Terms of sale

applicable from November 1st, 2024

OVERVIEW

These conditions of sale are the only ones applicable to all orders placed by the buyer, customer or in a general sense the counterparty to the seller, the company The Cyclist House SAS with a share capital of 1,000 euros, registered in the Strasbourg Trade and Companies Register under number 914 075 973 since June 1, 2022, and whose registered office is located at 204 avenue de Colmar, 67100 Strasbourg.

By visiting our site and purchasing a product from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Sale"), including any terms, conditions and policies referenced herein and/or hyperlinked thereto, such as the followingterms of use and theprivacy policy. Your knowledge of these conditions and your acceptance will be confirmed by ticking the box on the website before concluding the sale.

In the absence of The Cyclist House's written acceptance, these general terms and conditions of sale exclude all general and special terms and conditions of purchase of the buyer.

These terms and conditions of sale are in addition to/complementary to the terms of use and privacy policy.

SECTION 1 - PRODUCTS

1.1 The products will be sold in the state in which they are, well known and accepted by the buyer. The buyer is obliged to examine the product sold and its conformity at the time of delivery.

1.2 We have made every effort to present the colors and images of the products shown in the store as accurately as possible. However, we cannot guarantee that the colors or characteristics will be displayed accurately on your computer screen.

1.3 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, or even cancel orders if any information in the Service, in relation to the products or on any related website is inaccurate, at any time if the product is not yet sold or within 14 days after an order has been placed based on inaccurate information.

1.4 You must interpret and use the information provided on the Site as a reasonable person would and you may not rely on any information that is reasonably clear to be inaccurate.

1.5 By entering into the contract, the buyer confirms that he has been correctly and fully informed by the seller. (e.g. on technical specifications and other general characteristics concerning the object/subject of the contract)

SECTION 2 - INVOICING AND PAYMENT

2.1 Payment is made directly on the website. In the event of problems with payment, or in the event of a waiver of payment by the website, products must be paid for at the time of delivery.

2.2 In all circumstances, the products remain the property of The Cyclist House until full payment has been received. Until this date, the purchaser shall not have the right to pledge the products or use them as security, in the broadest sense of the word.

2.3 In the event of non-payment on the due date, the purchaser will be liable to pay compensation equivalent to 15% of the amount due, with a minimum of € 100 and with interest at 12%, subject to the right of The Cyclist House to prove greater damage.

2.4 In the event of non-payment or default or serious breach of the buyer's obligations, The Cyclist House reserves the right to cancel the delivery and terminate the contract without prior notice. From this moment, The Cyclist House shall have the right to reclaim the goods sold, if they have already been delivered, without prejudice to its right to compensation for actual damage.

2.5 Complaints concerning invoices must be submitted in writing within 8 days. After this period, complaints will no longer be accepted.

SECTION 3 - WARRANTIES, PRODUCT USE AND COMPLAINTS

3.1 The Cyclist House grants a one (1) year warranty on products sold by the site.

3.2 As these are pre-owned bicycles, however Certified Pre-Owned, a two (2) year warranty is not applicable.

3.3 The warranty period begins from the date of purchase and automatically ends one (1) year later. Claims will no longer be accepted if they are not made within the warranty period. Product defects caused by the purchaser's fault or lack of maintenance are not covered by the warranty. The warranty applies to all structural parts of the bicycle: frame, Battery, motor and electronics. In the event of a problem covered by the warranty, The Cyclist House will endeavor to repair the bike. If the bike cannot be repaired, the purchaser will receive a voucher for the original purchase price. This voucher will be valid for 1 year from the date of issue.

3.4 The purchaser is obliged to use and maintain the bike in accordance with the manufacturer's instructions. The warranty exclusions provided by the manufacturer are also excluded by The Cyclist House.

3.5 The purchaser is expressly warned that the Battery of the bicycle must be checked before and after use, as the Battery could pose a fire hazard.

3.6 It should also be noted that the use of a bicycle with a certain power output may be subject to compulsory insurance in certain countries and regions. It is the responsibility of the purchaser to find out about legal and insurance obligations when using an electric bicycle (e.g. compulsory registration or liability insurance).

3.7 The purchaser is obliged to check the product for visible defects at the time of delivery and to report these to The Cyclist House within a short time after delivery, if he/she wishes to claim damages. A period of 2 days after delivery is considered short.

3.8 Complaints concerning products sold must be communicated to The Cyclist House within a reasonable time after discovery. Late complaints will not be accepted. The customer must contact The Cyclist House after-sales service by email or telephone to report the problem. The Cyclist House will acknowledge receipt of the request by email within 24 hours. The Cyclist House will make an initial remote diagnosis of the problem. The customer undertakes to answer any further questions and to provide photos or videos if necessary within a reasonable time. Whenever possible, The Cyclist House will try to resolve the problem remotely or via a partner store in the customer's area. If this is not possible, The Cyclist House will arrange for the bike to be returned to its workshop in Strasbourg for repair. In all cases, the customer must wait for instructions from The Cyclist House before taking full responsibility for the repair.

3.9 Complaints concerning products sold must be communicated by the purchaser whose name appears on the invoice. The Cyclist House. Complaints from subsequent buyers will not be accepted.

