PREAMBLE
The present conditions are concluded exclusively between SAS VTT LOISIRS, registered with the RCS of Dax under number 391 412 053, whose registered office is located at 119 avenue des Tisserands, 40150 Soorts-Hossegor (hereinafter referred to as "JOE BIKE", its commercial name) and any person visiting, making a purchase or a reservation (hereinafter referred to as "the Internet User") via the site accessible at the address www.joebike.fr (hereinafter referred to as "the Site"). JOE BIKE acts on behalf of JOE BIKE shops located in mainland France. JOE BIKE and the internet user will hereafter be collectively referred to as "the Parties".
The Parties agree that their relations will be governed exclusively by these General Terms and Conditions of Sale which are accessible on the Site.
These Conditions may be subject to change. It is therefore understood that the applicable Terms and Conditions are those in force on the Site at the time the Customer's order is registered.
The date on which these General Terms and Conditions of Sale are posted online is the date on which they come into force.
ARTICLE 1 - CONTRACT
The Internet User declares that he/she is 18 years of age and has the legal capacity to enter into a contract on the Site or holds parental authorisation to place an order.
The Internet User also declares that he/she has read and agrees to abide by these General Terms and Conditions of Sale.
In order to place an order, the Internet User must first create an account on the Site by providing information including his/her name, postal address, telephone number and e-mail address. This account will also enable them to track their order.
JOE BIKE cannot be held responsible for any error concerning the personal information of the Internet User.
Placing your order is done in several stages:
the Internet User validates his/her basket, after modifying it if necessary.
The Internet User chooses their collection point (Click & Collect) or home delivery.
the Internet User pays for the validated order in the case of home delivery and Click & Collect.
The Internet User then receives an order confirmation e-mail from JOE BIKE within a short period of time.
The order confirmation e-mail signifies JOE BIKE's acceptance of the Internet User's order and thus forms the sales contract between the Parties.
The online provision of the credit card number and the final validation of the order by the Internet User are proof of the completeness of the order. This validation constitutes the signature and acceptance of all operations carried out on the Site by the Internet User.
ARTICLE 2 - PRODUCTS AND SERVICES
JOE BIKE endeavours to describe and present the products and services sold on the Site as accurately as possible. However, certain characteristics of the products and services may be modified slightly, in particular to improve their quality. JOE BIKE cannot be held responsible for any error of assessment linked to the use of the Internet network.
ARTICLE 3 - PRICES
The prices shown on the Site are in euros and include all taxes in Metropolitan France. VAT is applied at the rate in force at the time the order is placed. Any change in the rate will be immediately reflected on the Site, but the rate applicable to your order will be that in force at the time the order is validated.
Product prices do not include delivery charges, the cost of certain packaging or the cost of other optional services subscribed to by the Internet User, which are extra. The latter will be brought to the attention of the Internet User on the summary screen before final validation of the order.
During certain promotional operations, the prices charged on the Site may differ from the prices charged in JOE BIKE shops. Unless otherwise stated, the prices displayed relate exclusively to products purchased online on the Site.
ARTICLE 4 - AVAILABILITY
The purpose of the Site is to present products, services, equipment and accessories related to sport, and in particular cycling, for purchase and reservation online.
The computer system used to display the availability of products on the Site may depend in particular on the updating of stock by each shop.
JOE BIKE informs the Internet User that the shop chosen manages its own stock, and is the sole decision-maker for validating or cancelling the Internet User's order due to the unavailability of the product(s) ordered. In fact, when the Internet User validates his/her basket, the staff of the shop where the product(s) and services are referenced checks and confirms the stock status only after the Internet User has registered and paid for the order.
Consequently, any confirmed order may contain a product that is unavailable due to a stock anomaly.
JOE BIKE undertakes to inform the Internet User as soon as possible.
ARTICLE 5 - PAYMENT
Payment by credit card: Internet users can pay for their purchases by credit card using a Carte Bleue, Visa or Mastercard.
JOE BIKE guarantees the security of payment by credit card by using the Crédit Agricole up2pay e-transactions system to process payments.
ARTICLE 6 - METHODS OF DELIVERY AND COLLECTION OF ORDERS
When the Internet User chooses several methods from home delivery and Click & Collect, the Internet User will receive different e-mails and/or SMS messages, as these are separate orders with their own conditions.
JOE BIKE informs the Internet User that the shop manages its own stock, and is the sole decision-maker to validate or cancel the Internet User's order due to the unavailability of the product(s) ordered.
