General terms and conditions of sale
The present terms and conditions of sale (hereinafter the “Terms and Conditions”) apply to all purchases made by an Internet user / natural person (hereinafter the “CUSTOMER”) on the website www.pulse-bikeparts.fr/ or www.bemor-bikeparts. fr/ (hereinafter the “SITE”) from JF BIKES , SAS registered in the Saint-Etienne Trade and Companies Register under number 809 941 974 00028, having its registered office at 1 boulevard Louis Dupin 42600 Montbrison, France Tel : 04 77 76 73 40, email : contact@pulse-bikeparts.com or contact@bemor-bikeparts.com (hereinafter the “SELLER” or “Pulse®” or “Bemor®”).
IMPORTANT
Any order taken for a product appearing in the online store of the website www.Pulse-bikeparts.fr or www.bemor-bikeparts.fr implies the prior consultation of the present terms and conditions.
Consequently, the CLIENT acknowledges that he/she is fully aware of the fact that his/her agreement to the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website store. The consumer has the option of saving or editing these general terms and conditions, it being specified that both saving and editing of this document are the sole responsibility of the consumer.
The consumer declares that he/she has full legal capacity to enter into these terms and conditions.
JF BIKES reserves the right to modify these terms and conditions at any time.
Article 1. Definitions
The terms used hereinafter have the following meanings in these General Terms and Conditions:
“CUSTOMER": means the co-contractor of the SELLER, who warrants that he/she is a consumer as defined by French law and jurisprudence. As such, it is expressly stipulated that this CLIENT is acting outside of any usual or commercial activity.
“RETAILER": refers to the SELLER's co-contractor, who guarantees to be a retailer/reseller of products purchased on the site. As such, it is expressly stipulated that this RETAILER acts exclusively via a professional and declared activity and having access to an authorized BtoB account.
“DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
“PRODUCTS": refers to all products available on the SITE.
“TERRITORY": refers to Metropolitan FRANCE (excluding DOM/TOM).
Article 2. Subject
These Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from additional contractual conditions.
Article 3. Acceptance of terms and conditions
The CLIENT or RETAILER undertakes to read these General Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.
The present General Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted before placing an order. The CLIENT or RETAILER is invited to carefully read, download and print the General Terms and Conditions, and to keep a copy.
The SELLER advises the CLIENT or RETAILER to read the General Conditions with each new order, as the latest version of said Conditions applies to all new orders of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the order, the CLIENT or RETAILER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
Article 4.1 Purchase of products on the site by a CLIENT
In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if he/she is a minor, be able to justify the agreement of his/her legal representatives.
The purchase of PRODUCTS is only conditional upon the creation of a customer account by completing the registration form via the icon at the top right of the SITE home page, or via the following direct URL links:
- http://www.bemor-bikeparts.com/fr/connexion?create_account=1
- http://www.pulse-bikeparts.fr/fr/connexion?create_account=1
The CLIENT will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the SELLER to process the CLIENT's order. The CLIENT can check the status of his order on the SITE. If necessary, DELIVERY can be tracked using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail, at contact@pulse-bikeparts.com or contact@bemor-bikeparts.com, to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
Article 4.2 Purchase of products on the site by a RETAILER
In order to purchase a PRODUCT, the RETAILER must be at least 18 years old and have the legal capacity to act on behalf of the company he/she represents.
To open a retailer account, click on the icon in the top right-hand corner of the SITE home page, or use the following direct URL links:
- http://www.bemor-bikeparts.com/fr/connexion?create_account=1
- http://www.pulse-bikeparts.fr/fr/connexion?create_account=1
The RETAILER will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the RETAILER's order to be processed by the SELLER. The RETAILER can check the status of his order on the SITE. Where applicable, DELIVERY can be tracked using the online tracking tools of certain carriers. The RETAILER may also contact the SELLER's sales department at any time by e-mail, at contact@pulse-bikeparts.com or contact@bemor-bikeparts.com, in order to obtain information on the status of his order.
At the same time, he/she must provide a copy of his/her valid KBISS by e-mail to Contact@Pulse-bikeparts.com or Contact@Bemor-bikeparts.com.
JF BIKES SAS reserves the right, depending on the precise activity (NAF code) of the retailer, to refuse or not, access to the discounted prices of the Pulse and Bemor catalog.
