The society Sym Sport is a limited liability company with a share capital of 2,000.00 euros, whose head office is located at 18 rue Frederic Japy 25200 Montbeliard - France, registered in the Besançon Trade and Companies Register under number SIRET 505 270 611 000 47.
Sym Sport is a company specializing in distance selling, via its website “www.bjorka.fr” (hereinafter the “Site”), of cycling equipment (long-sleeved jersey, short-sleeved jerseys, gloves, glasses, urban cycling …).
Art. 1 - FIELD OF APPLICATION
These general conditions of sale apply, without restriction or reservation to all the products offered for sale by Sym Sport on its Site.
Consequently, the fact for a natural or legal person (hereinafter referred to as the "Customer"), to order on the Company's Site Sym Sport implies full and complete acceptance of these general conditions of sale. They are accessible at any time on this Site and the online version will prevail, where applicable, over any other version.
These general conditions of sale will remain in force until a new version is put online. This is why, before any order validation, the Customer must consult and validate the general conditions of sale.
Sym Sport reserves the right to adapt or modify these general conditions of sale at any time. In case of modification, the general conditions of sale in force on the day of the order will be applied to each order.
Art. 2 - OWNERSHIP
The Site, its content and all the elements constituting it, are creations for which Sym Sport and / or, where applicable, its partners, are holders of all intellectual property rights and / or exploitation rights, in particular under copyright, database law, trademarks, and design law.
The Site, as well as the software, databases, texts, information, analyzes, images, photographs, graphics, logos, sounds or any other data contained on the Site remain the exclusive property. Sym Sport or, where applicable, their respective owners with whom they have entered into user agreements.
The Customer is granted a non-exclusive, non-transferable and private right to use the Site and the data contained on the Site. The right thus granted consists of a right to consult online the data and information contained on the Site, and a reproduction right consisting of printing and / or saving the data and information consulted. This right of use is understood only for strictly private use.
Any other use of the Site, in particular commercial, by the Customer, is prohibited. The Customer in particular refrains, in a non-exhaustive manner, from reproducing and / or representing for any use other than private, selling, distributing, issuing, translating, adapting, disseminating and communicating, in whole or in part, in any form whatsoever, any element, information or data from the Site.
In addition, the Customer refrains from introducing, by any means whatsoever, data likely to modify or harm the content or presentation of the Site. Any hypertext link with the Site, regardless of the type of link, must be subject to prior authorization. Sym Sport, acting in the name and on behalf of the holder of the right concerned, on paper or electronically.
Art. 3 - PRODUCTS
The responsibility Sym Sport cannot be blamed for minimal variations which could have remained despite all the precautions taken in the representation of the products.
The majority of products offered to its Customers by Sym Sport are available in its warehouse. In the event of a remainder, the Customer will be notified, within forty-eight (48) hours, of the new delivery deadline.
Art. 4 - PRICES
The prices indicated on the Site are expressed in Euros and inclusive of all taxes.
They do not include transport costs, unless specified. Sym Sport reserves the right to modify these prices at any time. However, in the event of a revision, the selling prices applied will be those in effect at the time the order is placed.
The Björka Sales only take place twice a year, in summer and in winter. During these legal periods, you will find the products on sale here: Björka sunglasses and helmets, cycling clothing and equipment on sale.
Transport costs can be viewed at any time in the Customer's “basket” section.
The price indicated in the order confirmation by Sym Sport is the final price. The payment itself will not be considered final until the funds have actually been collected by Sym Sport.
Art. 5 - ORDERS
Any order form validated by the Customer by "double click" (validation of the order in two stages) constitutes an irrevocable acceptance of the sales contract which can only be called into question within the limits provided for in these general conditions of sale at title of "right of withdrawal" and "out of stock". The "double click" ordering procedure associated with the authentication procedure and the protection of the integrity of the messages constitutes the validation of the sales contract.
Sym Sport confirms the acceptance of his order to the Customer at the email address that the latter will have communicated.
