Downloadable General Terms and Conditions :
ARTICLE 1. PURPOSE
1.1 These General Terms and Conditions for the Sale of Goods and Services (hereinafter referred to as the 'GTCS') governs the contract for the sale of products (hereinafter referred to as the 'Products') and of services (hereinafter referred to as the 'Services') carried out by [Juicy Bike Limited], a company registered in England and Wales with company number 06685414 whose registered office is at Number 22 Mount Ephraim, Tunbridge Wells, Kent, England, TN4 8AS] (hereinafter referred to as the 'Company') to its end-user customers (hereinafter referred to as the 'Customers').
The Company and the Customer are collectively referred to as the 'Parties' or individually as the 'Party'.
1.2 When the Customer places an order, by ticking the box 'I acknowledge that I have read and accept the General Terms and Conditions of Sale', the Customer acknowledges that they fully understand and accept the GTCS. If the Customer does not accept these terms then the Customer can discontinue the Order by returning to the homepage of the Site or by leaving the Site.
1.3 The Company reserves the right to adapt or modify the GTCS at any time. If the Company makes changes and they significantly impact these terms, the Company shall notify the Customer and the Customer may then contact the Company to terminate their Order before the changes takes effect and receive a full refund for any Product paid for but not received.
1.4 The Customer should read the GTCS carefully before placing an order. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.5 If the Company does not insist immediately that the Customer does anything the Customer is required to do under these terms, or if the Company delays in taking steps against the Customer in respect of the Customer breaking the terms, that will not mean that the Customer does not have to do those things and it will not prevent the Company taking steps against the Customer at a later date.
ARTICLE 2. PRODUCTS
The Customer accepts that the Products are intended for personal private use by the end-user Customer only and are not intended for business use.
2.1 When the Customer visits the Company’s website (hereinafter referred to as the 'Site'), the Customer will be able to view the technical characteristics of the Products, their availability, and the financial conditions related to their sale.
The Products are presented on the Site in the form of a catalogue, comprising one or more photographs of each Product, the description of their main technical characteristics and functionalities, and their unit price including tax. The images on the Site are for illustrative purposes only and are not contractual.
2.2 The Site indicates if a Product is available in stock. The Site prevents a Product from being added to the basket if it is out of stock or unavailable. The Company will contact the Customer if any errors as to stock availability have occurred.
2.3 The Customer selects the Product(s) they wish to order, by clicking the 'Add ' button. The selected Products will appear in the basket which can be accessed by the top right corner of the Site. The Customer can modify the reference and/or the quantity of each selected Product within the basket.
2.4 After selecting the Product(s) that the Customer wishes to order, the Customer can finalise the order by clicking the 'Complete Order' button.
2.5 After clicking the 'Complete Order' button, the Customer can login to an existing customer account, or create a new one. In either case, the Customer must complete the necessary information for the Company to process the order.
ARTICLE 3. CUSTOMER ACCOUNT - AUTHENTICATION
3.1 When creating a Customer account, the Site records the required information, including the Customer's email address and chosen password (together, the 'Identifiers'). The Identifiers allows the Customer to login to their account the next time they visit the Site, by filling in the fields on the top right of the Site.
3.2 Identifiers are strictly personal. It is the Customer's responsibility to ensure that the Identifiers remain confidential by not disclosing the information to anyone. All acts performed on the Site under this Identifier are presumed to be on account of the Customer and are binding on the Customer.
ARTICLE 4. ORDER AND ACCEPTANCE
4.1 Once the Products in the basket have been confirmed, the Customer is invited to complete and/or confirm the contact details, a delivery point where the Customer will collect the Products (hereinafter referred to as the 'Pick-Up Point'), the payment method, and to confirm acceptance of the GTCS.
4.2 The Customer confirms their order by pressing the button ‘Confirm my order and pay'. After the Customer places an order, the Customer will receive an email acknowledging receipt of the order and a further link to the GTCS. The Company will accept the order by sending the Customer an email that confirms that the Products have been dispatched (hereinafter referred to as the ‘Dispatch Confirmation’). Only oncethe Company has sent the Dispatch Confirmation will a legally binding contract have formed (the “Order”).
The provisions applicable to the right of cancellation by the Customer are detailed below in Clause 15 of these GTCS.
4.3 The data provided by the Customer is required for confirmation of the order and delivery of the Products.
4.4 The Company can in no way be held liable for the non-performance of one or more obligations incumbent on it due to an error or omission on the part of the Customer.
ARTICLE 5. PAYMENT TERMS
5.1 Card payment. After the Customer has confirmed the order, the Customer will be asked to confirm their bank details in a secure area, ensuring the encryption of data transmitted by SSL protocol. The bank card must belong to the 'Groupement des Cartes Bancaires CB', or to any other bank as mentioned on the Site.