SECTION 4 - DELIVERY AND RIGHT OF WITHDRAWAL

4.1 Delivery times are given for information only and are not binding. The Cyclist House. Delivery will nevertheless be made within 30 days, except in cases of force majeure or exceptional circumstances. Only if delivery has not been made or is unlikely to be made within 30 days of the order, without justification, may the purchaser cancel the order. The buyer's right to compensation in the event of late delivery is limited to the right to cancel the contract free of charge and to obtain reimbursement of the amount paid.

4.2 The Cyclist House bears the risk of deterioration and/or loss of the products until the buyer takes possession of them or the products are delivered to the address indicated.

4.3 The right of withdrawal only applies to distance sales and for non-discounted products, for which all sales are final. The consumer (non-professional) has a right of withdrawal within a period of 14 days after delivery, with no obligation to give reasons. The Cyclist House extends the duration of this right of withdrawal to 30 days after delivery. In the event of retraction, the consumer-buyer is obliged to return the unused product, in the condition in which it was delivered and in the original undamaged packaging, at the consumer-buyer's expense, within 14 days of retraction.

4.4 In the event of retraction on your part, The Cyclist House will inform you as soon as the retraction request has been registered and the product has been returned. Upon receipt of the returned product and after verification of its condition, we will refund all payments received, including delivery costs, with the exception of €80 return management costs, and any additional costs arising from the fact that you have opted for a delivery method other than the cheaper standard delivery method offered by The Cyclist House. We will make the refund using the same payment method you used for the original transaction.

4.5 If The Cyclist House finds that the returned product has been used, is damaged, is not in the same condition as it was delivered, or if the packaging has been damaged to the extent that it is no longer usable, The Cyclist House will have the right to refund only part of the payment, in proportion to the extent of the damage. If you return the product more than 14 days after exercising your right of withdrawal, The Cyclist House also reserves the right to refund only part of the payment received or to refuse the return.

4.6 The purchaser undertakes always to exercise the right of withdrawal reasonably and correctly.

SECTION 5 - FORCE MAJEURE

In the event that The Cyclist House is unable to perform the contract due to force majeure, it retains the right to cancel the contract simply by sending an e-mail stating the reason why performance of the contract is impossible. In this case The Cyclist House does not owe any compensation to the buyer. Force majeure includes strikes or lock-outs, lock-downs, fire, mobilization, seizure, embargo, revolt, war, lack of means of transport, pandemics, epidemics, and any other situation beyond the control of The Cyclist House and which reasonably prevents performance of the contract.

SECTION 6 - LIMITATION OF LIABILITY

6.1 The purchaser acknowledges and accepts that the products sold must be maintained in good condition and must be used as a reasonable, prudent and far-sighted person.

6.2 Before any use, the bicycle must be checked on its essential points to avoid accidents, e.g. condition of brakes, tires, Batterysaddle and lighting. Wheel axles must be secure and free of play. If the rider senses any abnormality while riding, the bike should be checked immediately by a professional. The manufacturer's operating instructions must be read and followed. If the bike is poorly maintained or used improperly, this is the responsibility of the purchaser, without any right to compensation. The Cyclist House cannot be held responsible for any damage.

6.3 The obligation of compensation by The Cyclist House shall in any event be limited to the damage for which The Cyclist House is insured. The indemnity will never be higher than the amount to be paid by the insurer.

6.4 In the event of The Cyclist Houseis liable for any damage suffered by a user of the site which is not covered by insurance, despite what is agreed in these conditions, the liability of The Cyclist House shall in all cases be limited to the amount of the price paid by the purchaser to The Cyclist House to the exclusion of any other damages permitted by law.

SECTION 7 - APPLICABLE LAW

7.1 These conditions of sale are governed by French law. Any dispute between the parties and these conditions which cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of Paris.

7.2 Any legal action or claim by the purchaser against The Cyclist House must be instituted within one year of a timely complaint, under penalty of forfeiture.

SECTION 8 - MODIFICATIONS TO CONDITIONS OF SALE

8.1 You may consult the most recent version of the conditions of sale at any time on the website of The Cyclist House.

8.2 We reserve the right, at our sole discretion, to update, modify or replace any part of these terms and conditions of sale by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time for changes. The conditions of sale in force and applicable at the date of sale will be applied between the parties.

SECTION 9 - MISCELLANEOUS

9.1 The invalidity or inapplicability of any clause of these General Terms and Conditions shall not affect the validity or applicability of the other clauses. If necessary, the invalid or inapplicable clause will be replaced and/or adapted by mutual agreement by a valid clause which is the closest from an economic point of view and taking into account the intentions of the parties at the time of conclusion of the contract.

9.2 These Terms of Sale or any other policies or operating rules published by us on our site or relating to the Service or product constitute the entire understanding and agreement between you and us, and govern the contract of sale.

They supersede all prior and contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, any prior version of the Terms of Sale). Any ambiguity as to the interpretation of these Conditions of Sale shall not be construed to the detriment of the drafting party.

9.3 Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, unless such waiver has been confirmed in writing.

SECTION 10 - CONTACT INFORMATION

Questions relating to the Terms of Sale should be sent to us at contact@thecyclisthouse.com.