TERMS AND CONDITIONS OF USE
Article 1 - LEGAL NOTICE
This site, accessible at the URL https://boutique-moto-custom.com/, is published by:
This online store was created using Prestashop software.
GASTALDIN ENTERPRISE LLC is a company with responsibilities.
(Hereinafter referred to as “GE”).
The Site is hosted by the company 1 & 1, located 7 Place de la gare BP70109 57210 Sarreguemines Cedex, (phone: 0970808911).
The Director of publication of the Site is GE located in Aventura in Florida in the USA.
Support can be reached at the following email address contact@boutique-moto-custom.com.
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the "General Conditions of Sale", or the "GTC") are applicable exclusively to the online sale of products offered by the Operator on the Website.
The GTC are made available to customers on the Site where they can be directly consulted and can also be communicated to them on request by any means.
The CGV are opposable to the customer who recognizes, by checking a box or by clicking on the button provided for this purpose, to have read and accepted them before placing an order. The validation of the order by
its confirmation constitutes adhesion by the purchaser to the GTCS in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
Article 3 - DESCRIPTION OF THE PRODUCTS
The Site is an online sales site for motorcycle parts and accessories open to any natural or legal person using the Site (the "Client").
The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer's site by a link found on the Site) mentioning their essential characteristics. The photographs illustrating,
where applicable, the products and dimensions do not constitute a contractual document. No return can be accepted for misinterpretation of the information displayed. The instructions for use of the Product, if it is an essential element,
appears on the Site or is sent to the delivery at the latest. The Products comply with the prescriptions of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical providers such as in particular internet service providers,
which remain at his expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration he uses is secure and in working order.
Article 4 - CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create his personal customer space. Once created, to access it, the Customer must identify himself using his secret, personal and confidential username and password.
It is the Customer's responsibility not to communicate their username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Client undertakes to maintain strict confidentiality
on the data, in particular username and password, allowing him to access his client area, the Client acknowledging that he is solely responsible for accessing the Service by means of his username and password, except fraud proved.
Each Customer also undertakes to inform the IAG company without delay in the event of a loss, misappropriation or fraudulent use of their username and / or password.
After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.
The Customer agrees when registering to:
* deliver real, exact, up-to-date information at the time of their entry in the service registration form, and in particular not to use false names or addresses,
* or names or addresses without being authorized to do so.
* keep the registration data up to date in order to permanently guarantee their real, exact and up-to-date character.
The Customer also undertakes not to make available or distribute illegal or objectionable information (such as defamatory information or constituting identity theft) or harmful (such as viruses). Otherwise, the company IAG will be able to suspend or terminate the Client's access to the Site for its exclusive wrongs.
Article 5 - ORDERS
Our company strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.
If, despite the best efforts of our company, a Product becomes unavailable after the Customer's order, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between:
* the delivery of a Product of a quality and price equivalent to that initially ordered, or
* reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, Our company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
Except for any contrary mention appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the Products chosen, add them to his basket, indicating the Products selected and the quantities desired. The Customer has the possibility to check the detail of his order and its total price, and to return to the previous pages for possibly
correct the contents of his basket before confirming it.
The Customer agrees to read the General Terms and Conditions of Sale then in force before accepting them and confirming the terms and any delivery and withdrawal costs prior to payment of the order. The confirmation of the order implies acceptance of the GTC and forms the contract.
A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of the Order so that the latter can refer to it.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. Our company strongly advises the Client to print and / or archive this reliable and durable medium.
order confirmation as proof. A digital invoice is made available to the Customer in the "my account" area. Our company also advises the Client to print and / or archive this invoice as proof as a reliable and durable medium.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
Our company reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
* The Customer would not comply with the General Conditions in force when ordering;
* The Customer's order history shows that sums remain due under previous orders;
* One of the Customer's previous orders is the subject of a dispute being processed;
* The Customer did not respond to a request for confirmation of his order that the Operator sent him.
The site archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address contact@boutique-moto-custom.fr, the Operator will provide the Customer with a copy of the contract which is the subject of the request.
Any modification of an order by the Customer after confirmation of his order is subject to the agreement of our company.
The information communicated by the Customer when placing the order (including name and delivery address) binds the latter. Thus, the operator's responsibility cannot in any way be sought in the event that a
error when placing the order would prevent or delay delivery / delivery.
The Customer declares to have full legal capacity allowing him to commit under these General Conditions.
Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or guardian holding parental authority. In any case, registration is not authorized on behalf of third parties unless
validly entitled to represent it (legal person for example). Registration is strictly personal to each Client.
In the event of a breach by the Customer of any of the provisions herein, the Operator reserves the right to terminate the account of said Customer without notice.
Article 6 - TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires payment of a price against the supply of the Product ordered.
In any event, Our company Gastaldin Societe Family reserves the right to check the validity of the regulations, before the shipment of the order, by any means necessary.
Our company uses the Paypal online payment solution, as well as any other means of payment by credit card Visa, MasterCard, Carte bleue, AmericanExpress etc…
Orders can be paid using one of the following payment methods:
* Payment by credit card. Payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Client's account will be debited for the corresponding amount only when (i) the data of the bank card used has been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The inability to debit the amounts due will result in the immediate nullity of the sale.
The bank card can in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
* Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by Our company. The Customer can use this account and pay for his order securely without providing his bank details.
* Payment by bank transfer. The Customer can pay for his order by bank transfer. When ordering, IAG will communicate the contact details of the account to which to make the transfer, as well as the order reference to be indicated in the order of transfer. Orders are processed within 48 hours maximum after receipt of the transfer.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any other purpose than these.
Article 7 - PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros or in dollars all taxes included (VAT) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
The price is payable in euros (€) or in US dollars ($). The price is due in full after confirmation of the order. The prices offered include the discounts and rebates that the Operator would have to grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
The Customer's attention is particularly drawn to the mode of acceptance of the order placed on the Site. When the Customer places his order he must confirm it by the "double-click" technique, that is to say that after selecting Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of selected products, price, terms and delivery costs) before confirming it by clicking on "I validate my delivery", then he acknowledges accepting these GTC before clicking on the "I pay" button, finally he validates his order after filling in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
Archiving of communications, purchase orders and invoices is provided by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by Our company on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
The order can be resolved by the Customer by registered letter with request for acknowledgment of receipt or by writing on another durable medium in the event:
* delivery of a Product that does not comply with the declared characteristics of the Product;
* of delivery exceeding the deadline set in the order form or, failing such date, within thirty (30) days of the conclusion of the contract, after the Operator has been ordered, according to the same terms and without result, to make the delivery within a reasonable additional time;
* price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Client may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by the Operator in the event:
* the buyer's refusal to take delivery;
* non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 - RETENTION OF TITLE
The company remains the exclusive owner of the Products ordered on the Site until full payment is received, including any shipping costs.
The company specializes in parts that fit Harley Davidson motorcycles in aftermarket.
"Aftermarket means: parts and accessories of manufacture and brand other than the manufacturer Harley Davidson, without logo or mark allowing to see that they are not Harley Davidson parts"
In no case do we represent or are linked to the brand "Harley Davidson"
Our parts are not of the Harley Davidson brand and it is nowhere indicated that we are in connection with the Harley Davidson company.
We are not linked to any brand because no logo appears on our products and the customer and I am aware of it and undertake to know it.
Article 10 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Packages will be sent directly from the following countries, USA, ASIA, LONDON, GERMANY.
For certain products, the time may be a little longer depending on the processing by customs.
Our company runs as an intermediary between "customers and factory" directly.
The customer grants the right to the company to issue an order on their behalf directly to the manufacturing plant.
The relationship will therefore be from customer to factory for delivery.
It may happen that customs fees may be payable upon receipt. This is completely normal during export - import outside the EU.
The customer agrees to pay them to receive his products.
If customs fees are then payable we invite you to inform us, it happens that the supplier of the products agrees to pay a percentage without obligation on his part.
You can let us know and only the supplier will be able to give an agreement or not.
These customs fees are not included in the purchase and shipping of packages and the customer cannot make any dispute following these customs fees.
Delivery means the transfer to the Customer of physical possession or control of the Product.
Our company offers different delivery or delivery methods depending on the nature of the product: [La poste].
The shipping costs are those specified when the order is finalized and are accepted by the validation of the order.
Our company undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of 7 to 25 days in total after receipt of the order.
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and dispatch of the order as well as the deadline provided by the carrier.
Our company undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not been previously refused.
However, if one or more Products could not be delivered within the period initially announced, Our company IAG will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. Our company cannot be held liable if the address provided by the Customer is incorrect, preventing or delaying delivery.
