1. Company Identity
PROBIKESHOP
S.A.S. with a share capital of 350,000 euros
Registered office: 52 quai Rambaud - 69002 Lyon
983 316 951 R.C.S LYON
2. Purpose
These general terms and conditions of sale (hereinafter the "GTC") govern the terms and conditions of sale of all products offered by the company "PROBIKESHOP" on its website www.probikeshop.fr (hereinafter the "Site"), to any adult individual acting as a consumer within the meaning of the introductory article of the French Consumer Code, possessing the legal capacity and residing in the following geographical territories: Metropolitan France, Corsica, French Overseas Departments and Territories, Member States of the European Union (hereinafter the "Buyer").
PROBIKESHOP reserves the right to modify the GTC at any time. Modifications are binding on Buyers as soon as they are posted online and cannot apply to previously concluded transactions. A copy of the GTC applicable on the date of the order is available upon request by the Buyer.
Any order for a Product offered for sale on the Site entails full and unreserved acceptance of the GTC, which the Buyer acknowledges having read prior to placing the order by ticking the relevant box during checkout.
3. Prerequisites for any purchase on the site
The Buyer is under no obligation to create an account prior to any purchase on the Site.
4. Products
4.1 Product characteristics - Availability
In accordance with Article L. 111-1 of the French Consumer Code, the Buyer may, prior to placing their order, familiarise themselves on the Site with the essential characteristics of the Product(s) they wish to order.
Order confirmation guarantees immediate availability of the Product for delivery under the conditions of Article 7 of the GTC.
In the event of a Product being unavailable, the Buyer will be informed prior to the dispatch of their order.
4.2. Product selection
The Buyer must familiarise themselves with the Products and their characteristics. They select their Products under their sole responsibility, according to their needs.
In particular, PROBIKESHOP may not be held liable in the event of incompatibility between the ordered Products and the products used by the Buyer, the latter being, in fact, solely responsible for assessing the compatibility of the ordered Products with those they already use.
4.3. Information on the availability of spare parts within the meaning of Article L. 111-3 of the French Consumer Code
It is reiterated that, as a retailer of spare parts, PROBIKESHOP is not required to specify the duration of availability of these parts, which do not fall within the scope of Article L. 111-3 of the French Consumer Code.
For other Products that themselves contain spare parts (such as "Complex Products"), unless otherwise stated on the product sheets, no spare parts essential for their use are made available by manufacturers.
Nevertheless, PROBIKESHOP guarantees that spare parts compatible with Complex Products are available on the Site for a period of two (2) years from the date the product is listed online.
5. Order
To place an order on the Site, the Buyer must follow these steps:
- Product selection: from the various categories of Products offered on the Site (tyres, wheels, derailleurs, etc.), the Buyer selects one or more Products they intend to order by clicking on the corresponding "ADD TO BASKET" button.
- Basket confirmation: the Buyer then clicks on "VIEW MY BASKET". They must then check that the prices, volumes and quantities of the Products appearing in the order summary, the "BASKET", correspond to their intended purchase.
- Buyer identification: to identify themselves, the Buyer must enter their account ID and password, create a customer account on the Site in accordance with Article 3 of the GTC, or enter their PayPal account credentials.
- Choice of delivery method: the Buyer selects the delivery method offered by PROBIKESHOP.
- Finalising the order: the Buyer clicks on the "COMPLETE MY ORDER" button to finalise their order, then on the "CONFIRM AND PAY FOR MY ORDER" button. By clicking on this button, the Buyer is reminded of their obligation to pay the indicated price.
- Acceptance of the GTC: the Buyer reads the GTC and accepts them by ticking the corresponding box to proceed to payment.
- Payment: The Buyer selects the payment method and proceeds to pay for the order under the conditions defined in Article 6.2 of the GTC. The order is placed as soon as the Buyer has confirmed the payment. In the case of payment by credit/debit card, bank details are not collected by PROBIKESHOP but by the financial institution Payplug.
- Order confirmation: the Buyer's order is confirmed by PROBIKESHOP by sending an email summarising the contents of the order.
This document constitutes proof of the order and must be kept by the Buyer as proof of purchase.
The invoice is also made available to the Buyer in their customer account upon dispatch of their order.
6. Prices and payment terms
6.1. Applicable price
The selling price of the Products applicable on the Site is the price in force on the day the order is finalised by the Buyer. It is indicated in euros, inclusive of all taxes. Any change in the rate of applicable taxes will be automatically reflected in the price of Products sold by PROBIKESHOP.
The selling price of the Products may be modified by PROBIKESHOP at any time and will apply to any order placed after the modification, without the Buyer being able to claim the previous price.