Home delivery: The home delivery service is available in mainland France. As soon as the order is confirmed, the products ordered are prepared and given to the carrier, subject to availability, within 5 working days. For pre-ordered products (non-immediate availability, the date of which is indicated on the site), the products will be prepared and given to the carrier within 5 working days of the date indicated on the site when the order was placed. As soon as the order has been dispatched, the Internet User will be informed by e-mail or by telephone (on the number given when the order was placed).
For home delivery of bicycles, the carrier will contact the Internet User directly to make an appointment. If the Internet User is absent at the agreed time, the carrier will contact the Internet User by e-mail and by telephone in order to schedule a new appointment.
In the event of a delay in delivery, beyond the period agreed at the conclusion of the contract, the Internet User must contact JOE BIKE customer service by telephone, by e-mail or by post to the contact details indicated on the Site, in order to request that the delivery be made within a reasonable additional period, or that the order be cancelled.
In the event of cancellation, the Internet User will be reimbursed all sums paid, including delivery costs, within 14 days.
Products are delivered by the carrier to the delivery address indicated when the order was placed on the Site.
If the Internet user wishes to have the products delivered to more than one delivery address, he/she must place several orders; the delivery charges for each order will be due.
In the event of exceptional stock shortages, JOE BIKE will inform the Internet User by e-mail as soon as possible. The Internet User may choose a partial delivery of the available product(s) with a refund of the purchase price of the undelivered product(s) or request a total cancellation and a refund of the entire order, including delivery costs.
Delivery transfers ownership and risks of the order to the Internet User.
With regard to the receipt of packages, JOE BIKE strongly recommends that the Internet User check the apparent condition of the products when their package is delivered by the carrier (such as crushed, deformed, punctured or stained packages for example). JOE BIKE also recommends keeping the original packaging of the products before putting them into service and using them for the first time, especially for bicycles, so that the products can be returned to the JOE BIKE shop by the carrier if necessary.
The Internet User must express any reservations on the carrier's delivery slip or receipt and inform JOE BIKE within 3 days following receipt of the product(s).
Click & Collect: JOE BIKE's Click and Collect service is available in mainland France only in participating JOE BIKE shops.
Orders recorded on the Site may be modified according to product availability, which may vary between confirmation and validation of the order.
JOE BIKE undertakes to inform the Internet user by e-mail of the product(s) that have become unavailable at the time the order is validated by the chosen collection shop.
Unavailability results in the cancellation of the product(s) concerned.
Once the order has been registered on the Site, the Internet User will receive an e-mail confirming the order.
The Internet User's bank account is debited at the time the order is placed. Receipt of delivery results in transfer of ownership to the Internet User.
If the entire order is unavailable, the Internet User will receive an e-mail informing him/her of the cancellation of the order by the chosen shop. In the event of cancellation, the Internet User will be reimbursed for all sums paid, including delivery costs, within 14 days.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Any product used by the Internet User is no longer a new product, and as such is not eligible for return and reimbursement.
Conditions for exercising the right of withdrawal: In accordance with the legal provisions in force, the Internet User who places an order (Click & Collect, Home Delivery) via the Site has a right of withdrawal, without having to give a reason, within a period of 14 calendar days from the day following the date of receipt or collection of the order by the Internet User or a third party designated by the Internet User other than the carrier.
If the withdrawal period expires on a Saturday, Sunday or public or bank holiday, the period is extended until the 1st working day thereafter.
This period is deemed to have been respected if the Internet user returns the order before the 14-day period has expired.
In accordance with article L. 221-28 of the French Consumer Code, certain products are excluded from the right of withdrawal:
Products which have been unsealed by the Internet User and which cannot be returned for reasons of hygiene or health protection. For example (and without this list being exhaustive): underwear, etc;
Products in the category of Personal Protective Equipment (PPE). For example (and without this list being exhaustive): bicycle helmets, etc... ;
Products made to the Internet User's specifications or clearly personalised;
Perishable products, such as food products.
How to exercise the right of withdrawal: To exercise their right of withdrawal, Internet users must notify JOE BIKE of their decision to withdraw by means of an unambiguous statement:
By post with acknowledgement of receipt, to the following address Customer Service - JOE BIKE, 119 avenue des Tisserands, 40150 Soorts-Hossegor
By e-mail to the following address: contact@joebike.fr
Click & Collect order: The Internet User may return his/her order to the JOE BIKE shop where he/she has collected his/her equipment, no later than 14 days after having communicated his/her decision to cancel.
