(Version 1, March 2016)
Article 1 Definitions
The "Website": the website www.core-mtb.com managed and run by the company CORE MOUNTAIN BIKES.
"Customer": this is any natural or legal person having passed an order on the Site.
"Order": online purchase act of product.
The "Legal Notice" available at (integrate the links to your imprint) inform any user, client or not, the identity of the operator and the host of the website and on the access conditions the Site.
The "Register": Action allows a user to become a client and be able to spend order.
"Product": product offered for sale on the Site. Products offered on the site are of three types:
- A bike assembled by CORE MOUNTAIN BIKES as bicycle parts (brakes, frames, wheels ...) chosen by the Customer;
- A new bicycles;
- New Bicycle Frames;
The "Basket": all the products selected to place an order.
Article 2 Purpose
These Terms and Conditions are intended to set conditions and terms of sale of the Products to customers.
This article is supplemented by the Legal Notice CORE - Legal notice.
Article 3 Identification of the Customer - Acceptance of these conditions
The client declares to be legally emancipated minor or major. The customer provides the website a mailing address and a valid email; Customer ensures their validity in time.
Customer must create a personal space on the site in which he must inform the information specified as mandatory.
The customer chooses a username and personal password. At the end of each session, the customer must ensure that he leaves his personal space. Customer is responsible for maintaining the password and personnal space confidentiality, and is fully responsible for any act involving the use of their username and password. In case of loss or theft of username and / or password, or when used by an unauthorized third party, the customer must immediately contact the website.
The Client explicitly recognizes its duty full payment of their Order.
Personal space Guest contain:
- Customer's profile
- the catalog,
- Classical control: blank order to complete,
- The express order: after the first order customer has access to a good pre-filled order with the latest control components. This form facilitates the next command, just add or remove lines of products and / or change quantities.
- A schedule of withdrawal.
Customer can check in his personal space the orders of the last twelve (12) months.
For control and creation of personal space, customer acknowledges having read, understood and accepted these Terms. Customer reiterates its agreement to these Terms with each new order.
In case of change of access financial policy, introduction of a new product or changes in any other substantial modality provided herein, these Terms will be revised. Customer shall consult regularly to keep informed of any changes.
Article 4 Control of Products
For sales in France and in the European Union, the products will be sold at the current price on the date of registration of the order as displayed on the website. The prices are in euros including tax, excluding shipment fees. The value added tax is included at the rate applicable for the relevant products (in the member State concerned). If the rate of value added tax should be changed, those changes will be reflected in the prices of products, without notify customer.
For sales made in Switzerland or in a country outside from Europe the products will be sold at the current price on the date of registration of the order as displayed on the website. Prices are in euros excluding taxes, excluding shipment fees. The customer acknowledges and agrees to take steps to carry out may be payable to the (s) product (s) to the competent body in the country to which the client belongs.
To place an order, the Customer selects the products and put them in his cart. At any time the customer can check the products in the basket, add or remove them. Based on the products in the cart, the customer is informed of the related transportation costs.
To confirm the order, customer must click on the link "Order". The customer is then asked to pay on the payment platform dedicated (see rules below). A confirmation email is sent to the Client.
The customer has to pay the amount of transportation costs, including taxes. Shipping costs are proportional to the product ordered and to the delivery location (France, Corsica or other countries of the European Union). The shipping price is fixed on the order.
Article 5 Availability of Products
The website will honor the orders within the limits of its available stocks and deliveries from its suppliers.
In case of non availability of the product ordered, or in case of non acceptance by the Customer of the delivery period, CORE MOUNTAIN BIKES offer a replacement product to the Customer which will retain the discretion to accept or reject it. In case of refusal, the amounts already levied for or unavailable products will be re-credited to the account debited within thirty (30) days.
Article 6 Payment
Payments are cash on order by:
- Credit card online. The website accept credit cards, Visa and Mastercard. Communicated bank details are neither known nor kept by the website, they are only control data between the client and the bank. In case of failure of payment by credit card, the products are not delivered and the order is automatically canceled,
- Transfer payment between the Customer's account and CORE MOUNTAIN BIKES bank account,
- Through PAYPAL platform. PAYPAL allows the customer to pay online without sharing financial information during the transaction. The Customer must inform their email address and password. To use this payment method, the Customer have a PAYPAL account with the company. In case of payment by PAYPAL, what are the general conditions of use PAYPAL apply. For more information, visit the https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full website.
Article 7 Collect
Customer may collect his order directly to CORE MOUNTAIN BIKES. Customer choose this option when validation of his Order
The Client indicates a day and time of passage.