The RETAILER must act in the name of a company, or a referenced professional activity, linked to the retail sale of sporting goods. The company must offer at least one complete department dedicated to cycle products (bicycles), a repair shop dedicated to cycle products (bicycles) and an employee with a certificate of professional qualification in the repair and maintenance of cycle products for at least two years.
The information provided by the RETAILER to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the RETAILER to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
Article 5.1 Product characteristics
The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER or RETAILER must receive by virtue of the applicable law (in the present General Terms and Conditions).
The CLIENT or RETAILER undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints of its suppliers.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER or RETAILER must follow the steps described below (please note, however, that depending on the CUSTOMER's or RETAILER's home page, the steps may differ slightly).
5.2.1. PRODUCT selection and purchase options
The CLIENT or RETAILER must select the PRODUCT(s) of his/her choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CLIENT's or RETAILER's shopping cart. The latter may then add as many PRODUCTS to his/her basket as he/she wishes, depending on the quantities available for each PRODUCT.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping cart, the CLIENT or RETAILER must click on the shopping cart and check that the contents of the order are correct. If the CLIENT or RETAILER has not already done so, he/she will then be invited to log in or register.
Once the CLIENT or RETAILER has validated the contents of the shopping basket and logged in/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery charges.
The CLIENT or RETAILER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CLIENT or RETAILER may then proceed to payment for the PRODUCTS by following the instructions on the SITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information required to process the order.
The CLIENT or RETAILER must also select the chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's or RETAILER's order. A copy of the order acknowledgement is automatically sent to the CLIENT or RETAILER by e-mail, provided that the e-mail address communicated via the registration form is correct .
The SELLER does not send order confirmations by post or fax.
5.2.4. Invoicing
During the ordering process, the CLIENT or RETAILER must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be filled in for the CLIENT's or RETAILER's order to be processed by the SELLER).
In particular, the CLIENT or RETAILER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CLIENT or RETAILER must then specify the chosen method of payment.
Neither the order form drawn up online by the CLIENT or RETAILER, nor the acknowledgement of receipt of the order sent by the SELLER to the CLIENT or RETAILER by e-mail, constitutes an invoice. Whatever the method of order or payment used, the CLIENT or RETAILER will receive the dematerialized invoice upon validation of payment in his personal space on the SITE.
The CUSTOMER or RETAILER may at any time request an invoice corresponding to a completed order, by contacting the SELLER by e-mail at contact@pulse-bikeparts.com or contact@bemor-bikeparts.com.
5.3. Order date
The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only begin to run from this date.
5.4. Prices
For all PRODUCTS, the CLIENT or RETAILER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the parcel, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In the case of the RETAILER, he/she must be logged in to his/her account in order to benefit from the display of the prices corresponding to his/her contract.
In particular, prices include value-added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid unless there is a gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT or RETAILER.
5.5. PRODUCT availability
Depending on the PRODUCT concerned, the SELLER applies “just-in-time” stock management. Consequently, depending on the case, the availability of PRODUCTS depends on the SELLER's stocks.
The SELLER undertakes to honour orders received subject to the availability of PRODUCTS.
The unavailability of a PRODUCT is normally indicated on the PRODUCT page concerned. CUSTOMERS or RETAILER may also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if unavailability has not been indicated at the time of ordering, the SELLER undertakes to inform the CLIENT or RETAILER without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT or RETAILER :
Either offer to ship all PRODUCTS at the same time as soon as the OUT OF STOCK PRODUCTS become available again,
or proceed with partial shipment of the available PRODUCTS initially, then with shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT or RETAILER.
If the CLIENT or RETAILER decides to cancel its order for unavailable PRODUCTS, it will obtain reimbursement of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
The terms and conditions of the right of retraction are set out in the “retraction policy”, which is available in Appendix 1 hereto and can be accessed at the bottom of each SITE page via a hypertext link.
Article 7.
Payment 7.1. Means of payment
The CLIENT or RETAILER may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER.
The CLIENT or RETAILER warrants to the SELLER that he/she holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CLIENT's or RETAILER's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In the case of partial DELIVERY, the total amount will be debited from the CLIENT's or RETAILER's account at the earliest when the first package is shipped. If the CLIENT or RETAILER decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other means of payment, the CLIENT or RETAILER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT or RETAILER proves impossible, the order will be cancelled and the sale automatically terminated.
