1 Identity of the company
PROBIKESHOP
.A.S. with capital of 350,000 euros
Registered office: 52 quai Rambaud - 69002 Lyon
983 316 951 R.C.S LYON
2. Purpose
These general conditions of sale (hereinafter the "GCS") govern the terms and conditions of sale of all products presented by the company "PROBIKESHOP", on its website www.probikeshop.fr (hereinafter the "Site"), to any person of legal age, having the status of consumer, within the meaning of the preliminary article of the French Consumer Code, as well as 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 GCS at any time. The modifications are enforceable against the Purchasers from the date they are put online and cannot be applied to transactions concluded previously. A copy of the GCS applicable at the date of the order is available on request from the Buyer.
Any order for a Product offered for sale on the Site implies full and complete acceptance of the GCS, which the Buyer acknowledges having read prior to ordering, by validating the corresponding checkbox when placing the order.
3.
The Buyer is not obliged to create an account prior to
any purchase on the Site
.
4. Products
4.1 Characteristics of the Products - Availability
In accordance with article L. 111-1 of the French Consumer Code, the Purchaser may, prior to placing an order, take note, on the Site, of the essential characteristics of the Product(s) he/she wishes to order.
Confirmation of the order guarantees the immediate availability of the Product for delivery under the conditions ofarticle 7 of the GCS.
If a Product is unavailable, the Buyer will be informed before the order is dispatched.
4.2. Choice of products
The Buyer must familiarize himself/herself with the Products and their characteristics. He chooses his Products, under his sole responsibility, according to his needs.
In particular, PROBIKESHOP shall not be held liable in the event of incompatibility between the Products ordered and the products used by the Buyer, the latter being the sole judge of the compatibility of the Products ordered with those already in use.
4.3. Information on the availability of spare parts within the meaning of Article L. 111-3 of the French Consumer Code
As a retailer of spare parts, PROBIKESHOP is not obliged to indicate 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 which themselves contain spare parts (such as "Complex Products"), unless otherwise indicated on the product sheets, no spare parts essential to their use are made available by the 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 put online.
5. Ordering
To place an order on the Site, the Buyer must comply with the following steps:
- Product selection: from among the various Product categories offered on the Site (tires, wheels, derailleurs, etc.), the Buyer selects one or more Products he/she wishes to order by clicking on the corresponding "ADD TO BASKET" button.
- Basket validation: the Buyer then clicks on "VIEW MY BASKET". He/she must then check that the prices, volumes and quantities of the Products appearing in the order summary, the "CART", correspond to his/her wish to purchase.
- Identification of the Buyer: to identify him/herself, the Buyer must enter his/her account identifier and password, create a customer account on the Site in accordance with article 3 of the GCS, or enter his/her Paypal account identifier.
- Choice of delivery method: the Buyer selects the delivery method proposed by PROBIKESHOP.
- Finalizing the order: the Buyer clicks on the "FINALIZE MY ORDER" button to finalize his/her order, then on the "VALIDATE AND PAY MY ORDER" button. By clicking on this button, the Buyer is reminded of his obligation to pay the price indicated.
- Acceptance of terms and conditions: the Buyer acknowledges the terms and conditions and accepts them by validating the corresponding checkbox to proceed to payment.
- Payment: The Purchaser chooses the method of payment and proceeds with payment of the order under the conditions defined in article 6.2 of the GTCS. The order is completed as soon as the Buyer has confirmed payment. In the case of credit card payment, bank details are not collected by PROBIKESHOP but by the Payplug financial institution.
- Order confirmation: the Buyer's order is confirmed by PROBIKESHOP, by sending an e-mail summarizing 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 on his/her customer account upon dispatch of the order.
6. Prices and terms of payment
6.1. Applicable price
The sale price of Products applicable on the Site is the price in force on the day the order is finalized by the Buyer. It is indicated in euros, inclusive of all taxes. Any change in the applicable tax rate will automatically be reflected in the price of Products sold by PROBIKESHOP.
The sale price of Products may be modified by PROBIKESHOP at any time and will be applicable to any order placed after the modification without the Buyer being able to claim the previous price.
Unless otherwise indicated, the price of Products does not include delivery charges.
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 full on the day the order is placed by the Buyer. Any incomplete payment not corresponding to the amount of the purchase will result in the cancellation of the order.
PROBIKESHOP will collect the full amount of the order.
The Buyer
guarantees PROBIKESHOP that he/she has the necessary authorizations to use the method of payment he/she has chosen when registering the order form.
PROBIKESHOP reserves the right to suspend or cancel the PROBIKESHOP reserves the right to cancel any order and/or delivery in progress, regardless of its nature and level of execution, in the event of non-payment of any sum due 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 verification and/or to proceed with payment by bank transfer, making the execution of the order subject to the satisfaction of these conditions.
7. Delivery and acceptance
7.1 General rules
Products will be delivered to the address indicated by the Buyer at the time of ordering.
Products may be delivered to the Purchaser's home address or to a network of "point relais".
7.2. Delivery times
Delivery times depend on the mode of transport chosen by the Buyer at the time of ordering.
