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These general conditions of sale is to define the rights and obligations of the Customer BAAK motorcycles and products presented by BAAK motorcycles www.baakmotocyclettes.com on its website (the “Site”). They apply exclusively between the company BAAK France, 21 avenue Joannès Hubert 69160 TASSIN LA DEMI LUNE (France), Siret n° 790 586 358 00026, TVA n° FR58790586358 (hereinafter “BAAK motorcycles”) and any individual consumers visiting or making a purchase via said Site (hereinafter “the Client”).
On the Site, BAAK motorcycles allows the customer to order online BAAK brand products motorcycles (hereinafter “the (or) product (s)”) on the terms and conditions.
Any order placed with BAAK motorcycles therefore leads to unconditional acceptance by the Customer of these conditions. These general conditions can be modified at any time without notice by BAAK motorcycles, the applicable conditions are those in effect on the date of the order by the Customer.
These terms and conditions are available permanently at the following address: http://www.baakmotocyclettes.com/fr/content/11-conditions-generales-de-ventes in a computer format suitable for printing and / or downloading, so that the Customer to reproduce them or save them.
2. PRODUCTS AND CONFORMITY
2.1. Products on sale are presented on the site BAAK motorcycles and with discussion.
2.2. Products offered by BAAK motorcycles comply with the applicable standards in France, solely to the area of validity of the relevant French regulations, especially French Road Traffic Regulations. We have not checked the legal situation outside Germany and so we cannot make any statements on this. Please clarify this yourself with the competent authorities in your country prior to use, assembly, etc BAAK can not be held responsible for lack of information about this.
Before the order or the assembly of the products, the Customer must ensure he has the required tools and skills if he wants to proceed to the assembly on his own. BAAK motorcycles won’t be responsible for any issue during the mounting process of the products of lack of information regarding the mounting. We recommend you to entrust a professional mechanic to care about the assembly of the products.
Items such as including photographs, videos, text, graphics and all the information and characteristics illustrating and / or accompanying the products are not contractual, the Customer acknowledges that.
Consequently, motorcycles BAAK not incur any liability for error or omission of any of these items or if modification of the elements by the suppliers and / or publishers.
3.1. The Customer declares be at least 18 years and have the legal capacity or holds parental permission allowing him to place an order on the Site.
￼3.2. The Customer undertakes to communicate to BAAK motorcycles actual information elements necessary to achieve the purpose provision of these Terms as ordered to do so online and of its situation, including its name, address, phone and valid address.
Customer is responsible for the consequences of false or inaccurate information transmitted or that the recovery would be unlawful.
3.3. Once the order is placed, BAAK motorcycles address the Customer an e-mail confirming it. He informs the sending of the Products.
3.4. Customer may change its data to the “My Account”.
4.1. All orders will be confirmed after acceptance of payment.
4.2. BAAK motorcycles reserves the right to cancel or refuse an order in case of dispute with the Client on a previous order.
4.3. BAAK motorcycles can accept orders within the limits of available stocks. It informs the client of the availability of the Products sold on the Site at the time of order confirmation.
If, despite the vigilance of BAAK motorcycles, products are unavailable, BAAK motorcycles inform the Customer by e-mail as soon as possible. The Customer can then cancel the order and refund, if applicable, any amounts already paid. The final or temporary unavailability does not in any way engage the responsibility of BAAK motorcycles, nor does not open any right to compensation or damages for the Client.
5.1. The prices displayed on the Site are indicated in euros all French taxes included (French VAT and any applicable taxes), excluding shipping, participation in order processing costs and packaging costs.
Postage, participation in order processing and packaging costs will be indicated in the basket of the Customer, before the final confirmation of the order.
Prices can be modified at any time without notice and especially in case of change of fiscal and economic data. Items will be billed based on rates in effect at the time of registration of the order.
6.1. BAAK motorcycles delivers its products in France and in all countries of the European Union and in any country.
￼The products are shipped with the delivery at the shipping address provided by the customer when ordering. Delivery can not be made either in hotels or PO boxes. Delivery times indicated on the website are target dates, corresponding to the average processing time and delivery. So that these deadlines are respected, the Customer must ensure that you have provided accurate and complete information about the delivery address (such as including: street number, building, stairs, access codes , names and / or interphone numbers, etc.).
In case of delay in delivery of more than 7 working days, if the product has not been shipped, the Customer may terminate the order by registered letter with acknowledgment of receipt and request a refund of his order.
If the item was shipped before receiving the order cancellation for late delivery of more than 7 working days, BAAK motorcycles will refund the item and shipping charges and return to reception one, complete in its original condition and with all tags and notices.
BAAK motorcycles agrees to notify the Customer of the evolution of the process the order as soon as it changes.
If damaged / incorrect parcel (already opened, missing products …), the Customer agrees to notify the carrier and BAAK motorcycles, by any means, any reservations within 3 days after receipt of the product. After 3 days, BAAK motorcycles responsibility could not be committed.
BAAK motorcycles can not be held responsible for the consequences of a shipping delay is not of his making. BAAK motorcycles will do its best, beyond the possible limits, to solve the issue of a shipping delay.
You can use your own carrier, you just need to inform us before confirming your order. However, Baak Motorcycle will not be responsible for any damage or loss happening on the items during transport. It's your own responsibility committed from the pick-up of the parcel at our workshop.
Full payment must be made when ordering. At no time payments can not be considered as a deposit or installments. Customers can pay their order by credit card (Visa, Eurocard / Mastercard) or Paypal in accordance with the provisions of this Article.
For all transactions, the Customer will indicate the number on the front of the card, the expiration date of the card and security code on the back of his card (last three digits).
The communication by the Customer of its credit card authorization is BAAK motorcycles to debit his account by the amount of the order.