7.4 Late or refused payment: RETAILER.
In the exceptional case where the RETAILER does not pay for the order when it is issued. The due date for payment of orders placed directly with the workshop in Montbrison (42600), by e-mail, or by telephone is as follows:
- Applicable according to the due date or duration indicated on the invoice upon receipt of goods.
- If not specified on the invoice, the due date is 30 days after receipt of the goods by the DETAILER.
In the event of late payment, JF BIKES will apply late payment penalties as follows:
- A fixed indemnity of €40 excluding VAT
- A late payment penalty corresponding to 10% of the value due. This penalty will not be less than that resulting from an interest rate equal to 3 times the legal interest rate in force.
7.5 Delay or refusal of payment: CUSTOMER.
In the exceptional case where the CLIENT does not pay for the order when it is placed. The due date for payment of orders placed directly with the workshop in Montbrison (42600), by e-mail, or by telephone is as follows:
- Applicable according to the due date or duration indicated on the invoice upon receipt of goods.
- If not specified on the invoice, payment is due immediately.
In the event of late payment, JF BIKES will apply late payment penalties as follows:
- A fixed indemnity of €40 excluding VAT
- A late payment penalty corresponding to 10% of the value due. This penalty will not be less than that resulting from an interest rate equal to 3 times the legal interest rate in force.
Article 8. Proof and archiving
Any contract concluded with the CUSTOMER or RETAILER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment has been received from the CUSTOMER or the RETAILER.
The above provisions do not prevent the transfer to the CUSTOMER or the RETAILER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.
Article 10. Delivery
The terms and conditions of DELIVERY of the PRODUCTS are set out in the “delivery policy” referred to in Appendix 2 hereto and accessible at the bottom of each SITE page via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS or RETAILER undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 ' Withdrawal Policy.
Article 12.
Warranties 12.1. Warranty of conformity
The following clauses apply solely and exclusively to CLIENTS and users of PRODUCTS. They do not apply to RETAILER.
Description: The legal guarantee of conformity is a guarantee against all defects of conformity already existing at the date of delivery of the product.
Example: non-conforming color, non-conforming compatibility, non-conforming size, ....plus overall, the PRODUCT does not conform, in whole or in part, to the description given at the time of purchase on the SITE. This conformity also assumes that the PRODUCT presents the qualities that the CLIENT may legitimately expect in view of the public statements made by the SELLER, including in advertising and on labelling.
In this context, the SELLER is liable for defects in conformity existing at the time of delivery, two (2) years after delivery of the product.
In the event of lack of conformity, the CUSTOMER may request replacement or modification of the PRODUCT, at his or her option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the product within 30 days of receipt of the returned product and in exchange for the return of the product by the CLIENT to the following address: JF BIKES SAS, 1 boulevard Louis Dupin, 42600 Montbrison, France.
Please note that any request for a guarantee of conformity may be made by e-mail (contact@pulse-bikeparts.com or contact@bemor-bikeparts.com) within 60 days of delivery of the PRODUCT. After this period, all requests must be made by post with acknowledgement of receipt to the following address: JF BIKES SAS, 1 boulevard Louis Dupin, 42600 Montbrison, France.
Finally, in accordance with the law, the CUSTOMER is exempted from proving the existence of a product conformity defect for a period of six (6) months following delivery of the goods.
The present legal warranty of conformity applies independently of any commercial warranty granted on the products.
12.2 Warranty against hidden defects
The following clauses apply solely and exclusively to CLIENTS and users of PRODUCTS. They do not apply to RETAILERS.
Description: The legal warranty for hidden defects is a warranty against all manufacturing and quality defects existing and not visible at the date of purchase of the PRODUCT, but revealed subsequently, rendering the PRODUCT unusable or greatly diminishing its use for which it was intended.
Example: material defect leading to abnormal deterioration, machining defect compromising compliance with current standards, breakage during normal use of the product without prior deterioration, ....plus overall, the PRODUCT has a major manufacturing defect undetectable at the time of purchase.