Unless stated otherwise, the price of the Products does not include delivery costs.
Delivery charges are indicated before order confirmation, in accordance with Article 4 of the GTC, and are invoiced to the Buyer in addition to the price of the Products.
6.2 Payment terms
All orders are payable in euros.
The price is payable in cash, in full on the day the order is placed by the Buyer. Any incomplete payment not matching the purchase amount will result in the cancellation of the order.
The collection of the full order amount will be carried out by PROBIKESHOP.
The Buyer can also pay for their order in instalments via our partner Alma
The Buyer warrants to PROBIKESHOP that they hold any necessary authorisations to use the chosen payment method when placing the order.
PROBIKESHOP reserves the right to suspend or cancel any ongoing order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum that may be owed by the Buyer, or in the event of a payment incident.
In the event of suspected fraud, PROBIKESHOP reserves the right to request any proof of identity from the Buyer, to carry out any appropriate checks, and/or to require payment by bank transfer, making the execution of the order conditional upon these requirements being met.
7. Delivery and receipt
7.1 General rules
Products will be delivered to the address indicated by the Buyer when placing their order.
The Buyer can have their order delivered to their home or to a pick-up point network.
7.2. Delivery times
Delivery times depend on the choice of transport method made by the Buyer when placing their order.
PROBIKESHOP undertakes to adhere to the indicated delivery times, in accordance with Article L. 216-1 of the French Consumer Code.
In accordance with Article L.216-2 of the French Consumer Code, in the event of failure by Probikeshop to fulfil its obligation to deliver the good on the date or by the expiry of the deadline provided for in the first paragraph of Article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed Probikeshop, under the same terms, to make the delivery within a reasonable additional period, the latter has not performed within that period.
The contract is deemed terminated upon receipt by Probikeshop of the letter or written notice informing it of this termination, unless Probikeshop has fulfilled its obligation in the meantime.
The consumer may immediately terminate the contract where Probikeshop refuses to deliver the goods or where it fails to fulfil its obligation to deliver the goods on the date or by the expiry of the deadline provided for in the first paragraph of Article L. 216-1 and this date or deadline constitutes an essential condition of the contract for the consumer.
This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer prior to the conclusion of the contract.
7.3. Receipt
If the parcel arrives damaged, opened, or soiled, it is advised to refuse it and state the reasons for refusal on the delivery slip. It is also necessary to report the incident to PROBIKESHOP as quickly as possible by contacting Customer Service.
8. Right of Withdrawal
8.1 Withdrawal period
In accordance with Article L. 221-18 et seq. of the French Consumer Code, the Buyer has a right of withdrawal allowing them to return the ordered Products without having to give any reason. They may exercise this right within a period of fourteen (14) days from the date of receipt of their order.
The withdrawal period is extended by PROBIKESHOP from fourteen (14) to thirty (30) days. It is expressly reiterated that the conditions for exercising the right of withdrawal during the thirty (30) day period are identical to those applicable during the statutory fourteen (14) day period.
The terms and conditions for exercising the right of withdrawal are set out below.
8.2 Exercising the right of withdrawal
To exercise their right of withdrawal, the Buyer must inform PROBIKESHOP of their decision to withdraw before the expiry of the period provided for in Article 8.1 of the GTC, by any means. Their decision to withdraw must be unambiguous. They may also send, by post or email, the standard withdrawal form set out in Appendix 2 of the GTC, duly completed.
8.3 Return terms and costs
Products must imperatively be returned in perfect condition for resale, in their original condition, and accompanied by the invoice or the Buyer's contact details and full order references.
Any Product that is incomplete, damaged or deteriorated in such a way that its normal resale would be affected will not be reimbursed.
The Buyer must return the Products within a maximum of fourteen (14) days from the communication of their decision to exercise their right of withdrawal.
No other document is required for the Buyer to exercise their right of withdrawal.
Return shipping costs are to be borne by the buyer.
8.4 Refund timeframe and methods
Exercising the right of withdrawal will result in a refund made using the same payment method used by the Buyer when paying for the order.
The refund will be made no later than fourteen (14) days from the date on which PROBIKESHOP was informed of the Buyer's decision to withdraw.
9. Guarantees and warranties
The Products benefit from:
- the legal guarantee of conformity,
- the legal guarantee against hidden defects arising from a material, design, or manufacturing defect affecting the delivered Products and rendering them unfit for use,
- the Manufacturer's warranty, depending on the Products and brands concerned.
9.1 Legal guarantees
In accordance with Articles L. 217-4 to L. 217-14 of the French Consumer Code, PROBIKESHOP ensures the conformity of the Products sold on the Site.
