GENERAL TERMS AND CONDITIONS OF SALE
In force as of 31/07/2023
ARTICLE 1 - Scope
The present General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Customers or the Customer") wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.mototrailadventure.fr. The Products offered for sale on the site are as follows:
- Accessoires pour moto trail et maxi trail
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.mototrailadventure.fr, which the customer is required to review before placing an order.
The choice and purchase of a Product are the sole responsibility of the Client.
The product offers are subject to availability, as specified at the time of placing the order.
These T&Cs are accessible at any time on the website www.mototrailadventure.fr and will prevail over any other document.
The Client declares that they have read these General Terms and Conditions and accepted them by ticking the box provided for this purpose before proceeding with the online ordering process on the website www.mototrailadventure.fr.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact details are as follows:
Ludovic WAFLARD
2 allée Royale 51230 Connantre
Registration number: 948 919 253
Email : contact@mototrailadventure.fr
ARTICLE 2 - Price
The Products are provided at the current prices listed on the website www.mototrailadventure.fr, at the time of the order being recorded by the Seller.
The prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts that may be granted by the Seller on the website www.mototrailadventure.fr.
These prices are fixed and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to change the prices at any time.
The prices do not include processing, shipping, transport, and delivery fees, which are charged additionally, under the conditions stated on the site and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
A bill is issued by the Seller and handed to the Client upon delivery of the ordered Products.
ARTICLE 3 – Order
It is the Client's responsibility to select on the website www.mototrailadventure.fr the Products they wish to order, according to the following terms:
The customer selects their products which they place in their basket.
A basket that they can modify to add, change or remove the items it contains.
The customer will then confirm their order by accepting the present terms and conditions.
The customer will log in or register to then select the delivery method and fill in their delivery details and finally enter the necessary payment information.
Payment is immediate and the order is confirmed as soon as it is processed.
The order will be prepared on the next working day if the products are in stock, and finally, delivery will be made once preparation is complete.Tracking is available and sent to the customer, allowing them to follow the progress of their order until delivery.
The product offers are valid as long as they are visible on the site, subject to availability.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the website www.mototrailadventure.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Client will be able to track the progress of their order on the site.
Any cancellation of the order by the Client will only be possible before the delivery of the Products (regardless of the provisions relating to the application or otherwise of the legal right of withdrawal).
ARTICLE 3 Bis - Customer Area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form that will be provided to him at the time of his order and agrees to provide sincere and accurate information regarding his civil status and contact details, including his email address.
The Client is responsible for updating the information provided. It is specified that they can modify it by logging into their account.
To access their personal space and order history, the Client must identify themselves using their username and password, which will be communicated to them after their registration and are strictly personal. As such, the Client is prohibited from disclosing this information. Otherwise, they will remain solely responsible for any use made of it.
The Client may also request their unsubscription by visiting the dedicated page in their personal space or by sending an email to: contact@mototrailadventure.fr. This will be effective within a reasonable timeframe.
In the event of non-compliance with the general terms and conditions of sale and/or use, the site www.mototrailadventure.fr will have the option to suspend or even close a customer's account after a formal notice sent electronically that has remained ineffective.
Any account deletion, regardless of the reason, results in the complete and total removal of all personal information of the Client.
Any event due to a case of force majeure resulting in a malfunction of the site or server, and subject to any interruption or modification in the event of maintenance, does not engage the Seller's liability.
The creation of the account implies acceptance of these general terms and conditions of sale.
ARTICLE 4 - Payment Conditions
The price is paid via secure payment, according to the following terms:
- paiement par carte bancaire
The price is payable in full by the Client on the day the order is placed.
The payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in the banking transactions carried out on the site www.mototrailadventure.fr.
The payments made by the Client will only be considered final after the Seller has actually received the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Client if the latter does not pay the full price in accordance with the conditions stated above.
ARTICLE 5 - Deliveries
The products ordered by the Client will be delivered in mainland France.
Deliveries are made within a period of Generally 3 working days to the address provided by the Customer when placing their order on the site.
The delivery consists of the transfer to the Client of physical possession or control of the Product. Unless in special cases or unavailability of one or more Products, the ordered Products will be delivered all at once.
The Seller agrees to make every effort to deliver the products ordered by the Client within the timeframes specified above.
If the ordered Products have not been delivered within 3 days after the end of the delivery period following the indicative delivery date, for any reason other than force majeure or the fault of the Client, the sale may be resolved at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a specific request from the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional charge, based on a quote previously accepted in writing by the Client.
The Client is required to check the condition of the delivered products. They have a period of 30 days from the date of delivery to submit claims by email (contact@mototrailadventure.fr specifying [CLAIM] and the order number in the subject line of the email) or by post (Moto Trail Adventure - claims department - 2 allée Royale 51230 Connantre), accompanied by all relevant supporting documents (including photos). After this period and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defects, and no claim will be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at their own expense, the delivered Products for which defects of conformity or apparent or hidden faults have been duly proven by the Client, in accordance with the provisions of articles L 217-4 and following of the Consumer Code and those provided in these General Terms and Conditions.