Sym Sport reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The information provided by the Customer when placing the order commits the latter: in the event of an error in the wording of the recipient's contact details, Sym Sport cannot be held responsible for the impossibility in which it could be to deliver the product. Any product delivered to the address indicated by the Customer will be considered the correct delivery address.
In the event of a re-shipment due to a lack of information and / or error on the part of the Customer, the new delivery will be invoiced to the latter.
In case of error on the part of the company Sym Sport on the content of the Customer's order, the latter must contact customer service (SAV) before any return. The return will be, if necessary, taken care of by the company Sym Sport as part of a return in economy mode, and will be insured up to the value of the goods.
Art. 6 - PAYMENT OF THE PRICE
The price invoiced to the Customer is the price indicated on the order confirmation sent by Sym Sport. For deliveries outside mainland France, the Customer undertakes to pay, if applicable, all taxes due in this respect.
Sym Sport de facto disclaims all liability in the event that the Customer has not paid these taxes.
When ordering, payments are made:
Either by online bank card (Carte Bleue, VISA, Mastercard),
Either by Paypal,
The order validated by the Customer will not be considered effective until the payment has reached Sym Sport.
Furthermore, Sym Sport reserves the right to refuse any order from a customer with whom there is a dispute.
The information concerning the Customer's bank card is the subject of a secure transmission (128-bit SSL encryption) directly to the banking partner's Site. Sym Sport. They do not pass through the server Sym Sport. The latter only memorizes the payment method used.
Assuming Sym Sport would be considered responsible for damages related to an error in the amounts debited, Sym Sport may be exempt from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a force majeure.
Art. 7 - DELIVERY
Art. 7.1: Delivery times and methods. After confirming the order, Sym Sport undertakes to give his carrier all the references ordered by the Customer, and this within a maximum period of twenty-four (24) working hours, subject to availability of the article, and to inform the Customer thereof by email . The follow-up of the current delivery is also available on the Customer account.
forty-eight (48) and seventy-two (72) working hours by Colissimo (Monday to Saturday). All deliveries are made between eight (8) hours and fourteen (14) hours at the address indicated by the Customer. In the event of absence, the Customer is normally notified in the letterbox.
If the Customer chooses two (2) places of delivery, he places two (2) orders, the respective delivery costs for each of the orders being invoiced to him.
In the event of apparent defects, the Customer benefits from the right of return under the conditions provided below.
Art. 7.2: Reception. It is up to the person ensuring the physical receipt of the order to mention on the delivery slip, in a circumstantial, precise and detailed manner, all the reservations which appear to him to be relevant.
In the event of an anomaly, it will be advisable to inform customer service as soon as possible. Sym Sport and send any complaint to the carrier by registered letter with acknowledgment of receipt.
In the event of loss or deterioration of the products ordered, the carrier opens an investigation, which must be closed within a maximum period of fifteen (15) days.
Art. 7.3: Returns and exchanges for non-conformity or defective products. The Customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force.
The Customer has the legal period of 7 working days upon receipt to proceed with a request for an exchange, to have or to have the price returned, totally or partially in accordance with the provisions of article L.211-10 of the Code of the consumption.
In the event that the Customer refuses a delivery for non-conformity or defect of the products ordered, he is required to contact Björka customer service as soon as possible either by email at firstname.lastname@example.org, or by the intermediary of his account in the history of his orders, in order to determine the procedure applicable to his situation.
The return of a product will be at the expense of the Customer at the address: Sym Sport - 18 rue Frederic Japy 25200 Montbeliard - France (Fill out the form and follow the instructions)
The return is made at the risk of the Customer. The Product must be returned in its original packaging, in its original condition, new, unworn and unwashed.
In order to facilitate the processing of the request, it is advisable to add a letter to your package specifying the order number as well as the subject of the return.
Upon receipt of this package, in accordance with the agreement agreed with the Customer, Björka will proceed with the exchange, refund or credit.