No sending in against-refunding will be accepted, whatever the reason.
BAAK motorcycles retains ownership of the article until full payment by the Customer. Purchases are made securely. Payment solutions adopted by BAAK motorcycles are 100% secure. For payments by credit card (credit card, credit card visa and blue e-card), all the information that customers communicate to BAAK motorcycles are strictly protected and guarantee the accuracy and security of each transaction.
8. EXCHANGES AND RETURNS PRODUCT (S) RIGHT OF WITHDRAWAL
Within fourteen (14) days from receipt of the order, the Customer may request BAAK motorcycles return or exchange (or) product (s) and use his right of withdrawal.
To do this, the Customer must first request a return by email. If the return request is validated by BAAK motorcycles, the return is at the customer charge, all is at the risk of the Customer. The Product must be returned within one (1) week after the Return validation, in its original packaging, in its original condition, new, unused, with the mention that it’s a RETURN parcel to the following address:
BAAK Motocyclettes 19 rue Chinard 69009 LYON, France
If the item is not returned by the Customer within one (1) week after receipt of the postage label, the return is considered canceled and the Customer must keep the product. The returned product will be refunded within a maximum of fourteen (14) days of its receipt by BAAK motorcycles, a credit amount to be repaid to the bank account of the Customer.
The return shipping costs are the Customer charge unless BAAK motorcycles delivered a damaged or different product from the item ordered.
The non-compliance by the Customer of these conditions, including conditions for return or exchange BAAK motorcycles will not make the refund of products concerned.
BAAK motorcycles won’t be able to apply the legal 2 years warranty over the parts that were not assembled by a professional mechanic on the vehicle. BAAK motorcycles won’t accept any Products return or exchange from customers that have a Professional account on www.baakmotocyclettes.com, unless the product is ineffective.
Refund and exchange are forbidden for custom items tailor-made for you such as custom painting, custom accessory, custom seat.
9.WARRANTIES AND LIABILITY
BAAK motorcycles has for all stages of accessing the site, the ordering process for shipment of the parcel or subsequent services, an obligation of means. Responsibility for BAAK motorcycles can not be held for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses, or any event of force majeure, in accordance the law and jurisprudence.
10. INTELLECTUAL PROPERTY
In no case the Customer is authorized to download or modify all or part of the Site and its contents (listed products, descriptions, images, videos …).
￼Ce Site or any portion of this Site shall in no case be reproduced, copied, sold or exploited for commercial purposes without the express written permission of BAAK motorcycles.
In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site, will remain the full property of BAAK motorcycles.
The Customer is required to respect intellectual property rights and will use any marks appearing on the Site and the Products if any, or deposit marks that would prejudice the rights holder, unless otherwise provided by contract. It is the same for any other intellectual property.
11. DATA AND FREEDOM
BAAK motorcycles agrees not to use confidential information of clients in connection with the operation of the Site.
For the success of the order, the collected personal data will be processed by computer, the Customer acknowledges having knowledge. As such, the information may be disclosed regarding the technical providers BAAK motorcycles.
Furthermore, BAAK motorcycles can apply technical means to obtain non-personal information about users and to improve the functionality of the site, for example by plotting the number of visitors to certain pages. According to the law of January 6, 1978 as amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data contained on motorcycles in BAAK files. All requests must be sent by email to: firstname.lastname@example.org or by mail at the following address: BAAK Motocyclettes 21 avenue Joannès Hubert 69160 TASSIN LA DEMI LUNE (France).
This data processing has been declared to the Commission Nationale Informatique et Libertés (CNIL), which issued the receipt No. 1651917.
12. FORCE MAJEURE
Upon the occurrence of an event of force majeure, the party must notify the other within fifteen (15) days from the occurrence of the event, by registered letter with acknowledgment of receipt.
Explicitly, are considered as cases of force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence over the French courts, total or partial strikes, lockouts, riots, boycotts or actions ￼autres industrial or commercial litigation, civil disturbance, insurrection, war, bad weather, epidemics, blockage of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, changes legal or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired and wireless telecommunications networks, and other independent if the will of the parties preventing normal execution of the contractual relationship.
All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned shall be automatically terminated without compensation for either party.
13. GENERAL PROVISIONS
13.1. Partial invalidity of a clause
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, it shall be declared unwritten and does not invalidate the other provisions.
These general conditions can be modified at any time without notice by BAAK motorcycles, the applicable conditions are those in effect on the date of the order by the Customer.
These terms and conditions are available permanently at the following address: http://blog.baakmotocyclettes.com/en/tc-sale/ in a computer format suitable for printing and / or downloading, so that the Customer to reproduce them or save them.
13.3. Applicable law – Jurisdiction
These general conditions are subject to French law regarding the substantive rules as the rules of form. Any dispute will be subject to a prior attempt amicable settlement. In the absence of an amicable settlement, jurisdiction is given to the French courts competent, despite multiple defendants or warranty.
13.4. : Reproduction of the relevant texts (2005-136 order of 17 February 2005, the Consumer Code, Civil Code)
Art. L. 211-4. of the Consumer Code The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under its responsibility.
￼Art. L. 211-5. of the Consumer Code
– To comply with the contract, the product must:
Be suitable for the purpose usually of a similar property and, where applicable: – Correspond to the description given by the seller and possess the qualities that he has presented to the Client as a sample or model;
– The features that a customer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the Customer made known to the seller and the latter accepted.
Art. L. 211-12. of the Consumer Code The action resulting from lack of conformity lapses two years after delivery of the goods.
Art. 1641 of the Civil Code
The seller is obliged to guarantee against hidden defects of the thing sold which render it unfit for the use for which it was intended, or so diminish this use, the Customer would not have acquired it, or would have paid a lower price if he had known.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.