The transfer of the risks of loss and deterioration related to it will only take place when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk and peril, except when the Client has chosen the carrier themselves. In this respect, the risks are transferred at the moment the goods are handed over to the carrier.
ARTICLE 6 - Transfer of Ownership
The transfer of ownership of the Seller's Products to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - Right of Withdrawal
According to the provisions of Article L221-18 of the Consumer Code
"For contracts providing for the regular delivery of goods over a defined period, the time limit begins from the receipt of the first good."
The right of withdrawal can be exercised online, using the attached withdrawal form which is also available on the website, or by any other unambiguous statement expressing the intention to withdraw, including by postal mail addressed to the Seller at the postal or email contact details provided in ARTICLE 1 of the General Terms and Conditions.
Returns must be made in their original condition and complete (packaging, accessories, instructions...) allowing for their resale as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be processed within 30 days from the receipt by the Seller of the Products returned by the Customer in accordance with the provisions of this article.
ARTICLE 8 - Seller's Liability - Warranties
The Products supplied by the Seller benefit from:
of the legal warranty of conformity, for defective, damaged or impaired Products or those not corresponding to the order,
of the legal warranty against hidden defects arising from a defect in materials, design or manufacture affecting the delivered products and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is obliged to deliver goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when the latter has been placed under their responsibility by the contract or has been carried out under their responsibility.”
Article L217-5 of the Consumer Code
“The goods are in accordance with the contract:”
1° If it is suitable for the usual purpose expected of a similar item and, where applicable:
- s'il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ;
- s'il présente les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ;
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special purpose sought by the buyer, which has been communicated to the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
“The action resulting from a lack of conformity is subject to a limitation period of two years from the delivery of the goods.”
Article 1641 of the Civil Code.
“The seller is liable for the warranty due to hidden defects in the sold item that render it unfit for the intended use, or that diminish that use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they been aware of them.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer requests the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilisation of at least seven days shall be added to the duration of the warranty that remained to run. This period begins from the buyer's request for intervention or from the availability of the item for repair, if this availability is subsequent to the request for intervention.”
In order to assert their rights, the Client must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the moment of their discovery.
The Seller will refund, replace or repair the Products or parts under warranty that are deemed non-compliant or defective.
The shipping costs will be refunded based on the charged rate, and the return costs will be refunded upon presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and no later than 30 days following the Seller's identification of the non-compliance or hidden defect. This refund may be made by bank transfer or cheque.
The Seller's liability cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as well as in the case of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the Seller's liability.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect.
ARTICLE 9 - Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site www.mototrailadventure.fr are as follows:
Account opening
When creating a customer/user account:
Last name, first name, mailing address, phone number, and email address.
Payment
As part of the payment process for Products offered on the website www.mototrailadventure.fr, the website records financial data relating to the Customer/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Restriction of processing
Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller shall retain the data thus collected for a period of 5 years, covering the applicable limitation period for contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and User Rights
In accordance with the regulations applicable to personal data, Customers and users of the www.mototrailadventure.fr website have the following rights:
They may update or delete data concerning them in the following manner:
- by logging into their account and modifying their information.
They may delete their account by writing to the email address indicated in Article 9.3 “Data Controller.”
They may exercise their right of access to find out what personal data is held about them by writing to the address indicated in Article 9.3 “Data controller.”
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller.”
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller.”
They may also request the portability of data held by the Seller to another service provider.
Finally, they may object to the processing of their data by the Seller.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or email to the Data Controller, whose contact details are indicated above.
The data controller must respond within a maximum period of one month.
If the Customer's request is refused, the reasons for the refusal must be provided.
The Customer is informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box indicating that they agree to receive informational and promotional emails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the website www.mototrailadventure.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These Terms and Conditions and the transactions arising therefrom are governed by and subject to French law.
These Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaints, please contact customer service at the seller's postal address or email address indicated in ARTICLE 1 of these T&Cs.
The Customer is informed that, in any event, they may resort to conventional mediation through existing sectoral mediation bodies or any other alternative dispute resolution method (e.g., conciliation) in the event of a dispute.
In this case, the designated mediator is
E-commerce mediator for FEVAD (French Federation of E-commerce and Distance Selling)
60 rue la Boétie
Paris, 75008
France
E-mail : mediateurduecommerce@fevad.com
The Customer is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these Terms and Conditions of Sale that cannot be settled amicably between the seller and the buyer or through mediation shall be submitted to the competent courts under the conditions of ordinary law.
ANNEXE I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.mototrailadventure.fr, except in cases of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable Terms and Conditions of Sale.
For the attention of Ludovic WAFLARD
2 allée Royale 51230 Connantre
I hereby notify you of my withdrawal from the contract for the following item:
- Order dated (indicate date)
- Order number: ...........................................................
- Client Name: ...........................................................................
- Customer address: .......................................................................
Customer Signature (only if this form is submitted on paper)