Terms of sale
INTRODUCTION:
The Shot Race Gear store specializes in the sale of motorcycle equipment. By accessing the site, you agree to comply with the General Terms and Conditions as well as the Terms of Use listed therein.
ARTICLE 1 Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Powersports with consumers and non-professional buyers, wishing to acquire the products offered for sale by the Seller on the Merchant Site.
They specifically detail the conditions for ordering, payment, delivery, and handling any potential returns of Products ordered by the Clients.
The present General Terms and Conditions of Sale apply to the exclusion of all other conditions.
They are accessible at any time on the Merchant Site and will prevail, if applicable, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase is the one in effect on the website at the date of placing the order.
Any order placed for Products listed within the online store on the Merchant Site implies prior consultation and acceptance of these General Terms and Conditions of Sale.
The validation of the order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale and knowledge of its annexes.
The validation of the order constitutes an obligation to pay.
The ordered Products will be described in the order placed by the Client, which will serve as special conditions.
ARTICLE 2 Definitions
"Seller's Address" refers to the postal address 118 rue Louis Breguet Zac du Long Buisson 27930 Guichainville
"Client" refers to any person acting as a consumer or non-professional, to whom the Seller sells the Products.
"Customer account" refers to the account created by the customer.
"Party" refers indiscriminately to the Seller or the Client.
"Parties" collectively refers to the Seller and the Client.
"Product(s)" refers to the Product(s) sold by the Seller.
"Website" refers to the e-commerce site
"Seller" refers to the company POWERSPORTS
ARTICLE 3 Products
The main features of the Products are presented on the Website.
The Client is required to take note of them before placing any order.
The choice and purchase of a Product is the sole responsibility of the Client.
The Client acknowledges having the required capacity to contract and acquire the Products offered on the Website.
The Client is required to refer to the description of each Product in order to learn about its properties, essential features, and delivery times.
There may be minor variations in the representation of the items sold on the Website compared to reality.
Every effort has been made to ensure the accuracy of the information presented on the Website.
The contractual information is presented in French.
The Product offers are valid within the limits of available stock, as specified during the order placement.
ARTICLE 4 Orders
Orders are exclusively placed on the Website. Access to the service is provided on a permanent basis, subject to maintenance and upkeep periods, server update operations, and any exceptional interruptions.
It is the Client's responsibility to select the Products they wish to order on the Website.
The Client agrees to maintain strict confidentiality regarding the data allowing them to access their Customer Account.
The Client agrees, when creating and using their Customer Account, to:
- provide real, accurate, up-to-date information at the time of entering it in the registration form;
- keep the registration data up to date in order to permanently ensure its accuracy.
The Client has the opportunity to verify the details of their order, its total price, and to correct any potential errors before confirming their acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or correct any errors.
ARTICLE 5 Tariffs
The Products are provided at the current rates listed on the Website at the time of order registration. The prices are expressed in Euros and include VAT.
The prices displayed on the Website are firm and final.
They do not understand the processing, shipping, transportation, and delivery fees, which are charged additionally upon placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
We reserve the right to modify our prices at any time, but we commit to applying the current rates that will have been indicated on the Website at the time of the order.
Context:
ARTICLE 6 Payment
All invoices from the Seller are payable upon order confirmation.
The Website provides you with secure payment methods.
ARTICLE 7 Delivery
The products are delivered to the address indicated by the consumer on the order form and only within the geographical areas served.
All products leave the Seller's premises in perfect condition.
Except in special cases or if one or more Products are unavailable, the ordered Products will be delivered in one shipment.
For deliveries requiring a signature, it is the endorsement of the carrier's delivery note that serves as proof.
Delivery consists of the transfer to the Client of the physical possession or control of the Product.
The Seller must deliver the goods within the timeframe indicated to the Client, in accordance with Article L216-1 of the Consumer Code.
Article L.221-15 of the Consumer Code states:
The professional is fully liable to the consumer for the proper performance of the obligations arising from the distance contract, whether these obligations are performed by the professional who entered into this contract or by other service providers, without prejudice to their right of recourse against them.
However, he can exonerate himself from all or part of his responsibility by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
Articles L216-1 and following of the Consumer Code, referring to Article L111-1 of the same Code, regulate the procedure applicable in case of delivery delays.
As with any shipment, it is possible to experience a delay or for the product to get lost. In such a case, the Seller contacts the carrier to initiate an investigation.
Under the strict liability of the remote seller, the Seller is responsible for transportation to the Client.
