1. DEFINITIONS
1.1 These General Conditions of Sale (hereinafter '' GTC '') are offered by the company BST MOTO (hereinafter '' The Company ''), SARL with capital of 4,500 euros, registered in the Trade and BREST companies under number 481931269, with registered office at 19 rue Connetable de Richemont - 29260 Lesneven. His non-surcharged telephone number is 0298203709, his e-mail address is contact@bst-moto.com and his individual intra-community VAT identification number FR89481931269.
1.2 The company is the owner and publisher of the website www.bst-bolt-fr (hereinafter "the Site"). The Site is hosted by OVH, SAS, domiciled at 2 rue Kellermann, 59100 Roubaix, reachable at 1007
1.3 The director of the publication is BST
1.4 The Site offers the Customer (hereinafter "the Customer") the possibility of purchasing motorcycle accessories, and more specifically screws and paint (the "Products"). Some Products can be personalized.
1.5 Before any use of the Site, the Customer must ensure that he has the technical and IT resources enabling him to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the IT configuration of his hardware / equipment is in good condition and does not contain viruses.
2 - APPLICATION AND ENFORCEABILITY OF THE GTC
2.1 The purpose of these T & Cs is to define all the conditions under which the Company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Order ("Order") of Products placed on the Site by the Customer.
2.2 The Customer declares to have read and accepted these GTC before placing his Order.
2.3 The validation of the Order therefore constitutes acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the Site on the date of placing the Order.
2.4 Any contrary condition imposed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.5 The fact that the Company does not avail itself at a given time of any provision of these T & Cs cannot be interpreted as a waiver of subsequently availing itself of any provision of said T & Cs.
3 - CREATION OF AN ACCOUNT
Before being able to place an Order, the Customer must register on the Site and create an account by filling in the fields provided for this purpose.
The mandatory fields must be completed sincerely, in particular all the information relating to the identification of the company (name, address, SIRET number, intra-community VAT number, etc.) or of the individual. The name of a natural person contact must be indicated. He will be the privileged interlocutor of the Company.
Once Registration has been completed, the Customer will be able to connect to his account with his Login and a password that he has chosen beforehand. This information is confidential and should not be communicated. In the event that the Customer has become aware that this information has been stolen by a third party, he undertakes to modify it without delay and to inform the Company thereof. In addition, the Customer disconnects at the end of each session.
Each account can only be used by the Customer to whom the logins belong.
Each order placed must be on behalf of the Customer. Each Client can only have one account. Using a false identity or the identity of another person is prohibited.
If such a case should be discovered, the Client is informed that his account will be closed without notice or compensation, and that possible legal remedies may be initiated against him.
The Customer will be able to access, in his customer area, the history of his orders and his invoices.
4. ORDERING PRODUCTS ON THE SITE
The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the Product (s) does not engage the responsibility of the Company and does not affect the validity of the sale
The Company reserves the right to correct the content of the Site at any time.
The Customer can find on the product page the period during which, or the date until which, the spare parts essential for the use of the Product are available on the market.
The Customer selects the Product (s) he wishes to purchase, and can access the summary of his Order at any time.
The Order summary presents the list of the Product (s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product (s) in the Order. The prices applied are those indicated on the Site on the day the order is placed. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.
After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the T & Cs, then clicking on the Order validation icon. The words "Order with payment obligation" or a similar unambiguous formula appears next to the Order validation icon in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
After validation of his Order and in order to be able to proceed to payment, the Customer enters the contact details to which he wishes to obtain delivery of the Product (s) ordered, and invoicing if they are different. The delivery process for the ordered Product (s) is described below.
The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, if applicable, invoicing addresses provided.
After having validated his delivery details and, if applicable, invoicing, the Customer proceeds to the payment of his Order according to the methods specified below.
5. PRICE AND TERMS OF PAYMENT OF THE ORDER
The prices are mentioned on the Site in the descriptions of the Products, in euros and excluding tax and all taxes included. These prices are indicated excluding additional costs (delivery costs) which are added during the Order, before acceptance by the Customer.
The total amount is indicated in the summary of the Order, before the Customer accepts these T & Cs, validates his Order, informs and validates his delivery and billing details, if applicable, and proceeds to payment. This total amount is shown inclusive of all taxes.
The Order of Products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card, check, transfer, Paypal except special conditions of sale expressly accepted by the Customer and the Company.
In the event of payment by bank card, the Site uses the security system of the Crédit Agricole bank, a service provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The bank transaction by bank card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
The Customer guarantees the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
If the Customer pays by Check or Bank Transfer, delivery will not begin until the day the check has been cashed.
If the price is "derisory", the sale can be canceled: Be careful if the sales team has entered a derisory price in the product sheet, very far from the recommended selling price, the sale will be canceled and refunded.
