Conditions of Sale
TERMS AND CONDITIONS OF SALE
The MVMT company is a limited liability company with capital of 74 800 EUR, with its headquarters at 49 Rue Victor Hugo - 63110 Beaumont- FRANCE, registered on the Clermont-Ferrand Companies Register under the number 529 614 398. MVMT is a company specialized in the design, manufacturing and sale of bicycles (mountain, road, etc.) to customers (hereinafter “Customer” or “Customers”).
ARTICLE 1 – SCOPE
These Terms and Conditions of sale are applied, without limitation or qualification, to all of the products sold by MVMT. Consequently, any order automatically implies the acceptance of these Terms and Conditions which shall prevail over any other terms and conditions of sale and/or to the Customer’s own terms and conditions. This is the reason why, prior any order confirmation, the Customer must refer to and confirm acceptance of the terms and conditions of sale. MVMT reserves the right to adapt or modify at any time the present terms and conditions of sale. In case of modification, the general terms and conditions in effect at the date of the order will be applied to each order.
ARTICLE 2 – PRODUCT INFORMATION
MVMT makes every effort to ensure the accuracy of the information provided to the Customer, either on the website or in any documentation. It is however possible that inaccuracies, omissions and other types of error may occur. Images and descriptions of products shown may vary from actual products due to their specific manufacturing and individual customisation. Photos of products are presented for illustrative purposes only. MVMT shall not be held responsible for inaccurate or incomplete information. The Customer is therefore requested to read the description of each product in order to familiarise him or herself with its properties and characteristics, particularly as regards sought-after features and customisation.
ARTICLE 3 – PRICES
The prices indicated on the order form are in Euro and inclusive of all taxes. MVMT reserves the right to modify these prices at any time. Shipping charges are also listed on the Customer’s order form. The total price specified by MVMT on the order form is the final price. Payment will not be considered final until the actual receipt of the payment amount by MVMT.
ARTICLE 4 – ORDERS
Any order form approved by the Customer by “signature” or deposit constitutes irrevocable acceptance of the Contract of sale and may only be challenged within the limits set out in these terms and conditions of sale under the heading “Right of withdrawal”. The procedure for ordering by “signature” constitutes acceptance of the Contract of sale. The sale will be concluded only after the receipt of the full purchase amount of the order by MVMT, and subject to availability of the necessary components for the fulfilment of the order. MVMT will confirm acceptance of the order to the e-mail address given by the Customer. The Customer is committed by the information given on the order form: in the case of error in the address of the recipient, MVMT shall not be held responsible for finding it impossible to deliver the product. In the case of a redirection due to a lack of information given by the Customer, he or she will be invoiced the cost of the new delivery. In the case of error on the part of the MVMT company as regards the content of the Customer’s order, he or she must contact the after-sales service prior to any return. The return, if applicable, will be paid by the MVMT company on the basis of an eco-return delivery, and will be insured up to the value of the goods. In the case of unavailability of a component necessary to the fulfilment of the order, MVMT reserves the right to offer the Customer an equivalent or superior component. If, despite our endeavours, any proposed alternative fails to satisfy the Customer, the order of the component in question may be wholly or partly cancelled at MVMT’s initiative and the amount paid corresponding to the component will be returned to the Customer without liability for damages or interest. MVMT reserves the right to refuse or cancel any order from a Customer with whom it had a dispute relating a previous order or if MVMT reasonably believes that the Customer has violated the Terms and Conditions or is engaged in fraudulent activity or for any other legitimate reason. It is expressly agreed between the parties that evidence of written consent to the contractual obligations can be provided by the computer record of orders kept by MVMT. This means of proof, which the client recognises as valid, is admissible regardless of the amount of the order. Taking into account the principle of final acceptance of the order set up by MVMT, no change of the definitively accepted order will be accepted by MVMT.
The payment of a deposit will be compulsory for every wheels or frames orders. The deposit cannot be repaid in case of the Customer’s cancellation. The payment of a deposit constitutes a proof of purchase and amounts to the "signature" of the order form.
ARTICLE 5 – DEADLINES
Our deadlines being given as indicative, possible delays will not give rise to any entitlement of the Customer to compensation, price reduction or order cancellation or refund. No deduction to the invoice amount may be made by the Customer whether due to a problem of delay or for any other reason except in cases of legal dispositions applicable as of right.
ARTICLE 6 – PAYMENT OF THE PURCHASE COST
The purchase cost invoiced is the price indicated on the order form sent to the Customer by MVMT. For deliveries outside mainland France, the customer agrees to pay all taxes due on the importation of goods, customs duty, value added tax and other taxes due under the laws of the country of reception of the order. MVMT discharges itself from any liability in the event that the customer may not have paid those taxes. On final order, payments are to be made:
either by bank transfer,
or by PayPal or credit card.
