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Terms & Conditions

  • 1. Company identity

    DOLPHIN France, operating under the PROBIKESHOP
    simplified joint-stock company brand with a capital of 226,000 euros
    Head office: 35 rue Ponchardier, 42100 Saint-Étienne
    408 364 644 R.C.S SAINT-ÉTIENNE

     

    SITE MANAGEMENT / ORDERS
    PROBIKESHOP
    35 rue Ponchardier
    42100 Saint-Étienne, FRANCE

  • 2. Purpose

    These general terms and conditions of sale (hereinafter referred to as the "GTCS") regulate the terms and conditions of sale of all products by DOLPHIN France (hereinafter referred to as "PROBIKESHOP") on its website www.probikeshop.com (hereinafter referred to as the "Site"), to any adult consumer, as defined by the introductory article of the Consumer Code, as well as any legal capacity and also residing in the following geographical territories: Metropolitan France, Corsica, French overseas departments and territories, Member States of the European Union (hereinafter referred to as the "BUYER").

     

    PROBIKESHOP reserves the right to modify the GTCS at any time. These modifications are immediately enforceable as soon as they have been put online and cannot apply to previously concluded contracts. A copy of the GTCS applicable on the date of the order is available upon request of the Buyer.

    Any order of a Product on sale on the Site implies full and complete acceptance of the GTCS. The Buyer confirms that they have read the GTCS prior to making their order, by ticking the corresponding check box when placing the order.

  • 3. Preconditions for any on-site purchase

    Prior to any purchase on the Site, the Buyer must create an account by completing the account creation form with the following information (mandatory information is indicated with an asterisk): title*, first name*, last name*, date of birth*, email address*, password*, type, delivery address*, telephone number*.

    The Buyer can also order Products using a Paypal account. Paypal account registration conditions are available at the following link www.paypal.com

  • 4. Products

    4.1 Product Characteristics - Availability

    In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an order, consult the essential characteristics of the Product(s) that they wish to order on the Site.

    Finalising the order guarantees the immediate availability of the Product for delivery under the conditions of article 7 of the GTCS.

    In the event that a Product is unavailable, the Buyer will be informed before their order is shipped.

     

    4.2. Product selection

    The Buyer must be aware of the Products and their characteristics. The Buyer is solely responsible for the products that they choose to match their needs.

    In particular, PROBIKESHOP cannot be held liable in the event of incompatibility across the Products ordered and the products used by the Buyer, the latter being the only incidence in which one could judge the compatibility of the Products ordered with those already used.

     

    4.3. Information on the availability of spare parts as defined in Article L. 111-3 of the Consumer Code

    Given that, PROBIKESHOP is a reseller of spare parts, it is not required to indicate the duration of availability of these parts, which do not fall within the scope of Article L. 111-3 of the Consumer Code.

    For other Products that themselves contain spare parts (i.e. cycles) (the "Complex Products"), unless otherwise indicated in the product description, no spare parts essential for their use are made available by the manufacturers.

    However, PROBIKESHOP guarantees that spare parts compatible with the Complex Products are available on the Site for a period of two (2) years from the date the product is put online.

  • 5. Order

    To place an order on the Site, the Buyer must follow these steps:

    1. Product Selection: among the different categories of Products offered on the Site (frames, wheels, derailleurs, etc.), the Buyer selects one or several Products that they intend to order by clicking on the "ADD TO BASKET" icon.
    2. Validation of the basket: the Buyer then clicks on "VIEW MY BASKET". They must then check that the prices, sizes and quantities of the Products appearing in the summary of the order, the "BASKET", correspond to what they wish to order.
    3. Buyer identification: to identify themself, the Buyer must enter their account identifier and password, create a customer account on the Site in accordance with Article 3 of the GTCS or enter their Paypal account details.
    4. Choice of delivery method: the Buyer selects the delivery method proposed by PROBIKESHOP.
    5. Finalising the order: the Buyer clicks on the "FINALISE MY ORDER” button and then on the "VALIDATE AND PAY FOR MY ORDER" button. By clicking on this button, the Buyer is reminded of the price to be paid.
    6. Accepting the GTCS: the Buyer reads the GTCS and accepts them by ticking the corresponding check box to proceed to payment.
    7. Payment: The Buyer then chooses the currency (euros or Swiss francs), the method of payment and then proceeds to the payment of the order under the conditions defined in Article 6.2 of the GTCS. The order is placed as soon as the Buyer has confirmed the payment. When paying by credit card, bank details are not collected by PROBIKESHOP but by the financial institution Ingenico.
    8. Order confirmation: PROBIKESHOP confirms the Buyer's order by sending an e-mail of the order summary.