Orders delivered at home: The Internet User will be contacted by the JOE BIKE customer service department by e-mail which will inform him of the return procedure according to the products to be returned. The return costs are at the customer's expense.
Effects of exercising the right of withdrawal: JOE BIKE systematically checks the general condition and functioning of the returned products, whatever the method of delivery, before proceeding with reimbursement.
JOE BIKE reserves the right to refuse to reimburse any product sold as new which is not returned as new, which has been used, whether damaged, soiled, etc., showing signs of use exceeding what is necessary to establish the nature, characteristics and proper functioning of the product, incompatible with the testing of the product, rendering the product unfit for resale.
JOE BIKE reserves the right to refuse to reimburse any second-hand product that has been used, whether damaged, soiled, etc., showing signs of use exceeding what is necessary to establish the nature, characteristics and proper functioning of the product, incompatible with product testing, making the product unfit for resale.
Any Personal Protective Equipment (PPE), such as a bicycle helmet, excluded from the right of withdrawal, is not eligible for return and reimbursement.
The Internet User must return the new or used product(s) with the accessories and instructions supplied, if possible in their original packaging, failing which in suitable packaging that correctly protects the product(s) returned.
JOE BIKE will reimburse the Internet User for all sums paid, if the order is returned in its entirety, within a maximum of 14 days from receipt of the new product(s), subject to the condition of the product.
The order registered by the Internet User may be shipped several times, i.e. in several separate packages.
The Internet User who returns his/her entire order, made up of one or more shipments, will be reimbursed for the amount of his/her order, including the initial delivery costs. The cost of returning the goods shall be borne by the Internet User.
Internet users who return part of their order, i.e. one of the two shipments making up their order, will be reimbursed for the amount of the products returned, including the initial delivery costs. The cost of returning the goods shall be borne by the Internet User.
In the event of the return of a product purchased on special offer, JOE BIKE will reimburse the product at the reduced price in force on the day of the order paid by the Internet User, and not at the price of the product excluding the special offer.
Any product returned remains the exclusive property of JOE BIKE.
JOE BIKE will proceed with the reimbursement by crediting the bank account used at the time of the order, unless the Internet User expressly requests another method of reimbursement.
If reimbursement proves impossible, for example due to theft or fraud of the bank card used, the Internet User must contact Customer Service. For security reasons, Customer Services will ask the Internet User to explain and justify the reason why it is impossible to make a refund to the bank account used when the order was placed, and will proceed to check the Internet User's identity. In case of serious doubt, JOE BIKE reserves the right to refuse reimbursement to a bank account other than the one used for the order.
The above in no way prevents the application of legal guarantees when the conditions are met (see Article 12 - Guarantees).
ARTICLE 8 - EXCHANGE AND RETURN OF PRODUCTS
In the event of any difficulty or question relating to the return of a product, the Internet User is invited to contact Customer Services using the following details:
By e-mail to: contact@joebike.fr
By post to JOE BIKE - Customer Service - 119 av des Tisserands, 40150 Soorts-Hossegor.
Exchanging a product : No exchanges are accepted from the Site.
ARTICLE 8: ORDERS
Any order placed on the Site implies the express and unreserved acceptance of these General Terms and Conditions of Sale.
The Internet User undertakes to ensure that the information provided at the time of ordering is complete, accurate and up to date. If this is not the case, JOE BIKE reserves the right to simply cancel the order.
The Internet User is therefore solely responsible for the information provided at the time of ordering, such as e-mail address, delivery address and billing address. JOE BIKE cannot be held responsible for an order that is not delivered due to incorrect details provided by the Internet User.
ARTICLE 9 - PERSONAL DATA
The data collected from Internet users is subject to computer processing by VTT LOISIRS, in its capacity as data controller.
The data collected is reserved for use by the marketing and loyalty department.
The personal information collected is required to process the order, to send it and to draw up the invoice.
Under the French Data Protection Act, Internet users have the right to access, rectify, oppose and delete their personal data. They may exercise their rights by contacting us electronically at the following address: contact@joebike.fr
ARTICLE 10 - GUARANTEES
Legal guarantee of conformity (article L.217-1 et seq. of the French Consumer Code)
VTT LOISIRS - 119 avenue des Tisserands, 40150 Soorts-Hossegor guarantees the defects of the products sold.