The Seller commits to making its best efforts to deliver the products ordered by the Client within the specified timeframes.
The Client is encouraged to report any minor signs of impact (holes, crushing marks, etc.) on the package to the carrier, and if necessary, to refuse the package.
The Seller assumes the risks of transportation and is required to reimburse the Client in case of damages caused during transportation.
The Client is encouraged to check the condition of the delivered products.
The exchange of any product declared, after the fact, damaged during transport, without any reservation having been made upon receipt of the package, cannot be taken care of, nor can a warranty claim be made.
In case of non-conformity of the delivered Product, the Seller - undertakes to remedy it or refund the Client, as indicated below.
The Client must notify the Seller as soon as possible, and ideally within 8 days, of any claims of delivery errors and/or non-conformity of the Products in nature or quality compared to the indications on the order form.
The Seller will refund or replace as soon as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these General Terms and Conditions of Sale.
In case of delivery or exchange errors, any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging in impeccable condition at the Seller's Address.
To be accepted, any return must be reported and have the prior agreement of the Seller, who, in case of agreement, will reship the package to the correct address.
In case of a delivery error or non-compliance, no fees are charged to the buyer.
ARTICLE 8 Transfer of ownership - risks
The transfer of ownership takes place after full payment by the Client.
Regardless of the date of the transfer of ownership of the Products, the transfer of risks of loss and deterioration related thereto will only take place when the Client or a third party designated by them physically takes possession of the Products.
The Products therefore travel at the risk and peril of the Seller.
ARTICLE 9 Right of withdrawal
In accordance with the applicable legal provisions, the Client has a period of fourteen days from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the notification to the Seller of the Client's decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing them to be put back on the market in new condition, including manufacturer's labels, accompanied by the purchase invoice.
If the product is damaged, dirty, or incomplete, the Client's responsibility is engaged as soon as the depreciation of the item does not result from usage similar to in-store handling. He will have to compensate the Seller for the damage caused.
The right of withdrawal can be exercised using the withdrawal form available in the appendix hereto, or any other unambiguous statement expressing the intention to withdraw, notably by letter sent by post to the Seller's Address 118 rue Louis Breguet Zac du Long Buisson 27930 Guichainville.
ARTICLE 10 Seller's Responsibility – Warranty
The Client has the warranty for defects in the sold item (articles 1641 to 1648 of the civil code) and the legal warranty of conformity (articles L.217-1 and following of the consumer code).
The Seller guaranties the conformity of the Products to the contract and the hidden defects of the sold item under the conditions provided by these texts.
The cases of warranty exclusion are: competitive use, failure to follow the assembly instructions, inappropriate use, incorrect assembly. For any warranty claim, the part must be sent back to us with a cover letter explaining the origin of the problem as well as a photocopy of the invoice.
The Products sold on the Website comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products provided by the Seller are fully entitled and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guaranty of conformity, for Products that appear to be defective, damaged, or not corresponding to the order,
- of the legal guaranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use,
under the conditions and according to the terms specified by law and by these General Terms and Conditions of Sale.
It is reminded that within the framework of the legal guaranty of conformity, the Client
- benefits from a two-year period from the delivery of the goods to take action against the Seller;
- can choose between the repair or replacement of the ordered Product, subject to the cost conditions provided by Article L 217-12 of the Consumer Code;
- is exempt from providing proof of the existence of the Product's non-conformity during the twenty-four months following the delivery of the Product.
The legal guaranty of conformity applies independently of the commercial guaranty that may eventually cover the Product.
The Client may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they may choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.
The Seller will refund, replace, or repair Products or parts under warranty deemed non-compliant or defective.
Refunds for Products deemed non-compliant or defective will be processed as soon as possible following the Seller's determination of the non-conformity or hidden defect.
The refund will be made by credit to the Client's bank account or by bank check addressed to the Client.
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 case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Client, as well as in case of normal wear and tear of the Product, accident, or force majeure.
The Seller's warranty is limited to the replacement or refund of non-compliant or defective Products, unless the Client demonstrates additional compensable damages.
ARTICLE 11 Protection of personal data
In accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is necessary for the processing of their order and the issuance of invoices, in particular.
This data may be communicated to potential partners of the Seller responsible for the execution, processing, management, and payment of orders.
The processing of information communicated thru the Website meets the legal requirements for the protection of personal data, with the information system used ensuring optimal protection of this data.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition to portability, and limitation of processing regarding information concerning them.