The order accepted by the Customer will be considered as confirmed when payment has been received by MVMT.
ARTICLE 7 – PAYMENT DEFAULT OR DELAY
In accordance with Articles L. 441-6 and D. 441-5 of the Commercial Code, any amount due and unpaid by the due date will result, as of right, in a lump sum compensation to cover expenses in the amount of 40,00 EUR, and will bear interest at a fixed rate of three times the legal rate of interest. The Customer shall also reimburse MVMT all additional costs incurred by litigious recovery of sums due, including judicial officers’ fees.
ARTICLE 8 – DELIVERIES
Our goods travel at the risk of the recipient, even when they are sent “carriage paid”. Checking of the delivered products must take place at the time of receipt of the goods. In accordance with Article L. 133-3 of the Commercial Code it is the responsibility of the recipient to make the necessary observations to the carrier within three (3) days of receipt. Without prejudice to any measures to be taken taken in respect of the carrier, the Customer must inform MVMT by registered letter with acknowledgement of receipt within three days following the date of delivery of any apparent defects or lack of conformity of the delivered goods.
The letter, with the copy of the delivery note, is to be sent to the following address:
MVMT – 49 Rue Victor Hugo – 63110 Beaumont – France.
Otherwise, the goods shall be deemed accepted by the Customer. Unloading is the responsibility of the recipient. It is the responsibility of the Customer to provide any supporting evidence as to the reality of defects or anomalies noted. The Customer will allow MVMT every opportunity to assess the defect(s) and to provide a solution. The Customer will refrain from intervening or having a third party intervene to that same end. Any defect in workmanship recognised following counter-examination will only require of MVMT the free-of-charge replacement of the goods found being defective, to the exclusion of any operating loss or additional damages. The notification of a dispute, by mail or by any other means, does not exempt the Customer from payment of the invoice when due under the Contract.
ARTICLE 9 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of MVMT products to the Customer will be made only after full payment by the latter, and regardless of the date of delivery of those products. On the other hand, the transfer of risks of loss and damage to MVMT products will take place on delivery of the goods to the carrier.
ARTICLE 10 – RIGHT OF WITHDRAWAL
Under the conditions provided for by Article L.121-20 of the Consumer Code, the Customer has a cooling-off period of fifteen (15) days from the date of delivery of the products to return them to the supplier:
MVMT – 49 Rue Victor Hugo – 63110 Beaumont – France.
Any exchange or refund will only be accepted if the products are returned by mail with delivery against signature in their original packaging and in perfectly resalable condition, with their accessories and manuals, without trace of use or having been mounted, within fifteen (15) days of delivery. Return costs will be the sole responsibility of the Customer. MVMT is not responsible for lost returns: the package must be sent by registered post with receipt of delivery. MVMT is liable for exchange of the goods, or refunding the amount paid by the Customer, without charges, except for return shipping costs. Reimbursement is due within a maximum of thirty (30) days. All reimbursements are made by the means of payment used by the Customer when ordering. Products received incomplete, damaged, soiled or not with their original accessories will not be accepted for return. To ensure proper support for his or her request, the Customer shall keep MVMT informed within the deadlines. To that end, the Customer shall comply with the return procedure as indicated by MVMT, under penalty of refusal.
This right of withdrawal is not applicable for any Frames or wheels order thanks to the unique and personalized nature of such products.
ARTICLE 11 – LIABILITY – GUARANTEE
11.1 – Guarantee for products other than frames manufactured by MVMT
The products sold by MVMT comply with the regulations in force in France. In any event MVMT may not be held responsible for non-compliance with regulative and legislative provisions in force in a receiving country other than France. The Customer is solely responsible for the choice of products, their storage and use. Under the terms of Article L. 121-20-3 of the Consumer Code, MVMT shall not be held responsible for non-performance or poor performance by the Customer, unforeseeable and uncontrollable act by any third party or due to a case of force majeure as normally recognised by French law. Moreover, to the extent permitted by law, MVMT may not be held responsible beyond a sum corresponding to the amount of the transaction in connection with which a dispute has arisen. In addition to the legal guarantee of conformity and the legal guarantee against hidden defects, some products have a specific commercial warranty. If necessary, the warranty period for these products is specifically mentioned on their instructions. This warranty does not support equipment used in connection with competition or rental use, damage due to wear and tear, misuse, lack or failure of maintenance or any modification to the product after its delivery.
This warranty does not either take in charge:
Replacement of products considered as consumable.
Non-conforming, irregular or abnormal use of the products.
Defects or characteristics of a product mentioned in the product data sheets.
Defects and their consequences related to the improper use of the product for the purpose for which it is intended.