5.2 Once the required information has been completed and validated, and after the relevant bank has processed the transaction, the full price of the order will be debited from the Customer’s bank account.
ARTICLE 6. DELIVERY
6.1 The Company will deliver the Products to the Pick-up Point located in mainland France and Corsica. For any other destination, the Customer should contact the Company in order to receive a delivery quote.
6.2 The Company will deliver the Products to the Pick-up Point, as indicated by the Customer in the Order, within the period stated on the Site, in working days, from receipt of the Order. In any event, the Products will be delivered to the Pick-up Point within a maximum period of fifteen (15) days following confirmation of the Order, unless delay of delivery is outside the Company’s control.
6.3 The transfer of risk in the Products shall pass to the Customer when the Customer or a third party designated by the Customer, other than the Company's carrier, takes physical possession of the Products.
6.4 The Company will deliver to the Customer, inside the Product package, the Product's conditions of use and maintenance (hereinafter referred to as the 'Conditions of Use'). The Conditions of Use can also be found on the Site.
6.5 In the event of delay or failure to deliver within the period specified in the Order, the Company shall notify the Customer, , and the Parties may agree a new deadline for delivery, which must be reasonable.
In the event of default or delay in delivery within the new deadline agreed, the Customer may cancel the Order in writing. The Order will be considered terminated upon receipt of written notice by the Customer in accordance with clause 15 below , unless the Order has already been executed in the meantime. In this case, the Company will refund the Customer for all sums paid within fourteen (14) days.
ARTICLE 7. INSPECTION OF THE PRODUCTS
7.1 Upon receipt of the Products at the Pick-up Point, it is the Customer's responsibility to notify the Company in writing immediately any obvious faults or damage regarding the Product's condition. If a Product is found to be faulty or damaged, the Customer has the right to reject the Products, and must immediately notify the Company.
ARTICLE 8. WARRANTIES
8.1 The Company is under a legal duty to supply Products that are in conformity with the Order. Nothing in these terms will affect the Customer’s legal rights under consumer law for defective or non-conforming Products.
8.2 The Customer understands and accepts that the Company does not grant any commercial warranty. The Company only supply the Products for domestic and private use. If the Customer uses the products for any commercial, business or re-sale purposes the Company will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 The technical performances of the batteries indicated in the Products' technical documentation are those guaranteed by the Company at the time of delivery of the Product only.
To optimise battery life, the Company recommends that they be used strictly in accordance with the Terms and Conditions of Use. However, the Customer understands and accepts that, including when used in accordance with the Terms and Conditions of Use, the performance of the battery may decrease over time due to the very nature of a battery.
ARTICLE 9. DEFECTS AND AFTER-SALES SERVICES
9.1 Ticket opening
9.1.1 If the Customer believes the Products to be defective, the Customer must contact the Company by logging-in to their customer area on the NEOMOUV Site http://www.neomouv.com/ using their email address and password and in the 'After-Sales Service' tab, raise a ticket for each defect claimed (hereinafter referred to as a 'Ticket').
9.1.2 The Ticket constitutes the only means of exchange with the Company, in order to record the chronology of the facts, and to allow any Company agent to intervene on the Ticket.
9.1.3 Under the aforementioned 'After-Sales Service' tab, the Customer must provide as much information as possible, accompanied by clear and precise explanations concerning the defect encountered. Photos or videos can also be attached.
9.1.4 If making a claim for any defect or non-conformity, any open Ticket must be accompanied by a copy of the purchase invoice for the Product, issued in the name of the Customer.
9.1.5 In any event, no return of a part (any part making up a Product, excluding the entire Product or battery, hereinafter referred to as the 'Parts'), Product, and/or battery can take place without the express prior authorisation of the Company.
9.2 Upon receipt of the items referred to in Clause 9.1.3 above, the Company will analyse the alleged defect to determine whether or not there is a valid claim.
In this context, the Company reserves the right to request the return of Parts, entire Products, or batteries, at the Company's expense, by a carrier of its choice, it being specified that this prior request for a return does not mean any admission of fault or liability by the Company that the Product is defective or is otherwise not in conformity with the Order.
The Customer undertakes to make the returns in accordance with the Company’s instructions communicated by the Company as part of the Ticket (e.g. with or without battery, by pair of Parts working together, etc.) to the address indicated by the Company, in packaging suitable and solid enough to ensure the effective protection of its contents.
9.3 At the end of the analysis of the items transmitted under Clause 9.1.3. and 9.2 where applicable, the Company will inform the Customer whether or not the Part(s), the Product, and/or the battery in question are defective or not in conformity with the Order and will communicate to the Customer the procedure to be followed.
9.4 If at the end of the procedure described in Clauses 9.1 to 9.3 above, the Product is found to be in good working order without defect, the Product is in conformity with the Order, and/or the defect or non-conformity complained of by the Customer is excluded from the application of the Customer’s consumer law rights, any further assistance by the Company will be the subject of a quote, which must be accepted and paid for by the Customer prior to the Company assisting.