PROBIKESHOP undertakes to respect the delivery times indicated, 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 Probikeshop failing to meet its obligation to deliver the goods on the date or at the end of the period stipulated in the first paragraph of article L. 216-1 or, failing this, no later than thirty days after the conclusion of the contract, the consumer may cancel the contract, by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined Probikeshop to make delivery within a reasonable additional period, the latter has not complied within this period.
The contract shall be deemed to have been terminated upon receipt by Probikeshop of the letter or writing informing it of such termination, unless Probikeshop has performed in the meantime.
The consumer may immediately cancel the contract if Probikeshop refuses to deliver the goods or if it does not fulfil its obligation to deliver the goods on the date or upon expiry of the period provided for in the first paragraph of Article L. 216-1, and this date or period 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 made by the consumer before the conclusion of the contract.
7.3. Receipt
If the parcel arrives damaged, open or soiled, it should be refused and the reasons for refusal indicated on the delivery note. It is also necessary to report the incident to PROBIKESHOP as soon 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 him to return Products ordered without having to justify the reason. This right may be exercised within a period of fourteen (14) days from the date of receipt of the order.
The withdrawal period is extended by PROBIKESHOP from fourteen (14) to thirty (30) days. It is expressly recalled that the conditions for exercising the right of withdrawal during the thirty (30) day period are identical to those applicable during the legal period of fourteen (14) days.
The conditions for exercising the right of withdrawal are defined below.
8.2 Exercise of the right of withdrawal
To exercise its right of withdrawal, the Buyer must inform PROBIKESHOP of its decision to withdraw, before the expiry of the period provided for in article 8.1 of the GTC, by any means. The decision to withdraw must be unambiguous. The customer may also send by post or electronically, the standard retraction form in Appendix 2 of the GTS, duly completed and signed. completed.
8.3 Return procedures and costs
Products must be returned in perfect condition for resale, in their original state, accompanied by the invoice or the Purchaser's contact details and the complete references of the order.
Any Product that is incomplete, spoiled or damaged in such a way as to affect its normal saleability will not be reimbursed.
The Buyer must return the Products within a maximum period of fourteen (14) days from the date of communication of his decision to exercise his right of withdrawal.
No other document is required for the Buyer to exercise his right of withdrawal.
The Buyer is responsible for return shipping costs.
8.4 Terms and conditions of reimbursement
The exercise of the right of withdrawal will give rise to a reimbursement made by the means used by the Buyer to pay 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. Warranties
Products are covered by :
- the legal guarantee of conformity,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
- the Manufacturer's warranty, depending on the Products and brands concerned.
9.1 Legal warranties
In accordance with Articles L. 217-4 to L. 217-14 of the French Consumer Code, PROBIKESHOP guarantees the conformity of Products sold on the Site.
When exercising the legal warranty of conformity, the Buyer :
- has a period of two (2) years from the date of delivery of the goods in which to take action;
- may choose between repairing or replacing the good, provided that this choice does not entail for PROBIKESHOP a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In this case, PROBIKESHOP shall be obliged to proceed, unless this is impossible, according to the method not chosen by the Buyer.
- the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
- the Buyer may decide to invoke the warranty against hidden defects of the item sold as defined in article 1641 of the French Civil Code. In this case, he/she may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
- All warranties are 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, accident or force majeure, and PROBIKESHOP's warranty is limited to the replacement or reimbursement of non-conforming or defective products.
In any event, legal warranties do not cover :
- replacement of consumables,
- abnormal and non-compliant use of Products,
- defects and their consequences due to abnormal intervention by the Buyer or a third party modifying the Product (such as repair),
- defects and their consequences due to use which does not conform to the use for which the Product is intended (professional, collective use, etc.).
The mandatory legal provisions are listed in Appendix 1.
9.2 Manufacturer's warranties
The extent of manufacturer's warranties varies according to the Products and brands concerned, and are available on the product data sheets on the Site.
All warranties are excluded in the event of misuse, negligence or defect. maintenance by the Buyer, or in the event of normal wear and tear, accident or force majeure.
In the event that the manual is not delivered with the Product, PROBIKESHOP will send the Customer the manual or a link to access it upon request.
The Product under warranty will, at the manufacturer's discretion, be exchanged or repaired.
9.3 Implementation of warranties
In the event of delivery of a Product that does not correspond to the order (damaged or non-compliant), claims must be addressed as soon as possible to PROBIKESHOP's Customer Service Department (hereinafter the "Customer Service Department"), using the means defined in article 13 of the GCS.
For any claim, the Buyer must provide PROBIKESHOP with its contact details, the references of the Product and any element that may justify the purpose of its claim. In this context, PROBIKESHOP may also ask the Buyer to provide photographs and explanations necessary to accelerate the processing of the claim.
A return number will be assigned to ensure that claims are processed quickly and efficiently.
If a Product is returned without a returns number, PROBIKESHOP cannot guarantee rapid processing of the claim.
The Product must be returned in its original condition and, if possible, in its original packaging, even if partially altered, with all of its accessories, if any, and accompanied by any additional information required for the rapid 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 on the claim.
