OWNERSHIP OF THE SITE
This site is the property of the company NEW EFFIGEAR, a simplified joint stock company with a capital of €143,310, whose headquarters is located at 953 route de Chezenas in MACLAS (42520), registered on the TRADE AND COMPANIES REGISTER of SAINT-ETIENNE under number 885 185 322, firstname.lastname@example.org, +33 (0)9 50 68 19 88.
This site is hosted by OVH, 2 rue Kellermann, 59100 Roubaix, France, 1007.
USE OF SITE DATA
Users of this site are required to respect the provisions of the law relating to information technology,
files and freedoms, the violation of which is punishable by criminal penalties. In particular, they must
refrain, with regard to the nominative information to which they have access, from any collection,
any misuse and, in general, from any act likely to infringe the privacy or reputation of individuals.
The general structure, software, text, images and all other elements comprising the site are the
exclusive property of the company NEW EFFIGEAR.
The reproduction or representation, in whole or in part, pages, data and any other component of the
site, by any means or medium whatsoever, is prohibited and constitutes, without the express
permission of the company NEW EFFIGEAR, an infringement punishable by articles L335-2 et seq. of
the Code of Intellectual Property.
The brand EFFI GEAR, as well as the logos appearing on the site, are registered trademarks or are the
property of its partners.
Any total or partial reproduction of these trademarks or logos made from elements of the site
without the express permission of the company NEW EFFIGEAR is prohibited under Article L713-2 of
the Code of Intellectual Property.
The photographs and characteristics communicated on the site are not contractual.
CNIL NOTES- PERSONAL DATA
The Customer is informed and agrees that his/her personal data may be collected on this site and used by the company NEW EFFIGEAR which acts as a controller within the meaning of EU Regulation 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 on the free movement of such data (hereinafter General Data Protection Regulation or GDPR).
The company NEW EFFIGEAR undertakes to protect and ensure the security and confidentiality of personal data of its customers in accordance with the GDPR, including taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorised parties.
The personal data of the Customers are collected for the following purposes: order processing and management, re-use for commercial purposes.
Personal data is only kept for the time strictly necessary to fulfil the above-mentioned purposes.
In accordance with the GDPR, the Customer has a right of access, rectification and opposition to personal data concerning him/her. The Customer may exercise this right by sending a request by e-mail or post to the following addresses: NEW EFFIGEAR SAS, 953 route de Chezenas, 42520 MACLAS, or email@example.com, indicating his/her name, first name, e-mail address and customer
Director of publication: Vincent Lecornu
GENERAL TERMS AND CONDITIONS FOR CONSUMER SALES
ARTICLE 1 - SCOPE OF APPLICATION
These General Conditions of Sale (GCS) apply, without limitation or qualification to all sales made
by the company NEW EFFIGEAR (the "Seller") to consumers and non-professional buyers (the
"Customers" or the "Customer"), wishing to acquire the products (the "Products") and services
(the "Services") offered for sale by the Seller on the website www.effigear.com (the "Website").
They specify in particular the conditions for immediate purchase, placing of orders, payment, and
delivery of the Products and Services ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special terms and conditions,
set out on the Website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions,
and in particular those applicable to sales in shops or through other distribution and marketing
They are accessible at any time on the Website and will prevail, if necessary, over any other version
or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, but the
version applicable to the Customer's purchase is the one in force on the website at the time the
order is placed.
The modifications of these General Terms and Conditions of Sale are opposable to the users of the
Website from the moment they are put online and cannot be applied to transactions concluded
The Customer declares that he/she has read these General Terms and Conditions of Sale and has
accepted them by ticking the box provided for this purpose prior to the implementation of the online
The validation of the order of Products and/or Services by the Customer implies acceptance without
restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges that he/she has the required capacity to contract and acquire the
Products and Services offered by the Seller on the Website.
ARTICLE 2 - PRODUCTS AND SERVICES FOR SALE
2.1 The Products for sale on the Website are the following:
- Transmission (gearbox) and electric motor cycle systems and associated peripherals;
- Cycle accessories and peripherals;
- Complete assembly bike and frame kit.
The main characteristics of the Products and in particular the specifications, illustrations and
indications of dimensions or capacity of the Products are presented on the Website.
The Customer is obliged to read them before placing an order. The choice and
purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and do not engage the
responsibility of the Seller.
The Customer is obliged to refer to the description of each Product in order to know its properties,
essential features and delivery times, as well as, in the case of continuous or periodic supply of a
good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest when the Customer
validates the order.
