GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMERS AND NON-PROFESSIONALS

PREAMBLE

The Seller is defined below as the company MB SPORTMOTOR, a SASU with a capital of 700.00 euros, registered with the Clermont-Ferrand Trade and Companies Register under SIRET number 801950098000013, with its registered office at Chabreyras 63 580 ST ETIENNE SUR USSON. The Seller markets textile products and also offers customization services for certain products at the buyer’s request, sold through its website  tenere-spirit-experience.com. The list and description of goods and services offered by the company can be consulted on the aforementioned website. The Client is defined as the natural or legal person purchasing products or services from MB SPORTMOTOR and accepting these terms and conditions of sale for goods and services.

Article 1 – PURPOSE

These general terms and conditions of sale apply exclusively to all orders and sales concluded by MB SPORTMOTOR, both on its own behalf and on behalf of its principals, and carried out through its website. The Seller reserves the right to modify these general conditions at any time by publishing a new version on its website at the following address:  tenere-spirit-experience.com. The modifications are then applicable to all subsequent orders. The Seller ensures that their acceptance is clear and unreserved by implementing a checkbox and a validation click. The Client declares having read all of these General Terms and Conditions of Sale and those related to the purchase of a product or the provision of customization services, and accepts them without restriction or reservation. The Client confirms that they have received the necessary advice and information from the Seller to ensure the suitability of the offer to their needs. The Client acknowledges that they are legally capable of entering into a contract and, where applicable, validly representing the natural or legal person for whom they are committing. French is the only language offered for the conclusion of the contract.

Article 2 – ORDERS AND BOOKINGS

Offers are valid within the limits of available stock and must necessarily be validated by the Seller. The sales order and any customization must be accepted by the Seller to be complete.
If a product is customized, the client guarantees and assures that they are the rightful owner of the rights to use the logos and will be held responsible in case of misrepresentation or counterfeiting and for any actions by the trademark owner.

2.1 Description of Services and Products

The essential characteristics of the services are indicated in the descriptions on the website tenere-spirit-experience.com. These descriptions generally contain a detailed description of how the services and products offered by the seller are carried out, the prices, additional costs, and usual deadlines. The photographs illustrating the products, supporting the text, are not contractually binding; if errors have been introduced, the seller’s liability cannot be engaged in any case. MB SPORTMOTOR is entitled at any time to update, improve its service descriptions or withdraw its services and/or products from sale. The Client acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs. The Client has the possibility to contact the Seller via the contact page of the website, in order to obtain additional information on the products presented and the service performed.

2.2 Availability of Services and Products

Orders will be processed within the limits of the Seller’s available stock or subject to stock availability from its suppliers. An order placed on the website must necessarily be validated by the seller within 24 hours of receiving the order. For orders of customized products and services, a tailor-made quote will be provided, indicating to the buyer their execution time and price, it being understood that given their nature, the Client will not benefit from any right of withdrawal for these products and services. For non-customized products whose order has been validated by the Seller, the Client has a 14-day right of withdrawal from its validation; however, this right of withdrawal will not apply to customized orders.

2.3 Steps to Conclude the Contract

When placing the first order online, any new client must create a “Client Account”; a username (“login”) and an alphanumeric password will be requested. Upon each order validation, the Client will be directed to their account, recalling the content of their order. Their order will only be definitively registered after providing the various information and final validation by the Seller. When the Client registers the order by selecting a payment method, the sale is deemed concluded (agreement on services and price). Your order confirmation is sent via an automatically generated email from our website to the email address provided during client account creation. Contractual information is presented in French and will be confirmed, reiterating this information, at the latest upon delivery of the ordered service. The seller reserves the right to cancel or refuse any order from a client with whom there is a dispute regarding the payment of a previous order.

2.4 Right of Withdrawal

In accordance with Article L.121-20 of the Consumer Code, for goods and services purchased via the website tenere-spirit-experience.com, the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable,  of return costs. The period mentioned in the preceding paragraph runs from the receipt of goods or the acceptance of the offer for the provision of services. Product returns must be made in their original and complete condition (packaging, accessories, instructions) so that they can be resold as new. Any cancellation request must be sent by registered letter to the registered office of MB SPORTMOTOR. However, customized orders for products and services cannot be subject to any withdrawal by the Client.

Article 3 – PRICES

Prices displayed on the site are indicated in euros and include all taxes, and are precisely determined on the product description pages and on the specific order page. Customization services will be subject to a personalized quote from the Seller, which will be communicated to the Client and subject to their prior validation. These prices are indicated excluding   specific shipping costs which are not the responsibility of the Seller and are subject to variation in case of delivery cost fluctuations. However, the prices appearing on the Client’s order after its validation and registration are firm and final. The products remain the property of the Seller until full payment of the price.

