The present terms and sales conditions are to inform all customers about the conditions and modalities in which the seller shall undertake the sale and delivery of all products ordered, and secondly to define the rights and obligations of the parties in connection with the sale of the products from the Probikeshop company where the products are offered on its website www.probikeshop.com.
Accordingly any person who orders a product offered for sale on the Probikeshop website acknowledges and accepts fully and entirely these terms and conditions before ordering.
The products on the website on sale are offered for the following countries : Metropolitan France, Corsica, Guadeloupe, Guyana, Martinique, New Caledonia, French Polynesia, Reunion, Germany, Austria, Belgium, Denmark, Spain, Finland, Great Britain, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Sweden, South Africa, Australia, Canada, Japan, Norway, New Zealand, Switzerland, USA.
Prior to an order the buyer declares :
That the purchase of products from www.probikeshop.com is in no direct relationship with their business and is limited to personal use;
That Probikeshop reserves the right to modify the terms and conditions at any time .
2. Identity of the company
S.A.S au capital de 226 000 euros
Siège social : 35 rue Ponchardier
42015 Saint-Etienne Cedex 2,
R.C.S Saint-Etienne 408 364 64
The purchaser shall be personally responsible for their internet and connection methods to access www.probikeshop.com
The purchaser is responsible for their internet access costs whilst accessing the site.
The price of all of the online products on the website www.probikeshop.com are indicated in Euros, and are those which are indicated at the time when the order is validated by the purchaser. The price and availability of the products on the website are uniquely guaranteed for online payments by bank card and paypal.
The price indicated on the product page does not include shipping costs (unless otherwise stated). Shipping costs shall be charged in addition to the total price of the products purchased. The shipping costs shall be indicated before the confirmation of the order to the purchaser.
For customers inside the european union the prices include value added tax (VAT) applicable on the date of the order. Any change in the VAT rate shall automatically adjust the prices accordingly on www.probikeshop.com website.
For customers outside of the european union the prices are indicated without VAT.
www.probikeshop.com reserves the right to change the price of any product on sale at any moment. This modification shall be reported to the customer before any order.
4.2. PRODUCT SPECIFICATIONS - AVAILABILITY
In accordance to article L 111-1 of the consumer code, the purchaser may, prior to his order, take note on the website www.probikeshop.com the essential characteristics of the product that they wish to order.
The purchaser selections one or several products amongst the different categories proposed on the website www.probikeshop.com : frame, brakes, wheels, derailleurs... etc.
The offers presented by probikeshop.com are valid whilst stocks last.
www.probikeshop.com reserves the right to change the range of products according to the availability and constraints of the products from their suppliers.
The photos, images and discriptions of products offered for sale are only indicative and not binding on the seller.
In the case that a supplier has modified a product, the photo representing it does not engage responsibility of the seller or affect the validity of the sale.
Any order made implies acceptance without limitation or restriction to the general sales conditions.
From the instant where the buyer save's their order by clicking on the 'Order Confirmation' button, it is considered that the general terms and sales conditions, the prices, volumes and quantities proposed are accepted.
The buyer can order :
On the internet : www.probikeshop.com
The order must be confirmed by www.probikeshop.com by email.
The sale will only be considered final after www.probikeshop.com receives full payment for the order and sends the buyers confirmation of the order.
www.probikeshop.com recommends that the buyer conserves any information about the sale either electronically or on paper.
The full total price of the order must be made by the buyer once the order has been made. At no time can the payment be considered as a deposit or installment.
The full amount of the order shall be debited from your bank card or paypal account by www.probikeshop.com once the buyer has confirmed the order. Or in the case that that buyer has paid by cheque the order shall be sent upon reception of the cheque.
All of the orders are to be paid in Euros.
To settle the order the buyer has several payment methods proposed at the moment of confirming the order : Bank card (Mastercard, Visa), American Express ,paypal or by cheque.
The buyer warrants the required permission to www.probikeshop.com to use the payment method he chose when confirming the order.
www.probikeshop.com reserves the right to suspend or cancel any order and/or delivery for whatever the reason, in case of non payment by the buyer, or a payment incident.
Penalties of an equal amount to the interest rate plus five points shall be automatically applicable to any unpaid amounts after a period of 10 days after the creation of the invoice, or upon notification that the payment was rejected for any other payment method. The delivery of any new order may be suspended in the case of a delayed payment of a previous order.
www.probikeshop.com reserves the right to ask for a photocopy of the buyers identity card for all payments by bank card.
