Terms of Sales

This document defines the General Conditions of Sale, “CGV”, of the online sales website “cyclesphoenix.com”.



  1. IDENTITY OF THE SELLER


Cycles Phoenix is a trademark of CyclePhoenix.com.



  1. OBJECT



The purpose of these T&Cs is to provide all the legal information on the terms and conditions under which the company CyclePhoenix.com offers products for sale on its website. The contract presents and defines the rights and obligations of the parties which apply, without restriction or reservation, to all products on the "cyclesphoenix.com" website.



  1. DEFINITIONS



The terms used with a capital letter in these GCS will have the meaning given below, whether they are used in the singular or in the plural.



“GTC” refers to these general terms and conditions of sale.



"Customer" designates the purchaser of a product on the Site, classified by default in the customer group of the database of the technical commercial operating system of the Site. 



"Force Majeure" means an event such as a natural disaster or a major political event (war, etc.), which turns out to be, in view of these circumstances, unforeseeable, irresistible and external and which is thus retained as such by the case law of the Court of Cassation as constituting a case of force majeure.



“Product” designates all the products offered for sale by the company CyclePhoenix.com on the Site.



“Site” refers to the cyclesphoenix.com website.



  1. PRE-CONTRACTUAL INFORMATION



The Customer acknowledges having had, prior to his purchase, communication in a clear and understandable manner, of these GCS and of all the information listed in article L.221-5 of the Consumer Code, and in particular the following information:



  • the essential characteristics and the price of the items and related costs;
  • the date or the deadline on which the seller undertakes to deliver the product;
  • information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities;
  • information relating to legal and contractual guarantees and their implementation methods;
  • the possibility of resorting to conventional mediation in the event of a dispute. 



  1. PREREQUISITES TO PURCHASE



Prior to any purchase, the Customer certifies: 



  • that the purchase of products on “cyclesphoenix.com” is not directly related to its professional activity and that it is limited to a use in conformity with the regulations in force as for the use and standard of the products sold by the site;
  • have the full legal capacity to understand these T&Cs.



Prior to any purchase on the Site, the Customer must:



  • create a customer account, by completing the form for this purpose containing the following information (* required fields): title*, first name*, last name*, e-mail address*, password*.
  • complete the order form with the following information (* required fields): first name*, last name*, address*, postal code*, city*, telephone number*.



Any order placed and paid for via the Site assumes the prior full acceptance by the Customer of these GCS by ticking the box provided for this purpose. Without this acceptance, the continuation of the ordering process is technically impossible.



By ticking the acceptance box of the GCS, the Customer acknowledges having read them and having freely consented to them.



  1. ORDERED



The Customer is informed prior to any purchase of the essential information and characteristics of the Products on the “cyclesphoenix.com” site. The Customer becomes aware of the Products and their technical data under his sole responsibility to establish his choice and his order.



He remains the sole master and judge of the compatibility he plans to make in the context of their uses. The creation of the customer account and the validation of the payment fully validates the present GCS of the company CyclePhoenix.com.



The customer declares to have read, prior to his order, the conditions of purchase on the “cyclesphoenix.com” site. Any order on the “cyclesphoenix.com” website is confirmed by electronic document sent to the e-mail entered in their customer account.



6.1 Product



The products offered on the “cyclesphoenix.com” site are deemed to be second-hand products in used and functional condition. 



6.2 Price



6.2.1 General



The selling prices of the products on the “cyclesphoenix.com” site are indicated in euros, all taxes included. The valid price is that appearing on the order form at the time of registration of the latter by the Customer. 



The price of the products displayed on the Site does not include the eco-contribution, nor the marking service (compulsory for bicycles over 16 inches - Decree No. 2020-1439) if applicable, nor delivery costs. , which are invoiced in addition in the Customer's order according to the types of product selected and the delivery methods chosen.



The total applicable price is that appearing on the order form at the time of registration of the latter by the Customer.



The amount of the delivery costs depends on the methods chosen by the Customer, the amount of which is indicated before validation of the order.



The sale prices of the products can be modified by the company CyclePhoenix.com at any time. The application of the new tariff is valid for all orders recorded after this modification.



In the event of Force Majeure (in particular in the case of a computer bug) resulting in the display on the Site of a derisory or erroneous price, the company CyclePhoenix.com reserves the right to cancel the order with reimbursement. immediate.



6.2.2 Specificities specific to purchase with Click and collect in-store collection



The Customer is informed that the offers of products and services as well as the prices displayed in the physical stores that are part of the Click and Collect network of the company CyclePhoenix.com and belonging to Independent Operators are not applicable to purchases on the Site and vice versa, and may vary according to the commercial policy of each store.



