General Terms and Conditions of Sale and Delivery

1. Purpose:

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer about the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. These terms and conditions apply, without restriction or reservation, to all sales by the company Frenchys Distribution of the products offered on its website “Frenchys Distribution”.
Consequently, the fact that any person places an order for a product offered for sale on the website of Frenchys Distribution implies full and complete acceptance of these general terms and conditions of sale, which the Buyer acknowledges having read prior to placing an order.
The products are offered for sale in the following geographical areas: mainland France, Corsica, French overseas departments and territories (DOM-TOM), as well as the member states of the European Union.
Prior to placing an order, the Buyer declares that the purchase of products on “Frenchys Distribution” is not directly related to his/her professional activity and is limited to strictly personal use, and that he/she has full legal capacity to commit to these general terms and conditions of sale.
Frenchys Distribution reserves the right to modify these general terms and conditions of sale at any time.

2. Identity of the Company FRENCHYS DISTRIBUTION

Registered office: ZI de Colombier Grange Église, 69590 Saint Symphorien sur Coise, France – 484 896 337 RCS LYON

3. Access to the Website

The Buyer is solely responsible for setting up the computer and telecommunications resources required to access the “Frenchys Distribution” website. The Buyer shall bear the telecommunication costs incurred when accessing the Internet and using the site.

4. Formation of the Contract and Orders

4.1. Prices

The sale prices of the products available online on the “Frenchys Distribution” website, indicated in Euros, are those in force at the time the Buyer confirms the order form.
The price and availability of products on the site are guaranteed for online payments. Prices do not include shipping costs (unless otherwise stated), which are invoiced in addition to the price of the products purchased, depending on the total amount of the order. Shipping costs will be indicated before the Buyer confirms the order.
Prices include value-added tax (VAT) applicable on the date of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the products sold by “Frenchys Distribution” on its website.
The sale prices of the products may be modified by “Frenchys Distribution” at any time. Any such modification will be communicated to the Buyer before any order is placed.

4.2. Product Features – Availability

In accordance with Article L111-1 of the French Consumer Code, the Buyer may, prior to placing an order, review on the “Frenchys Distribution” website the essential characteristics of the product(s) he/she wishes to order.
The Buyer selects one or more products from the different categories offered on the “Frenchys Distribution” website: frames, braking systems, wheels, derailleurs, etc.
The offers presented by “Frenchys Distribution” are valid while stocks last. “Frenchys Distribution” reserves the right to modify the product assortment, particularly in light of constraints imposed by its suppliers.
The photographs, graphics and descriptions of the products offered for sale are for guidance only and do not bind the seller. If a supplier modifies a product, the graphical representation of that product shall not engage the seller’s liability nor affect the validity of the sale.

4.3. Orders

Any order implies full and unreserved acceptance of these general terms and conditions of sale.
From the moment the Buyer confirms the order by clicking on the “Confirm your order” button, he/she is deemed to have accepted, in full knowledge of the facts and without reservation, these general terms and conditions of sale, as well as the prices, quantities and volumes of the products offered for sale and ordered.
The Buyer may place an order online via the “Frenchys Distribution” website.
The Buyer’s order must be confirmed by “Frenchys Distribution” by email. The sale will only be considered final once the order confirmation has been sent to the Buyer by “Frenchys Distribution” and the full price has been collected by Frenchys Distribution.
“Frenchys Distribution” recommends that the Buyer keep this information on paper or in electronic form.

5. Payment of the Price

Payment of the total price must be made at the time the order is placed by the Buyer. At no time may the amounts paid be considered as deposits or down payments. The full amount of the order will be charged by “Frenchys Distribution” when the order is confirmed.

All orders are payable in Euros. To pay for the order, the Buyer may use the payment methods listed on the order form: bank card (Carte Bleue, Mastercard, Visa) and bank transfer.

The Buyer guarantees “Frenchys Distribution” that he/she has the necessary authorizations to use the chosen payment method when confirming the order form. “Frenchys Distribution” reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or level of execution, in the event of non-payment of any sum due by the Buyer, or in the event of a payment incident.

Late payment penalties, at a rate equal to the legal interest rate plus five percentage points, will automatically apply to any unpaid amount ten days after the invoice date or upon notification of a bank payment refusal for any other means of payment.

Delivery of any new order may be suspended in the event of late payment of a previous order, without prejudice to the provisions hereof.