    This document is proof of the order. The Buyer must keep this order as proof of purchase.

    The invoice is also made available to the Buyer on their customer account once their order has been shipped.

  • 6. Prices and terms of payment

    6.1. Applicable price

    The sale price of the Products applicable on the Site is the price in force on the day the Buyer finalises their order. It is indicated in euros or Swiss francs, all taxes included. Any change in the applicable tax rate will automatically be reflected in the price of the Products sold by PROBIKESHOP.

    By exception, the sale of the Products to the French overseas departments and territories excludes taxes. VAT and other applicable taxes in these departments will be charged by the carrier upon delivery of the ordered goods to the Buyer.

    The sale price of the Products may be modified by PROBIKESHOP at any time and will be made applicable to any order placed after these modifications, meaning that the previous price cannot be claimed by the Buyer.

    Unless otherwise indicated, the price of the Products does not include shipping costs.

    You can view the delivery charges applicable to your order by consulting the page dedicated to delivery methods and charges. Click here to go to this page: www.probikeshop.com/static/shipping.html.

    Delivery costs are indicated before the confirmation of the order, in accordance with Article 4 of the GTCS and are invoiced to the Buyer in addition to the price of the Products.

     

    6.2 Methods of Payment

    All orders are payable in euros or Swiss francs.

    The price is payable in full on the day that the Buyer places the order. Any incomplete payment not corresponding to the amount of the purchase will result in the cancellation of the order.

    You can consult the available payment methods by clicking on the following link www.probikeshop.com/static/payment.html

    The collection of the total amount of the order will be carried out by PROBIKESHOP once the order is shipped, with the exception of orders placed "against refund", namely by direct payment to the carrier on the delivery date of the Products.

    For orders paid by bank transfer, the order will be automatically cancelled if the payment is not received within four (4) days of the order placement.

    When paying by card, the Buyer's account is debited on the day the order is shipped.

    The Buyer may also pay for their order in 3 or 4 instalments free of charge via Cetelem under the conditions defined in Article 14 of the GTCS.

    The Buyer guarantees to PROBIKESHOP that they are authorised to use the chosen payment method, upon placing the order.

    PROBIKESHOP reserves the right to suspend or cancel the current order and/or delivery, whatever its nature or progress, in the event of non-payment of the amount due by the Buyer, or in the event of a payment irregularity.

    In the event of suspected fraud, PROBIKESHOP reserves the right to request any proof of identity from the Buyer, to carry out any appropriate verification and/or to have the payment made by bank transfer, making the execution of the order subject to the fulfilment of these conditions.

  • 7. Delivery and receipt

    7.1 General Regulations

    The Products will be delivered to the address indicated by the Buyer at the time of order.

    The Buyer can choose to have their order delivered directly to their door or to a network of pick up points.

     

    7.2. Delivery times

    Delivery times depend on the transport mode chosen by the Buyer when placing their order.

    You can consult the delivery times applicable to your order by visiting the Delivery Methods and Costs page. To access this page click here www.probikeshop.com/static/shipping.html.

    PROBIKESHOP undertakes to respect the indicated delivery times, in accordance with Article L. 216-1 of the Consumer Code.

    Under Article L. 216-2 of the Consumer Code, in the event of Probikeshop's failure to fulfil its obligation to deliver the goods on the date or at the end of the period provided for in the first paragraph of Article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract. The consumer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having instructed Probikeshop, under the same conditions, to make the delivery within a reasonable additional period, the order has not been delivered within that period.

    The contract will be considered terminated upon Probikeshop's receipt of the letter or written notice of such termination, unless Probikeshop has made this delivery before then.

    The consumer may immediately terminate the contract when Probikeshop refuses to deliver the goods or when it fails to fulfil its obligation to deliver the goods on the date or at the end of the period provided for in the first paragraph of Article L. 216-1 and when that date or period is an essential condition of the contract for the consumer.