As part of the fight against internet fraud, the information about your order may be transmitted to any third party for verification.
The buyer having taken note of the characteristics marketed by www.probikeshop.com, is personally responsible for any choice of product and function in terms of their needs. Furthermore, the buyer acknowlodges alone that they know the products, functions and are the sole judge of the compatibility of the products ordered which shall be used by the buyer.
7.1. GENERAL RULES
7. Shipping and reception
The products shall be delivered to the address indicated on the order form.
The buyer can, at their wish, have the invoice sent to their billing address and not to the delivery address.
In case of partial availability of items, www.probikeshop.com may need to divide the order. Thus the available items shall be initially sent, the balance of the order shall be sent when all other items become available.
www.probikeshop.com proposes to their customers the following shipping companies : Colissimo, Chronopost or by UPS.
Lack of complience with the procedures described below shall certify that no claim by the purchaser shall be accepted.
7.2. FEATURES OF THE POSTS COLISSIMO TRACKING / DELIVERY SYSTEM
The buyer is delivered at the address indicated on the order form by their postman. The buyer shall sign for the package to acknowledge reception. In the case that the purchaser is absent, they shall receive a notice of passage from the postman, allowing them to withdraw the package from the local post office. Generally it shall be keep in the local post office for a maximum of 15 days.
The buyer must verify in presence of the postman / courier the condition and the content of the packaging.
In the event that the buyer has any kind of doubt whatsoever on the condition or contents of the package, they shall :
1- apply the colissimo procedure (including to report any damage, claims and reserves) and to refuse the package immediately by issuing a statement of abnormality to the postal services.
2- report such incidents to www.probikeshop.com
7.3. FEATURES OF UPS' TRACKING / DELIVERY SYSTEM
The buyer is delivered at the address indicated on the order form by the UPS courier. They then eletronically sign the receipt.
In the case that the purchaser is absent, they shall receive a notice of passage from UPS. This will allow the buyer to make contact with UPS so that they can arrange a delivery time which is convenient for the purchaser.
The buyer must verify in presence of the courier the condition and the content of the packaging and the number of packages delivered.
In the event that the buyer has any kind of doubt whatsoever on the condition or contents of the package they should refuse the package and report such incidents to www.probikeshop.com.
Please note : UPS do not deliver on Saturdays.
7.4. DELIVERY TIME
The average delivery times are indicated on the site www.probikeshop.com in the 'shipping' section.
These delivery times are just an indication of the average time in days.
Any over shoot in the time taken to deliver will not lead to damages, withholding or cancellation of the order by the buyer.
However if the order is not delivered within the period of 21 days from the start of a delivery investigation www.probikeshop.com shall at its own expense send a new shipment of the products ordered. (under condition that www.probikeshop.com still have the products ordered in stock.)
7.5. QUALITY ISSUES OR COMPLIANCE
If the product(s) delivered does not correspond to the order made (defective or nonconforming), the buyer must make a claim to www.probikeshop.com within 7 days of reception of the order.
Any claim must be made by letter by recorded delivery to the address indicated in paragraph 2. SITE MANAGEMENT / ORDERS. The letter must include the following information :
-The contact information of the buyer.
-The product references.
-The grounds for the claim.
The products to be returned must be done so within seven working days from the day when a returns number has been issued to the buyer by www.probikeshop.com customer services. Otherwise www.probikeshop.com will not undertake any exchange or refund of the products ordered.
Any product which is returned to www.probikeshop.com for an exchange or refund must be in its original packaging and be complete as when received.
The return shipping costs shall be borne by www.probikeshop.com, except in the case where the product exchanged or returned does not match the original declaration made by the buyer. The return costs shall be capped to the price of sending a corresponding package by colissimo or by recorded delivery R1. The costs shall be refunded in the form of a coupon voucher or redeem code to use on the website www.probikeshop.com.
Any risk associated with returning the product is the responsibility of the buyer.
Failure to comply with the procedure and return times outlined above shall signify that the buyer can not make any claim for nonconforming or defect goods delivered.
All of the products online are all in stock unless otherwise stated.
If a product is ordered and it is unavailable www.probikeshop.com will inform the buyer as soon as possible.
In accordance with article L121.20.3 of the consumer code, www.probikeshop.com may in this case provide a product of the same quality and at an equivalent price.
In any event the products ordered will be delivered within a maximum of 30 days from the day the buyer has made their order, suject to full payment. Failing this option, www.probikeshop.com shall refund the purchaser no later than 30 days after reception of the full payment.