When claiming under the legal guarantee of conformity, the Buyer:
- has a period of two (2) years from delivery of the goods to take action;
- may choose between the repair or replacement of the good, provided that this choice does not entail a cost for PROBIKESHOP that is manifestly disproportionate to the other option, taking into account the value of the good or the significance of the defect. In such a case, PROBIKESHOP will be required to proceed, unless impossible, according to the option not chosen by the Buyer.
- the legal guarantee of conformity applies independently of any commercial warranty that may have been granted.
- the Buyer may decide to invoke the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this scenario, they can choose between cancellation of the sale or a reduction in the selling price in accordance with Article 1644 of the French Civil Code.
- Any warranty is excluded in the event of misuse, negligence, or lack of maintenance by the Buyer, as well as in the event of normal wear and tear of the good, accident, or force majeure, and PROBIKESHOP's liability is limited to the replacement or refund of non-compliant or defective products.
In any event, legal guarantees do not cover:
- the replacement of consumables,
- abnormal and non-compliant use of the Products,
- defects and their consequences resulting from abnormal intervention by the Buyer or a third party modifying the Product (such as a repair),
- defects and their consequences related to use not in accordance with the intended purpose of the Product (commercial use, collective use, etc.).
Mandatory statutory provisions are set out in Appendix 1.
9.2 Manufacturer warranties
The scope of manufacturer warranties varies depending on the Products and brands concerned and is available on the product pages on the Site.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear of the goods, accident or force majeure.
In the event that the user guide/manual is not delivered with the Product, and upon simple request from the Buyer, PROBIKESHOP will send them the user guide/manual or a link allowing access to it.
The Product under warranty will be, at the manufacturer's discretion, replaced or repaired.
9.3 Implementation of guarantees and warranties
In the event of delivery of a Product that does not match the order (damaged or non-compliant), complaints must be sent as soon as possible to PROBIKESHOP Customer Service (hereinafter "Customer Service"), using the means defined in Article 13 of the GTC.
For any claim, the Buyer must provide PROBIKESHOP with their contact details, the Product references, and any information supporting the subject of their claim. In this context, PROBIKESHOP may also request that the Buyer provide the necessary photographs and explanations to expedite the processing of their claim.
For the prompt and efficient processing of claims, a return number will be assigned.
In the event of a Product being returned without prior assignment of a return number, PROBIKESHOP cannot guarantee prompt processing of the claim.
The Product must be returned in its original condition and, if possible, in its original packaging even if partially damaged, with all its accessories if any, and accompanied by any additional information allowing for prompt processing of the claim. In the event of depreciation of the Product resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning, PROBIKESHOP reserves the right to make any reservations regarding the claim.
The return costs for a non-compliant Product are borne by PROBIKESHOP, except in cases where the returned or exchanged Product does not correspond to the original declaration made by the Buyer.
10. Liability
The Products offered by PROBIKESHOP comply with the French legislation in force.
In accordance with Article L. 221-15 of the French Consumer Code, PROBIKESHOP cannot be held liable for non-performance of the contract in the event of fault by the Buyer, for an unforeseen reason, or in the event of force majeure as defined in Article 1218 of the French Civil Code.
The Site also contains information from third parties and links to other websites. Under no circumstances may PROBIKESHOP be held liable for damages resulting from the use of, access to, or inability to use this third-party information, nor for the content of other websites.
11. Intellectual property
The content of the Site, the GTC, photographs, layouts, and computer graphics are the property of PROBIKESHOP and are protected by French and international intellectual property laws.
Any full or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of intellectual property rights.
12. Customer service and order tracking
For any information, the Buyer may contact PROBIKESHOP Customer Service:
- by telephone at the following number: 04 51 42 04 19,
- by email to the following address: contact@probikeshop.com
13. Applicable law – Dispute resolution - Mediation
13.1 Applicable law
Contracts for the sale of Products concluded on the Site between any Buyer and PROBIKESHOP are governed by French law.
Nevertheless, in accordance with Article 6.2 of the European Regulation known as "Rome I", the Buyer may, in any event, benefit from the application of mandatory consumer protection provisions applicable in their country of residence that are more favourable to them.
13.2. Dispute resolution and mediation
In the event of a dispute between the trader and the consumer, they shall endeavour to find an amicable solution.
In the event of a dispute between the trader and the consumer, they shall endeavour to find an amicable solution.
In the absence of an amicable settlement, the consumer has the option of referring the matter free of charge to the consumer mediator covering the trader, namely AVENIR CONSO within one year of sending the written complaint to the trader.
Referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AVENIR CONSO website : https://www.avenir-conso.com/
- or by post sent to AVENIR CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
If the dispute persists, the Buyer may refer the matter to the competent courts.