    This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer before the conclusion of the contract.

     

    7.3. Receipt

    If the package arrives damaged, opened or dirty, it is advisable to not accept it and to indicate the reasons why on the delivery note. The incident must also be reported to PROBIKESHOP as soon as possible by contacting Customer Services.

  • 8. Right to cancel

    8.1 Cancellation period

    Under Article L. 221-18 et seq. of the Consumer Code, the Buyer is entitled to exercise their right to cancel allowing them to return the ordered Products without having to justify a reason. The Buyer can exercise this right for a period of fourteen (14) days from the date of receipt of their order.

    PROBIKESHOP has extended the cancellation period from fourteen (14) to thirty (30) days. Please note that the conditions for exercising the right to cancel during the thirty (30) day period are identical to those applicable during the legal period of fourteen (14) days.

    The conditions for exercising the right to cancel are defined below.

     

    8.2 Exercising the right to cancel

    To exercise their right to cancel, the Buyer must inform PROBIKESHOP of their decision to cancel, before the expiry date of the period provided for in Article 8.1. of the GTCS. They can inform PROBIKESHOP by any means. Their decision to withdraw must be unambiguous. They may also send a completed version of the standard withdrawal form, found in Appendix 2 of the GTCS, either by post or electronically.

     

    8.3 Return terms and costs

    The Products must be returned to PROBIKESHOP in their original condition, perfect for resale, and along with the receipt or the Buyer's contact details and full order references.

    No other documents are required for the Buyer to exercise their right to cancel their order.

    Cancelled orders must be returned to the following address: Probikeshop - Eprolog, 135 rue Marcel Mérieux, 69970 CHAPONNAY, France.

    The buyer is responsible for all return costs. A flat-rate amount of 2(€) euros is invoiced to the buyer when they return orders in the following countries: Metropolitan France, Spain, Italy, Portugal, Germany.

    For all other countries including the French Overseas Departments and Territories, the buyer is responsible for all return costs.

    Any incomplete, destroyed or damaged Products affecting the normal marketing of the Product, will not be refunded.

    The Buyer is liable for any issues that may occur with the return of the Product.

    The Buyer must return the Products to PROBIKESHOP within a maximum period of fourteen (14) days from the date that they communicated their decision to exercise their right to cancel.

     

    8.4 Time limits and repayment terms

    The Buyer will be refunded upon exercising their right to cancel an order. The Buyer will be refunded by the means used when making the purchase, with the exception of "cash on delivery" payments, which will be refunded by bank transfer once the Buyer has provided PROBIKESHOP with their bank details (IBAN and BIC).

    The refund will be made no later than fourteen (14) days after the date that PROBIKESHOP was informed of the Buyer's decision to cancel.

  • 9. Warranty

    The Products are covered by:

    • the legal warranty of conformity,
    • the legal warranty against hidden defects resulting from a defect in material, design or manufacturing affecting the delivered Products and rendering them unfit for use,
    • the Manufacturer's warranty, depending on the Products and brands concerned.
     

    9.1 Legal warranties

    In accordance with Articles L. 217-4 to L. 217-14 of the Consumer Code, PROBIKESHOP ensures the conformity of the Products sold on the Site.

    When implementing the legal warranty of conformity, the Buyer:

    • has a period of two (2) years to act from the delivery of the product;
    • may choose between repairing or replacing the goods, provided that this choice does not require a cost that is manifestly disproportionate to the other method for PROBIKESHOP, taking into account the value of the product or the significance of the defect. In this case, PROBIKESHOP will be required to proceed, unless impossible, according to the method not chosen by the Buyer.
    • the legal warranty of conformity applies independently of any granted commercial warranty.
    • the Buyer may decide to implement the warranty against hidden defects of the sold product under Article 1641 of the Civil Code. In this case, they may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
    • Any warranty is excluded in the event of the Buyer's misuse, negligence or lack of maintenance of the product, such as normal wear and tear of the goods, accidents or force majeure. PROBIKESHOP's warranty is limited to the replacement or refund of non-conforming products or damaged products.