In the context of a "Click and collect" in-store collection order, the price does not include the assembly service provided by the Independent Operator (excluding children's bicycles) to put the Product ordered into service, if applicable. This may be invoiced in addition to the Customer at the time of receipt of the Product according to the commercial policy adopted by the Independent Operator.



6.3 Payment



6.3.1 Cash payment



To pay for his order in cash, the Customer has the means available on the Site: bank card, bank transfer.



When paying by credit card, the security of the Customer's bank details is guaranteed by CyclePhoenix.com via SSL encryption (Secure Socket Layer) allowing data confidentiality. The CyclePhoenix.com site also has the 3D Secure system allowing secure authentication of the holder of the means of payment used for the transaction.



For payments by bank transfer, shipment cannot take place before confirmation from the accounting services of CyclePhoenix.com. Validation does not exceed 96 hours, working days following the transfer dated by the issuing body.



The Customer has, at the registration of the order, the legal authorizations to use the means of payment for his order. In the event of suspicion of fraud, the company CyclePhoenix.com reserves the right to request the Customer's proof of identity and the authorizations necessary for the use of the means of payment. In the context of a lack of reliability of the information of the payment order and the supporting documents, the company CyclePhoenix.com reserves the right to cancel the order.



6.4 Invoice



Each order is subject to an invoice. The invoice is available in the Customer's personal space.



  1. AVAILABILITY AND DELIVERY



The availability of products is mentioned on the Site for each product and each variation (size, color, etc.).



All the details related to the delivery are indicated on the “Delivery” page of the cyclesphoenix.com Site. In the event of non-compliance with the current delivery time, the Customer may either request the resolution of the sale under the conditions provided for by the Consumer Code, or maintain his order.



In the context of delivery, if the package has an appearance defect suggesting damage to the products, the Customer must refuse delivery and report the damage to customer service or to the collection store. The CyclePhoenix.com company will take the necessary measures with the delivery supplier to ensure the quality of the products delivered.



  1. RIGHT OF WITHDRAWAL – REIMBURSEMENT



8.1 Application & withdrawal periods



The Customer has the right of withdrawal for any purchase on the “Recycle2cyle.com” Site of the company CyclePhoenix.com. The Customer benefits from the right as set out in the consumer code in force on the date of establishment of these GCS, or later. To date, the Customer may cancel his purchase for a period of fourteen days following receipt of his package.



Under this retraction, the Customer is reimbursed for his purchase and the initial shipping costs. The return costs necessary for the application of the right of withdrawal remain the responsibility of the Customer (Art. L.121-23 of the Consumer Code). In the case of a partial withdrawal on the order, the shipping costs remain with the company CyclePhoenix.com



8.2 Exercise of the right of withdrawal



To establish the request for withdrawal, the Customer may make the request via a standard form as mentioned in the Consumer Code. His decision to withdraw must be unambiguous. He may also report it by means of communication indicated in this contract: telephone, plain paper or e-mail.



The Customer must provide the information necessary to identify his order (name appearing on the invoice and/or order number, present on the slip of his order).



8.3 Return terms and costs



8.3.1 Terms and costs of return – home delivery order



The following return conditions apply to all orders for which the delivery method selected at the time of the order is home delivery.



The Products must be returned to CyclePhoenix.com in perfect condition for resale, in their original condition and packaging, accompanied by the return request.



It being specified that the Products presented for sale without packaging, as well as those for which hygiene rules are required (eg masks), are not affected by the right of return.



The Customer has full and entire responsibility for the risks associated with the return. The company CyclePhoenix.com cannot be held responsible in the event of loss or deterioration of a Product upon return.



If the Customer does not meet the aforementioned return conditions, CyclePhoenix.com reserves the right to refuse the return of the Product. In this case, no refund will be issued.



Returns from home delivery must be sent to the registered office of CyclePhoenix.com at the Customer's expense.



8.3.2 Terms and costs of return – order with collection in store “Click and collect”



All Customer orders with collection in one of the stores that are part of the Click and Collect network of the company CyclePhoenix.com are concerned.



8.3.2.1 Accessory commands



The same return conditions apply as for article 8.3.1 for all orders that do not contain a bicycle-type product. The products must be returned to the company CyclePhoenix.com, accompanied by the return request (accessible online) under the conditions mentioned in the article "Terms and costs of return - home delivery"



Accessory returns resulting from a pick-up delivery in one of the stores belonging to the Click and Collect network of the company CyclePhoenix.com must be sent either to the head office of the company CyclePhoenix.com at the Customer's expense, or free of charge from one of the stores of the Click and Collect network of the CyclePhoenix.com company (upon presentation of the return request). If the Customer does not meet the aforementioned return conditions, CyclePhoenix.com reserves the right to refuse the return of the Product. In this case, no refund will be issued. The returned product(s) will be made available to the Customer for collection.