All items must be returned with their accessories and / or instructions, and, as far as possible, in their original packaging.
At the most, returned items must have only been tried on (not worn in training or racing and unwashed).
Art. 8 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
Transfer of product ownership Sym Sport, for the benefit of the Customer, will only be realized at the time of delivery of said products.
Art. 9 - RIGHT OF WITHDRAWAL
9.1 The provisions of Articles L.121-20 et seq. Of the Consumer Code are expressly recalled.
Article L.121-20 of Consumer Code: The consumer has a period of seven (7) clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs. The consumer can derogate from this period in the event that he could not move and where simultaneously he would need to call for an immediate service and necessary for his conditions of existence. In this case, he would continue to exercise his right of withdrawal without having to justify reasons or pay penalties.
The period mentioned in the previous paragraph runs from the receipt for the goods or from the acceptance of the offer for the provision of services.
When the information provided for in Article L.121-19 of the Consumer Code has not been provided, the period for exercising the right of withdrawal is increased to three (3) months. However, when the provision of this information occurs within three (3) months from receipt of the goods or acceptance of the offer, it causes the period of seven (7) days mentioned in the first paragraph to run. When the seven (7) day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
Article L.121-20-1 of the Consumer Code : When the right of withdrawal is exercised, the professional is required to reimburse the consumer for all the sums paid, as soon as possible and at the latest within thirty (30) days following the date on which this right was exercised . Beyond that, the sum due is, as of right, productive of interest at the legal rate in force. This repayment is made by any means of payment. On the professional's proposal, the consumer who has exercised his right of withdrawal may however opt for another method of reimbursement.
9.2 Under the conditions provided for by article L.121-20 of the Consumer Code, the Customer has a withdrawal period of seven (7) clear days from the date of receipt of the products to return them. here to the supplier: Sym Sport – 18 rue Frederic Japy 25200 Montbeliard - France
9.3 Any exchange or refund will only be accepted on the condition that the products are returned by post, preferably with delivery against signature, in perfect condition for resale, with their accessories and instructions, within seven (7) days of the reception.
The return costs will be the sole responsibility of the Customer. Sym Sport is not responsible for lost returns.
9.4 Sym Sport is required to exchange the products, or to reimburse the sums paid by the Customer, free of charge, with the exception of return costs. Reimbursement is due within a maximum period of thirty (30) days. All refunds are made through the means of payment used by the Customer when ordering.
9.5 In the event that the Customer exercises his right of withdrawal, when the price of the order, subject of the withdrawal, is fully or partially covered by a credit granted to the Customer, the credit contract is terminated, without penalty.
9.6 Only articles specific to a new commercialization will be accepted in return.
9.7 To ensure proper handling of his request, the Customer is advised to keep Sym Sport informed on time and follow the return procedure detailed in the "After Sales Service" section of the Site. The Customer can never go to a "Point Relais" to return his delivery, without having received the prior written agreement by email from Sym Sport.
9.8 Beyond the withdrawal period of seven (7) days, the Customer retains the right, for thirty (30) days, to return their items for exchange or to have them, under the same conditions as those provided above.
Art. 10 - LIABILITY - GUARANTEE
10.1 Sym Sport, assumes, with regard to the Customer, the liability relating to the products delivered, in accordance with the regulations in force, and consequently guarantees the latter against any claim or claim, judicial or amicable, resulting both from damage caused to goods as damage caused to persons, due to said products.
10.2 Sym Sport also guarantees the Customer, in accordance with the legal provisions, against any hidden defect affecting the products delivered and rendering them unfit for use, as well as the damaging consequences resulting therefrom, on the condition that the Customer provides proof of the hidden defect. The action in warranty for hidden defects must be brought within two years from the discovery of the defect.
10.3 The products sold on the Website of Sym Sport comply with the regulations in force in France.
In all cases, Sym Sport cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in a receiving country other than France.
The Customer is solely responsible for the choice of products, their conservation and their use.