CORE MOUNTAIN BIKES is located:
4 Street of the Voigera, 25500 Les Fins (France)
CORE MOUNTAIN BIKES phone number is: 0033 (0) 3 81 44 09 59 and 0033 (0) 6 84 54 83 29.
Article 8 Delivery
CORE MOUNTAIN BIKES can delivery in the following countries: Austria, Belgium, Croatia, Denmark, Estonia, Finland, metropolitan France (including Corsica), Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, Russia, Slovakia, Sweden and Switzerland.
For any other destination, the Customer must contact CORE MOUNTAIN BIKES.
Products are delivered to the delivery address stated in the order by the customer.
If deliverables on different dates because of their availability, delivery time is based on the longer period. The website will send the entire order in a single delivery.
Delivery times given in the order are only indicative as dependent on delivery providers of CORE MOUNTAIN BIKES.
For customers, in accordance with Articles L.138-1 and following of the Consumer Code, failing any indication or agreement as to the date of delivery or performance, the website delivers the product without undue delay and within thirty days after the validation of the Order.
The site will make every effort to deliver the products within the time specified above. If it is impossible for the website to deliver the product ordered within the specified time, it will inform the customer in writing. However, any excess of the limit will result in no damages and interest, withholding or cancellation of the order by the customer.
Upon receiving the product, the Customer must check the condition of the packaging and the products upon delivery. For each delivery (CHRONOPOST or COLISSIMO) any damaged package must be presented consistently refused. The delivery shall refer specific reserves.
Any package agreed is considered to meet Customer's expectations.
Rejected deliveries or to the wrong address will be the subject of a new delivery at Customer's expenses.
Article 9 Retention of title
Products delivered remain the property of CORE MOUNTAIN BIKES until the Client has fulfilled all its obligations in respect of CORE MOUNTAIN BIKES, particularly until full payment of the price, if any, plus interest at the legal rate.
Article 10 Right of withdrawal for customers
In accordance with Article L.121-21 of the Consumer Code, the Customer has a right of withdrawal within fourteen (14) business days of receipt of the product ordered. This right of withdrawal must be exercised by registered letter with acknowledgment of receipt without having to justify reason or pay penalties. CORE MOUNTAIN BIKES will refund the full amount paid, except for the product return costs which remain the responsibility of the consumer.
The reimbursement occurred by recrediting the bank account, no later than fourteen (14) days from the date the customer has exercised his right of withdrawal.
If the Product is returned incomplete or damaged, CORE MOUNTAIN BIKES may refuse to refund or apply a discount depending on the diagnosis performed by the after-sales service of the website.
CORE MOUNTAIN BIKES acknowledge the withdrawal of the customer.
Article 11 Returns
Any return, regardless of the motive or the reason is due to the customer. The Product must be addressed through CHRONOPOST at the operator of the website specified in the Legal Notice. The product should be placed carefully in its original packaging intact.
This package must achieve CORE MOUNTAIN BIKES in good condition. The package that has been opened will be closed properly and Products of unopened package. All packaging should be original. It must be received in the offices of CORE MOUNTAIN BIKES in perfect condition for resale, which means that the customer must take steps to protect the maximum product for its return transport.
A package received crashed or one of whose products it contains is missing, crashed, or been opened will not be accepted and will not be recoverable.
Each product returned must always be accompanied by the return form available on the website [put the link to the form]. The site will respond to the Customer by communicating a return code and address where to send the products.
Reimbursement will be made within 10 working days by bank transfer or check.
Article 12 Non-compliance - Defective Products
The Client is responsible for the choice of products, their storage and use. CORE MOUNTAIN BIKES therefore can not accept any return for this reason. Products sold on the website comply with the regulations.
If the product received does not meet the characteristics specified in the Order, the consumer customer may require substituting CORE MOUNTAIN BIKES. All products benefit from the legal guarantee of compliance and the guarantee against hidden defects, provided by Article 1641 of the Civil Code.
Under these guarantees, the only obligation of CORE MOUNTAIN BIKES is, at its option, free replacement or repair of the product or component recognized faulty unless that remedy is impossible or disproportionate.
Shipping costs shall be borne by the customer who may not claim any compensation in case of immobilisation of the object due to the implementation of the guarantee.
For Defective Products with a defect, the customer must indicate contact information, delivery note number, the references of the product listed on the delivery note and description of defects. CORE MOUNTAIN BIKES will refund of the Product. The return of products in the event of product error, defect or non-compliance will be accepted for complete products in their original packaging intact, with all accessories, instructions and documentation all in a new carton with a copy of the purchase invoice. In the above case, any shipping costs will be reimbursed to the Customer.
At any reason whatsoever, the guarantees do not cover: abnormal or improper use of products in relation to their documentation; defects and their consequences related to improper use for the purpose for which the product is intended; defects and their consequences related to any external cause.
