General terms and conditions of sale LIFT MTB

Terms and conditions of use of the site and general sales conditions

Any order under a product appearing in the online store of the website lift-mtb.com requires consultation and prior acceptance of these general conditions.
Consequently, the consumer recognizes to be perfectly informed of the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the store of the Web site.
The consumer has the option of saving or editing these general conditions, it being specified that both the saving and editing of this document is his sole responsibility.
The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for a personal use of his part.
As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website were in fact related to his professional activity.
The online store set up by the company within the framework of the website mentions the following information:
◾Legal notice allowing a precise identification of the directors of the lift-mtb.com site
◾ presentation of the essential characteristics of the goods offered
◾indication, in Euros of the price of the goods, as well as, where appropriate, delivery charges, customs and VAT… may be applicable especially for deliveries outside Europe.
◾Any return due to non-payment of additional fees related to the import of the product will not be accepted.
◾indication of payment and delivery terms
◾the existence of a right of withdrawal
◾the period of validity of the offer or price.
All this information is presented in French. The consumer declares to have the full legal capacity to commit himself under these general conditions

Article 1: Completeness

The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or given by the consumer will be able to be integrated into the present, since these documents would be incompatible with these general conditions.

Article 2: Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the company lift-mtb to the consumer.

Article 3: Contractual documents

This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions; the purchase order. In case of contradiction between the provisions contained in documents of different rank, the provisions of the higher ranking document shall prevail.

Article 4: Entry into force – duration

These terms and conditions come into force on the date of the order form. The present general conditions are concluded for the duration necessary for the supply of the ordered goods, until the extinction of the guarantees due by the company lift-mtb.

Article 5 : Electronic signature

The “click” of the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Article 6 : Order confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.

Article 7: Proof of the transaction

The computerized registers, kept in the computer systems by the representatives of lift-mtb in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.

Article 8: Product information

8-a: lift-mtb presents on its website the products to be sold with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order the essential characteristics of the products he/she wishes to buy.
8-b: The offers presented by the company lift-mtb are valid only within the limits of available stocks.

Article 9 : Prices

The prices are indicated in euros and are valid only at the date of the sending of the order form by the consumer. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order via personalized email. The prices are inclusive of tax for the European Union and the prices are exclusive of tax for sales outside the European Union, the possible rights and taxes of imports are the responsibility of the buyer. The payment of the totality of the price must be realized at the time of the order. At no time, the sums paid can be considered as deposits or down payments.

Article 10 : Method of payment

To pay for his order, the consumer has, at his choice, all the methods of payment referred to in the ordering process. The consumer guarantees to the company lift-mtb that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. lift-mtb reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non payment. the legal representative of lift-mtb reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part a previous order or with whom a payment dispute is being administered. The lift-mtb company has set up an order verification procedure to ensure that no one uses another person’s bank details without their knowledge.

Article 11: Availability of products

The order will be executed at the latest within 15 days from the day after the consumer has placed his order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility of cancelling his order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product by another of the same value.

Article 12 : Delivery terms

The products are delivered to the address indicated by the consumer on his customer account at the time of his order, or in the nearest relay point.

The consumer is required to check the condition of the packaging of the goods upon delivery and to report any damage to the carrier on the delivery slip, as well as to the company, within one week.
The consumer can, at his request, obtain an invoice in PDF format at the billing address and not at the delivery address by going to his account on the store in the section “History of your orders”.
Regarding shipping, we work primarily with the post Colissimo Suivi / UPS / chronopost. As soon as we proceed with a shipment, you will receive an information e-mail as well as a link and a number that will allow you to follow the delivery of your package online.
lift-mtb does not ship on Saturdays, Sundays, Mondays and holidays.

Packages are generally dispatched within 2 days after receipt of payment and are shipped via Colissimo with tracking and drop-off without signature. The standard shipping method is Colissimo suivi / or UPS point relais / see chronpost point relais. Whichever shipment method you choose, we will provide you with a link to track your package online as soon as possible.

Shipping fees include packaging, handling and postage. They can contain a fixed part and a variable part according to the price or the weight of your order. We advise you to group your purchases in a single order. We cannot group two distinct orders and you will be charged for each one. Your package is shipped at your own risk, special care is taken for packages containing fragile products.
You will be notified by email or SMS of the arrival of the package in the relay point.

If the parcel is sent to your home and you are absent on the day of delivery, your letter carrier or the deliveryman will leave a notice in your mailbox, which will allow you to withdraw your parcel at your post office or relay point during opening hours, within 15 days.

Colissimo Suivi or other means of transport which we use are very reliable services. However, as with any shipment, there may be a delay in delivery or the product may go astray. In case of delay in delivery in relation to the date that we have indicated in the shipping email, we ask you to report this delay by calling us by phone or by sending us an email. We will then contact the Post Office or the carrier to start an investigation. A Post survey can last up to 21 days from the date of the start of the survey. If during this period, the product is found, it will be immediately sent back to your home (in most cases). If on the other hand the product is not found at the end of the 21 days of investigation, the Post office considers the parcel as lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would refund the amount of the products concerned by the loss of the carrier. If the product(s) were still available, but had changed its selling price on the site, we would apply the new selling price, either by refunding you by check for the difference, or by requesting an additional check for the price difference. We decline any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products or strike.