2.2 The Services offered for sale on the Website are the following:
- After-sales service for cycle transmission systems (gearbox) and peripherals;
- Complete mountain bike after-sales service;
- Specific services on request.
2.3 The Products presented on the Website are offered for sale in the following territories:
- Metropolitan France and Overseas French Territories;
- All over the world.
The Services presented on the Website are offered for sale in the following territories:
- Metropolitan France and Overseas French Territories;
In the case of an order to a country other than metropolitan France, the Customer is the importer
of the Products concerned.
For all Products shipped outside the European Union and French overseas departments and
territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties
or other local or state taxes may be payable. They shall be at the expense and under the sole
responsibility of the Customer.
In the event of an order for a Service by a Customer residing in a country other than metropolitan
France, a quotation will be drawn up by the Seller and submitted to the Customer, including in
particular the cost of return transport, labour and any parts supplied.
ARTICLE 3 - VALIDITY PERIOD OF THE PRODUCT OFFER
Product offers are subject to availability, as specified when the order is placed.
ARTICLE 4 - SELLER'S DETAILS
The details of the seller are as follows:
The Company NEW EFFIGEAR 953 route de Chezenas 42520 MACLAS
885 185 322 SAINT-ETIENNE TRADE AND COMPANIES REGISTER
+33 (0)9 50 68 19 88
In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, delete and move all of his/her personal data by writing, by post and by providing proof of his/her identity, to the Seller's address, mentioned above.
ARTICLE 5 – ORDERS
5.1 PLACING THE ORDER FOR PRODUCTS
It is the Customer's responsibility to select the Products he/she wishes to order on the Website, according to
the following arrangements:
Product selection and placement in a shopping cart;
Validation of the order;
The Customer has the possibility to check the details of his/her order, the total price and to correct any errors before confirming his/her acceptance. It is the responsibility of the customer to check the accuracy of the order and to report or rectify any errors immediately.
The sale is only final after the Customer has received confirmation of acceptance of the order
by the Seller by e-mail, which must be sent without delay.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer can follow the progress of his/her order on the Website.
The Seller does not sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than five (5) identical items.
5.2 PLACING THE ORDER FOR SERVICES
The Customer selects the Services he/she wishes to order on the site, as follows:
Selecting Services and placing them in a shopping cart;
Validation of the order;
Sending a personalised quote;
Acceptance of the quotation sent by the Customer;
Payment for the Services ordered at the time of dispatch of the goods to the Seller for completion
of the services (link provided);
Provision of Services.
The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.
The registration of an order on the Seller's website is completed when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his/her order.
The Customer has the possibility to check the details of his/her order, its total price and to correct possible errors before confirming his/her acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to check the accuracy of the order and to report any errors immediately.
The sale of Services shall not be considered final until the Customer has accepted the quotation drawn up by the Seller and the Customer has paid the price set out in the quotation no later than the date on which the goods are dispatched to the Seller for the performance of the Services ordered.
Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
The company NEW EFFIGEAR reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
5.3 MODIFICATION OF THE ORDER
Any changes to the order made by the Customer may only be taken into account by the Seller
within the limits of its possibilities and provided that the Seller is notified in writing seven at least
(7) days before the date on which the order is to be shipped.
In the event that these modifications cannot be accepted by the Seller, any sums paid by the Customer when placing the order shall be refunded to the Customer within a maximum of fifteen (15) days from the notification of the impossibility of accepting the modifications requested by the Customer, unless the Customer prefers to receive a credit note.
5.4 CANCELLATION OF THE ORDER
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal by the Customer, the occurrence of a case of force majeure or in execution of the provisions referred to in Article 5.3 above.
ARTICLE 6 – RATES
The Products and Services offered by the Seller are supplied at the prices in force on the Website at the time the order is registered by the Seller. Prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts granted by the Seller on the Website.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Website and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the Customer confirms the order, are entirely at the Customer's expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products or provision of the ordered Services.
ARTICLE 7 - PAYMENT CONDITIONS
The price is payable in cash, in full, on the day of dispatch i) of the order by the Seller or
of the Customer's property to the Seller for the execution of the ordered Services according to
accepted quote, by secure payment, as follows:
Bank cards: Visa, MasterCard, American Express;
Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
Payment data is exchanged in encrypted form via the provider of
In the event of late payment and payment of the sums due by the Customer beyond the deadlines set out above, and after the date of payment appearing on the invoice sent to the Customer, late payment penalties calculated at the legal rate of interest on the amount of the purchase price, including VAT, plus shipping costs, appearing on the said invoice, shall be automatically and by operation of law due to the Seller, without any formality or prior notice.
In addition, any delay in payment shall automatically result in the application of a fixed penalty of forty (40) Euros, without prejudice to the penalties for late payment.
Late payment shall also result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer in this respect.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of current orders placed by the Customer.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
ARTICLE 8 - DELIVERY OF PRODUCTS - PROVISION OF SERVICES
8.1 DELIVERY OF PRODUITS
The Products ordered by the Customer will be delivered in metropolitan France, in the French overseas departments and territories and throughout the world, within the delivery time indicated on the Product sheet, to which the time required for processing and delivery is added, to the address indicated by the Customer when ordering on the Website, unless specific details are indicated on the order confirmation sent to the Customer, which shall prevail.
Delivery is the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given as an indication. If the ordered Products have not been delivered within two (2) months after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him/her at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In case of non-conformity of the delivered Product, the Seller - undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Responsibility of the Seller - Guarantee".
Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.
When the Customer has him/herself called upon a carrier that he/she chooses, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs associated with this shall be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
The Customer is obliged to check the condition of the products delivered. The Customer has a period of five (5) days from the date of delivery to express in writing any reservations or claims for non-conformity or apparent defects of the Products delivered (e.g. damaged package already opened, etc.), with all the relevant supporting documents (in particular photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the defects of conformity or the apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in the present General Terms and Conditions of Sale (see warranties, in particular).
8.2 PROVISION OF SERVICES
The Services ordered by the Customer, which include after-sales services and specific services on quotation, will be provided according to the terms and conditions and within the period indicated in the order confirmation sent to the Customer, under the conditions set out in these General Terms and Conditions of Sale.
The Seller undertakes to make its best efforts to provide the Services ordered by the Customer within the framework of an obligation of means and within the time limits specified above. However, these deadlines are given as an indication.
If the Services ordered have not been provided within forty-five (45) days after the indicative date specified in the quotation accepted by the Customer, as from the receipt of the Customer's goods by the Seller, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him/her at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
The identification of the Seller is as follows:
Name - Denomination: NEW EFFIGEAR SAS,
Corporate form: simplified joint stock company,
Share capital: € 143.210,
Head office: 953 route de Chezenas, 42520 MACLAS,
Registration number: 885 185 322 SAINT ETIENNE TRADE AND COMPANIES REGISTER.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the order, in terms of quantity and quality.
The Customer shall have a period of five (5) days from the provision of the Services to submit such reservations or complaints in writing to the Service Provider, together with all the relevant supporting documents.
No claim can be validly accepted if the Customer does not comply with these formalities and deadlines.
The Seller shall refund or rectify to the Customer (as far as possible) as soon as possible and at its own expense, in the manner agreed by the Customer, the Services for which the lack of conformity has been duly proven by the Customer.
ARTICLE 9 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership of the Seller's Products to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be realised at the moment when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his/her right of withdrawal from the Seller, without having to justify his/her reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within five (5) days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, dirty or incomplete Products will not be taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on the website, in which case the Seller shall immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.
The refund will be made within a maximum of fourteen (14) days from the notification to the Seller of the decision to withdraw.
With regard to the provision of Services, the Customer has, in accordance with the law, a withdrawal period of 14 days from the conclusion of the contract to exercise his/her right of withdrawal from the Seller and to cancel his/her order, without having to justify his/her reasons or pay any penalty, for the purpose of reimbursement, unless the performance of the services has begun, with the Customer's agreement, before the end of the withdrawal period.
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the website, in which case the Service Provider shall immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the Customer's wish to withdraw, in particular by post to the Customer Service Department or by e-mail to firstname.lastname@example.org, mentioning the order concerned by this withdrawal.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be refunded.
The reimbursement of the sums actually paid by the Customer will be made within fourteen (14) days from the date of receipt by the Provider of the Customer's notification of withdrawal.
ARTICLE 11 - SELLER'S LIABILITY - WARRANTY
The Products sold on the website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller are automatically and without further payment, independently of the right of withdrawal, in accordance with the legal provisions:
The legal guarantee of conformity, for apparently defective, ruined or damaged Products or Products that do not correspond to the order,
The legal guarantee against hidden defects arising from a material or design fault
or manufacturing defects affecting the products delivered and making them unfit for use,
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
has a period of two (2) years from the delivery of the goods to take action against
may choose between repair or replacement of the Product ordered, subject to the
cost conditions provided for in Article L217-9 of the Consumer Code;
is exempted from proving the existence of a defect in the conformity of the Product during the twenty-four (24) months following the delivery of the Product, except for second-hand goods, for which the period is extended to six (6) months (Article 217-7 of the French Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee that may
possibly cover the Product.
The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with Article 1641 of the Civil Code; in this case, he/she may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.
In order to assert his/her rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned time limits and return or bring back to the shop the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective. In case of delivery, the shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within ten (10) days of the Seller's finding of the lack of conformity or hidden defect.
The refund will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
The Seller shall not be liable in the following cases:
non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check,
in case of misuse, professional use, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
The Seller guarantees, in accordance with the legal provisions and without additional payment, the Customer against any lack of conformity or hidden defect, resulting from a design or production defect of the ordered Services under the conditions and according to the methods defined in the present General Sales Conditions.
In order to assert its rights, the Customer must inform the Seller in writing of the existence of the defects or lack of conformity within a maximum period of ten (10) days from the provision of the Services.
The Seller shall refund or rectify or cause to be rectified (to the extent possible) the services found to be defective as soon as possible and at the latest within ten (10) days after the Seller has established the defect or fault. The refund will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
The Seller's guarantee is limited to the reimbursement of the Services actually paid by the Customer and the Seller shall not be considered as responsible or defaulting for any delay or non-performance following the occurrence of a case of force majeure usually recognised by French jurisprudence.
The Services provided through the Seller's website comply with the regulations in force in France. The Seller shall not be held liable for any failure to comply with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to check.
ARTICLE 12 - INTELLECTUAL PROPERTY
The content of the Website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 13 - PROTECTION OF PERSONAL DATA
Pursuant to Law 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.
The processing of the information provided via the website complies with the legal requirements for the protection of personal data, as the information system used ensures optimum protection of this data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.
This right can be exercised under the conditions and according to the methods defined on the website.
ARTICLE 14 - UNFORSEEABLE CIRCUMSTANCES
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 15 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 –APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the operations arising from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 – Disputes
All disputes to which the purchase and sale operations concluded in application of these General Terms and Conditions of Sale could give rise, concerning their validity, interpretation, execution, termination, consequences and aftermath and which could not be resolved amicably between the Seller and the Customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation [Commission for Consumer Mediation] (Consum. Code art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 18 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been informed, prior to placing the order and concluding the contract, in a clear and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in article L.221-5 of the French Consumer Code, and in particular the following information:
the essential characteristics of the Product(s) and/or Service(s);
the price of the Product(s) and/or Service(s) and related costs (e.g. delivery);
in the absence of immediate execution of the contract, the date or period within which the Seller undertakes to supply the Products and/or Services ordered,
information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
information on legal and contractual guarantees and their methods of
the functionality of the digital content and, where appropriate, its interoperability,
the possibility of resorting to conventional mediation in the event of a dispute;
information on the right of withdrawal (existence, conditions, time limit, how to exercise this right and standard withdrawal form), termination arrangements and other important contractual conditions;
the means of payment accepted.
The fact that a natural person (or legal entity) places an order on the Website implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products and/or Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Seller.
GUARANTEE OF CONFORMITY - LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
Article L217-4 of the Consumer Code
The Seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He/she shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation if the latter was made his/her responsibility by the contract or was carried out under his/her responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the goods must:
Be fit for the purpose ordinarily expected of similar goods and, where appropriate:
correspond to the description given by the Seller and have the qualities that the Seller has presented to the buyer in the form of a sample or model
have the qualities that a buyer may legitimately expect, having regard to the public statements made by the Seller, the producer or his/her representative, particularly in advertising or labelling
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and accepted by the latter.
Article L217-12 of the Consumer Code
An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the Seller, during the course of the commercial guarantee granted to him/her at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the remaining warranty period. This period shall run from the date of the buyer's request for action or from the time the goods in question are made available for repair, if this is after the request for action.
Article 1641 of the Civil Code
The Seller is bound by the warranty for hidden defects of the thing sold which make it unsuitable for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, if he/she had known about them.
Article 1648, paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Website, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.
For the attention of NEW EFFIGEAR, 953 route de Chezenas, 42520 MACLAS,
I hereby give notice of withdrawal from the contract for the order of the following Products:
- Order from .................................................................
- Order number: ...........................................................
- Name of the Customer: ...........................................................................
- Customer's address: .......................................................................
Signature of the Customer (only if this form is notified on paper):
Conception et production :
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Batiste Nosjean et Rémi Flament