Terms of sales

Article 1: Entirety

These general terms and conditions express the entirety of the obligations of the parties. In this regard, the consumer is deemed to accept without reservation all the provisions stipulated in these general terms and conditions. No general or specific condition appearing in the documents sent or handed over by the consumer may be integrated into these terms, as long as these documents are incompatible with these general terms and conditions.

Article 2: Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company CYBERVELO to the consumer.

Article 3: Contractual Documents

This contract is formed by the following contractual documents, presented in descending hierarchical order: these general terms and conditions; the order form. In case of contradiction between the provisions contained in documents of different ranks, the provisions of the higher-ranking document shall prevail.

Article 4: Entry into Force - Duration

These general terms and conditions come into effect on the date of signature of the order form. These general terms and conditions are concluded for the duration necessary for the provision of the goods and services subscribed to, until the expiration of the guarantees owed by the company CYBERVELO.

Article 5: Electronic Signature

The consumer's "double click" on the order form constitutes an electronic signature that has, between the parties, the same value as a handwritten signature.

Article 6: Order Confirmation

The contractual information will be confirmed by email no later than at the time of delivery or, failing that, to the address provided by the consumer in the order form.

Article 7: Proof of Transaction

The computerized records kept in the information systems of the company CYBERVELO under reasonable security conditions will be considered as proof of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8: Product Information

8-a: The company CYBERVELO presents on its website the products for sale with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides the potential consumer with the possibility of knowing, before the final order, the essential characteristics of the products they wish to purchase.

8-b: The offers presented by the company CYBERVELO are valid only within the limits of available stocks.

Article 9: Price

The prices are indicated in Euros and are valid only on the date the order form is sent by the consumer. They do not take into account delivery costs, which are billed in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. The full payment of the price must be made at the time of the order. At no time can the amounts paid be considered as deposits or down payments.

Article 10: Payment Method

To pay for their order, the consumer has, at their choice, all the payment methods mentioned in the order form. The consumer guarantees the company CYBERVELO that they have the necessary authorizations to use the payment method chosen by them when validating the order form. The company CYBERVELO reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The company CYBERVELO notably reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

Article 11: Product Availability

The order will be executed no later than within 3 days from the day following the consumer's order. In case of unavailability of the ordered product, especially due to our suppliers, the consumer will be informed as soon as possible and will have the option to cancel their order. The consumer will then have the choice to request either a refund of the amounts paid within 30 days at the latest, or an exchange of the product.

Article 12: Delivery Methods

The products are delivered to the address provided by the consumer on the order form in France (including DOM-TOM) and Europe. The consumer is required to check the condition of the packaging of the goods upon delivery and to report any damage caused by the carrier on the delivery note, as well as to the company CYBERVELO, within one week.

Article 13: Delivery Problems Due to the Carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations," accompanied by the customer's signature. The consumer must simultaneously confirm this anomaly by sending the carrier, within two (2) business days following the delivery date, a registered letter with acknowledgment of receipt outlining said claims.

Article 14: Delivery Errors

The consumer must submit to the company CYBERVELO, on the day of delivery or at the latest on the first business day following delivery, any claim of delivery error and/or non-conformity of the products in kind or quality compared to the indications provided on the order form. Any claim made after this period will be rejected.

Article 15: Product Warranty

In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein cannot deprive the consumer of the legal warranty that obliges the professional seller to guarantee them against all the consequences of hidden defects in the sold item. The consumer is expressly informed that the company CYBERVELO is not the producer of the products presented within the website, as defined by law No. 98-389 of May 19, 1998, relating to liability for defective products.

Article 16: Right of Withdrawal

The consumer has a period of 14 working days to return, at their own expense, products that do not suit them. This period starts from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended to the next working day.

Article 17: Usage Rights

The right to use the software of the company CYBERVELO, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal, and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has the right to reproduce exclusively for the purpose of making a backup copy when it is necessary to preserve the use of the software.

Article 18: Force Majeure

Neither party will have failed in its contractual obligations to the extent that their execution is delayed, hindered, or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure will be considered any irresistible fact or circumstance, external to the parties, unpredictable, unavoidable, beyond the parties' control, and which cannot be prevented by them, despite all reasonable efforts.

Article 19: Partial Invalidity

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such under a law, a regulation, or following a final decision of a competent court, the other stipulations will retain all their force and scope.

Article 20: Non-Waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted in the future as a waiver of the obligation in question.

Article 21: Title

In case of difficulty in interpreting any of the titles appearing at the beginning of the clauses and any of the clauses, the titles will be declared non-existent.

Article 22: Applicable Law

These general terms and conditions are subject to French law. This applies to substantive rules as well as to form rules. In case of dispute or claim, the consumer will first contact the company CYBERVELO to obtain an amicable solution.

Article 23: Data Protection

The information requested from the consumer is necessary for processing their order and may be communicated to the contractual partners of the company CYBERVELO involved in the execution of this order. The consumer may write to the company CYBERVELO, whose contact details are provided in the privacy policy on the website, to oppose such communication or to exercise their rights of access, rectification regarding the information concerning them and appearing in the files of the company CYBERVELO, under the conditions provided by the law of January 6, 1978.