General Terms and Conditions of Sale and Delivery
1. Purpose:
These general terms and conditions of sale are intended, on the one hand, to inform any potential consumer about the conditions and methods under which the seller proceeds with the sale and delivery of ordered products, and on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by the seller to the consumer. These conditions apply, without restriction or reservation, to all sales made by Frenchys Distribution of the products offered on its website "Frenchys Distribution". Consequently, by ordering a product offered for sale on the website of Frenchys Distribution, the Buyer fully accepts these general terms and conditions of sale, which the Buyer acknowledges having read prior to placing the order. The products are offered for sale within the following geographical territory: mainland France, Corsica, Overseas Departments and Territories (DOM-TOM), as well as in the member states of the European Union. The Buyer, prior to placing the order, declares that the purchase of products on "Frenchys Distribution" is not directly related to their professional activity and is limited to strictly personal use; they have the 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
Head office: ZI de Colombier Grange Église, 69590 Saint Symphorien sur Coise, France 484 896 337 RCS LYON
3. Access to the Site
The Buyer is responsible for setting up the necessary computer and telecommunication means to access the "Frenchys Distribution" site. The Buyer bears the telecommunication costs incurred when accessing the Internet and using the site.
4. Formation of the Contract and Orders
4.1. Prices
The selling prices of the products available online on the "Frenchys Distribution" website, indicated in Euros, are those in effect at the time the order is placed by the Buyer. The price and availability of products on the site are guaranteed for online payments. They do not include shipping costs (unless otherwise stated), which are charged in addition to the price of the purchased products, depending on the amount of the order. Shipping costs will be indicated before the order is recorded by the Buyer. Prices include the applicable Value Added Tax (VAT) on the day of the order, and any change in the applicable VAT rate will automatically affect the price of the products sold by "Frenchys Distribution" on its website. The selling prices of the products may be modified by "Frenchys Distribution" at any time. This change will be communicated to the Buyer before any order is placed
4.2. Product Characteristics - Availability
In accordance with Article L 111-1 of the Consumer Code, the Buyer may, prior to placing the order, become aware of the essential characteristics of the products they wish to order on the "Frenchys Distribution" website. The Buyer selects one or more products from the various categories offered on the "Frenchys Distribution" website: frame, 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 based on constraints related to its suppliers. The photographs, graphics, and descriptions of the products offered for sale are indicative only and do not engage the seller's responsibility. In the event that a supplier modifies a product, the graphic representation of it does not engage the seller's responsibility nor does it affect the validity of the sale.
4.3. Order
Any order implies full and unreserved acceptance of these general terms and conditions of sale. Once the Buyer has recorded their order by clicking on the "Confirm your order" icon, they are considered to have knowingly and unreservedly accepted these general terms and conditions of sale, the prices, volumes, and quantities of the products offered for sale and ordered. The Buyer may order online at "Frenchys Distribution." The Buyer's order must be confirmed by "Frenchys Distribution" by email. The sale will be considered final only after the confirmation of the order by "Frenchys Distribution" and the full payment of the order amount. "Frenchys Distribution" recommends that the Buyer keep this information on a paper or electronic document.
5. Payment of the Price
Full payment of the price must be made at the time of the order by the Buyer. At no time can the amounts paid be considered as deposits or advance payments. The full payment of the order amount will be processed by "Frenchys Distribution" upon validation of the order.
All orders are payable in Euros. To pay for their order, the Buyer can use the payment methods indicated on the order form: credit card (Carte Bleue, Mastercard, Visa) and bank transfer.
The Buyer guarantees "Frenchys Distribution" that they have the necessary authorizations to use the chosen payment method when recording the order form. "Frenchys Distribution" reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in case of non-payment of any amount due by the Buyer or in case of a payment incident.
Penalties amounting to the legal interest rate plus five points are automatically applicable to unpaid amounts after a period of ten days following the invoice date or upon notification of a bank payment rejection for any other payment method.
The delivery of any new order may be suspended in case of delayed payment of a previous order, notwithstanding these provisions.
"Frenchys Distribution" reserves the right to request a photocopy of the Buyer's identity card for any payment by credit card. As part of the fight against online fraud, information related to your order may be transmitted to any third party for verification.
