer has a right of access, modification, rectification and opposition, regarding the information concerning him, which he will send by simple mail to the company Alberabike, and justifying its identity:

ALBERABIKE

ZAC, 22 Palau Road

66700 Argeles on the sea

la France

Or by email at the following address: contact@alberabike.fr

On the occasion of browsing the Site, a cookie may be placed on the Customer's computer if the express consent of the latter has been collected on the Site, in view of the information provided by the Site on the purpose of cookies and the means available to the Customer to oppose it (Article 32, II of Law No. 78-17 of 6 January 1978, as amended by the Ordinance of 24 August 2011 on electronic communications).

A cookie does not identify the Customer. On the other hand, it allows to record information relating to the navigation of the computer on the Site, which can be read during subsequent visits and, in particular the hours and dates of consultation, the pages consulted, etc.

The personal data collected by Alberabike may be transferred abroad in the European Union (EU) or outside the EU in countries providing adequate protection of personal data.

You can unsubscribe at any time either by clicking on the link in all emails or by stipulating it on the address contact@alberabike.fr

ARTICLE 12 - COORDINATES OF THE COMPANY

ALBERABIKE

ZAC, 22 Palau Road

66700 Argeles on the sea

la France

Such. : 09 81 28 36 00

Email: contact@alberabike.fr

ARTICLE 13 - DISPUTES AND APPLICABLE LAW

All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are aimed at, will be subjected to the French right.

In case of difficulties in the application of these general conditions of sale, the Customer has the possibility, before any action in court, to seek an amicable solution including with the help of: a professional association of the branch, a consumer association or any other council of its choice.

It is recalled that the search for the amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee.

It is recalled that in general, and subject to the appreciation of the Courts, compliance with the provisions of these general conditions of sale relating to the contractual guarantee assumes that the Customer honors its financial commitments to Alberabike.

Any dispute that can not be resolved amicably, will fall under the competent French Courts, the Customer may choose the jurisdiction territorially competent of his choice.

For information, the headquarters of Alberabike is located within the jurisdiction of the courts of the Court of Appeal of Versailles.

ARTICLE 14 – PAYMENT 3-4 TIMES with oney

The customer hereby accepts Oney's legal notices accessible here. https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf

Payment of your order in 3 or 4 installments by credit card from purchases of €100 up to €3,000 with Oney Bank.

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3,000 in 3 or 4 instalments with your bank card.

Conditions: This offer is reserved for individuals (natural persons of legal age) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the financing chosen.

Cards with systematic authorization, in particular of the Electron, Maestro, Nickel type, etc., as well as e-cards, Indigo and American Express cards are not accepted.

Terms of subscription: After completing your order, simply click on the "payment button in 3x 4x Oney by credit card". You are then redirected to our partner's 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials linked to your 3x 4x Oney account.

You read the general conditions of payment in installments to which you wish to subscribe which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by the corresponding checkbox.

You acknowledge that the "double click" associated with the checkbox on the acknowledgment of the general conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of the general conditions of the product.

Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.

If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for the granting, management and credit recovery. Oney Bank reserves the right to accept or refuse your financing request in 3x 4x Oney.

You have a withdrawal period of 14 days to give up your credit.

Operation: Payment in 3 or 4 installments by credit card allows you to pay for the order made on our merchant site as follows:

- a mandatory contribution, debited on the day of confirmation of the shipment of your order;

- two or three monthly installments, each corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times, which include costs corresponding to 1 45% of the total amount of the order for a 3 instalment and 2.2% for a 4 instalment (within the limit of 15€ maximum for a payment in 3 instalments and 30€ maximum for a 4 instalment).

• Payment in 3 installments from 100€ of purchase and up to 3000€

Example: For a purchase of €150, contribution of €52.18 then 2 monthly payments of €50. Credit for a period of 2 months at a fixed APR of 19.31%. Cost of financing: €2.18 within the limit of €15 maximum.

• Payment in 4 installments from 100€ of purchase and up to 3000€

Example: For a purchase of €400, contribution of €108.80 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 19.61%. Cost of financing: €8.80 within the limit of €30 maximum. Oney Bank - SA with capital of €51,286,585

- Head office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197

- Orias number: 07 023 261 - www.orias.fr

- Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr