TERMS OF SALES

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TERMS OF SALES


PREAMBLE

These General Conditions of Sale apply to all orders placed by consumers (art. 13 of the French Civil Code) and entrepreneurs (art. 14 of the Commercial Code) (both hereinafter referred to as the "Customer") ) from the company:

Marc Duchesne, acting under the commercial name “Pyrenees Cycling Group”, registered auto-entrepreneur RCS Pau 384 873 519, 64000 Pau, France
Quartier St-Michel, 64360 Lucq-de-Béarn, France Telephone: +33 (0) 681 330 960 E-mail: marc@pyreneescycling.cc
(hereinafter referred to as “Pyrenees Cycling Group”).

PYRENEES CYCLING GROUP is a company specializing in the marketing, design and manufacture of cycles and cycle parts (Road, Gravel, others), to a Clientele (hereinafter “the Client” or “the Clients”).


ARTICLE 1 – SCOPE OF APPLICATION

These general conditions of sale apply, without restriction or reservation, to all products offered for sale by PYRENEES CYCLING GROUP. Consequently, any order automatically implies acceptance of these General Conditions which take precedence over any general conditions of purchase and/or specific documents from the Customer. This is why, before any order validation, the Customer must consult and validate the general conditions of sale. PYRENEES CYCLING GROUP reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.


ARTICLE 2 – PRODUCT DESCRIPTION

PYRENEES CYCLING GROUP makes every effort to ensure the accuracy of the information provided to the customer, whether on the website or on any other document. However, it is possible that errors, inaccuracies, omissions and other types of errors may occur. The images and descriptions of the products presented may differ from reality, in particular due to their specific manufacturing and their individual customization. Product photos are for illustrative purposes only. PYRENEES CYCLING GROUP cannot be held responsible if the information is inaccurate or incomplete. The Customer is therefore invited to refer to the description of each product in order to know its properties and particularities, in particular with regard to the characteristics sought and the customization desired when initially submitting the quote, and the detailed plan in a second time.


ARTICLE 3 – PRICES

The prices indicated on the quote are expressed in Euros and all taxes included. PYRENEES CYCLING GROUP reserves the right to modify these prices at any time. The price of the bike is indicated delivered to the workshop, without shipping. The total price indicated in the quote by PYRENEES CYCLING GROUP is the final price. The payment itself will only be considered final after actual receipt of funds by PYRENEES CYCLING GROUP.


ARTICLE 4 – ORDERS

Any quote validated by the Customer by signature or deposit of a deposit constitutes irrevocable acceptance of the sales contract which can only be called into question within the limits provided for in these general conditions of sale under the right of withdrawal . This right of withdrawal is not applicable to ROYAL ASPORT bicycles due to their unique and personalized nature, see ARTICLE 12.
The procedure for placing an order by signature constitutes validation of the sales contract. PYRENEES CYCLING GROUP will then confirm acceptance of its order to the Customer at the email address that the Customer has provided. The sale will only be concluded once the entire amount of the order has been collected by PYRENEES CYCLING GROUP, and subject to the availability of the elements necessary to complete the order.
The information provided by the Customer in the quote binds the latter: in the event of an error in the wording of the recipient's contact details, PYRENEES CYCLING GROUP cannot be held responsible for the impossibility in which it may be able to deliver the product.
In the case of a reshipment due to a lack of information on the part of the Customer, the new delivery will be invoiced to the latter.
In the event of an error on the part of PYRENEES CYCLING GROUP on the content of the Customer's order, the latter must contact customer service (e-mail: contact@pyreneescycling.cc) before any return. The return will, where applicable, be covered by PYRENEES CYCLING GROUP as part of an economical return, and will be insured up to the value of the goods.
In the event of unavailability of an element necessary to complete the order, PYRENEES CYCLING GROUP reserves the right to offer the customer an equivalent or superior element. If, despite our research, no replacement solution proposed satisfies the customer, the order for the element concerned may be canceled in whole or in part, at the initiative of PYRENEES CYCLING GROUP, and the amount paid corresponding to this element will be refunded to the customer. without it being possible to demand damages.
PYRENEES CYCLING GROUP reserves the right to refuse or cancel any order from a Customer with whom it is in dispute for a previous order, or if PYRENEES CYCLING GROUP reasonably considers that the Customer has violated the General Conditions, or that he engaged in fraudulent activity, or for any other legitimate reason.
It is expressly agreed between the parties that written consent of proof of the obligations undertaken may be provided by the computer records of orders kept by PYRENEES CYCLING GROUP. This method of proof, which the Customer recognizes as valid, is admissible regardless of the amount of the order.
Taking into account the principle of definitive validation of the order set up by PYRENEES CYCLING GROUP, no modification of the order definitively validated, by validation of the quote, then the drawing, will be accepted by PYRENEES CYCLING GROUP.
Payment of a deposit will be mandatory for any order of frames or complete bikes. The amount paid will not be refunded in the event of cancellation by the Customer. Payment of a deposit constitutes proof of purchase and is equivalent to signing the order form. Also, we will ask you to pay a 50% non-refundable deposit to validate your order. Receipt of payment allows registration on the production waiting list.


ARTICLE 5 – PAINTING

The painting of ROYAL ASPORT SAS frames will be validated during the quote and, at the latest, when the drawing is submitted. PYRENEES CYCLING GROUP cannot guarantee compliance with a color if the reference is simply indicated by the provision of a photo. The placement of the logos is given for information purposes and PYRENEES CYCLING GROUP reserves the right to modify the placement of the latter according to the constraints of creating the frame. The ROYAL ASPORT brand, model and logo are systematically painted, anodized, polished or microblasted.

PYRENEES CYCLING GROUP reserves the right to refuse a painting request (including a choice of color, a logo or a specific pattern) if PYRENEES CYCLING GROUP considers that this choice is not compatible with the brand image.


ARTICLE 6 – DEADLINES

The deadlines are indicated for information purposes only and may vary depending on the evolution of the projects within the waiting list without any recourse being able to be initiated. PYRENEES CYCLING GROUP undertakes to deliver any bicycle order within a maximum period of 24 weeks from the date of payment of the deposit, subject to good compliance by the customer with his obligations (no modification of the quote after validation final, payment deposited when ordering). Before this deadline, no delivery delay can entitle the Customer to compensation, price reduction, reimbursement or cancellation of the order.


ARTICLE 7 – PAYMENT OF THE PRICE

The price invoiced to the Customer is the price indicated on the quote sent by PYRENEES CYCLING GROUP after return thereof validated by the customer. For deliveries outside mainland France, the customer undertakes to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the country of receipt of the product. the command. PYRENEES CYCLING GROUP therefore disclaims all liability in the event that the Customer has not paid these taxes.
When ordering, payment is made either by bank transfer, Paypal or Credit Card.
The order validated by the Customer will only be considered effective when payment has been received by PYRENEES CYCLING GROUP.
Payment is made in full upon ordering.


ARTICLE 8 – DEFAULT OR LATE PAYMENT

In accordance with the provisions of articles L. 441-6 and D. 441-5 of the Commercial Code, any sum due and unpaid when due will automatically give rise to – a lump sum compensation for recovery costs in the amount of 40 euros, and will bear interest at a rate set at three times the legal interest rate. The Customer must also reimburse PYRENEES CYCLING GROUP for all additional costs incurred by the litigation recovery of the sums due, including the fees of ministerial officers.


ARTICLE 9 – DELIVERIES

The delivery date will be validated after completion of the finishing (polishing/microblasting/painting/anodizing) of the frame.

9.1 – Delivery of accessories and spare parts.
Our goods travel at the recipient's risk, even when shipped free of charge. Inspection of the delivered products must take place upon receipt of the goods. It is up to the recipient to make the necessary reservations with the carrier within 3 days following receipt, in accordance with article L 133-3 of the Commercial Code. Without prejudice to the arrangements to be made with the carrier, the Customer must inform PYRENEES CYCLING GROUP by registered letter with acknowledgment of receipt within 3 days following the day of delivery of any apparent defects or lack of conformity of the goods delivered.
The letter with a copy of the delivery note should be sent to the following address:
PYRENEES CYCLING GROUP 13 Chemin de Barthes,
St-Michel district F-64360 Lucq-de-Béarn France.

Otherwise, the goods will be considered accepted by the Customer. Unloading is the responsibility of the recipient. It is up to the Customer to provide all justification as to the reality of the defects or anomalies noted. He must allow PYRENEES CYCLING GROUP every opportunity to identify this defect and remedy it. He will refrain from intervening himself or involving a third party for this purpose. Any defect or poor workmanship recognized after contradictory examination only obliges PYRENEES CYCLING GROUP to replace, free of charge, the goods recognized as defective, to the exclusion of any operating loss or additional damage. Notification of a dispute, by mail or by any other means, does not exempt the Customer from paying the invoice on the due date stipulated in the contract.

9.2 – Delivery of bicycles.
PYRENEES CYCLING GROUP recommends taking delivery of your bike to the workshop in order to carry out handling, provide usage advice and possibly share an outing in our Pyrenees In the event that the customer cannot travel to the workshop to collect your bike, removal by transport may be carried out, at the expense and risk of the Customer.


ARTICLE 10 – TRANSFER OF PROPERTY – TRANSFER OF RISKS

The transfer of ownership of PYRENEES CYCLING GROUP products to the benefit of the Customer is carried out only after full payment of the price by the latter, regardless of the delivery date of said products. On the other hand, the transfer of risks of loss and deterioration of PYRENEES CYCLING GROUP products will be carried out upon delivery of the products to the customer, or to the carrier if the customer does not travel himself to collect his bike.


ARTICLE 11 – RIGHT OF WITHDRAWAL

11.1 – Products manufactured individually by PYRENEES CYCLING GROUP
All products leaving the ROYAL ASPORT workshop such as frames, forks, seat posts, stems and complete bicycles made to measure and produced specifically for the customer according to their requirements are not subject to the right of withdrawal, due to the unique nature such products. In accordance with article L121-20-2 of the Consumer Code, which stipulates that “the right of withdrawal cannot be exercised for contracts for the supply of goods made according to the consumer's specifications”, it cannot be taken back or exchange.

11.2 – Spare parts and accessories
Under the conditions provided for by article L.121-20 of the Consumer Code, the Customer has a withdrawal period of fifteen (15) clear days from the date of delivery of the products to return them. to the supplier:
PYRENEES CYCLING GROUP 13 Chemin de Barthes,
St-Michel district F-64360 Lucq-de-Béarn France.

Any exchange or refund will only be accepted on the condition that the products are returned by post with delivery against signature in their original packaging and in perfect condition for resale, with their accessories and instructions, without trace of use or damage. assembly, within fifteen (15) days of delivery. Return costs will be the sole responsibility of the Customer.
PYRENEES CYCLING GROUP is not responsible for lost returns: the package must be sent by registered mail with acknowledgment of receipt.
PYRENEES CYCLING GROUP is required to exchange the products, or reimburse the sums paid by the Customer, free of charge, with the exception of return costs. Reimbursement is due within a maximum of thirty (30) days. All refunds are made via the payment method used by the Customer when ordering. Products received incomplete, damaged or soiled and not accompanied by their original accessories will not be accepted for return.
To ensure that their request is properly handled, the Customer must keep PYRENEES CYCLING GROUP informed in a timely manner. To do this, the Customer will comply with the return procedure indicated to them by PYRENEES CYCLING GROUP, under penalty of refusal.


ARTICLE 12 – LIABILITY – GUARANTEE

Frames and parts meet the global standard related to ISO4210 safety requirements.

12.1 – guarantee for non-framework products manufactured by PYRENEES CYCLING GROUP
One year from the invoice date, except wearing parts and in the event of misuse or modification of the product. The guarantee is strictly limited to the replacement of parts recognized as defective within the framework of the legal guarantee. The costs of labor, dismantling and replacement of parts remain the responsibility of the customer, as well as shipping and return costs. The products sold by PYRENEES CYCLING GROUP comply with current international regulations. In any event, PYRENEES CYCLING GROUP cannot be held responsible for non-compliance with the regulatory and legislative 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.
In accordance with the terms of article L. 121-20-3 of the Consumer Code, the liability of PYRENEES CYCLING GROUP cannot be engaged in the event of non-performance or poor execution of these presents due to the Customer, unforeseeable and insurmountable by any third party herein or due to a case of force majeure as usually recognized by French case law. Furthermore, within the limits authorized by the Law, the liability of PYRENEES CYCLING GROUP cannot be incurred beyond an amount corresponding to the amount of the transaction on the occasion of which a dispute arose. In addition to the legal guarantee of conformity and the legal guarantee against hidden defects, certain products benefit from a specific commercial guarantee. Where applicable, the warranty period for these products is specifically mentioned in their instructions for use. This guarantee does not cover equipment used in competition or rental, damage linked to wear, misuse, absence or lack of maintenance, or any modification made to the product. after its delivery.
This warranty also does not cover:
the replacement of so-called consumable products,
non-compliant, irregular and abnormal use of products,
the defects or specificities of a product mentioned in the item sheets,
defects and their consequences linked to non-compliant use of the product for the use for which it is intended.
The Customer must return the defective product(s) directly to the supplier only after acceptance by email or telephone from PYRENEES CYCLING GROUP. The detailed terms of this return will be specified in the email sent to the Customer by PYRENEES CYCLING GROUP. All returns of defective parts remain the responsibility of the Customer. The costs of returning new or repaired equipment are, for their part, covered by PYRENEES CYCLING GROUP. Any incomplete or partial return cannot be taken into account as a guarantee. Any traces of modifications or dismantling will void the warranty.
For any additional information, the Customer can contact PYRENEES CYCLING GROUP by email at: contact@pyreneescycling.cc

12.2 – specific frame guarantee
ROYAL ASPORT frames are specifically guaranteed for 99 years, to the first purchaser only, against any manufacturing defect, under the conditions of use of the bicycles. The following damages are excluded from this guarantee:
caused by an impact or a fall,
due to improper handling or overloading,
due to a manifest lack of maintenance or the use of unsuitable products for maintenance or cleaning,
due to improper use or on inappropriate terrain,
appearance of rust, particularly under varnished paintwork
occurring following a repair which was not carried out in our workshops,
caused to the paint following projections of gravel, acid sweating, prolonged exposure in a humid or saline environment.
thread damage due to non-compliance with tightening torques or unsuitable screws.
Any modification to the frame such as painting, stripping, drilling and any other alteration, i.e. anything affecting the integrity of the frame, voids all current warranties.
The customer must notify PYRENEES CYCLING GROUP of any change in component configuration, in order to guarantee good compatibility of the components. Any change or addition of equipment not validated by PYRENEES CYCLING GROUP will result in the cancellation of the warranty.
Our warranty obligation is expressly limited to the replacement or repair of the defective part or part. No compensation can be claimed in the event of immobilization. PYRENEES CYCLING GROUP, however, undertakes to provide Customers with a solution at a lower cost if any damage mentioned above occurs.
PYRENEES CYCLING GROUP cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country. The liability of PYRENEES CYCLING GROUP is systematically limited to the value of the product in question, value on its date of sale and without possibility of recourse against the brand or the company producing the product.

12.3 – Responsibility
PYRENEES CYCLING GROUP cannot be held responsible for damages of any nature, whether material, immaterial or bodily, which could result from malfunction or misuse of the products sold. Consequently, PYRENEES CYCLING GROUP recommends that users of its equipment strictly comply with the texts and safety instructions.


ARTICLE 13 – INTELLECTUAL PROPERTY
All documents given or transmitted to the Customer, as well as the contents of the site www.pyreneescycling.cc (texts, logos, photos, etc.) are the exclusive property of PYRENEES CYCLING GROUP, its named suppliers and the entities having granted a right of use to PYRENEES CYCLING GROUP. The contents are protected by French and international copyright and intellectual property laws. Therefore, any reproduction, in whole or in part, is strictly prohibited without written authorization from PYRENEES CYCLING GROUP.


ARTICLE 14 – COMPANY CONTACT DETAILS
PYRENEES CYCLING GROUP 13 Chemin de Barthes,
St-Michel district F-64360 Lucq-de-Béarn France.
Email: contact@pyreneescycling.cc


ARTICLE 15 – LEGAL INFORMATION

The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide information will result in the order not being validated. In accordance with the “Informatique et Libertés” law, the customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him, which he can practice with PYRENEES CYCLING GROUP. In addition, PYRENEES CYCLING GROUP undertakes not to communicate, free of charge or in exchange for compensation, the contact details of its customers to a third party, unless the customer agrees.


ARTICLE 16 – DISPUTES AND APPLICABLE LAW

All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law. In the event of difficulties in the application of these general conditions of sale, the Customer has the possibility, before any legal action, to seek an amicable solution in particular with the help of: a professional association in the sector, a consumer association or any other council of its choice. Please note that the search for an amicable solution does not interrupt the legal guarantee period, nor the duration of the contractual guarantee. It is recalled that as a general rule, and subject to the assessment of the Courts, compliance with the provisions of these general conditions of sale relating to the contractual guarantee presupposes that the Customer honors its financial commitments to PYRENEES CYCLING GROUP. In the event of a dispute, the Customer will contact PYRENEES CYCLING GROUP as a priority to obtain an amicable solution. Within the limits authorized by French law, in the event of a dispute, exclusive jurisdiction is attributed to the Commercial Court of Pau (64), regardless of the place of delivery and the method of payment accepted.


Latest version: MARCH 2022

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