PROBIKESHOP shall bear the cost of returning the non-conforming Product, except in the event that the Product taken back or exchanged does not correspond to the original declaration made by the Buyer.
10. Liability
The Products offered by PROBIKESHOP comply with current French legislation.
In accordance with article L. 221-15 of the French Consumer Code, PROBIKESHOP shall not be held liable for non-performance of the contract in the event of fault on the part of the Buyer, for a fortuitous 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. PROBIKESHOP shall in no event be liable for any damages resulting from the use of, access to, or inability to use such third-party information, nor for the content of other websites.
11. Intellectual property
The content of the Site, the GTC, photographs, layouts, computer graphics, is the property of PROBIKESHOP and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
12. Customer service and order tracking
For any information, the Buyer may contact PROBIKESHOP Customer Service:
- by telephone at the following number: 04 41 52 04 19,
- by e-mail at the following address contact@probikeshop.com
13. Applicable law - Settlement of disputes - Mediation
13.1 Applicable law
Contracts for the sale of Products concluded on the Site between any Buyer and PROBIKESHOP are subject to French law.
However, in accordance with Article 6.2 of the European "Rome 1" Regulation, the Buyer may, in any event, benefit from the application of mandatory consumer protection provisions applicable in his country of residence, which would be more favorable to him.
13.2 Dispute resolution and mediation
In the event of a dispute between the professional and the consumer, the two parties will endeavor to find an amicable solution.
If the Customer Service department's request for a complaint fails, or in the absence of a response from this department, the Buyer may submit the dispute free of charge to the Association of European Mediators (AME CONSO), the mediator to which PROBIKESHOP belongs, which will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The consumer ombudsman may be contacted :
- either by completing the appropriate form on the AME CONSO website: www.mediationconso-ame.com;
- or by writing to AME CONSO, 11 Place Dauphine - 75001 PARIS.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Should the dispute persist, the Buyer may refer the matter to the competent courts.
APPENDIX 1
Reminder of texts governing legal warranties
Article L. 217-4 of the French Consumer Code
"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility under the contract or was carried out under his responsibility".
Article L. 217-5 of the French Consumer Code
"The good conforms to the contract:
- If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use 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 the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them".
Article L. 217-7 of the French Consumer Code
"Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the good or the claimed lack of conformity".
Article L. 217-8 of the French Consumer Code
"The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to the materials used. itself supplied".
Article L. 217-9 of the French Consumer Code
"In the event of a lack of conformity, the buyer may choose between repair and replacement.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer".
Article L. 217-10 of the French Consumer Code
"If repair or replacement of the good is 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 available to him:
- If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer's complaint;
- Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and their intended use.
However, the sale may not be rescinded 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 is free of charge for the buyer.
These same provisions do not preclude the award of damages".
Article L. 217-12 of the French Consumer Code
: "Action resulting from a lack of conformity is barred after two years from the date of delivery of the goods".
Article L. 217-13 of the French Consumer Code
"The provisions of the present section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law".
Article L. 217-14 of the French Consumer Code
"The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the French Civil Code".
Article L. 217-15 of the French Consumer Code
"A commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price, replace or repair the good, or provide any other service related to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in 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 failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of 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 him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the date of the buyer's request for service or from the date the goods in question are made available for repair, if the goods are made available after the request for service.
Article 1641 of the French Civil Code
: "The seller is bound by the warranty for hidden defects in the item sold, which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, if he had known of them".
Article 1642 of the French Civil Code
: "The seller is not bound by apparent defects of which the buyer has been able to convince himself".
Article 1642-1 of the Civil Code
"The seller of a building to be constructed cannot be relieved, either before acceptance of the work, or before the expiry of a period of one month after the purchaser has taken possession, of construction defects or conformity faults which are apparent at the time.
There shall be no right to rescind the contract or reduce the price if the seller undertakes to make good the defect".
Article 1643 of the French Civil Code
: "He is liable for hidden defects, even if he is unaware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee".
Article 1644 of the 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 defects in the thing, he is bound, in addition to restitution of the price he received, to pay all damages to the buyer".
Article 1646 of the French Civil Code
: "If the seller was unaware of the defects, he will only be bound to refund the price and reimburse the buyer for the costs incurred by the sale".
Article 1647 of the Civil Code
: "If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be held towards the buyer to the restitution of the price and to the other compensations explained in the two preceding articles.
However, loss due to a fortuitous event will be for the buyer's account".
Article 1648 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity".
APPENDIX 2
Standard withdrawal form
(Please complete and return the form only if you wish to withdraw from the contract).
For the attention of PROBIKESHOP, S.A.S. with capital of 350,000 euros, whose registered office is located at 52 quai Rambaud - 69002 Lyon, registered under number 983 316 951 with the R.C.S de LYON.
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following item(s) (*) :
- Ordered on (*) / Received on (*) :
- Name of Customer(s) :
- Address of Customer(s) :
Signature of Customer(s) (only in the case of notification of this form on paper) :
Date:
(*) Delete as appropriate.
Version of the Probikeshop General Terms and Conditions of Sale as of April 16, 2024.