The SELLER is bound by the warranty for latent defects in the product sold which render it unfit for its intended use, or which impair such use to such an extent that the CLIENT would not have purchased it, or would have paid a lesser price for it, had he been aware of them.
This warranty allows the CLIENT, who can prove the existence of a latent defect, to choose between replacement or repair of the product if it is returned, or reimbursement of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the product within 30 days of receipt of the returned product and in exchange for the return of the PRODUCT by the CLIENT to the following address: JF BIKES SAS, 1 boulevard Louis Dupin, 42600 Montbrison, France.
Any action resulting from latent defects must be brought by the CLIENT within two (2) years of discovery of the defect. The duration of this warranty is limited to five (5) years after purchase.
12.3 Additional information on the conformity and latent defect warranties.
The following clauses apply solely and exclusively to CLIENTS and users of the PRODUCTS. They do not apply to RETAILERS.
This applies only to PRODUCTS under the Pulse® or Bemor® brand names; for all others, please refer to the data supplied by the respective manufacturers.
Pulse® or Bemor® grants these warranties to any CUSTOMER purchasing a Pulse® or Bemor® product from Pulse® or Bemor® or authorized Pulse® or Bemor® retailers. Sensitive components requiring assembly and the application of specific tightenings, such as bicycle forks, bicycle cranksets, bicycle stems, bicycle handlebars and bicycle chainrings, must be assembled by a professional with appropriate qualifications in bicycle mechanics. If this is not the case, Pulse® or Bemor® cannot provide a guarantee and cannot be held responsible for any damage or accident occurring during the use of these PRODUCTS.
Pulse® or Bemor® PRODUCTS are warranted against defects in material or workmanship (“Defects”) for a period of 5 years from the date of purchase from Pulse® or Bemor® or authorized Pulse® or Bemor® dealer. The warranty shall apply only to latent defects discovered and proven by the CLIENT during the 5-year warranty period, and shall benefit only the CLIENT who was the original purchaser of the PRODUCT (as stated on the invoice).
The Pulse® or Bemor® PRODUCTS comply with their technical description and specifications. It is the CLIENT's responsibility to ensure that they are suitable for the use he/she wishes to make of them and to choose them accordingly.
This warranty is valid and enforceable only in the country of purchase.
IMPORTANT: A warranty is not equivalent to insurance. If the CUSTOMER wishes to insure his equipment, he must do so through a specialized organization. The following damage is not covered by any warranty:
Damage resulting from normal wear and tear. The following are considered wear parts: brake pads and shoes, rim braking surfaces, tires, tubulars, inner tubes, rim bottoms, UST valves, pawls, bearings, freewheel bodies, seals, decoration.
- Damage resulting from transport, handling or storage of the product;
- Damage due to the assembly or fitting of parts unsuitable for the product;
- Damage due to the non-conformity of the product's assembly or fitting, or to non-compatible parts;
- Damage caused by the use of brake pads other than Pulse® brake pads or brake pads not listed as compatible;
- Damage resulting from improper use or maintenance of the product by the CLIENT;
- Damage resulting from non-compliance with instructions for use and maintenance of the Product;
- Damage resulting from modification of the Product;
- Damage resulting from shock, caused by sharp objects, torsion, compression, fall, abnormal impact, collision with another cyclist or vehicle and any other event beyond the control of Pulse® or Bemor®.
12.4 Competitive use and liability.
Occasional or regular use of Pulse® or Bemor® PRODUCTS in competition implies:
- An immediate and irremediable cancellation of the legal warranties “of conformity” and “against hidden defects”. In this specific case, the replacement or assumption of responsibility of a Pulse® or Bemor® PRODUCT will only be applicable via a commercial gesture on the part of JF BIKES SAS, whose decision to accept or refuse is exclusively reserved to it.
- JF BIKES cannot be held responsible for any moral or physical prejudice occurring during or following deterioration or breakage of a product when it has been subjected to competitive use.
Article 13. Liability
The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular during order entry.
The SELLER may not be held responsible, or considered as having failed to comply with the present terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
Article 14. Personal data
The SELLER collects on the SITE personal data concerning its Customers, including by means of cookies. CUSTOMERS or RETAILERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's or RETAILER's account, analyze orders and, if the CLIENT or RETAILER has chosen this option, send him or her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CLIENT or RETAILER no longer wishes to receive such communications from the SELLER.