10.4 In accordance with the terms of article L. 121-20-3 of the Consumer Code, the responsibility of Sym Sport cannot be engaged in the event of non-performance or improper performance of these presents due to the Customer, the unforeseeable and insurmountable fact of any third party herein or even due to a case of force majeure as usually recognized by French case law. .
10.5 Unless the producer is not identifiable, Sym Sport cannot be held responsible for any damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or from the improper use of the products sold. It is the same for the possible modifications of the products resulting from the manufacturers.
Furthermore, within the limits authorized by law, the liability of Sym Sport cannot be committed beyond a sum corresponding to the amount of the transaction on the occasion of which a dispute arose.
10.6 In addition to the legal guarantee of conformity and the legal guarantee against hidden defects, certain products benefit from a specific commercial guarantee. Where applicable, the warranty period for these products is specifically mentioned on their respective item sheets. This warranty does not cover equipment used in the context of competition or rental, damage related to wear, misuse, absence or lack of maintenance, or any modification made to the product. after its delivery.
This guarantee does not cover either: - the replacement of so-called consumable products, - the non-conforming, irregular and abnormal use of the products, - the defects or specificities of a product which is the subject of a mention in the item sheets, - faults and their consequences linked to the improper use of the product for the use for which it is intended.
The Customer must return the faulty product (s) directly to the supplier only after acceptance by e-mail or by telephone from the return service (SAV) of Sym Sport.
The detailed modalities of this return will be specified in the email sent to the Customer by the return service (SAV) of Sym Sport.
10.7 Within the framework of this specific commercial guarantee, all returns of defective parts remain the responsibility of the Customer. The costs of returning new or repaired equipment are, for their part, borne by Sym Sport. Any incomplete or partial return cannot be taken as a guarantee. Any traces of modification or disassembly will void the warranty.
For any additional information, the Customer can contact customer service by email at: email@example.com
Art. 11 - COMPUTING AND FREEDOMS
In application of the law n ° 78-17 of January 6, 1978, modified by the law n ° 2004-801 of August 6, 2004, it is recalled that the personal data which are requested from the Customer are necessary for the treatment of his order and are intended for internal use by Sym Sport.
The Customer has the right to access, modify, rectify and oppose information concerning him, which he will send by ordinary mail to the company. Sym Sport, and by justifying his identity: SAV Sym Sport - 18 rue Frederic Japy 25200 Montbeliard - Francet - or by email at the following address: firstname.lastname@example.org
When browsing the Site, a cookie may be installed on the Customer's computer if the latter's express consent has been obtained on the Site, in view of the information provided by the Site on the purpose of cookies and the means available to the Customer to oppose it (article 32, II of law n ° 78-17 of January 6, 1978, amended by the ordinance of August 24, 2011 relating to electronic communications).
A cookie does not allow the Customer to be identified. On the other hand, it makes it possible to record information relating to the navigation of the computer on the Site, which can be read during subsequent visits and, in particular the times and dates of consultation, the pages consulted, etc.
Personal data collected by Sym Sport, may be transferred abroad in the European Union (EU) or outside the EU to countries ensuring adequate protection of personal data.
Art. 12 - COMPANY DETAILS
Sym Sport - 18 rue Frederic Japy 25200 Montbeliard - France - email@example.com
Art. 13 - DISPUTES AND APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
In the event of difficulties in the application of these general conditions of sale, the Customer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of: a professional association of the branch, a consumer association or any other council of its choice.
It is recalled that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee.
It is recalled that as a general rule, and subject to the judgment of the Courts, compliance with the provisions of these general conditions of sale relating to the contractual guarantee presupposes that the Customer honors his financial commitments towards Sym Sport.
Any dispute which cannot be resolved amicably will be the responsibility of the competent French courts, the Customer being able to choose the territorially competent court of his choice.
For information, the head office Sym Sport is located within the jurisdiction of the courts of the Court of Appeal of Besançon.