TERMS AND CONDITIONS
ARTICLE 1 - Scope
These General Conditions of Sale apply to all sales concluded by SARL MOHAWK'S CYCLES to non-professional or professional Buyers of the same category, regardless of the clauses that may appear on the Buyer's documents, and in particular its general conditions. purchase, over which these General Conditions of Sale prevail in accordance with the provisions of article L 441-6 of the Commercial Code. In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any buyer who requests them, to allow him to place an order with SARL MOHAWK’S CYCLES.
ARTICLE 2 - Orders
Orders will only be considered accepted when they have been confirmed or accepted in writing by SARL MOHAWK’S CYCLES.
MOHAWK’S CYCLES cannot guarantee the processing of orders placed in the afternoon (12 noon), for same day shipment. A minimum of 50 € is required for all order processing. Any frame order will be taken into account after confirmation by e-mail. For frames in size S and XL, a deposit of 20% will be requested before taking into account the order. Orders or deliveries may be refused in the event of non-payment by the due date of previous deliveries, or any other obligation to SARL MOHAWK’S CYCLES not fulfilled, whatever the cause. Each order is considered firm on the part of the Buyer and therefore cannot be changed. Each order therefore obliges the Buyer to pay the price in full, without the latter being able to demand any reduction.
ARTICLE 3 - Prices - Price reductions
The products are supplied at the prices in effect on the date the order is placed. A price list is annexed to these general conditions of sale, however due to constant variations in exchange rates, prices of carriers and suppliers, the prices are given as an indication and without commitment on the part of SARL MOHAWK'S CYCLES . They can be changed upwards or downwards without prior notice. Only the prices in force on the date the order is placed are binding between the parties. The Buyer's specific orders, to which this scale cannot be applied, will be the subject of a quote previously accepted by the Buyer. The prices are net, ex works and excluding VAT. An invoice is established by SARL MOHAWK’S CYCLES and given to the Buyer upon each delivery of products.
3.2. Price reductions
The Buyer may benefit from price reductions, discounts, discounts and rebates, depending on the quantities ordered, at one time and one place, or the regularity of his orders, under the conditions and according to the methods described in the scale below. -joint. (See our commercial conditions).
ARTICLE 4 - Payment conditions
4.1. Payment Terms
Payment will be made by bill of exchange, transfer or credit card. The client agrees to return to the company the general information form made available to him and duly completed and signed by the client. 4.2. Payment deadlines
The price is payable in full and in a single payment within 30 days net from the date of invoice, under the conditions indicated in the paragraph “Payment conditions” above. The Seller will not be required to deliver the products ordered by the Buyer if the latter does not pay him the price under the conditions and according to the terms indicated in these General Terms and Conditions of Sale.
No discount will be granted
4.4. Late penalties
In the event of late payment and payment of sums due by the Purchaser beyond the time limit set above (see article 4.1.), And after the date of payment appearing on the invoice addressed to the latter, late penalties at the rate of one and a half (1.5) times the legal interest rate, will automatically and automatically be acquired by the Seller, without any formalities or prior notice and will result in the immediate payment of all of the sums owed by the Buyer to SARL MOHAWK'S CYCLES, without prejudice to any other action that SARL MOHAWK'S CYCLES would be entitled to bring, in this capacity, against the Buyer. In addition, the amount due will be increased by a lump sum compensation equal to 20% of the amount of the initial invoice. In the event of non-compliance with the terms of payment appearing above, SARL MOHAWK'S CYCLES further reserves the right to suspend or cancel the delivery of pending orders from the Buyer and / or to suspend the '' fulfillment of its obligations and / or reduce or cancel any discounts granted to the latter, and / or the immediate payment of all sums remaining due, regardless of the method of payment provided.
Unless the express, prior and written agreement of SARL MOHAWK'S CYCLES, and provided that the reciprocal debts and debts are certain, liquid and payable, no compensation can be validly made between possible penalties for late delivery or non-compliance of products to order and the sums due for the purchase of products from SARL MOHAWK'S CYCLES
4.6. Title retention clause
MOHAWK'S CYCLES SARL RESERVES, UNTIL FULL PAYMENT, A RIGHT OF OWNERSHIP ON ALL PRODUCTS SOLD, ENABLING IT TO TAKE POSSESSION OF SUCH PRODUCTS IN THE EVENT OF DEFAULT OF PAYMENT. ANY DEPOSIT PAID BY THE PURCHASER WILL REMAIN WITHIN MOHAWK’S CYCLES LLC AS LUMP SUM COMPENSATION, WITHOUT PREJUDICE FOR ANY OTHER ACTIONS THAT IT WOULD BE ENTITLED TO TAKE AGAINST THE PURCHASER.
