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
35 rue Ponchardier
42100 Saint-Étienne, FRANCE
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.
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
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.
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.
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.
To place an order on the Site, the Buyer must follow these steps:
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
The Products are covered by:
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:
In any case, the legal guarantees do not cover:
The mandatory legal provisions are set out in Appendix 1.
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.
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.
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.
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.
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: email@example.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.
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.
For more information on cookies and other tracking devices, you can consult the following page: www.probikeshop.com/static/cookies.html
You can manage these cookies and other tracking devices by consulting the "Cookies" section by clicking on the following link: www.youronlinechoices.com
For more information the Buyer can contact PROBIKESHOP Customer Service:
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.
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:
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.
"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.”
"The product conforms to the contract:
"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".
"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”.
"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.
"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.
"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:
However, the sale may not be cancelled if the lack of conformity is minor”.
"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”.
"The action resulting from the lack of conformity shall be cancelled after two years from the date of delivery of the goods".
"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".
"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".
"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".
"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”.
"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".
"The seller is not bound by any apparent defects which the buyer believes to exist".
"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".
"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".
"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.
"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".
"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".
"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.
"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".
(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(*):
Customer(s) signature (only if this form is on paper):
(*) Delete as appropriate.