Article 13 Distinctive elements of the site - Intellectual property
The domain www.core-mtb.com is protected. This element can not be used without the express permission of its owner. It is the same for the distinctive emblems of the partners.
Customer acknowledges that content, including but not limited to, text, database products, computer programs, music, sound, photographs, graphics, videos on the Site are protected by copyright, trademark law or any other rights and laws on intellectual property. Customer acknowledges that it may use these elements and information as expressly laid down in these limits.
Reproduction of all or part of the website for any purpose other than consultation of the website or the placement of an order is prohibited without the permission of CORE MOUNTAIN BIKES.
Article 14 Comments, criticisms, communications and other content
Website users may send her criticisms, comments and other content; submit suggestions, ideas, questions or any other information as the content is not illegal, obscene, abusive, threatening, defamatory, contravening the rights of intellectual property, or prejudicial with thirds and does not consist or does not contain computer viruses, political activism, commercial solicitation, mass mailing, chains or any other form of "spam."
The user does not use a false email address, impersonate any person or entity or misrepresent the origin of content. CORE MOUNTAIN BIKES reserves the right, in its sole discretion, remove or edit any content.
Article 15 Liability
Access to and operation of the website
The website is based on technologies developed by others. CORE MOUNTAIN BIKES is committed to implement all necessary means to ensure continued access to the website. However, to ensure the technical maintenance of the website, access may be interrupted occasionally. Wherever possible, the website will attempt to notify customers. The Customer must ensure the compatibility of its hardware and software installed to access on the website.
CORE MOUNTAIN BIKES disclaims any liability for any damage that may result from the unavailability of the website or a problem connecting to the site.
Taking and execution of an order on the website
The website can not be held liable for breach of the order in case of shortage or unavailability of the product either in its own stocks or those of its supplier.
The responsibility of the website will be incurred only if it is established that the damage resulted denounced his own doing and if there is a direct and certain causal link between the alleged fault and the damage.
In any event CORE MOUNTAIN BIKES responsibility towards the Client shall in no case result in payment of damages beyond the amount of care supported by the professional liability insurance CORE MOUNTAIN BIKES.
Loss or fraudulent use of passwords / username
The website shall not be liable for any loss or damage resulting from the loss or the fraudulent use of passwords, the Client ID.
Article 16 Insurance
The website claims to be insured, including professional liability, from a reputable company and update all insurance policies to cover any damage caused to the Customer or any third consecutive execution or "breach" of the Terms.
The website undertakes to send to the Client on request, evidence of his professional liability insurance.
Article 17 Data Protection
The site maintains the following data:
- Information given at registration to open a personal space to pass control;
- Information given to the Order, if the entry is made;
- In accordance with applicable law, time, duration, and connection of the IP address of each visit to the website.
This data can be provided on request of the judicial authority.
In accordance with Law No. 78-17 of 6 January 1978, called IT and Freedoms, the database and related treatments has been declared to CNIL under number n ° 1942794 v 0.
Any personal data concerning the Customer is collected directly on the website. The Customer can oppose, access, rectify and delete the personal data concerning him, with the exception of IP addresses, in accordance with the regulations on the retention of such data. To exercise its rights, the customer must simply send an email to the website at the following email address: firstname.lastname@example.org .
By signing or by simply waving Order, Customer gives permission for a possible transfer of other French partners to registration data or domiciled in an EU member state or any state recognized by the CNIL as leading a data protection policy.
Article 18 Application of the Terms - Severability - Interpretation
These Terms of Site legally binding contract and the Site and the Customer.
The fact that the website not to exercise, at any time, a prerogative recognized by these Terms shall in no way be construed as an express or implied waiver of the right to exercise that prerogative in the future.
Moreover, recognition of the invalidity of a provision shall not affect the validity of the remainder of the contract and any other clause.
In case of contradiction between any provision of these Terms, the Legal Notice or other notice on the website, it should uphold these Terms and Conditions.
Article 19 Applicable Law, Litigation and Jurisdiction
These Terms and any document or content published on the Site are subject to French law.
Any complaints should be addressed to CORE MOUNTAIN BIKES in writing to the registered office address:
CORE MOUNTAIN BIKES,
4 rue de la Voigera, 25500 Les Fins (France).
In case of failure of the claim application or absence of a reply within two months, the Client may, if they wish, submit the dispute to the Order or to the Terms opposing CORE MOUNTAIN BIKES with existing sectoral mediation bodies or any alternative means of dispute resolution in case of dispute (http://www.economie.gouv.fr/mediation-conso/des-mediateurs-pour-chaque-litige).
Any dispute in the interpretation and enforcement of these Terms shall be brought before the competent courts of Belfort.