8.4 Reimbursement terms and conditions



The use of the right of withdrawal will result in a refund to the Customer. The refund takes place following the effective return of the goods to the address mentioned by the customer service and available in these GCS.



8.4.1 Reimbursement terms and conditions – home delivery orders



The refund is made by re-crediting the payment method used during the initial order by CyclePhoenix.com. CyclePhoenix.com undertakes to reimburse within 7 working days. In the event that the means of payment used when placing the order has expired, the Customer will be offered a refund by check or bank transfer.



8.4.2 Reimbursement deadlines and methods – in-store pick-up orders



8.4.2.1 Store pick-up orders – accessories



In accordance with the previous article 8.4.1 relating to refunds for home delivery orders, the same refund conditions apply for orders with in-store pick-up. Reimbursement is made by CyclePhoenix.com within 7 working days by re-crediting the means of payment used when placing the order. In the event of a store withdrawal on this type of order, the withdrawal store cannot directly reimburse the Customer.



In the event that the payment method initially used is obsolete, the Customer will be offered a refund by another payment method.



  1. CREDIT CASH, GIFT VOUCHERS AND DISCOUNT VOUCHERS



Credit notes, gift certificates and reduction vouchers issued by CyclePhoenix.com via the cyclesphoenix.com website are intended to be used only on the Site. Under no circumstances will the Customer be able to claim a purchase in one of the stores of the Click and Collect CyclePhoenix.com network via this title.



All gift vouchers are valid for 1 year from their date of issue. They are neither refundable nor replaceable in the event of loss, theft or destruction or upon expiry of their period of validity. They cannot be exchanged or sold and will not give rise to any monetary consideration in any form whatsoever, total or partial, including monetary return. Credit notes and gift vouchers can be used partially and in several installments within the time limit for which they are issued. Discount coupons can only be used once.



  1. GUARANTEE



The Customer benefits from the warranty rights applicable in the territory of performance of this contract, on the date of purchase. For the exercise of its guarantee, the Customer must contact the company CyclePhoenix.com, whose contact details are indicated in article 11 of these GCS.



The Customer benefits from the legal guarantee of product conformity (Art. L.217-3 of the Consumer Code). CyclePhoenix.com undertakes to sell only products that comply with the standards and regulations in force within the European Union.



Under article Art. L.217-7 Consumer Code, the Customer has two years to assert the right to default under the legal guarantee of conformity for new products and one year for second-hand products. The product under warranty is, at the choice of the manufacturer, exchanged or repaired (Art. L.217-8 Consumer Code).



The Customer also benefits from the legal guarantee against hidden defects resulting from a material, design or production defect affecting the delivered products and rendering them unsuitable for the use for which they were designed.



In any case, the “warranty” does not cover:



  • Replacement of consumables
  • Improper use of the Products
  • Defects and consequences due to installation by an unqualified person
  • Defects and consequences due to non-compliant use of the Product prescribed by the manufacturer.



  1. INTELLECTUAL PROPERTY



The content of the "cyclesphoenix.com" site, these T&Cs, visuals, layouts, infographics remain the exclusive property of CyclePhoenix.com. Any partial or total reproduction of the site and its content is strictly prohibited.



Any partial or total reproduction without prior agreement is likely to constitute an offense of counterfeiting and will be systematically prosecuted.



  1. RESPONSIBILITY



The products sold on the “cyclesphoenix.com” site by the company CyclePhoenix.com comply with the French legislation in force.



CyclePhoenix.com cannot be held liable for any direct or indirect damage that may occur as a result of the purchase and use of the Products by the Customer. The Customer undertakes to respect the regulatory standards and instructions of the manufacturer with regard to the assembly and use of the Products.



The CyclePhoenix.com company undertakes to provide all the information available to it at the time of purchase to help the Customer. The total or partial impossibility of using the product, due to an incompatibility of equipment cannot engage the responsibility of the company CyclePhoenix.com, nor open the right to compensation or reimbursement beyond the regulatory conditions of the right of withdrawal for remote purchase of the current consumer code.



  1. PERSONAL COMPUTER DATA



CyclePhoenix.com is required to collect personal data concerning the Customer as part of the Order placed on the Site, on its behalf and/or on behalf of partners or service providers, in order to be able to process and execute the Order. .