APPENDIX 1
Summary of legal texts governing legal guarantees
Article L. 217-4 of the French Consumer Code
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when this has been charged to it by the contract or carried out under its responsibility".
Article L. 217-5 of the French Consumer Code
"The goods conform to the contract:
- If it is fit for the use customarily expected of a similar good and, where applicable:
- if it matches the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given public statements made by the seller, by the producer, or by their representative, particularly in advertising or labelling;
- Or if it presents the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter".
Article L. 217-6 of the French Consumer Code
"The seller is not bound by public statements made by the producer or their representative if it is established that the seller was not aware of them and could not reasonably have been aware of them".
Article L. 217-7 of the French Consumer Code
"Lack of conformity appearing within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the good or the alleged lack of conformity".
Article L. 217-8 of the French Consumer Code
"The buyer is entitled to require that the good conforms to the contract. However, they cannot challenge conformity by invoking a defect that they knew of or could not have been unaware of when they entered into the contract. The same applies when the defect originates in materials supplied by the buyer themselves".
Article L. 217-9 of the French Consumer Code
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may choose not to proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer".
Article L. 217-10 of the French Consumer Code
"If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded.
The same option is open to them:
- If the solution requested, proposed, or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
- Or if this solution cannot be implemented without major inconvenience to the consumer, taking into account the nature of the goods and the intended use sought.
Cancellation of the sale may not, however, be granted if the lack of conformity is minor".
Article L. 217-11 of the French Consumer Code
"The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer.
These same provisions do not prevent the award of damages".
Article L. 217-12 of the French Consumer Code
"Action resulting from a lack of conformity lapses two years after delivery of the goods".
Article L. 217-13 of the French Consumer Code
"The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as arising from Articles 1641 to 1649 of the French Civil Code or any other contractual or non-contractual action recognised by law".
Article L. 217-14 of the French Consumer Code
"Recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code".
Article L. 217-15 of the French Consumer Code
"A commercial warranty means any contractual commitment by a trader to the consumer to reimburse the purchase price, replace or repair the goods or provide any other service related to the goods, in addition to their legal obligations to ensure the conformity of the goods.
The commercial warranty is subject to a written contract, a copy of which is provided to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor.
Furthermore, it mentions clearly and precisely that, independently of the commercial warranty, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects of the item sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the French Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely upon it".
Article L. 217-16 of the French Consumer Code
"When the buyer asks the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of movable property, for a repair covered by the warranty, any period of immobilisation of at least seven days is added to the remaining duration of the warranty.
This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available occurs after the request for intervention".
Article 1641 of the French Civil Code
"The seller is bound by the guarantee against hidden defects of the item sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would only have given a lesser price for it, had they known about them".
Article 1642 of the French Civil Code
"The seller is not liable for apparent defects of which the buyer was able to convince themselves".
Article 1642-1 of the French Civil Code
"The seller of a building to be constructed cannot be discharged, either before the acceptance of works, or before the expiry of a period of one month after the purchaser takes possession, from construction defects or defects of conformity apparent at that time.
There shall be no cancellation of the contract or price reduction if the seller undertakes to repair".
Article 1643 of the French Civil Code
"The seller is bound by hidden defects, even if they were unaware of them, unless, in that case, they stipulated that they would not be bound by any guarantee".
Article 1644 of the French Civil Code
"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded".
Article 1645 of the French Civil Code
"If the seller knew of the vices of the item, they are liable, in addition to reimbursing the price received for it, for all damages towards the buyer".
Article 1646 of the French Civil Code
"If the seller was unaware of the defects of the item, they shall only be bound to restore the price and reimburse the purchaser for the costs incurred by the sale".
Article 1647 of the French Civil Code
"If the item that had defects has perished as a result of its poor quality, the loss falls upon the seller, who shall be liable to the buyer for the restitution of the price and other damages explained in the two preceding articles.
However, loss occurring by fortuitous event shall be at the buyer's expense".
Article 1648 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be discharged from apparent vices or defects of conformity".
APPENDIX 2
Standard withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of PROBIKESHOP, S.A.S. with a share capital of 350,000 euros, whose registered office is located at 52 quai Rambaud - 69002 Lyon, registered under number 983 316 951 with the LYON Trade and Companies Register (R.C.S.).
I/We (*) hereby give notice that I/we (*) withdraw from the contract for the sale of the following good (*)/or goods (*):
- Ordered on (*) / Received on (*):
- Name of Customer(s):
- Customer(s) address:
Signature of the Customer(s) (only if this form is submitted on paper):
Date:
(*) Delete as appropriate.
Probikeshop General Terms and Conditions of Sale version as of 16 April 2024.