    In any case, the legal guarantees do not cover:

    • the replacement of consumables,
    • abnormal and non-conforming use of the Products,
    • defects and their consequences due to abnormal intervention by the Buyer or modification of the product by a third party (such as repair),
    • defects and their consequences related to the use of product when the use does not conform to the intended use of the Product (professional, collective use, etc.).

    The mandatory legal provisions are set out in Appendix 1.

     

    9.2 Manufacturer warranties

    The scope of the manufacturer's warranties varies according to the Products and brands concerned and they are available on the product data sheets on the Site.

    Any warranty therefore excludes cases of misuse, negligence or poor maintenance by the Purchaser, such as normal wear and tear, an accident as well as cases of force majeure.

    In the event that the instructions are not delivered with the Product, at the Buyer's simple request, PROBIKESHOP will either send the instructions directly to the Buyer or provide them with a link where they can be accessed.

    The Product under warranty will be either exchanged or repaired depending on what the manufacturer sees fit.

     

    9.3 Implementing warranties

    In the event of delivery of a Product that does not correspond to the order (damaged or non-compliant), complaints must be sent as soon as possible to PROBIKESHOP's Customer Services (hereinafter referred to as "Customer Services"), under the methods defined in Article 13 of the GTCS.

    For any complaint, the Buyer must send PROBIKESHOP their contact details, the Product details and any information justifying the subject of their complaint. In doing so, PROBIKESHOP may also ask the Buyer to send through any necessary photographs and explanations to speed up the processing of their complaint.

    To help with the speed and efficiency of complaint processing, the Buyer will be assigned a return number.

    In the event that a Product is returned without prior allocation of a return number, PROBIKESHOP cannot guarantee rapid processing of the claim.

    The Product must be returned in its original condition and, if possible, in its original packaging, even if partially altered, with all its accessories, if any. Any additional elements allowing the complaint to be processed quickly must also be attached in the return parcel. In the event of Product depreciation resulting from any inappropriate handling of the product for its purpose, characteristics and proper functioning, PROBIKESHOP reserves the right to make any reservations on the claim.

    PROBIKESHOP is responsible for the costs of returning the non-conforming Product, except in the case where the returned or exchanged Product does not correspond to the original declaration made by the Buyer.

  • 10. Liability

    The Products offered by PROBIKESHOP comply with current French legislation.

    In accordance with Article L. 221-15 of the Consumer Code, PROBIKESHOP cannot be held liable for the non-performance of the contract when it is due to the Buyer's actions, fortuitous reasons or in the event of force majeure as defined in Article 1218 of the Civil Code.

    The Site also contains information from third parties, and links to other websites. PROBIKESHOP shall under no circumstances be liable for any damages resulting from the use of, access to, or inability to use such third-party information, or the content of other websites.

  • 11. Intellectual property

    The content of the Site, the GTCS, the photographs, the layouts and the info-graphics is the property of PROBIKESHOP and and is protected by the French and international laws on intellectual property.

    Any full or partial reproduction of that content is strictly prohibited and may constitute an infringement of those laws.

  • 12. Protection of personal data

    12.1 General remarks

    PROBIKESHOP, as a data controller, sees the protection and respect of your privacy as extremely important. As such, they are committed to maintaining the security and confidentiality of your personal data.

    By creating an online account, you are required to provide us with your personal details.

    The information collected is subject to computer processing and is intended solely for the management of your orders, the performance of statistical studies and quality monitoring of the PROBIKESHOP service, the promotion of targeted offers by PROBIKESHOP, the sending of e-mail alerts (to keep you informed about the availability of products or news that may be of interest to you), newsletters and PROBIKESHOP information (you can choose to receive offers from our company by e-mail).

    The personal data collected are as follows: title*, surname*, first name*, email address*, postal address*, telephone number*, password*, date of birth * (Information marked with an asterisk is mandatory).

    Collecting this data is necessary in order to open an account and purchase any Product. The legal basis for the processing of this data is therefore the execution of a contract that you are a party of or the execution of pre-contractual measures taken at your request. If you do not provide the required information, your request will not be processed.

    The data collected on the Site are therefore exclusively intended for PROBIKESHOP's own use. They may be transmitted to persons acting under the PROBIKESHOP authority and instructions, used for the running of PROBIKESHOP, particularly in connection with the execution of services and orders (especially management, execution, processing and payment).