This right can be exercised under the conditions and according to the terms defined on the Website.
To the extent that the Seller collects the Client's telephone contact information, the Seller specifies, in accordance with the provisions of Article L223-2 of the Consumer Code, that the Client has the right to register on a list opposing telephone solicitation.
Context:
ARTICLE 12 Force Majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, as defined in Article 1218 of the Civil Code.
The party affected by such circumstances shall notify the other party within ten business days following the date on which it becomes aware.
The two parties will then come together, within a period of three months, unless prevented by force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will continue.
If the force majeure lasts for more than one month, the contract may be terminated by the injured Party.
Context:
ARTICLE 13 Applicable Law – Language
The present General Terms and Conditions of Sale and the resulting transactions are governed by French law.
They are written in the French language. In the event that they are translated into one or more languages, only the French text shall prevail in case of dispute.
Context:
ARTICLE 14 Disputes
In case of a dispute or complaint, the consumer should first contact the Seller to seek an amicable solution.
The Client has the possibility of resorting to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
The Client is informed that they may in any case resort to conventional mediation, notably with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code).
All disputes arising from purchase and sale transactions concluded under these general terms and conditions, concerning their validity, interpretation, execution, termination, consequences, and subsequent actions, and which could not be resolved between the seller and the client, shall be submitted to the competent courts under common law conditions.
If one or more stipulations of these general conditions are held to be invalid or declared as such in accordance with a law, regulation, or following a final decision by a competent jurisdiction, the other stipulations shall retain their full force and scope.
The fact that one of the parties does not assert a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted in the future as a claim to the obligation in question.
ARTICLE 15 Pre-contractual information – Client acceptance
The pre-contractual information provided by the Seller must cover the essential characteristics of the property.
The fact that a person places an order on the Website implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and their annexes, as well as the obligation to pay for the ordered Products, which is expressly acknowledged by the Client, who notably waives the right to rely on any contradictory document that would be unenforceable against the Seller.
Context:
ANNEX 1
Provisions related to legal guaranties
Regarding the legal guaranty of conformity:
- The consumer can choose between repair or replacement of the good, subject to the cost conditions provided by the Consumer Code (if neither of these solutions is effective within one month from the date of the consumer's complaint, the consumer may demand a refund).
- The consumer is exempt from providing proof of the non-conformity of the goods during the 24 months following the delivery of the goods.
- The legal guaranty of conformity applies independently of any commercial guaranty that may be granted.
- During the exercise of the legal guaranty of conformity, no costs can be charged to the consumer.
Article L217-3 of the Consumer Code
The seller delivers goods that conform to the contract as well as the criteria set out in Article L. 217-5.
He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from that time.
Context:
This warranty period applies without prejudice to articles 2224 and following of the civil code. The starting point for the consumer's action prescription is the day the consumer becomes aware of the lack of conformity.
Article L217-4 of the Consumer Code
The property is in conformity with the contract if it meets, in particular, the following criteria, as applicable:
1° It corresponds to the description, type, quantity, and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the seller's attention no later than at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L217-7 of the Consumer Code
Non-conformities that appear within a period of twenty-four months from the delivery of the goods, including goods with digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect.
For used goods, this period is set at twelve months.
When the sales contract for goods with digital elements provides for the continuous supply of digital content or a digital service, any non-conformities that appear are presumed to exist at the time of delivery of the goods:
1° Within a period of two years from the delivery of the goods, when the contract provides for this supply for a duration equal to or less than two years or when the contract does not determine the duration of the supply;
2° During the period in which the digital content or digital service is provided under the contract, when it provides for this supply for a period exceeding two years.
Regarding the legal guaranty for hidden defects:
Article 1641 of the Civil Code
The seller is liable for the warranty due to hidden defects in the sold item that make it unfit for its intended use, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price, had they known about them.
Article 1648 paragraph 1 of the Civil Code.
The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.
In the event of the implementation of the hidden defects warranty, the consumer may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
ANNEX 2
Withdrawal form
This form must be completed and returned only if the Client wishes to withdraw from the order placed on the Website, except for exclusions or limitations on the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of:
POWERSPORTS
118 rue Louis Breguet
Zac du Long Buisson
27930 Guichainville
I hereby notify the withdrawal from the contract for the order of the following services:
- Order dated: ...................... received on: ........................
- Order number: ...........................................................
- Client Name: .............................................................................
- Client's Address: .......................................................................
Client's Signature:
Date :