6. Product Selection
The Buyer, having been informed about the products and their characteristics marketed by "Frenchys Distribution," makes their choice under their sole responsibility based on their needs as previously determined before any order. Additionally, the Buyer, being aware of the equipment, configurations, and other materials they use, is solely responsible for assessing the compatibility of the ordered products with those they use. It is exclusively the Buyer’s responsibility to seek advice if they consider themselves insufficiently competent.
Delivery and Receipt
7.1 General Rules
The products will be delivered to the address provided by the Buyer on the order form.
The Buyer may, upon explicit request, have the invoice sent to the billing address instead of the delivery address by selecting the option provided for this purpose on the order form. In case of partial availability of items, "Frenchys Distribution" may split orders. Thus, the available items may be shipped first, with the balance of the order sent when all other items are available.
7.2 Delivery Rates
Standard shipping costs for France:
Colissimo Point Relais (24h/48h)- Up to €79: €4.99 incl. VAT
- Above €79: Free
- Up to €79: €6.99 incl. VAT
- Above 79€: Free
TNT (Livraison Express (24h) dès le lendemain de l'expédition): €9.99 incl. VAT
TNT Express chez un commerçant partenaire (24h) :€9.99 incl. VAT
Free TNT delivery for orders over €250.
Shipping costs for large volumes in France:
Schenker France (Livraison 48/72h)
- Up to €250: €9.99 incl. VAT
- Above €250: Free shipping
Shipping costs for international and overseas orders:
|
PAYS |
TRANSPORTEUR |
COÛT TTC |
LIVRAISON OFFERTE A PARTIR DE |
DÉLAIS APPROXIMATIF |
|
ALLEMAGNE |
GLS EURO BUSINESS PARCEL ou COLISSIMO POINT RETRAIT |
12,99 € TTC |
199 € TTC |
48H / 72H |
|
BELGIQUE |
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|
LUXEMBOURG |
||||
|
PAYS-BAS |
||||
|
ITALIE |
GLS EURO BUSINESS PARCEL ou COLISSIMO POINT RETRAIT |
13,99 € TTC |
199 € TTC |
48H / 72H |
|
DANEMARK |
||||
|
AUTRICHE |
||||
|
HONGRIE |
GLS EURO BUSINESS PARCEL ou COLISSIMO POINT RETRAITPOLOGN |
16,99 € TTC |
199 € TTC |
48H / 72H |
|
SLOVENIE |
||||
|
SUÈDE |
||||
|
SLOVAQUIE |
||||
|
PORTUGAL |
||||
|
IRELAND |
||||
|
REP TCHEQUE |
||||
|
ESPAGNE |
||||
|
BULGARIE |
GLS EURO BUSINESS PARCEL ou COLISSIMO POINT RETRAIT |
25,99 € TTC |
199 € TTC |
6 JOURS |
|
FINLANDE |
||||
|
LETTONIE |
||||
|
POLOGNE |
||||
|
ESTONIE |
||||
|
LITHUANIE |
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|
GRÈCE |
||||
|
ROUMANIE |
||||
|
CORSE |
COLISSIMO |
11,99 € TTC |
199 € TTC |
48H / 72H |
|
SUISSE |
COLISSIMO / GLS |
19,99€ TTC |
399 € TTC |
48H / 72H |
DOM-TOM
|
DOM TOM |
TRANSPORTEUR |
COMMANDE |
COMMANDE |
COMMANDE |
DELAIS APPROXIMATIF |
|
FRAIS DE PORT |
COLISSIMO LA POSTE |
25 € TTC |
60 € TTC |
150 € TTC |
5 à 7 Jours |
Shipping Costs for Large Volumes in Europe:
Schenker Europe: €29 incl. VAT / Bicycles
The DB SCHENKER service is exclusively used for large volumes such as complete bicycles over 24 inches.
8. Product Availability
In the event that the ordered product is unavailable, "Frenchys Distribution" will inform the Buyer as soon as possible. In accordance with the provisions of Article L121.20.3 of the Consumer Code, "Frenchys Distribution" may in this case provide a product of equivalent quality and price. In any case, the ordered products will be delivered within a maximum of thirty days from the day following the Buyer’s order, subject to full payment.
If "Frenchys Distribution" does not use this option, the Buyer will be refunded without delay and at the latest within thirty days of the payment of the sums they have paid.