The Purchaser must, at any request from SARL MOHAWK’S CYCLES, justify the subscription of insurance covering the risks of storage of the products until full payment of the price. The Buyer agrees to justify the premium payments and provide the names of the beneficiaries of said policy. The Buyer will bear all costs and fees for inventory, restitution, or litigation arising from the exercise of the product claim or the request for termination of the contract. The Buyer will ensure that the identification of the products is always possible. The products will always be presumed to be those of unpaid bills.
ARTICLE 5 - Deliveries
The delivery times announced to the Buyer when ordering are purely indicative. In the event of any delay in delivery, the Buyer may not cancel the sale, refuse the products or claim damages. Delivery will be made to the place indicated by the buyer when ordering. Orders and balances below the minimum of € 50 cannot be delivered. Any order, accepted and confirmed, of less than € 300 excluding tax will be delivered postage due on a flat-rate basis of € 12 excluding tax. (Only in metropolitan France). A rate of 12 € HT per shipment will be applied for each delivery to the coastal islands + Corsica. Countries that are nationals of the European Union will be invoiced on an actual basis, under the conditions and according to the methods described in the attached scale. (See the price list for transport). A flat rate of 35.10 € per shipment will be invoiced in addition, for the following countries: Liesteinstein, Switzerland, Andorra, Croatia, Norway. Whatever the legal or conventional limitations of the responsibilities likely to be inserted by the carriers of the goods, our company formulates a declaration of value or interest and takes out insurance only in the event of an express and prior request from the customer, the costs of the insurance policy then falling entirely to the purchaser, who is responsible for obtaining information on said limitations. For any dispute concerning transport and without prejudice to the stipulations of Article 6 below, the Buyer is requested to make specific written reservations upon receipt of the delivery slip from the carrier. by the customer acknowledges the accuracy of the weight, the quantity of the goods delivered, the quality of the package, packaging, conditioning and the apparent quality of the goods. Any reservation in this regard, will be formulated directly and precisely on the transport voucher given to the carrier, and confirmed by registered letter with acknowledgment of receipt sent to the carrier no later than forty-eight (48) hours from the date of arrival. of the goods to the place of destination by sending a copy to SARL MOHAWK'S CYCLES within the same time limits. Only reservations formulated within this period can be taken into account. The goods, whether or not it is a Franco shipment, travel at the risk and peril of the recipient. It is therefore the recipient and not the sender that it is appropriate to make reservations against carriers in order to assert their rights. No return will be accepted without the prior consent of SARL MOHAWK’S CYCLES. If accepted, the return must be made in accordance with the procedures defined by SARL MOHAWK’S CYCLES.
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the products of SARL MOHAWK’S CYCLES, to the benefit of the Purchaser, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said products. On the other hand, the transfer of the risks of loss and deterioration of the products of SARL MOHAWK'S CYCLES will be carried out from the departure of the products, these traveling at the risk and peril of the Purchaser, who may, in the event of damage, formulate all complaints to the carrier under the legal and regulatory conditions in force. The Buyer undertakes, therefore, to have the said products insured with delegation of payment for the benefit of the Seller against the risks of loss and deterioration by fortuitous event or otherwise, by a first-rate and well-known insurance company. , until the complete transfer of ownership and risks and to justify it to the Seller, at the latter's first request.
ARTICLE 7 - Seller's liability - Guarantee - After-sales service
7.1. Responsibility of the seller.
Notwithstanding any non-imperative legal provision to the contrary, SARL MOHAWK’S CYCLES can under no circumstances be held liable to the Buyer for damage caused by the products for any reason whatsoever. The liability of SARL MOHAWK'S CYCLES can in no case be engaged in the event of non-performance of the contract due to an out of stock or unavailability of products, in the event of a total or partial strike of the shipping services, in the event of force major, such as flood, fire etc. The products offered comply with current French legislation. The responsibility of SARL MOHAWK’S CYCLES can not be engaged in the event of non-compliance with the legislation of the country where the products are delivered. It is the Buyer's responsibility to check with local authorities the possibilities of importing or using any products or services that the Buyer considers ordering. The products in the catalog distributed by SARL MOHAWK’S CYCLES are presented according to the information provided by the suppliers. The descriptions and photographs illustrating the products are given for information only and do not enter into the contractual field. If errors occur, the responsibility of SARL MOHAWK’S CYCLES can in no way be engaged.
7.2. Seller's guarantee.
Notwithstanding any non-imperative legal provision to the contrary, the products delivered by SARL MOHAWK'S CYCLES are guaranteed only within the material and time limit of the guarantee provided by the manufacturer, any interventions carried out by SARL MOHAWK'S CYCLES under this guarantee cannot be in no case have the effect of extending the duration of this. ANY GUARANTEE IS EXCLUDED IN THE EVENT OF AN APPARENT DEFECT, MISUSE, USE AGAINST ITS PURPOSE, NEGLIGENCE OR LACK OF MAINTENANCE ON THE PART OF THE PURCHASER, SUCH AS IN THE EVENT OF NORMAL WEAR OF THE GOOD OR FORCE MAJE, OR AGAIN IN THE EVENT OF A MODIFICATION OF THE PRODUCT NOT PROVIDED FOR OR SPECIFIED BY THE SELLER.