The information relating to your order paid with the 3xCB remote solution is subject to automated data processing for which the manager is FIA-NET SA This automated data processing is intended to determine a level of assurance for a transaction and to fight against payment fraud and in particular against credit card fraud. FIA-NET S.A. and the merchant from whom you make your purchase are the recipients of the data relating to your order. The non-transmission of data relating to your order prevents the completion and analysis of your transaction. The occurrence of an unpaid due to fraudulent use of a bank card or other means of payment will result in the registration of the order data associated with the unpaid within a payment incident file. implemented by FIA-NET SA An irregular declaration or an anomaly may also be subject to specific processing. In accordance with the Data Protection Act of January 6, 1978, you have, at any time, the right to access, rectify and delete all of your personal data recorded by FIA-NET by writing, by mail and by justifying your identity, to FIA-NET - Service Informatique et Libertés - Processing n ° 773061 and n ° 1080905 - 3/5 Rue Saint Georges, 75009 PARIS.
6. DELIVERY
The Product (s) offered on the Site can be delivered to mainland France as well as to member states of the European Union.
The shipping time is indicated in each product sheet. The delivery times (48 / 72h for Colissimo - 24 / 48h for Chronopost) should be added to this shipping time.
In accordance with the rules of the Consumer Code, the time between the validation of the order and the delivery of the Product (s) will not be greater than thirty (30) days.
The Customer is informed by email, when the Order is ready, of its shipment. The Product (s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in these GTC.
The Customer must ensure that the information provided is correct, and that it remains so until complete delivery of the Product (s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and / or delivery details that may occur between the Order and delivery, by sending an email, without delay, to the Customer Service email address. Failing that, in the event of a delivery delay and / or error, the Customer may in no case engage the responsibility of the Company
7. RETENTION OF OWNERSHIP
The Company retains full and entire ownership of the products sold until full payment of the price, principal, costs and taxes included.
8. CUSTOMER SERVICE
For any request for information, clarification or any complaint, the Customer must contact, as a priority, the Company's Customer Service, in order to allow the latter to try to find a solution to the problem.
The Company's Customer Service is accessible from 10 a.m. to 5.30 p.m. on working days using the following contact details:
telephone (not surcharged) 0298203709
email: contact@bst-moto.com
mail: 19 rue Connetable de Richemont - 29260 Lesneven
9 - LEGAL GUARANTEES
All the Products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code. The articles of the Consumer Code are only applicable to Consumers, within the meaning of the Consumer Code.
Article L.217-4 of the Consumer Code: "The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility ".
Article L.217-5 of the Consumer Code: "The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ‘’.
Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods."
Article 1641 of the Civil Code: `` The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. ''
Article 1648 of the Civil Code, first paragraph: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."
If a Customer considers that he has received a Product that he considers to be defective or non-compliant, he must contact the Company, as soon as possible from receipt of the Order, at the following email address: contact @ bst- moto.com, or by registered mail with acknowledgment of receipt to the following address: 19 rue Connetable de Richemont - 29260 Lesneven, specifying the defect or non-conformity in question.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and / or anomalies noted. The Customer must give the Company every facility to establish these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.
If the defects and / or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken note of the complaint thus formulated and, if applicable, will replace the product for which the Company would have been led to note the lack of conformity, or the defect.
In the event that it is impossible to exchange the product, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. The reimbursement will be made at the proposal of the Company by crediting the Client's bank account, the Client being able to opt for a reimbursement method other than the one proposed.
7. RETENTION OF OWNERSHIP
The Company retains full and entire ownership of the products sold until full payment of the price, principal, costs and taxes included.
8. CUSTOMER SERVICE
For any request for information, clarification or any complaint, the Customer must contact, as a priority, the Company's Customer Service, in order to allow the latter to try to find a solution to the problem.
The Company's Customer Service is accessible from 10 a.m. to 5.30 p.m. on working days using the following contact details:
telephone (not surcharged) 0298203709
email: contact@bst-moto.com
mail: 19 rue Connetable de Richemont - 29260 Lesneven
9 - LEGAL GUARANTEES
All the Products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code. The articles of the Consumer Code are only applicable to Consumers, within the meaning of the Consumer Code.
Article L.217-4 of the Consumer Code: "The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility ".
Article L.217-5 of the Consumer Code: "The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ‘’.
Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods."
Article 1641 of the Civil Code: `` The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. ''
Article 1648 of the Civil Code, first paragraph: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."
If a Customer considers that he has received a Product that he considers to be defective or non-compliant, he must contact the Company, as soon as possible from receipt of the Order, at the following email address: contact @ bst- moto.com, or by registered mail with acknowledgment of receipt to the following address: 19 rue Connetable de Richemont - 29260 Lesneven, specifying the defect or non-conformity in question.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and / or anomalies noted. The Customer must give the Company every facility to establish these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.