Upon delivery, you may be asked to sign a receipt.
No delivery will be made to a post office box.
Upon delivery, it is the Customer's responsibility to verify that the Products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must imperatively indicate it on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been included on the delivery slip. The customer undertakes to be responsible for damage linked to the products if he signs the delivery slip without first checking the goods and cannot in any case make a claim or return of goods if he has signed the delivery slip .
Article 11 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
Our company is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, "Our company is a trademark registered with the INPI") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site can be wholly or partially modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Client or by a third party, whatever the means and / or the supports used, whether known or unknown to date, without the express prior written authorization of the Operator on a case by case basis, and the Customer is solely responsible for any unauthorized use and / or exploitation.
In addition, it is specified that Our company does not own the content posted by Customers, for which the latter remain fully responsible and guarantee the Company against any recourse on this basis. Customers grant the Operator a non-exclusive transferable, sublicensable, free and worldwide license for the use of the intellectual property content they publish on the Site, for the entire duration of protection of this content.
The Operator reserves the right to take any legal action against people who have not complied with the prohibitions contained in this article.
ARTICLE 12 - LIABILITY AND GUARANTEE
Our company cannot be held responsible for the non-performance of the contract because of the Client or because of an event qualified as force majeure by the competent courts or even the unpredictable and insurmountable fact of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted due to maintenance, updates or technical improvements, or to change the content and / or their presentation.
Our company cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Conditions and for direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the event that the Operator's liability is sought due to such behavior by one of his Customers, the latter undertakes to guarantee the Operator against any judgment pronounced against him as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for his defense.
It is recalled that the search for amicable solutions prior to a possible legal action does not interrupt the time limits for action of the legal guarantees nor the duration of any possible contractual guarantee.
EN - ARTICLE 13 - PERSONAL DATA
The User is hereby informed that the personal data indicated as being mandatory on the forms and collected as part of the service described herein is necessary for the use of the Site. Among the personal data of the User that the Operator collects from him may be:
* His names and first names
* His email address
* His telephone number
* His date of birth
* His genre
* His IP address (virtual address of his computer)
* His password
Our company is committed to ensuring the protection of the Customer's personal data and all personal data obtained in the context of the use of the services of the Site.
As such, each Customer is solely responsible for preserving the confidentiality of their username and password, and is solely responsible for all access to their Customer Account, whether authorized or not.
Our company cannot be held responsible for any harmful action or fact carried out via the Customer's personal space by a third party who would have had access to their username and password following a fault or negligence attributable to the Customer. The Customer undertakes to inform the Operator immediately as soon as the Customer becomes aware of or suspects unauthorized use or unauthorized access to his personal space.
All personal data collected by the Operator is collected directly from the Customer and processed by the Operator to allow the implementation and management of the Site services. This data may also be used to compile statistics to improve the services of the Site. This data may be transmitted to the Operator's partners and suppliers involved in the delivery, invoicing and management process for the purpose of order processing as well as for marketing and customer relationship management.
For more information regarding the use of personal data by the Operator, please read the Privacy Policy carefully (the "Charter"). You can consult this Charter at any time on the Site.
ARTICLE 14 - REFERENCES
The Customer authorizes Our company GE to mention the name of the Customer, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc. .).
ARTICLE 15 - GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relations between the Customer and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their object. If one or more stipulations of these General Conditions were declared null in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their range. In addition, the fact that one of the parties to these General Conditions does not take advantage of the other party's failure to comply with any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of take advantage of such a breach in the future.
MODIFICATIONS OF CONDITIONS
Our company reserves the right to modify the content of the Site or the services available there, at any time and without notice, and / or to temporarily or permanently cease operating all or part of the Site.
In addition, the Operator reserves the right to change the location of the Site on the Internet at any time and without notice, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.
The Customer acknowledges that the Operator cannot be held liable in any way whatsoever to him or any third party for these modifications, suspensions or terminations.
The Operator advises the Customer to save and / or print these General Conditions for safe and lasting conservation, and thus be able to invoke them at any time during the execution of the contract if necessary.
APPLICABLE RIGHT
These General Conditions are governed, interpreted and applied in accordance with American law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having read these General Conditions carefully.
By registering on the Site, the Customer confirms that he has read and accepted the General Conditions, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy dated to date can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which would be made by the Operator is not s '' will not apply to any order placed previously, except with the express agreement of the Customer at the origin of a given order.