“Frenchys Distribution” reserves the right to request a photocopy of the Buyer’s identity card for any payment by bank card. As part of the fight against online fraud, information related to the Buyer’s order may be transmitted to any third party for verification.

6. Choice of Products

The Buyer, having reviewed the products and their characteristics as marketed by “Frenchys Distribution”, shall, under his/her sole responsibility and in accordance with his/her needs as previously determined before placing an order, choose the product(s) forming the subject of the order.
Furthermore, since the Buyer alone knows the equipment, configurations and other components he/she uses, he/she is solely responsible for judging the compatibility of the products ordered with those he/she uses.
It is the Buyer’s sole responsibility, if he/she does not consider him/herself sufficiently competent, to seek appropriate advice.

7. Delivery and Receipt

7.1 General Rules

Products will be delivered to the address indicated by the Buyer on the order form.
At the Buyer’s express request, the invoice may be sent to the billing address rather than the delivery address, by confirming the corresponding option on the order form.
In the event that some items are only partially available, “Frenchys Distribution” may split the order. In this case, available items may be shipped first, with the remainder of the order sent once all other items are available.

7.2 Delivery Rates

Standard shipping costs for France:

Colissimo Pickup Point (24h/48h)
  • Up to €79: €4.99 incl. VAT
  • Above €79: Free
Colissimo Home Delivery (24h/48h)
  • Up to €79: €6.99 incl. VAT
  • Above €79: Free

TNT (Express Delivery (24h) the day after shipment): €9.99 incl. VAT

TNT Express to a partner pickup point (24h): €9.99 incl. VAT

TNT delivery is free for orders with a value above €250.

Large volume shipping costs for France:

Schenker France (Delivery 48/72h)

  • Up to €250: €9.99 incl. VAT
  • Above €250: Free shipping

Shipping costs for international and overseas destinations:

COUNTRY

CARRIER

COST (incl. VAT)

FREE SHIPPING FROM

APPROXIMATE DELIVERY TIME

GERMANY

GLS EURO BUSINESS PARCEL

or

COLISSIMO PICKUP POINT

€12.99 incl. VAT

€199 incl. VAT

48–72h

BELGIUM

LUXEMBOURG

NETHERLANDS

ITALY

GLS EURO BUSINESS PARCEL

or

COLISSIMO PICKUP POINT

€13.99 incl. VAT

€199 incl. VAT

48–72h

DENMARK

AUSTRIA

HUNGARY

GLS EURO BUSINESS PARCEL

or

COLISSIMO PICKUP POINT

€16.99 incl. VAT

€199 incl. VAT

48–72h

SLOVENIA

SWEDEN

SLOVAKIA

PORTUGAL

IRELAND

CZECH REPUBLIC

SPAIN

BULGARIA

GLS EURO BUSINESS PARCEL

or

COLISSIMO PICKUP POINT

€25.99 incl. VAT

€199 incl. VAT

6 days

FINLAND

LATVIA

POLAND

ESTONIA

LITHUANIA

GREECE

ROMANIA

CORSICA

COLISSIMO

€11.99 incl. VAT

€199 incl. VAT

48–72h

SWITZERLAND

COLISSIMO / GLS

€19.99 incl. VAT

€399 incl. VAT

48–72h

DOM-TOM (French Overseas Departments and Territories)

DOM-TOM

CARRIER

ORDER
BELOW €199 incl. VAT

ORDER
BETWEEN €199 incl. VAT AND €299 incl. VAT

ORDER
ABOVE €299 incl. VAT

APPROXIMATE DELIVERY TIME

SHIPPING COSTS

COLISSIMO LA POSTE

€25 incl. VAT

€60 incl. VAT

€150 incl. VAT

5 to 7 days

Large volume shipping costs for Europe:

Schenker Europe: €29 incl. VAT / bikes

The DB SCHENKER service is used exclusively for large volumes such as complete bikes over 24".

Shipping costs outside the European Union:

Worldwide shipping rates

8. Product Availability

In the event of unavailability of the ordered product, “Frenchys Distribution” will inform the Buyer as soon as possible. In accordance with Article L121.20.3 of the French Consumer Code, “Frenchys Distribution” may in such a case supply a product of equivalent quality and price.
In any event, the products ordered will be delivered within a maximum period of thirty days from the day following the date on which the Buyer placed the order, subject to full payment of the price.

If “Frenchys Distribution” does not exercise this option, the Buyer will be refunded without delay and at the latest within thirty days of the payment of the sums paid.