9. Right of Withdrawal
n accordance with Law No. 2014-344 of March 17, 2014, concerning consumer protection, known as the "Hamon Law," the Buyer has a period of fourteen clear days from the date of receipt to return the ordered products at their own expense for a refund.
The products must be returned to "Frenchys Distribution" in perfect resale condition, in their original state (packaging, accessories, instructions...), properly sealed, and accompanied by the invoice corresponding to the purchase.
Similarly, if the product includes a warranty card or any other document to be filled out, it must not be completed so that the Buyer can exercise their right of withdrawal.
Any incomplete, damaged, or altered product, or one whose original packaging has been deteriorated, will not be refunded or exchanged.
Exercising the right of withdrawal will result in the Buyer’s choice of either:
- A refund made using the same payment method used during the purchase
- Or a voucher, as outlined in point 10 below
10. Retention of Ownership
"Frenchys Distribution" retains full ownership of the products sold until full payment is received, including principal, costs, and taxes. During the period from delivery to the transfer of ownership, the risks of loss, theft, or destruction are the responsibility of the Buyer.
Failure by the Buyer to fulfill their 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 terms and conditions and the warranty period are available on the "Frenchys Distribution" website under the customer service section.
The Buyer is deemed to have read and accepted them.
If the instruction manual is not delivered with the product, "Frenchys Distribution" will send the manual in French or provide a link to access it upon the consumer's request.
Any product return under the aforementioned warranty must be previously agreed upon by "Frenchys Distribution."
For this purpose, the Buyer will contact the after-sales service of "Frenchys Distribution." No return will be accepted without prior authorization from "Frenchys Distribution."
If the product is recognized as defective, "Frenchys Distribution" will provide the Buyer with a return number.
This return number, a critical and indispensable condition, is valid for seven business days from the communication of the return number by "Frenchys Distribution" to the Buyer.
After this period, the Buyer will need to renew their request following the procedure described above. The defective product must be returned in its original packaging, include the entire product and its accessories, and be clearly marked with the return number provided by "Frenchys Distribution" and the product’s serial number.
Any incomplete, damaged, or altered product, or one whose original packaging has been deteriorated, will not be accepted for return or exchange under the warranty.
All return costs and risks are the responsibility of the Buyer.
The product under warranty will be, at the manufacturer's discretion, exchanged or repaired. "Frenchys Distribution" only guarantees the Buyer against hidden defects that may affect the delivered products within the scope of replacing defective products or parts rendering them unusable, without the Buyer being able to hold "Frenchys Distribution" liable for any potential consequential damages caused by these hidden defects. In any case, the warranties do not cover:
- The replacement of consumables
- Abnormal or non-compliant product use
- Damages mentioned specifically in the product descriptions
- Defects and their consequences due to the Buyer’s intervention or that of a non-authorized repairer by "Frenchys Distribution"
- Defects and their consequences related to non-compliant use for which the product is intended (professional, collective use...)
12. Liability
The products offered by "Frenchys Distribution" comply with current French legislation. "Frenchys Distribution" cannot be held responsible for non-performance of the contract in the event of stock shortage or product unavailability, force majeure, or disruptions including strikes affecting postal, transport, or communication services. "Frenchys Distribution" cannot be held responsible for any indirect damages arising from the purchase of products. The total or partial inability to use the products, due to incompatibility, for instance, cannot give rise to any compensation or refund from "Frenchys Distribution." The "Frenchys Distribution" website also contains information from third parties and links to other websites. "Frenchys Distribution" cannot be held responsible for any damages 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 sales conditions are deemed invalid or declared as such under a law, regulation, or following a final decision by a competent court, the other provisions will retain their full force and scope.
14. No Waiver
Failure by either party to claim a breach by the other party of any obligation under these general sales conditions shall not be construed in the future as a waiver of the obligation in question.
15. Governing Law
Sales of products by "Frenchys Distribution" are subject to French law.
16. Data Protection and Privacy
The information collected by "Frenchys Distribution" during any order from the Buyer is necessary for the management of their order by "www.frenchys-distribution.com" and its business partners. In accordance with the French Data Protection Act No. 78-17 of January 6, 1978, the Buyer has the right to access, rectify, oppose, and delete their data held by "Frenchys Distribution."
17. Customer Service and Order Tracking
For any information, the Buyer may contact customer service by email.