Article 13 : Delivery problems due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, damaged products …) must be indicated on the delivery order in the form of “handwritten reserves”, accompanied by the signature of the customer. The consumer must confirm this anomaly by sending the carrier within two (2) working days following the date of delivery a registered letter with acknowledgment of receipt stating the said claims. The consumer must send a copy of this letter by mail to our customer service:
LIFT-MTB
33 avenue de toulon
83400 HYERES

Article 14: Delivery errors

The consumer will have to formulate with lift-mtb.com the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any claim made after this period will be rejected.

The formulation of this claim to the company LIFT-MTB can be made :
– in priority by mail from Tuesday to Friday from 2:30 pm to 7:00 pm,
– by connecting you on our site in the heading “Contact” where, you will be able to put your question to us to the customer service by specifying the reference of the order well.

Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the persons in charge for the mark and the site lift-mtb of any responsibility with respect to the consumer.

Upon receipt of the claim, the brand and site lift-mtb will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the consumer. The exchange of a product can only take place after the consumer has been assigned an exchange number according to the procedure outlined above.

In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the persons in charge of the brand and the site lift-mtb as a whole and in its original packaging, in Colissimo Recommandé, to our address.

To be accepted, any return must be reported in advance to the Customer Service of the brand and the site lift-mtb.

Shipping costs are at the customer’s expense.

Article 15 : Product warranty

In accordance with Article 4 of the decree n°78-464 of March 24, 1978, the provisions of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the latent defects of the sold thing. The consumer is expressly informed that the persons in charge of the brand and of the lift-mtb website is not the producer of all the products presented within the framework of the website, within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products. Consequently, in the event of damage caused to a person or a good by a defect of the product, only the responsibility of the producer of this one will be able to be sought by the consumer, on the basis of information appearing on the packing of the aforementioned product. The conditions and duration of the producer’s warranty are indicated on the product sheets.

Article 16: Right of withdrawal

The consumer has a period of 10 working days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the consumer’s order. If this period expires on a Saturday, Sunday, holiday or non-working day, it is extended to the next working day.
Any return must be reported in advance to the Customer Service of the brand and the site lift-mtb
– in priority by mail from Tuesday to Friday from 2:30 pm to 7:00 pm,
– by connecting to our site in the “contact” section.
The product will have to be returned in Colissimo Recommandé to the address which will be indicated to you after acceptance, it is has the load of the customer to take the necessary measures in term of insurance return and packing of the parcel in order to avoid any litigation.

Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, used, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for the cost of return and possible taxes, import and / or export. In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In case of exercising the right of withdrawal, the persons in charge of the brand and the lift-mtb website will make every effort to reimburse the consumer within 15 days.
The consumer will then be refunded by check or bank transfer.

Article 17: Force majeure

Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, impeded or prevented by an act of God or force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, in spite of all the efforts reasonably possible. The party affected by such circumstances will notify the other within ten business days of becoming aware of the circumstances. The two parties will then meet, within a period of one month, except in the event of force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts longer than three months, these terms and conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers

Article 18: Partial non-validation

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.

Article 19: Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.

Article 20: Title

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 21: Applicable Law

The present general conditions are subject to French law. This is true for both substantive and formal rules. In case of dispute or claim, the consumer will address in priority to the persons in charge of the brand and the site lift-mtb to obtain an amicable solution. In a second step and in case of recourse, the consumer will be able to file a complaint with, via its dedicated dialog box.

Article 22: Data processing and freedom

The information requested from the consumer is necessary for the processing of his order and may be communicated to contractual partners responsible for the brand and the site lift-mtb involved in the execution of this order. The consumer may write to the persons in charge of the brand and of the lift-mtb website, whose coordinates are in the confidentiality charter appearing within the framework of the website, to oppose such a communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of the persons in charge of the brand and of the lift-mtb website, under the conditions provided for by the law of 6 January 1978.

Article 23 : Modification of the general sales conditions

The persons in charge of the brand and the lift-mtb website reserve the right to modify the present General Terms and Conditions of Sale.

In the event of a dispute and in the absence of an agreement, the parties will refer the matter to the Commercial Court of Toulon (Var / France).

Article 24:

Please note that LIFT-MTB kits are not approved for use on open roads if they are not equipped with a 25km/h flange system.

We remind you to declare the acquisition (or to modify a previous declaration of acquisition) for your bike equipped with the lift-mtb system in the same way as a mini motorcycle, a mini quad or any other moped, motorcycle, motor tricycle or motor quadricycle, the speed of which may exceed 25 km/h by construction, and which is not subject to approval, i.e. which is not designed and authorized to circulate on the public highway.

The declaration is made to the Bureau de la Sécurité et de la Réglementation Routière of the Ministry of the Interior, Overseas and Territorial Communities.

https://mdel.mon.service-public.fr/declaration-mini-moto-mini-quad.html