9. Right of Withdrawal

In accordance with French Law No. 2014-344 of 17 March 2014 on consumer protection (“Hamon Law”), the Buyer has a period of fourteen clear days from the date of receipt to return, at his/her own expense, the ordered products for a refund.

The products must be returned to “Frenchys Distribution” in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the invoice corresponding to the purchase.

Likewise, if the product includes a warranty form or any other document to be completed, it must not be filled in so that the Buyer can exercise his/her right of withdrawal.

Any product that is incomplete, damaged, deteriorated or whose original packaging has been damaged will neither be refunded nor exchanged.

Exercising the right of withdrawal will result, at the Buyer’s choice:
- either in a refund made using the same means of payment as used for the purchase,
- or in the issue of a credit note, under the conditions set out in point 10 below.

10. Retention of Title

“Frenchys Distribution” retains full ownership of the products sold until the full price, including principal, fees and taxes, has been received.
During the period between delivery and transfer of ownership, the risks of loss, theft or destruction are borne by the Buyer.

Failure by the Buyer to fulfill payment obligations gives the seller the right to demand the immediate return of the goods delivered, at the Buyer’s expense and risk.

11. Warranty

The general warranty conditions and warranty period are available on the “Frenchys Distribution” website, under the “After-Sales Service” (SAV) section.

The Buyer will be deemed to have consulted and accepted them.

If the instruction manual is not delivered with the product, and upon simple request from the consumer, “Frenchys Distribution” will send the manual in French or provide a link to access it.

Any return of a product under the above warranty must be subject to the prior agreement of “Frenchys Distribution”.

To this end, the Buyer must contact the “Frenchys Distribution” after-sales service. No return will be accepted without the prior authorization of “Frenchys Distribution”.

If the product is recognized as defective, “Frenchys Distribution” will send the Buyer a product return number.

This return number, an essential and mandatory condition, is valid for seven working days from the date on which “Frenchys Distribution” communicates the return number to the Buyer.

After this period, the Buyer will have to renew the request according to the procedure described above. The defective product must be returned in its original packaging, including all of the product and its accessories, and clearly indicating the product return number provided by “Frenchys Distribution” and the product’s serial number.

Any incomplete, damaged or deteriorated product and/or product whose original packaging has been damaged will neither be taken back nor exchanged under the warranty.

All costs and risks related to returning the product are borne by the Buyer.

The product under warranty will be either exchanged or repaired, at the manufacturer’s discretion. “Frenchys Distribution” only guarantees the Buyer, in respect of hidden defects that may affect the delivered products, within the framework of replacing defective products or parts making them unfit for use, without the Buyer being entitled to claim any compensation for any consequences that such hidden defects may have caused.
In any event, the warranty does not cover:

- replacement of consumables
- abnormal or non-compliant use of the products
- damage expressly mentioned in the product sheets
- defects and their consequences due to intervention by the Buyer or a repairer not approved by “Frenchys Distribution”
- defects and their consequences related to use not in accordance with the purpose for which the product is intended (professional use, collective use, etc.)

12. Liability

The products offered by “Frenchys Distribution” comply with current French legislation. “Frenchys Distribution” cannot be held liable for failure to perform the contract in the event of stock shortage or product unavailability, force majeure, disruption or total or partial strike of postal services and/or transport and communication means.
“Frenchys Distribution” cannot be held liable for any indirect damage that may arise from the purchase of products.
The total or partial impossibility of using the products, in particular due to incompatibility of equipment, cannot give rise to any compensation or refund, and does not engage the liability of “Frenchys Distribution”.
The “Frenchys Distribution” website also contains information from third parties and links to other websites. “Frenchys Distribution” cannot under any circumstances be held liable for damage resulting from the use of, access to, or inability to use such third-party information or the content of other websites.

13. Partial Invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the remaining provisions shall remain in full force and effect.

14. No Waiver

The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted in the future as a waiver of the obligation in question.

15. Applicable Law

Sales of products by “Frenchys Distribution” are subject to French law.

16. Data Protection and Privacy

The information collected by “Frenchys Distribution” when any order is placed by the Buyer is necessary for managing the order by “www.frenchys-distribution.com” and its business partners.
In accordance with French Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (the “Informatique et Libertés” law), the Buyer has the right to access, rectify, object to and delete personal data concerning him/her, by contacting “Frenchys Distribution”.

17. Customer Service and Order Tracking

For any information, the Buyer may contact customer service by email.

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