General Conditions of sales
Headquarters : 130 impasse des jardins 83100 Toulon
These terms apply to a consumer who has full legal capacity. These conditions apply to all orders that you place on this site.
We do our best to satisfy you. On this site we present you a selection of the essential characteristics of the goods. We will be attentive to comments that you submit to us (click here to access the "contact us" section )
1 The different steps for the conclusion of the contract online
On the Internet exclusively
You make your selection by browsing through the pages of our site. Your selections are added to your cart when you click on "add this product to cart". At any time of your navigation on our site, you can validate your order by clicking on "validate my order".
1.2 Validation of the contract
When you click on "validate my order’, a confirmation message appears. It summarizes all of the products and options selected.
You should check in this order form the set of information transmitted, and in particular all the elements useful for the delivery (delivery address, code, phone...)
If you do not have to modify the form, then you need to be aware of these conditions. If you agree, you must check the box " I have read the general conditions of sale and I accept them without reservation."
To continue your order, you must click "pay my order".
After payment on our secure server ( see "payment"), an acknowledgement of receipt is displayed. It confirms the registration of your order and informs you that a confirmation e-mail message will be sent to you as soon as possible.
1.3 The technical means for identifying and correcting errors
At any time you have the faculty to identify and correct your mistakes commisses when entering your data. When you notice an error after the conclusion of the contract, you must contact us (click here to go to the "contact us" section )
2. The legal and contractual guarantees
2.1 legal Guarantees
In accordance with the legal provisions in force relating to the compliance with the contract, in relation to hidden defects, we will refund, repair or exchange any product apparently defective, damaged or damaged or not corresponding to your order.
We will refund you also for the full costs of return upon presentation of receipts.
2.2 the contractual Guarantees
Second hand products purchased on Briko-Bike may not give the right to a contractual guarantee.
In the event of a problem or failure, you can contact us to know the steps to follow ( click here to access the "contact us" section )
You must retain your purchase invoice to qualify for your warranty contract.
We do our best to satisfy you. We are responsible for the proper execution of these general conditions, However, our liability can not be held liable as a result of a fortuitous event ,a force majeure event, unforeseeable and insurmountable fact of a third to the contract or due to non-compliance of the product to a foreign law in the case of delivery in a country other than France.
3. Deadlines, charges, terms and conditions of delivery
3.1 Terms of delivery
We will deliver the products to the address indicated in the order form.
3.2 delivery Time
We deliver to you not later than the date indicated in the confirmation message of your order.
In case of delay in delivery we will notify you by email as soon as possible and we will offer you a new date.
In case of unavailability of the product ordered, we will inform you as soon as possible. We'll provide you with a quality product or price.
3.3 The monitoring of the delivery
You can contact us by phone at 06.51.55.69.23 for any questions related to your delivery
4. The price
The prices of our products are indicated in euros all taxes included (French VAT and other applicable taxes). They include the costs of processing your order, but excluding shipping costs.
If you ask for a delivery outside the French territory, your order may be subject to possible taxes and to customs duties when it reaches its destination.
The payment of these fees and these fees are your responsibility and we encourage you to check with the competent authorities of your country. You should also check the possibilities of importation or use of the products that you order in the country of destination.
5. The terms of payment and means of securing
5.1 Means of payment
You have several payment methods to pay for your purchases on www.briko-bike.com
By bank card : Visa, MasterCard, American Express, other cards
The payment is done on secure banking servers of our partner Braintree (Owned by PayPal) , this implies that no banking information concerning you is transmitted via our site.
Payment by credit card is perfectly secure ; your order will be recorded and confirmed upon acceptance of payment by the bank that you have chosen.
By PayPal :
With PayPal your financial information is never communicated to briko-bike. In fact, PayPal encrypts and protects your card number. Pay online by simply indicating your email address and your password.
Payments via our website are the subject of a security system. We have adopted the SSL (Secure Soket Layer) to encrypt credit card information. To protect you from any intrusion, we do not store credit card numbers on our computer servers. Credit card numbers are processed by Braintree (Owned by PayPal), which returns a number retail.
6. Satisfied or reimbursed : procedure for exercising right of withdrawal
In accordance with the legal provisions, within 14 days after receipt of your product, you can exercise your right of withdrawal. You don't have to justify reasons nor to pay penalty. With the exception of the expenses of return which remain at your charge, we will refund you the full amount paid to the reception of your return and after inspection of the parts which must be in the same condition that the pictures of the advert time.
In accordance with the legal provisions, the right of withdrawal cannot be exercised for goods made to order, such as sanding or painting of a framework
7. The duration of the contract and the validity of the price .
The prices take account of the T. V. A. applicable on the date of the order and any change in the applicable rate of T. V. A. will automatically be reflected on the price of the products sold on www.briko-bike.com
The products remain the full property of briko-bike until the complete cashing of the price by MOUTAUD-TRICCA Patrick .