In accordance with article L-121-16 of the consumer code, the purchaser shall have seven days from the date of reception to return, at their own expense, the products ordered for a refund.
The products must be returned to www.probikeshop.com in perfect condition for resale in its original perfect, new state (Original packaging, new, complete, Original tags if clothing) and be accompanied by the invoice corresponding to the sale.
Similary, if the product has a warranty form or any other document to be completed, it should not be filled in so that the buyer can exercise his withdrawl rights.
Any product which is incomplete, damaged or whose original packaging has been damaged, will not be refunded or exchanged.
The right of withdrawl will give rise to a choice for the buyer. :- Either a refund to the bank card which was entered during the initial order, a refund to the paypal account which was entered during the initial order, by cheque or by a voucher code, under the conditions set forth in paragraph 10. below.
10. Reservation of ownership
www.probikeshop.com retains full ownership of the products sold until full payment is received (generally including costs and taxes).
Throughout the period between delivery and transfer of the items, loss, theft or destruction shall be the responsibility of the buyer.
Any failure of the buyer to respect the payment obligations to the seller shall result in the right to demand immediate return of the goods delivered at the expense and risk of the buyer.
The conditions and duration of product warranties can be found on the www.probikeshop.com website in the aftersales section. The buyer shall be deemed to have consulted and accepted these periods.
In the case where the manual is not delivered with the product, and upon request from the buyer, www.probikeshop.com shall send the instructions in English or send a link to access them.
Any return of a product under the foregoing warranty is subject to prior agreement with www.probikeshop.com.
For this purpose, the buyer shall make contact with the customer services at www.probikeshop.com.
No returns shall be accepted without prior authorization by www.probikeshop.com.
If the product is found to be defective www.probikeshop.com shall send the buyer a return number. This return number which is crucial and essential is valid for seven days from when it is communicated to the buyer by www.probikeshop.com. After this period the purchaser shall renew its request, following the procedure above.
Any returned product which is incomplete, damaged and/or whose original packaging has been damaged will neither be retaken nor exchanged under the warranty.
All costs and risks associated with returning the product are the responsibility of the buyer.
The descision to exchange or repair the product on warranty shall be made by the manufacturer.
www.probikeshop.com does not guarantee the purchaser in respect of latent defects affecting the products supplied as part of a replacement for defective products or parts by rendering them fit for use, and can not be seen by the buyer to be responsible for any harmful consequences that could result from hidden defects.
In any event the warranties do not cover :
- The replacement of consumables.
- Abnormal / non conforming use.
- A damaged product that was specifically mentioned in the product description.
- Any defects and consequences due to the intervention of a dealer or repairer non approved by www.probikeshop.com
- Any defects and consequences due to abnormal or non conforming use for which the product is destined (using professionally, sharing..).
All of the products proposed by www.probikeshop.com comply with the current french legislation.
www.probikeshop.com will not be held responsible for a breach of contract in case of a shortage of stock or unavailability of the product, disruption or total or partial strike of the postal services and/or communication services.
www.probikeshop.com will not be held liable for any consequential damages that may arise from the purchase of products.
www.probikeshop.com will not be held liable for the total or partial ability to use the products, because of the incompatibility of the material, nor give rise to any compensation or refund.
www.probikeshop.com will not be held responsible for any 3rd party information that the site may contain (links to other websites...). www.probikeshop.com will in no case be liable for damages resulting from the use, access to, or inability to use the 3rd party information, nor for the content of these sites.
If one or more clauses of these terms and conditions are deemed to be invalid or declared as such under any law, regulation, or following a final decision by a competent jurisdiction, all other clauses will retain their force and effect.
The failure of either party not to claim a breach with the other party to any of the obligations contained in these sales terms and conditions can not be interpreted in the future as a renunciation to the obligation in question.
All sales of products by the www.probikeshop.com company are subject to the French law.
The information collected by www.probikeshop.com in any order made by the buyer is necessary for the management of the order by www.probikeshop.com.
When the order is confirmed by the buyer, the value shall be transmitted to Google Analytics© for use in the statistics. The identity of the buyer shall never be transmitted.
In accordance with the data protection act No.78-17 of 6th January 1978, the buyer has the right to access, rectify, oppose and delete data relating to www.probikeshop.com.
17. Customer services and order tracking
For any extra information the buyer can contact the customer services by either email or telephone