Article 4 – DELIVERY

The Seller undertakes to deliver products and services in accordance with the order. The delivery of a service or product can be made in  Metropolitan France and at the Client’s expense. The Seller reminds that at the moment the Client takes physical possession of the products, the risks of loss or damage to the products are transferred to them. The transfer of ownership will only take place upon full payment of the order. It is the Client’s responsibility to notify the carrier, or the Seller, of any reservation regarding the product delivered or collected at the store.

Article 5 – COMPLAINTS AND AFTER-SALES SERVICE

For any complaint, we invite you to contact our services by logging into our site and going to the CONTACT page. Any refund request can only be considered in the cases provided for in Article 6. In case of service cancellation, only the registration fee paid with the order can be refunded. The buyer will not be able to get their additional costs refunded by the seller in case of cancellation. In case of unavailability of an item for a period exceeding  X working days, the Client will be immediately informed of the foreseeable delivery times, and the order for this item may be canceled upon simple request. The Client may then request a credit note for the amount of the item or its refund.

Article 6 – TERMINATION CLAUSE

The seller reserves the right to terminate the sale, providing for a non-transfer of ownership:

– in case of non-payment of the fixed deposit or the sale price;

– in case of unavailable stock for a period exceeding X days;

– in case of failure to collect the order within ONE (1) month from its delivery date;

– in case of force majeure as defined by the jurisprudence of the Court of Cassation

In these non-exhaustive cases, the sale may be terminated by right, without prejudice to any damages that the seller may claim against the buyer.

Article 7 – PAYMENT

Any payment made to the seller cannot be considered as a deposit. Payments must be made in such a way that the Seller can access the funds on the due date indicated on the invoice. Payment is made, unless otherwise specified on the website or granted to business Clients after review of their file, upon order by:

– PayPal or credit card

– check (issued by a bank domiciled in Metropolitan France). The check must be sent payable to MB SPORTMOTOR at the following address: Chabreyras – 63580 ST ETIENNE SUR USSON. It must be accompanied by a signed quote and/or the seller’s acceptance email. If you do not have a printer, write the date of your order, the order number, and the client number on the back of the check. The check must be in the name of the person who placed the order; otherwise, it must state the order number on the back of the check, along with a copy of the check issuer’s identity card. It will be cashed upon receipt. Your order will be processed from its date of receipt. It must be accompanied by a copy of the order acknowledgment email. The check must be in the name of the person who placed the order; otherwise, it must state the order number and client number on the back of the check, along with a copy of the check issuer’s identity card. Any payment or deposit will be cashed upon receipt. MB SPORTMOTOR reserves the right to request a bank check if the amounts involved are substantial. In case of late payment of all or part of the price, penalties calculated at a rate of 3 (three) times the legal interest rate will automatically apply from the due date. Furthermore, the client owes a flat-rate recovery indemnity of a minimum amount of 40 euros. Finally, the seller reserves the right, in case of non-compliance with payment deadlines, to suspend or cancel the order and/or the quote.

Article 8 – PERSONAL DATA PROTECTION

By adhering to these general terms and conditions of sale, the Client consents to the Seller collecting and using their personal data for the performance of this contract. The Client has, in all circumstances, a right to retrieve all of their data. This retrieval is exercised in accordance with the conditions set out in Article 20 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data for data of a personal nature. Without prejudice to the provisions protecting commercial and industrial secrecy and intellectual property rights, any provider of an online public communication service offers the consumer a free functionality allowing the retrieval: 1° of all files uploaded by the consumer; 2° of all data resulting from the use of the consumer’s user account and viewable online by them, with the exception of those that have been significantly enriched by the provider concerned. This data is retrieved in an open standard, easily reusable and exploitable by an automated processing system; 3° of other data associated with the consumer’s user account.

Article 9 – FINAL PROVISIONS

This contract is governed by French law. MB SPORTMOTOR will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. MB SPORTMOTOR’s computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties, unless proven otherwise. The electronic signature constituted by the “double-click” procedure during the placement of the order and its registration has handwritten value between the parties. If any of the clauses or provisions of these General Terms and Conditions of Sale were to be annulled or declared illegal by a final court decision, this nullity or illegality will not affect the other clauses and provisions, which will continue to apply. The fact that the Seller does not avail itself at any given time of one of the clauses herein cannot be construed as a waiver of the right to avail itself of the same clauses later. All disputes relating to the formation, execution, and termination of contractual obligations between the Parties will initially be subject to an amicable settlement. Any consumer has the right to free recourse to a consumer mediator for the amicable resolution of a dispute with a professional or to contact the Registry of the District Court to request a prior conciliation attempt. The judge of the District Court will personally ensure conciliation or appoint a conciliator. In the absence of an amicable settlement, any dispute will be submitted to the French courts, in application of Article R.631 of the Consumer Code. Regarding the buyer acting as a professional, any dispute that could not be resolved by an amicable transaction will fall under the exclusive jurisdiction of the Commercial Court of the seller’s registered office.