    None of the personal data collected from the Site is communicated or transferred to third parties for commercial purposes.

    Your personal data collected are not kept for any longer than necessary with regard to the purposes for which they were collected. The period of time that your personal data is kept also enables PROBIKESHOP to strictly and solely comply with its legal obligations.

    In accordance with the French Data Protection Act dated 6 January 1978 and the European Regulation on data protection dated 27 April 2016, you have the right to access, question and rectify, delete, or limit any personal data concerning you.

    You have the right to object to the processing of your personal data for legitimate reasons, as well as the right to object to the use of your personal data for commercial prospecting purposes.

    You also have the right to withdraw consent for processing operations that are based exclusively on your consent.

    In addition to this you have the right to inform the controller of your instructions when handling your personal data. By contacting the E-mail address: privacy@probikeshop.com

    Finally, you have the possibility to request that your personal data is exported to a third party when you consent to the collection of your personal data or when your personal data has been collected as part of the performance of a contract.

    You also have the possibility to file a complaint through the CNIL (National commission for information technology and civil liberties), the supervisory authority responsible for data protection.

     

    12.2. Newsletter and SMS campaign

    You can unsubscribe from our newsletters and SMS campaign at any time via a link at the end of each newsletter and by replying "STOP SMS" to the number indicated in the SMS. You can also change the Newsletter and SMS campaign settings on your personal PROBIKESHOP account at any time. Your personal data related to the sending of newsletters and exclusively for this purpose will be deactivated.

     

    12.3. Cookies and other tracking devices

    If you wish to browse the Site, cookies and other tracking devices will be placed on your browser. The Site uses cookies and other tracking devices to help you navigate the Website, to analyse the navigation and to offer you targeted advertising tailored to your needs.

    For more information on cookies and other tracking devices, you can consult the following page: www.probikeshop.com/static/cookies.html

    By continuing to browse on this Site, you accept the use of cookies and other tracking devices.

    You can manage these cookies and other tracking devices by consulting the "Cookies" section by clicking on the following link: www.youronlinechoices.com

  • 13. Customer service and order tracking

    For more information the Buyer can contact PROBIKESHOP Customer Service:

  • 14. Cetelem General Sale Conditions

    Any loan that you take out must be repaid. Check your ability to pay back the loan before you take it out.

    To benefit from the payment method that allows you to pay in several instalments, the following steps must be followed:

    1. Choose Cetelem Presto when choosing the payment method, in accordance with Article X of the GTCS. For any purchase from €300 to €16,000, it is possible to simulate the monthly payments of your credit on the Product data sheets.
    2. Click on the credit best suited to your desires and budget: possibility of repayment in 5, 10 and 20 months without any charges from €300 to €16,000, or in 30 months on credit from €450 to €16,000.
      The monthly cost of optional insurance (Death, Total and Irreversible Loss of Autonomy, Sickness-Accident), taken out with Cardif Assurance Vie [Cardif Life Insurance] and Cardif Assurances Risques Divers [Cardiff Insurance for Accidents and Miscellaneous Risk], is €2 and is added to the monthly payment amount in the above example. The total cost of this optional insurance will be €20 per €1,000 borrowed. The effective annual rate of this insurance will be 4.77%.
      Example excluding optional insurance: for a purchase and an ancillary credit for a sale of €500 over 10 months at a fixed Annual Percentage Rate of 0%, you repay 10 monthly instalments of €50, total amount due (by the borrower): €500. The cost of the credit (fixed APR 7.90%, fixed borrowing rate 7.63%, interest: 18€) is covered by PROBIKESHOP.
    3. Complete your application for ancillary credit for an online sale and receive an immediate policy response. For purchases under €1,500, request express delivery for your order by signing an online payment facility offer in 2 instalments (subject to the eligibility of your file) and your order will be confirmed immediately. Upon receipt of your ancillary credit agreement for a sale, return it signed with the supporting documents attached within 15 days.
      Failing this, or in the event of refusal of your request for ancillary credit for a sale after definitive study, your order will be paid by debiting your bank account in two instalments. In the latter case, a flat-rate contribution will be deducted from the first of the 2 direct debits up to a maximum of: €0.70 for a credit purchase between €300 and €599.99, €1.40 for a credit purchase between €600 and €999.99 and €2.40 for a purchase between €1,000 and €1,500.