ARTICLE 10. INTELLECTUAL PROPERTY
10.1 The Company owns or holds all of the intellectual property rights relating to the Products, and in particular, but not limited to, the economic author's rights relating to any original creation within the meaning of the Intellectual Property Code, any patents relating to all or part of the Products, designs, and trademarks owned by the Company.
10.2 The Customer acknowledges and accepts that the Order does not entail any transfer or concession for its benefit of the Company's intellectual property rights whatsoever.
10.3 Without prejudice to the rights granted to them by applicable law, the Customer is not authorised (i) to reproduce and/or represent all or part of the Products and/or their image and/or any distinctive sign of the Company, and (ii) to declare and/or file requests for protection under intellectual property law relating to all or part of the Products and/or their image including those abroad, unless otherwise agreed in writing by the Parties.
ARTICLE 11. LIABILITY
11.1 The Company agrees to repair any direct damage that the Customer might suffer in the event of non-execution or improper execution of the Order, due to its fault or that of its representatives.
11.2 The Company does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by the Company’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; and for defective products under the Consumer Protection Act 1987
11.3 The Customer expressly accepts that the Company cannot be held liable for indirect or consequential damages suffered by the Customer.
11.4 The Company reminds the Customer that they are solely and fully responsible for the use of the Products and that the Company cannot be held liable for any damage whatsoever in the event of: (i) abnormal use and/or use non-compliance with the GTCS (in particular but not limited to all uses for professional purposes) and/or to the legislation and/or to the purpose and/or to the Conditions of Use, (ii) modification or alteration of the Products not expressly approved beforehand by the Company or authorised third party, (iii) combining of the Product with one or more elements whatsoever not supplied or certified by the Company or authorised third party , (iv) intervention by a third party not authorised by the Company for repair and/or any operation relating to the Products, (v) negligence of the Customer, or (vi) force majeure event i.e. an event beyond the reasonable control of the Company.
11.5 In any event, it is expressly agreed between the parties that the total, all causes combined, for indemnities, damages and interest, or costs of any kind that may be borne or paid by the Company in favour of the Customer, may not exceed an overall ceiling, all claims combined, for an amount equal to the price excluding tax actually collected by the Company for the Product which is the subject of the dispute.
11.6 The Customer understands and accepts that, in any event, the Company cannot be held liable except in cases of non-compliance with the Order and/or defect of the Product. Cases of damage suffered by the Customer or third parties as a result of the use of the Product by the Customer are expressly excluded. The Customer uses the Product at their own risk, including in the event of use in accordance with these terms and conditions, the safety rules, and the Conditions of Use. The Conditions of Use should be read carefully, albeit that they only constitute a maintenance guide and advice on good use, and do not replace the usual precautions to be observed when cycling.
11.7 The Company shall not be responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Company and the Customer knew it might happen, for example, if the Customer discussed it with the Company during the sales process.
ARTICLE 12. APPLICABLE LAW
12.1 The parties elect domicile at their residence or registered office.
12.2 The Order and the GTCS are governed by English law.
ARTICLE 13. DISPUTES
13.1 In the event of a dispute, the Parties will seek an amicable solution and notify the other Party in writing, with acknowledgement of receipt, of their decision to invoke this clause.
During the course of an amicable dispute resolution procedure, each Party expressly waives the right to exercise any action or proceeding against the other Party based on the dispute in question.
13.2 The Customer may bring legal proceeding in respect of the Products in the English courts.
ARTICLE 14. PERSONAL DATA
14.1 The Customer is informed that, in the context of the management and execution of the Order:
14.1.1 The Company is required to collect Personal Data (within the meaning of the GDPR) in compliance with all applicable data protection and privacy legislation in force from time to time in the UK including the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter referred to as the 'GDPR') the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended (hereinafter collectively referred to as the 'Applicable Regulations');
14.1.2 Personal Data is subject to automated processing by the Company for the purposes of executing the order, creating a customer file, and managing the customer relationship, by its staff and/or the staff of its subcontractors or partners responsible for all or part of the completion of the Order;
14.1.3 The Company processes Personal Data relating to the surname, first name, telephone number, email address, password for logging in to the Site, and bank details, and postal address of the persons concerned. The transmission of this data is compulsory, failing which the Company will not be able to execute the Order.
14.2 As part of the management and execution of the Order, Personal Data may be communicated by the Company to:
14.2.1 Any subcontractor presenting the appropriate guarantees with regard to the Applicable Regulations;
14.2.2 Any company controlled by the Company, controlling the Company, or under common control.
14.3 The Company may have to communicate all or part of the Personal Data to judicial authorities or competent administrations in application of applicable law, or in the context of mandatory rulings. The Company undertakes to limit the communication of Personal Data to what is expressly and restrictively required.