Our price offers are valid only in the limit of the respective offer and available stocks.
Our offers of goods and prices are valid if they are online on the site at the date of the order
8. Applicable law/ competent Court
These terms and conditions are subject to French law.
In the event of a dispute on the substance or on the shape, the French courts will be only competent
9. Personal information
We collect your personal information to manage your orders and follow-up of our commercial relations. They can be transmitted to our partners, exclusively for the fulfilment of your orders, in accordance with these terms and conditions
In accordance with the law informatique et libertés of 6 January 1978, you have a right of access, cancellation, rectification and opposition to personal data concerning you. You simply write us online at customer Service or by mail, indicating your name, surname, email address, address and if possible your customer reference.
Appendix 1 : Provisions of the consumer Code concerning the legal guarantee of conformity
The seller is obliged to deliver goods in conformity with the contract and answers defects of compliance existing during the issuance.
He also answers defects of conformity resulting from the packaging, instructions for assembly or installation when it was put at its load by the contract or was realized under its responsibility.
To comply with the contract, the good must :
1° Be fit for the use habitually expected of a similar good and, if applicable :
- match the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model ;
- present the qualities that a purchaser can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling ;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable to any special use sought by the purchaser, brought to the knowledge of the seller and the latter accepted.
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know and was not legitimately not know about them.
The defects of conformity which becomes apparent within a period of six months from the delivery of the goods shall be presumed to exist at the time of issuance, unless evidence to the contrary.
The seller may counter this presumption if it is not compatible with the nature of the property or the non-conformity invoked.
The buyer is entitled to demand compliance with the contract. However, he cannot challenge the compliance by invoking a default he knew or could not ignore when contracted. It is also the case when the defect has its origin in materials he himself provided.
In case of lack of conformity, the buyer chooses between repair and replacement of the property.
However, the seller may not proceed depending on the choice of the buyer if this choice involves a manifestly disproportionate to cost the other modality, taking into account the value of the property or of the importance of the defect. It is so bound to proceed, unless this is impossible, according to the modality not chosen by the buyer.
If repair and replacement are impossible, the buyer can make good and get refund the price or keep the property and to be a part of the price.
The same faculty is open to :
1° If the solution sought, offered, or agreed to pursuant to article L. 211-9 may not be implemented in the period of one month following the claim of the buyer ;
2° Or, if this cannot be done without major inconvenience to it given the nature of the property and use it to search.
The resolution of the sale may not, however, be pronounced if the lack of conformity is minor.
The application of the provisions of articles L. 211-9 and L. 211-10 shall be effected without any cost to the purchaser.
These same provisions do not preclude the allocation of damages.
The action resulting from the defect of conformity is prescribed by two years from delivery of the goods.
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as resulting from articles 1641 to 1649 of the civil code, or any other action of a contractual or non-contractual which is recognized by the law.
The action under a right of recourse can be exercised by the seller final against sellers or intermediaries successive and the producer of the tangible personal property, in accordance with the principles of the civil code.
Annex 2 : Provisions in the civil Code on the warranty against hidden defects
Article 1641 of the French
The seller is obliged to guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price if he had known.
The seller is not liable for apparent defects which the buyer has been able to convince himself.
The seller of a building to be constructed cannot be discharged, nor before receipt of the work, or prior to the expiration of a period of one month after the taking of possession by the purchaser, construction defects or defects of conformity so apparent.
There will be no rise to cancellation of the contract or reduction in price if the seller is obligated to repair.
It is liable for the hidden defects, even when he would not have known, unless, in this case, he has indicated that he will not be obliged to any warranty.
In the case of articles 1641 and 1643, the buyer has the choice to make the thing and get refund the price or keep the thing and make it a part of the price, as it will be arbitrated by experts.
If the seller knew of the vices of the thing, it is held, in addition to the refund of the price that he has received, for all damages towards the buyer.
If the seller was unaware of the defects of the thing, it is not to be held to restitution of the price and to reimburse to the purchaser the expenses occasioned by the sale.
The seller of a building to be constructed is required, from the receipt of the work, the obligations for which the architects, contractors, and other persons related to the employer by a contract of lease of work, are themselves bound pursuant to articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These warranties benefit the successive owners of the building.
There will be no place in resolution of the sale or reduction in price if the seller is obligated to repair the damage as defined in articles 1792, 1792-1 and 1792-2 of this code, and to assume the guarantee provided for in article 1792-3.
If the thing which had defects has perished as a result of its poor quality, the loss is on the seller, who will be liable to the buyer for the restitution of the price and other compensations explained in the two preceding articles.
But the loss arrived by a fortuitous event shall be for the account of the buyer.
The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be lodged, under penalty of foreclosure, in the year that follows the date on which the seller may be relieved of vices or defects of conformity apparent.
It does not take place in sales made by authority of justice.