Customer or RETAILER data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CLIENTS or RETAILERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
Data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS or RETAILERS to its commercial partners, provided that the latter have given their prior consent when registering on the SITE.
The SELLER will specifically ask CLIENTS or RETAILERS whether they wish their personal data to be disclosed. CLIENTS or RETAILERS may change their minds at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS or RETAILERS if they wish to receive commercial solicitations from its partners.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete his or her personal data. This right may be exercised by sending an e-mail to contact@pulse-bikeparts.com or contact@bemor-bikeparts.com or by sending a letter to: JF BIKES SAS , 1 boulevard Louis Dupin, 42600 Montbrison, France.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Article 15. Claims
The SELLER provides the CUSTOMER or RETAILER with a “Customer Telephone Service” on the following number: 04 77 76 73 40 (not surcharged).
For non-French-speaking CUSTOMERS or RETAILERS, contact by e-mail is preferable: contact@pulse-bikeparts.com or contact@bemor-bikeparts.com.
Any written complaint from the CLIENT or RETAILER must be sent to the following address: JF BIKES SAS , 1 boulevard Louis Dupin, 42600 Montbrison, France.
Article 16.
Article 16.1. Digital intellectual property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
Under no circumstances will the SELLER's authorization be granted on a permanent basis. The link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 16.2 Intellectual property on the material
All PRODUCTS sold under the Pulse® or Bemor® brand names, including the underlying technologies used, are protected by copyright, trademark and/or patent law.
For any purchase by the CLIENT or RETAILER via the SITE, it is strictly forbidden to reproduce or have reproduced, for one's own account or for commercial purposes, whether totally or partially, products based on technologies derived from Pulse® or Bemor® products, the design of Pulse® or Bemor® products, technical drawings of Pulse® or Bemor® products, or any elements with the aim of misleading users or the public on the manufacturing origin of the products.
Should this not be the case, JF BIKES reserves the right to take legal action against the CLIENT or the RETAILER for counterfeiting and/or unfair competition.
Article 17. Validity of the General Terms and Conditions
Any modification to the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of the present General Terms and Conditions shall not affect the validity of the present General Terms and Conditions. Any such modification or decision shall in no way authorize the CLIENTS or the RETAILERS to disregard these General Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Article 18. Modification of the General Terms and Conditions
The present General Terms and Conditions apply to all purchases made online on the SITE, for as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Terms and Conditions and the relationship between the CUSTOMER or RETAILER and the SELLER are governed by French law.
In the event of a dispute, the French courts shall have exclusive jurisdiction.
However, prior to any recourse to an arbitral or state court, negotiation in a spirit of loyalty and good faith will be preferred with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If the parties fail to reach agreement within fifteen (15) days, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties undertake to refrain from taking any legal action against each other in respect of the dispute under negotiation. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action before the summary jurisdiction or the implementation of a petition procedure does not imply any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.
Appendix 1: Withdrawal policy
The following clauses apply solely and exclusively to CLIENTS and users of PRODUCTS purchased via the SITE. They do not apply to RETAILERS.
Principle of withdrawal
As a matter of principle, the CLIENT has the right to return or restitute the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT has ordered several PRODUCTS in a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CLIENT must notify his decision to withdraw from this contract by means of an unambiguous statement to : JF BIKES SAS, 1 boulevard Louis Dupin, 42600 Montbrison, France or contact@pulse-bikeparts.com or contact@bemor-bikeparts.com.
Alternatively, you can use the form below:
RETRACTION FORM for the attention of JF BIKES SAS.
SELLER's telephone number: 04 77 76 73 40
SELLER's e-mail address: Contact@Pulse-bikeparts.com or Contact@Bemor-bikeparts.com
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference:
Invoice no. :
- Ordered on [____________]/received on [________________]
- Payment method used :
- Name of CLIENT and, if applicable, order beneficiary :
- Address of CLIENT :
- Delivery address :
- Signature of CLIENT:
- Date:
In order for the withdrawal period to be respected, the CLIENT must transmit its communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER is informed of the CLIENT's wish to withdraw.