The Customer must return the defective product(s) directly to the supplier only after acceptance by MVMT by e-mail or by telephone. The detailed modalities of the return will be specified in the e-mail sent to the Customer by MVMT. All returns of defective parts remain the responsibility of the Customer. The cost of return of the new or repaired equipment will, in turn, be taken in charge by MVMT. Any incomplete or partial return cannot be covered by warranty. Any trace of alteration or disassembly will void the warranty. For further information, the Customer may contact MVMT by e-mail at: email@example.com
11.2 – Specific MVMT frame guarantee
MVMT frames have a specific lifetime warranty for the frame and two years for the paint finish.
The following damage is excluded from this warranty:
Caused by a blow or a fall.
Due to improper handling or overloading.
Due to a manifest lack of maintenance or the use of unsuitable products for maintenance or cleaning.
Due to misuse or use on inappropriate terrain.
Appearance of rust in particular under the colored clear coat
Arising out of a repair that has not been carried out in our workshops.
Caused to the paintwork by stone chips, acidic contamination, prolonged exposure to wet or saline environments.
All wearing parts: screws and bolts, bearings, shock absorber, bushings, grommets, bottom bracket, derailleur hanger.
All components mounted on the frame which have not been provided or made by MVMT, whether or not fitted by MVMT.
Deterioration of screw threads due to non respect of torque or inappropriate screws or bolts.
Our warranty obligation is expressly limited to the replacement or repair of the defective part or component. No compensation may be claimed in case of immobilisation. MVMT commits itself to provide the Customer with a solution if a damage such as described above occurs.
Victoire Cycles frames have a colored clear coat, small tasks of rust can appear between the steel and the paint after few months according to the environment of use but also because of the steel evolves. These tasks not distorting the integrity of the frame, they cannot be considered as motive for guarantee. If needed, MVMT offers however the possibility f the Customers to paint their frames for a small price.
The warranty is transferable to a third party provided that the new owner identifies him or herself to MVMT in the month following the acquisition of the frame from the previous owner and communicates to us the serial number on the frame so that it can be identified. Any failure to do so will lead to irrevocable termination of the frame warranty. In any event, MVMT may not be held responsible for non-compliance with regulative and legislative provisions in force in the receiving country. The responsibility of MVMT is specifically limited to the value of the product in question, its value at the date of sale and without recourse against the brand or manufacturer of the product.
MVMT may not be held liable for damages of any kind, whether material, immaterial or corporal, which could result from a malfunction or improper use of commercial products. In consequence, MVMT recommends that users of its equipment comply strictly with written texts and safety advice and follow scrupulously the instructions for use.
ARTICLE 12 – INTELLECTUAL PROPERTY
All documents delivered or sent to the Customer and also the www.victoire-cycles.com site content (text, logos, photos, etc.) are the exclusive property of MVMT, its designated suppliers and entities having granted a right to use to MVMT. The contents are protected by French and international laws of copyright and intellectual property. Thus any reproduction, in whole or in part, without the written permission of MVMT is strictly prohibited.
ARTICLE 13 – DETAILS OF THE COMPANY
MVMT – 49 Rue Victor Hugo – 63110 Beaumont – France.
Tél. : 04 73 92 83 65 – firstname.lastname@example.org
ARTICLE 14 – LEGAL INFORMATION
The collection of personal details for purposes of distance selling is obligatory, this information being essential for the processing and delivery of orders, preparation of invoices and warranty contracts. Lack of information will result in the order not being acepted. In accordance with the law on freedom of information, the Customer has the right (article 34 of the law of January 6, 1978) to access, modify, rectify and delete data concerning him or her and can exercise that right with MVMT. In addition, MVMT undertakes not to communicate, free or with compensation, the contact details of its Customers to third parties, except with the agreement of the Customer.
ARTICLE 15 – DISPUTES AND APPLICABLE LAW
All of the clauses in these terms and conditions of sale, and all purchase and sales transactions referred to therein, are subject to French law. In case of difficulties in the application of these terms and conditions of sale, the Customer has the option, prior to any legal action, of seeking an amicable solution with the help of a professional association in the industry, consumer association or any other advisor of his or her choice. It is noted that the search for an amicable solution does not interrupt the period of legal warranty or the duration of the contractual warranty. It is noted that as a general rule, and subject to the discretion of the courts, the provisions of these terms and conditions of sale relating to the contractual warranty require the Customer to meet his or her financial commitments to MVMT. In case of dispute, the Customer shall first contact MVMT in order to reach an amicable solution. To the extent permitted by French law, exclusive jurisdiction is given in the case of dispute to the Tribunal de Commerce of Clermont-Ferrand (63), irrespective of the delivery location or method of payment accepted.