    The credit is established subject to review and acceptance of the file by BNP Paribas Personal Finance.

    You have a right to cancel your credit for a period of fourteen (14) days from the day of acceptance of the credit agreement offer. To exercise your right to cancel, you can send a simple letter to Cetelem, a dedicated brand of the BNP Paribas Personal Finance group, 1 boulevard Haussmann 75009 Paris, a public limited company with a capital of €529,548,810, 542,097,902 Paris RCS [Paris Trade and Companies Register]. ORIAS NUMBER: 07 023 128 www.orias.fr).

    Advertising disseminated by DOLPHIN France, operating under the PROBIKESHOP brand, Head Office: 35 rue Ponchardier, 42100 Saint Étienne, 408 364 644 R.C.S SAINT Étienne as a non-exclusive credit intermediary of BNP Paribas Personal Finance. PROBIKESHOP supports the execution of credit operations without acting as a lender.

  • 15. Applicable law - Dispute resolution - Mediation

    15.1. Applicable law

    The contracts for the sale of Products concluded on the Site between any Buyer and PROBIKESHOP are subject to French law.

    Nevertheless, in accordance with Article 6.2 of the European Regulation known as "Rome 1", the Buyer may, in any event, benefit from the application of mandatory consumer protection provisions applicable in their country of residence, which would be more favourable to them.

    15.2 Dispute resolution and mediation

    In the event of a complaint, the Buyer may contact Customer Services under the conditions detailed in Article 13 of the GTCS.

    In the event of failure of the complaint request to Customer Services or in the absence of a response from this service, the Buyer may submit the dispute to Médicys, the mediator that PROBIKESHOP belongs to, who will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.

    If necessary, the Buyer may contact Médicys, according to the following three options:

    • by filling in the form available on the following website:www.medicys-conso.fr ; or
    • by email to the following address: contact@medicys.fr
    • by mail to the following address: Médicys 73 Boulevard de Clichy 75009 Paris

    The parties to the contract remain free to accept or refuse the use of mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

    The Buyer may also submit any complaints via the European Commission’s Online Dispute Resolution Platform at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Buyer's complaint to the competent national mediators.

    If the dispute continues, the Buyer may bring the matter before the competent courts.

  • Version of the Probikeshop General Terms and Conditions of Sale on 02 December 2019.

  • Appendix 1: Reminder of the texts governing legal warranties

    Article L. 217-4 Of the Consumer Code

    "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

    They shall also be liable for any lack of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to them by the contract or has been carried out under their responsibility.”

     

    Article L. 217-5 of the Consumer Code

    "The product conforms to the contract:

    1. if it is specific to the use normally expected of a similar product and, if so:
      • if it corresponds to the description provided by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
      • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, in particular through advertising or labelling;
    2. or if it has the characteristics defined by a mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted".
     

    Article L. 217-6 of the Consumer Code

    "The seller is not bound by the public statements of the manufacturer or their representative if it is determined that were not aware of them and was in no position to be able to know about them".

     

    Article L. 217-7 of the Consumer Code

    "Lack of conformity which becomes apparent within 24 months of the delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set to six months.

    The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity”.

     

    Article L. 217-8 of the Consumer Code

    "The buyer is entitled to demand that the goods comply with the contract. However, they cannot contest the conformity by invoking a defect that they knew about or couldn't possibly have ignored when they received it. The same shall apply when the defect is found in the materials that they themselves supplied.

     

    Article L. 217-9 of the Consumer Code

    "In the event of lack of conformity, the buyer shall choose between repair or replacement of the goods.

    However, the seller may not proceed according to the buyer's choice if this choice comes at a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. They are then required to proceed, unless impossible, according to the method not chosen by the buyer.

     

    Article L. 217-10 of the Consumer Code

    "If repair and replacement of the product is not possible, the buyer may return the product and be reimbursed or keep the product and be partially reimbursed.

    The same option is open to them:

    • if the requested solution, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
    • Or if this solution cannot be conveniently carried out for the buyer given the nature of the product and its use.