The SELLER will make the reimbursement using the same means of payment as the one used by the CLIENT for the initial transaction, unless the CLIENT expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the CLIENT.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
Return procedure
The CLIENT must, without undue delay and, in any event, no later than fourteen (14) days after communicating his/her decision to withdraw from the present contract, return the goods to : JF BIKES SAS, 1 boulevard Louis Dupin, 42600 Montbrison, France
This period is deemed to have been respected if the CLIENT returns the goods before the fourteen-day period has expired.
Return costs
The CLIENT shall bear the direct cost of returning the goods.
Condition of returned goods
The PRODUCT must be returned in accordance with the SELLER's instructions and include all accessories delivered.
The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but may be held liable for any manipulations other than those necessary.
The PRODUCT must be free from traces of use or any other traces which would prevent it from being resold as new.
Packaging
The PRODUCTS are packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS must comply with the same standards when returning PRODUCTS. In this respect, the CLIENT is invited to return the PRODUCT in its original packaging and in good condition, suitable for resale.
Appendix 2: Delivery policy
Delivery zone
The PRODUCTS offered can only be delivered to the TERRITORIES proposed by the SITE during the ordering process.
It is impossible to place an order for any delivery address outside these TERRITORIES.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT or RETAILER during the ordering process.
Shipping times
The time required to prepare and invoice an order, prior to dispatch of PRODUCTS in stock, is indicated on the SITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT or RETAILER when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CLIENT or RETAILER the possible delivery times and shipping methods for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT or the RETAILER in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the SITE.
DELIVERY TERMS: CLIENT
PRODUCTS can be physically collected by the CLIENT at the address: JF BIKES SAS, 1 boulevard Louis Dupin, 42600 Montbrison, France , on condition that the CLIENT announces that he/she is coming.
PRODUCTS can be shipped via La Poste and its Colissimo service with a tracking number.
Three options are available depending on your location:
- Colissimo home delivery without signature.
- Colissimo home delivery with signature.
- Colissimo delivery to a collection point with signature.
Prices vary according to the number of parcels required for shipment, and the options chosen.
DELIVERY TERMS: DETAILER
PRODUCTS can be physically collected by the RETAILER at the address: JF BIKES SAS, 1 boulevard Louis Dupin, 42600 Montbrison, France , subject to prior notice.
PRODUCTS may be shipped to the RETAILER via a carrier chosen by the SELLER with a tracking number.
The applicable rates are as follows (Metropolitan France and neighbouring countries):
- Order HT <300€ : 8€ HT contribution to delivery costs.
- Order >300€ and <2000€ : 12€ HT of participation in the expenses of delivery.
- Order >2000€ : 0€ HT of participation in the expenses of delivery.
Delivery problems
The CLIENT is informed of the delivery date when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
Deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, the CUSTOMER may cancel the contract.
In this case, the SELLER will reimburse the CLIENT, without undue delay from receipt of the letter of termination, the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same method of payment used by the CLIENT to purchase the PRODUCTS.
If the SELLER imposes the delivery method, the SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier and the SELLER of any damage or partial loss noted at the time of delivery.
Upon delivery, the CUSTOMER has the right to express reservations regarding the condition of the goods. This must be expressly stated in writing at the time of delivery. The CLIENT has the right to demand that the parcel be opened in the presence of the delivery person or an employee of the collection point, in order to check the goods.
If the customer does not express any reservations at the time of delivery and does not notify the carrier and the SELLER of any damage or partial loss noted at the time of delivery within three (3) days of delivery. No recourse will be possible on the part of the CLIENT.
In the event of non-delivery of a parcel by the carrier, the SELLER reserves a period of 30 days from the date of notification by the CLIENT to return the goods. This period corresponds to the search time required by the carrier to find and return the undelivered package. After this period, the parcel will be presumed lost and the order will be resent by the SELLER.
Ownership of the goods is transferred to the CUSTOMER when the goods are physically handed over to the CUSTOMER or to a third party chosen by the CUSTOMER. (articles L. 216-1 of the French Consumer Code)
In the exceptional case where a third party unknown to the CLIENT receives, with signature, a parcel intended for the CLIENT, and in any case, victim of an act of identity theft, the SELLER cannot be held responsible for the non-receipt of the PRODUCT(S) and the CLIENT cannot obtain compensation from the SELLER. (article L. 221-15 of the French Consumer Code).