14.4 In the event that the Company transfers Personal Data to a country that does not benefit from an adequacy decision from the European Commission, the Company undertakes to implement the appropriate guarantees to preserve the confidentiality and integrity of Personal Data, in accordance with the provisions of the Applicable Regulations (in particular Article 46 of the GDPR).
14.5 The Order and the GTCS do not establish between the Parties (i) any joint liability within the meaning of Article 26 of the GDPR, (ii) nor of a subcontracting relationship within the meaning of Article 28 of the GDPR.
14.6 In accordance with the provisions of the Applicable Regulations (Articles 15 to 22 of the GDPR), the Customer and any data subject have the right to request the Company to have access, or to rectify, erase and/or limit the processing of Personal Data, or the right to oppose the processing and/or portability of Personal Data.
In accordance with the Applicable Regulations, the Customer is informed that the Personal Data that is derived, calculated or inferred by the Company from the data provided by the Customer is excluded from the right to portability, insofar as it is not provided by the Customer, but created by the Company.
To exercise these rights, the Customer or any person concerned may contact the Company by email.
14.7 The Company cannot be held liable in the event of failure to provide all or part of the Personal Data, or to provide all or part of Personal Data that is incorrect.
14.8 The Company keeps the Customer's Personal Data for the period necessary for the management and completion of Orders. The Company may retain Personal Data after the completion of the Order, for the period necessary to meet any legal, regulatory, accounting or fiscal obligation for the retention of Personal Data (in particular for evidentiary purposes), or for communication to authorised authorities (administration, police services, etc.).
ARTICLE 15. RIGHT OF CANCELLATION BECAUSE THE CUSTOMER HAS CHANGED THEIR MIND
15.1 Right to cancel
The Customer has the right to cancel the Order without giving any reason within fourteen (14) days from the date the Products were received.
To exercise the right to cancel, the Customer must notify the Company by email to the Company at email@example.com or by mail to Juicy Bike Ltd Unit 2, Carrwood Rd, Sheepbridge Industrial Estate, Chesterfield S41 9QB. The Customer must provide their name, home address, details of the Order and, where available, their phone number and email address. The Customer may use the model cancellation/return form available at the end of the GTCS.
15.2 Consequences of cancellation
In the event of cancellation of the Order by the Customer in accordance with clause 15.1 above, the Company will refund all payments received from the Customer, including delivery costs (with the exception of enhanced delivery) without undue delay and, in any event, no later than fourteen (14) days from receipt of the clear notice from the Customer that they wish to cancel the Order. The Company will process the refund using the same means of payment as that used by the Customer for the initial transaction, except with the express agreement of the Customer for the use of any other means. In any event, this refund will not give rise to any additional costs for the Customer.
15.3 If the Products have been delivered, the Customer must organise for the Products to be collected and returned to the Company. The Customer will bear the costs of collection. The Customer is responsible for the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of the Product.
ARTICLE 16. RIGHT OF CANCELLATION BECAUSE OF SOMETHING THE COMPANY HAS DONE
16.1 The Customer has the right to cancel the Order at any time if: i) the Company has told the Customer about a significant upcoming change to the Product or these terms which the Customer does not agree to (see Clause 1.3); or ii) agreed delivery dates have been missed pursuant to clause 6.5, or there is a risk the Products may be significantly delayed because of events outside the Company’s control; or iii) the Customer has a legal right to end the contract because the Company has breached the contract.
16.2 To exercise the right to cancel under this clause 16, the Customer must notify the Company by email to the Company at firstname.lastname@example.org or by mail to Juicy Bike Ltd Unit 2, Carrwood Rd, Sheepbridge Industrial Estate, Chesterfield S41 9QB. The Customer must provide their name, home address, details of the Order and, where available, their phone number and email address. The Customer may use the model cancellation/return form available at the end of the GTCS.
16.3 If the Customer is cancelling the Order for a reason set out at 16.1 above, the Order will end immediately and the Company will refund the Customer in full for any Products which have not been provided and the Customer may also be entitled to compensation.
16.4 If the Customer cancels the Order under this clause 16 for any reason after Products have been dispatched to the Customer or the Customer has received them, the Customer must return the Products to the Company. The Company will pay for the costs of return.
Downloadable General Terms and Conditions :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TEMPLATE CANCELLATION FORM TO BE RETURNED TO THE COMPANY BY THE CUSTOMER
(subject to the legal conditions for exercising the right of cancellation)
Please complete and return this form only if you wish to terminate the contract
Name of consumer(s):
Address of consumer(s):
I/We (*) hereby notify you of my/our (*) termination from the contract for the sale of the item(*)/service(*) indicated below:
Ordered on(*)/received on(*):
Date: Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as applicable.