The CyclePhoenix.com company practices a personal data protection policy, the characteristics of which are explained in the document entitled "privacy policy" and which the Customer is invited to read on the Site.



The company CyclePhoenix.com declares in particular to collect data relating to the Customer in the context of its activity, and to store them in the context of the performance of its obligations (hereinafter the "Data"). These Data constitute personal data within the meaning of Law No. 78-17 of January 6, 1978 amended by Law No. 2004-801 of August 6, 2004 and the General Data Protection Regulations. The CyclePhoenix.com company acknowledges being solely responsible for the processing constituted in this respect.



The CyclePhoenix.com company therefore undertakes to comply with all the legal and regulatory obligations incumbent upon it in terms of the protection of personal data aimed at guaranteeing in particular the security and confidentiality of the Data.



To this end, the company CyclePhoenix.com undertakes not to make any copy of the Data without the express agreement of the Customer, to use the Data only on the instructions of the Customer and within the framework of the sale of the Products, not to disclose or transmit the Data to third parties except with the express agreement of the Customer to this effect, take all measures to avoid any misuse or fraudulent use of the Data, take all technical security measures to preserve the integrity of the Data, proceed to the end of these General Conditions for the Destruction of Data.



In addition, the data recorded in the customer file of the company CyclePhoenix.com may also, after the Customer's consent, be transmitted to partners of the company CyclePhoenix.com for commercial prospecting purposes. The list of these commercial partners will then be directly accessible on the Website.



This data will be kept for a maximum of three years from the last contact between the Customer and the company CyclePhoenix.com.



In accordance with the Data Protection Act of January 6, 1978 amended by Law No. 2004-801 of August 6, 2004 and the General Data Protection Regulations of April 27, 2016, the Customer has a right of access, rectification, deletion, data portability, limitation of the processing of personal data.



The Customer has a right of opposition to the processing of data, as well as a right of opposition to this data being used for commercial prospecting purposes. He also benefits from the right to define the manner in which these rights may be exercised after his death.



The Customer may exercise these rights by sending a letter by registered letter with acknowledgment of receipt, accompanied by a copy of a valid identity document, to the following address: 20F rue D'Hem, Chemin le Vert Coteau 59170 Cross.



It is recalled that the data collection forms appearing on the Site specify the mandatory fields and the optional fields. It is recalled that the absence of information from a mandatory field by the Customer will not allow the company CyclePhoenix.com to process his request.



Other requests for information calling for an optional response, or information relating to the Customer's interest in the offers likely to be sent to him are intended to get to know him better and to improve the services offered to him.



The CyclePhoenix.com company may send the Customer information on its special offers or any new products that may be offered on the Site, unless it refuses to do so when ordering. The Customer may also, at any time, by clicking on the link provided for this purpose in this information email, request to no longer receive emails from the company CyclePhoenix.com.



The Customer is also informed that when browsing the Site, it places a cookie on the Customer's computer.



The cookie is a text file saved on the Customer's computer or mobile phone, and which stores information relating to the Customer's browsing on the Site (pages consulted, date and time of consultation, etc.) and information entered by the Customer during his visit (such as surname, first name and other identification data), allowing the Customer not to have to re-enter them during his next visit.



The CyclePhoenix.com company will thus be able to read all of this information stored during the Customer's next visits. Cookie files are stored temporarily or permanently. Permanent cookie files remain on the hard drive of the computer until the Customer has deleted them manually.



The Customer is informed that he can oppose the installation of "cookies" at any time by configuring his browser.



  1. CUSTOMER SERVICE AND CONTACT



The CyclePhoenix.com company offers an online sales service. In order to ensure a quality service and information, at any stage of the sale, the order, the invoicing and the after-sales service, the Customer can contact the sales department at the following coordinates:



Mail: CyclePhoenix.com – Customer Service – 20F rue d'Hem, Chemin Le Vert Coteau 59170 Croix



Email: hello@cyclesphoenix.com



15. APPLICABLE LAW – DISPUTE – MEDIATION



Purchases on the CyclePhoenix.com company website and these T&Cs are governed by French law.



All disputes to which the purchase and sale transactions concluded in application of these GCS could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences:



  • Will, in the first place, be the subject of an attempt at amicable resolution and which could not have been resolved amicably with CyclePhoenix.com customer service;
  • May, in the event of failure of the first amicable discussions, give rise to an attempt at resolution via conventional mediation with the mediation entity indicated at the bottom of their invoice;
  • May, as a last resort, be submitted to the competent courts under the conditions of common law.



The Customer declares to have read these T&Cs and to have accepted them.

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