When he acts in legal guarantee of conformity the Internet user :
Has a period of 2 (two) years from delivery of the goods to take action;
May choose between repairing or replacing the good, subject to the conditions relating to the cost of the solution chosen in accordance with article L.217-9 of the Consumer Code;
is exempt from having to prove the existence of a lack of conformity in the goods during the twenty-four (24) months following delivery of the goods.
This guarantee applies independently of any applicable commercial guarantee.
Guarantee against hidden defects (article 1641 et seq. of the French Civil Code): As part of the guarantee for defects in the item sold, JOE BIKE, at the Internet User's discretion, after assessing the defect, undertakes :
Either to refund part of the price of the product returned;
Or to refund the full price of the product returned.
Commercial guarantee: VTT LOISIRS acts as an agent for professional sellers who guarantee that the products they offer for sale are in working order. Any guarantees linked to the products sold are clearly detailed on their description sheet or on their instructions.
Some products are also covered by a manufacturer's warranty. The extent and duration of this guarantee vary depending on the brand. The Internet User is invited to consult the warranty notice provided with the product.
In all cases, VTT LOISIRS cannot be held responsible if the manufacturer refuses to apply its guarantee.
Warnings: the warranties will not cover products damaged as a result of misuse or lack of maintenance of the products by the Internet User who has not respected the conditions of use of the products (instructions for use, precautions for use, etc.).
ARTICLE 11 - LIABILITY
VTT LOISIRS may not be held liable in the event of failure to fulfil one of its contractual obligations if this is due to a case of force majeure as defined by French case law or to the unforeseeable and insurmountable act of a third party to the contract.
Under no circumstances may VTT LOISIRS be held liable for loss of profit, commercial loss, loss of data or loss of earnings or any other indirect damage or damage which could not have been foreseen at the time of use of the Site or the conclusion of the sales contract between the Parties.
VTT LOISIRS cannot be held responsible for any direct or indirect damage that may be suffered by the Internet user as a result of the use of the Internet network.
ARTICLE 12 - SITE ACCESS LICENCE
JOE BIKE grants a limited licence to access and use the Site for the personal use of the Internet User. Under no circumstances does this confer the right for the Internet User to download or modify all or part of the site without the express authorisation of JOE BIKE.
This licence does not allow any other use, in particular commercial use, of the Site or its content (products, brands, descriptions, prices, data, software, sound extracts, graphics, images, photographs, etc.).
All elements of this Site, whether audio or visual, including the technology used, remain the exclusive property of JOE BIKE and are protected by copyright, trademarks or patents.
ARTICLE 13
- COOKIES
Our Site uses internal and third-party cookies to improve navigation and content. They are also used to provide us with information on how the site is used in order to ensure that it is kept up to date, relevant and bug-free. The majority of cookies used on our site are essential to its operation. These cookies can improve performance and provide additional functionalities.
Others enable better targeting to improve your user experience. For example, they collect your browsing habits in order to better target the content offered.
You have several options for managing cookies. You can express and modify your wishes regarding cookies at any time via the "Help" section of your browser's toolbar. This will tell you how to refuse new cookies, obtain a message informing you that you have received them or how to deactivate them. You can also delete cookies manually.
ARTICLE 14 - MEDIATION
Purchases made by an Internet user located in France: In accordance with article L.612-1 of the French Consumer Code, JOE BIKE offers the Internet user the possibility of recourse to a mediator for any dispute not resolved in the shop or by the customer service department, relating to the sale of products or the supply of services to which they are a party.
To exercise this right, contact the Mediator of the Centre de la Médiation de la Consommation de Conciliateurs de Justice by contacting them electronically on the website: www.cm2c.net.
Recourse to the Mediation officer is free of charge.
Once the matter has been referred to the Mediation officer, the latter checks that the request falls within the scope of admissibility for consumer mediation, then decides whether the case is admissible or inadmissible.
If the case is inadmissible, the Mediation officer informs the Internet user that his request has been rejected within 3 weeks of receipt of the complete file. The Mediation officer's decision must be duly substantiated and may not be appealed.
If the complaint is admissible, the Mediation officer will issue an opinion within 3 months at the latest.
This opinion is not binding on JOE BIKE or the Internet User who retains the right to take the matter to court.
ARTICLE 15 - APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law. Intersport General Terms and Conditions of Internet Sale
In the event of the invalidity of any one of them, the other clauses shall remain valid.
