For more information about our Terms and Conditions, please get in touch with our team at contact@baakmotocyclettes.com
1. PURPOSE
These general conditions of sale is to define the rights and obligations of the Customer BAAK France and products presented by BAAK France www.baakmotocyclettes.com on its website (the “Site”). They apply exclusively between the company BAAK France - 404 chemin du champ de Lière - 69140 RILLIEUX-LA-PAPE - France - SIRET 92502106500014 - TVA FR04925021065 (hereinafter “BAAK France”) and any individual consumers visiting or making a purchase via said Site (hereinafter “the Client”).
On the Site, BAAK France 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 France 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 France and with discussion.
2.2. Products offered by BAAK France 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 France 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.CUSTOMER OBLIGATIONS
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 France 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 France 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.ORDER
4.1. All orders will be confirmed after acceptance of payment.
4.2. BAAK France reserves the right to cancel or refuse an order in case of dispute with the Client on a previous order.
4.3. BAAK France 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 France, products are unavailable, BAAK France 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 France, nor does not open any right to compensation or damages for the Client.
5.PRICES
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.DELIVERY
6.1. BAAK France 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 France will refund the item and shipping charges and return to reception one, complete in its original condition and with all tags and notices.
BAAK France 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 France, by any means, any reservations within 3 days after receipt of the product. After 3 days, BAAK France responsibility could not be committed.
BAAK France can not be held responsible for the consequences of a shipping delay is not of his making. BAAK France 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 France 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.
7.PAYMENT
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 France to debit his account by the amount of the order.
No sending in against-refunding will be accepted, whatever the reason.
BAAK France retains ownership of the article until full payment by the Customer. Purchases are made securely. Payment solutions adopted by BAAK France 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 France 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 his order, the Customer may request from BAAK France the return of the Product(s) and thus exercise his right of withdrawal. To do this, the Customer must first make a return request by e-mail. If the return request is validated by BAAK France, the return is the responsibility of the customer, everything is done at the Customer's risk. The Product must be returned within one week after validation of the return request, in its original packaging, in its original condition, new, unused, with the mention RETURN on the package, to the following address:
BAAK France - 404 chemin du champ de Lière - 69140 RILLIEUX-LA-PAPE - France
BAAK France warns that the majority of items sold are made to order and that in this condition, they are neither exchangeable nor refundable.
The returned Product will be refunded via a discount voucher to be spent at BAAK France within one year. This credit will be accessible via an advantage code to be entered when placing a new order. This credit can be used several times until exhausted.
Return costs are the responsibility of the Customer, unless BAAK France has delivered a product damaged before shipping or different from the item ordered. If the Customer fails to comply with these conditions, in particular the return or exchange conditions, BAAK France will not be able to reimburse the Products concerned.
BAAK France accepts item exchanges. It must be returned by the Customer, the creation of a reduction voucher for the value of the product to be exchanged (excluding transport costs) by BAAK France and a new order by the Customer.
BAAK France does not accept any modification of orders once payment has been accepted, nor returns or exchanges of accessories ordered from its customers with a Professional account on www.baakmotocyclettes.com, unless the accessory received is failing.
No refund or exchange will be possible for any personalized product with our BAAK Exception service (custom paint, custom motorcycle accessories, custom saddle).
9.WARRANTIES AND LIABILITY
BAAK France 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 France 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.
BAAK France cannot apply a 2-year legal guarantee on products whose assembly has not been entrusted to a professional mechanic.
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 France.
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 France.
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 France 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 France.
Furthermore, BAAK France 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: contact@baakmotocyclettes.com or by mail at the following address: BAAK France - 404 chemin du champ de Lière - 69140 RILLIEUX-LA-PAPE - France
This data processing has been declared to the Commission Nationale Informatique et Libertés (CNIL), which issued the receipt No. 1651917.
12. ABSOLUTE NECESSITY
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.
13.2. Updating
These general conditions can be modified at any time without notice by BAAK France, 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.