If the defects and / or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken note of the complaint thus formulated and, if applicable, will replace the product for which the Company would have been led to note the lack of conformity, or the defect.
In the event that it is impossible to exchange the product, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. The reimbursement will be made at the proposal of the Company by crediting the Client's bank account, the Client being able to opt for a reimbursement method other than the one proposed.
12 - RESPONSIBILITY
The Company implements all measures to ensure the Customer the supply, under optimal conditions, of quality product (s). However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure. More generally, if the Company was held liable, it could under no circumstances agree to compensate the Customer for indirect damage or the existence and / or the amount of which has not been established by evidence.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product (s) and other information posted on these websites.
It is expressly stipulated that the Company can in no case be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary of the Order or the shipping tracking e-mail.
The goods ordered by the buyer cannot be compatible with a vehicle that has been modified. When goods ordered by the buyer are not compatible with his vehicle, the Company may accept a return of goods for re-stocking, and then issue a refund or credit.
12 - RESPONSIBILITY
The Company implements all measures to ensure the Customer the supply, under optimal conditions, of quality product (s). However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure. More generally, if the Company was held liable, it could under no circumstances agree to compensate the Customer for indirect damage or the existence and / or the amount of which has not been established by evidence.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product (s) and other information posted on these websites.
It is expressly stipulated that the Company can in no case be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary of the Order or the shipping tracking e-mail.
The goods ordered by the buyer cannot be compatible with a vehicle that has been modified. When goods ordered by the buyer are not compatible with his vehicle, the Company may accept a return of goods for re-stocking, and then issue a refund or credit.
in the event of failure to deliver, and the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense.
The Company will also not be liable if the non-receipt of the Products is due to the act of a third party outside its intervention or in the event of theft.
In the event that the Order is returned due to the Customer's absence, the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense.
The Customer will be able to follow the delivery of his Order with the tracking number that he will have received by email and also available in his customer area. He can also contact Customer Service.
Upon delivery, the Customer is invited to check the package and its contents and to make reservations with the delivery person on the receipt before accepting delivery.
13.1 - COOKIES AND STATISTICAL TOOLS
As part of the use of the Site by Customers, the Company may use cookies.
In accordance with CNIL deliberation n ° 2013-378 of December 5, 2013, the Company also informs Customers that cookies record certain information which is stored in the memory of their hardware / computer equipment. This information is used to improve the use and operation of the Site. A warning message asks each person visiting the Site, in advance, if they wish to accept cookies. These cookies do not contain confidential information about Customers.
The Customer going to the home page of the Site will be informed:
the precise purposes of the cookies used;
the ability to oppose these cookies and change the settings by clicking on a link in the banner;
and the fact that the continuation of its navigation constitutes agreement to the deposit of cookies on its terminal.
To guarantee the free, informed and unequivocal consent of the Customer, the banner will not disappear until he has continued browsing.
Unless the Customer gives prior consent, cookies will not be placed and read:
if the Customer goes to the Site (home page or directly to another page of the Site) and does not continue browsing: a simple lack of action cannot in fact be assimilated to an expression of will;
or if he clicks on the link in the banner allowing him to configure cookies and, if applicable, refuses the deposit of cookies.
The Customer is informed that third-party cookies allowing retargeting are inserted on the Site.
13.2 - SAFETY
The Customer agrees not to undermine the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the Company's information system. The Client may not harm or hinder the Company's information system either. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 et seq. Of the Criminal Code.
14. INTELLECTUAL PROPERTY
All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and / or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
The BESTUNTPROD name and brand, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company. BST Moto is a registered trademark at the INPI under the number 174386468. BST Colors is a registered trademark at the INPI under the number 4306559.
No title or right whatsoever to any element or software will be obtained by downloading or copying material from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more that modify them or carry out any work taking them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Client of the corporate names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of the express prior consent of the Company.
15 - NEWSLETTER
By checking the box provided for this purpose or by expressly agreeing to this end, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (information letter) that may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for products similar to those ordered.
Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (information letters).
16 - AGREEMENT ON PROOF
The "clicks" of the Customers carried out under the acceptance of these general conditions of sale, but also under the order, constitute an electronic signature which has, between the parts, the same value as a handwritten signature.
The computerized registers kept in the Company's computer systems will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties.
The archiving of orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
17 - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These GTCS are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
In the event of a dispute that may arise during the interpretation and / or execution of these or in connection with these GTC, and the Customer is a consumer, the latter may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
To this end, BST MOTO guarantees consumers the effective use of a consumer mediation system.
The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address listing all the dispute resolution bodies approved in France: https://webgate.ec. europa.eu/odr/.
If this mediation procedure fails or if the Client wishes to seize a court, the rules of the Code of Civil Procedure will apply.
If the Client is a professional, any dispute will be brought before the Brest Commercial Court.
The Parties undertake to carry out an attempt at conciliation before any recourse to the judge.