In order to assert his rights, the Purchaser must, under penalty of forfeiture of any action relating thereto, inform SARL MOHAWK'S CYCLES, in writing, of the existence of the defects with the appropriate justifications, within a maximum period of 10 working days from their occurrence. SARL MOHAWK’S CYCLES will replace or have repaired the products or parts under warranty deemed defective. This warranty also covers labor costs.
7.3. General conditions of use of after-sales service.
In order to guarantee a better processing of the return and follow-up, a request for a return number must be made by fax 01 41 21 82 82, e-mail firstname.lastname@example.org using our standard form or directly in your B2B space. SARL MOHAWK’S CYCLES will contact the Buyer by email or fax to provide him with a return number that he will clearly affix to the package. This return number must be kept by the Purchaser for any follow-up of the warranty. Returned products must be packaged cleanly, free from dirt or sludge. The products must be returned to the delivery address of SARL MOHAWK’S CYCLES below:
SARL MOHAWK’S CYCLES - 62 Bd Henri Navier - 95150 Taverny - France.
To avoid any problem concerning transport, SARL MOHAWK’S CYCLES advises the Buyer to ship the products with a first-rate carrier using a tracking number with signature, allowing the traceability of the package. Any parcel of parts under warranty or not that will not have a return number will be returned to the sender, postage due by the recipient.
7.4. Special conditions applicable to products under warranty.
A copy of the original invoice as well as a brief description of the product should be attached to the return number request by fax and then sent with the package. Any false invoice or non-conforming copy will void the warranty. The shipping costs of parts under warranty are the responsibility of the customer. The costs of returning the parts are the responsibility of SARL MOHAWK’S CYCLES. Any product received in the after-sales service which will not be recognized as being under warranty due to improper use of the product, improper assembly of components, a mechanical error or the intervention of an event that excludes the warranty (see 7.1. ) will be treated in accordance with the special conditions applicable to non-guaranteed products. Special condition for bicycles and frames: the warranty does not cover labor costs in the event of the replacement of part of a frame. Only the defective part should be sent, without bearing, derailleur hanger, clamp, etc.
7.5. Special conditions applicable to non-guaranteed products.
Before sending the non-guaranteed parts, the Purchaser should check with SARL MOHAWK’S CYCLES in order to know the cost of making an estimate for the repair of said parts. After receipt of the unsecured parts, an estimate will be drawn up by SARL MOHAWK’S CYCLES and faxed to the Buyer for acceptance. No repair will be processed without the prior consent of the Buyer. If the Purchaser agrees to the quote, the amount of the quote will not be due by the Purchaser. In case of refusal of the estimate by the Buyer, an invoice will be established by SARL MOHAWK’S CYCLES, the amount of which will have been communicated to the Buyer before the estimate is made. (see paragraph 1 above) The shipping and return costs of non-guaranteed parts will be the sole responsibility of the Buyer.
7.6. Special conditions applicable to goods damaged during transport.
You will have to justify that the reservations have been made and confirmed by registered mail within 48 hours to the carrier who issued the transport receipt. This respect of the instructions is imperative to turn against the carrier and thus have the possibility of benefiting from an exchange.
7.7. Special conditions applicable to goods returned for exchange.
These exchanges are only accepted under conditions to be defined with the sales representatives:
- That they are the subject of an order twice the amount of the return. Otherwise, a reduction of 30% will be automatically applied + 15 € HT of administrative fees will be invoiced to you.
- That the outward and return shipping is always your responsibility regardless of the sales conditions provided.
- That the goods are always part of the catalog and belong to the 20/80 regularly sold.
- That the packages return in the same condition (merchandise and packaging) as they arrived at your home. Otherwise a take-back proposal will be made to you depending on the condition of the goods.
Packaging: see general return conditions. If this offer is declined, the merchandise will be returned to you at your expense.
ARTICLE 8 - Disputes
ALL DISPUTES TO WHICH THIS AGREEMENT MAY GIVE RISE, REGARDING ITS VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, THEIR CONSEQUENCES AND THEIR SUITES, WILL BE SUBMITTED TO THE NANTERRE COMMERCIAL COURT.
ARTICLE 9 - Applicable law
By express agreement between the parties, this contract is governed and subject to French law.
ARTICLE 10 - Acceptance by the Buyer
These General Conditions of Sale are expressly approved and accepted by the Purchaser, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general conditions of purchase, which will be unenforceable against SARL MOHAWK'S CYCLES, even if he is aware of it.