    However, the sale may not be cancelled if the lack of conformity is minor”.

     

    Article L. 217-11 of the Consumer Code

    "The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer. These same provisions shall not prevent the granting of damages”.

     

    Article L. 217-12 of the Consumer Code

    "The action resulting from the lack of conformity shall be cancelled after two years from the date of delivery of the goods".

     

    Article L. 217-13 of the Consumer Code

    "The provisions of this section do not deprive the buyer of the right to exercise an action resulting from critical defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by law".

     

    Article L. 217-14 of the Consumer Code

    "The recourse action may be exercised by the final seller against successive sellers or middlemen and the manufacturer of the tangible movable property, in accordance with the principles of the Civil Code".

     

    Article L. 217-15 of the Consumer Code

    "The commercial warranty shall mean any contractual commitment by a trader to the consumer to reimburse the purchase price, to replace or repair the goods or to provide any other service in relation to the goods, in addition to their legal obligations to ensure the conformity of the goods.

    The commercial warranty is a written contract, a copy of which is given to the buyer.

    The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.

    In addition, it clearly and precisely mentions that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in Articles L. 217-4 to L. 217-12 as well as that relating to defects of the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

    The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract.

    In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it".

     

    Article L. 217-16 of the Consumer Code

    "When the buyer requests a repair covered by the warranty from the seller, during the course of the commercial warranty granted to them upon buying or repairing movable property, the warranty shall be frozen for at least seven days and shall be added to the remaining term of the warranty.

    This period shall run from the date of the buyer's request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention”.

     

    Article 1641 of the Civil Code

    "The seller is bound by the warranty on account of hidden defects in the item sold making it unfit for its intended use, or which reduce this use to such an extent that the buyer would not have bought it, or would have paid a much a lower price for it, if they had known about these defects".

     

    Article 1642 of the Civil Code

    "The seller is not bound by any apparent defects which the buyer believes to exist".

     

    Article 1642-1 of the Civil Code

    "The seller of a building to be constructed may not be relieved, either before the acceptance of the work or before the expiry of a period of one month after the buyer has taken possession of the building, of any construction defects or defects in conformity that then become apparent.

    There will be no need to terminate the contract or reduce the price if the seller agrees to repair the product".

     

    Article 1643 of the Civil Code

    "They are bound by hidden defects, even if they were not aware of them, unless, in this case, they have stipulated that they will not be bound by any warranty".

     

    Article 1644 of the Civil Code

    "In the case of articles 1641 and 1643, the buyer has the option of returning the item and being reimbursed, or of keeping the item and being partially reimbursed.

     

    Article 1645 of the Civil Code

    "If the seller was aware of the defects of the item, they shall be liable for all damages towards the buyer as well as the refund of the initial cost of the purchase".

     

    Article 1646 of the Civil Code

    "If the seller was unaware of the defects of the item, they shall only be liable for the refund of the initial cost of the purchase and reimbursing the buyer for the costs incurred by the sale".

     

    Article 1647 of the Civil Code

    "If the item that had defects does not work as a result of its poor quality, the loss falls at the feet of the seller, who shall be liable to refund the buyer for the price of the purchase and the other compensations explained in the two preceding articles.

    But the buyer will be liable for the loss occurring as a result of a fortuitous event.

     

    Article 1648 of the Civil Code

    "Any action resulting from the critical defects must be initiated by the purchaser within two years of the discovery of the defect.

    In the case provided for in Article 1642-1, the action must be initiated, under penalty of foreclosure, within one year of the date on which the seller may be relieved of apparent defects or lack of conformity".

  • Appendix 2: Standard withdrawal form

    (Please complete and return the form only if you wish to withdraw from the contract.)

    For the attention of DOLPHIN France, acting under the name PROBIKESHOP, L.L.C. with a capital of 226,000 euros, whose registered office is located at 35 rue Ponchardier, 42100 Saint-Étienne, registered under number 408 364 644 in the SAINT-ÉTIENNE R.C.S.

    I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following product(*)/or products(*):

    • Ordered on (*) / Received on (*):
    • Customer(s) name:
    • Customer(s) address:

    Customer(s) signature (only if this form is on paper):

    Date:

    (*) Delete as appropriate.

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