1. ABOUT US
1.1 www.infine-cycles.com is a website operated by Nouvel Urbaniste SAS ("we", "our"). Company with capital of 16,666 euros. Our Registered office is located at Nouvel Urbaniste SAS, 655 chemin du Roguez, 06670 Castagniers, R.C.S. Nice 811 018 761.
1.2 The purpose of these general conditions of sale is to define the rights and obligations of Infiné Cycles and its customers in respect to the sale of products through the site or through the Customer Service of the site.
As such, any order of a product through the site implies full acceptance of these terms and conditions of sale.
2. PRODUCT ORDERS
2.1 You can order Products by following the procedure described on our website. By placing an order through our site, you acknowledge that you consent the obligation to pay for the products ordered when your order is accepted.
2.2 Our order procedure allows you to check and correct any errors before sending us your order. Take the time to read and check your order at every step of the ordering process.
2.3 All orders are subject to our acceptance. After receiving your order, we will send you a confirmation email which will be acceptance by us. The contract between you and us will only be concluded once we have sent you this email. The payment of the order by the method of payment of your choice will be executed as soon as we have accepted your order. We will send you another email as soon as your order has been shipped.
2.4 Unfortunately, we can not cancel an order once it has been shipped. If you change your mind about your order when it has already been shipped, you may refuse delivery or return the products to us in accordance with the Returns Policy, which is set forth in clause 9 below.
2.5 Before ordering Products, it is your responsibility to check and ensure that you are able to receive the Products ordered and that no problem may complicate the delivery or render it impossible.
2.6 You must keep the contact details that you have communicated to us so that we can contact you if necessary regarding your order or the delivery of the Products.
2.7 We do not check the compatibility of the different Products you order.
3.1 All orders for Products are subject to the availability of the Products ordered. If, for whatever reason, the Products you have ordered are not available or their delivery is delayed, we will inform you as soon as possible after receiving your order.
3.2 If we are unable to supply a Product, for example because it is no longer in stock with our suppliers or due to a price error (see Clauses 5.4 and 5.5 below), we will notify you by email and will not proceed with your order. If you have already paid for the Product, we will refund the full price as soon as possible.
4. IMAGES AND DIMENSIONS of PRODUCTS
4.1 4.1 The images of the Products presented on our site are given for information only. Although we make every effort to display the colours accurately, we can not guarantee that your computer, or digital media, will display the colours exactly or provide a satisfactory colour rendition of the Products. Products delivered to you may be slightly different from those shown on the images. For example, the secondary components of a product may change without notice, from the manufacturer, our supplier or us, in order to improve the quality.
4.2 The dimensions indicated on our site including weights and capacities are regularly updated. We make every effort to be as specific as possible about the information provided.
5. PRICES OF PRODUCTS
5.1 The price of any Product is the one indicated on our website, except in case of manifest error.
5.2 The price of any Product may change at any time, but no change will affect an order already accepted by us.
5.3 The price of the Products includes VAT (when the VAT applies) but excluding delivery costs, which are added if necessary to the price of the Products and indicated as part of the total amount due during the ordering process. To know the delivery charges of a product, visit our Delivery page.
5.4 Due to the large number of variations of the Products presented on our site, it is always possible that, despite all our efforts, the price of some of them is wrong. Ideally, we check the price as part of our order processing procedure so that, in the event that the price of a product is lower than the price quoted, we will charge the lowest amount on the shipment of the product. If the exact price of a Product is higher than the price indicated on our site, we have full potential to contact you and ask for your instructions before shipping the Product, or to reject your order and notify you of its rejection.
5.5 If the price error is obvious and blatant and you yourself may have noticed that it was an error, we have no obligation to deliver the Product to you at the wrong price (lower) and this, even after the acceptance of your order.
5.6 For deliveries outside metropolitan France, the customer agrees to pay all taxes due on the importation of products, customs duty, value added tax, and any other taxes due under the laws of the country receiving the order. The company Nouvel Urbaniste SAS disclaims any legal liability if the payment of taxes was not made by the customer.
6.1 We offer a delivery service with the delivery time indicated for each Product offered on our site. We draw your attention to the fact that the indicated delivery time is estimated delivery period. To find out more about the delivery of our Products, consult the information presented on the Delivery page of our site.
6.2 We would like to inform you that we only deliver to addresses located in the countries indicated on the Delivery page.
6.3 Unless indicated otherwise on the product sheet and exceptional periods such as Black Friday and Christmas, your order will be processed and shipped within 24 hours (working days). This processing time corresponds to the time within which we expect to transfer the Products to our delivery partners. Visit our Delivery page to learn more about our shipping and delivery procedure and the expected delivery time after shipping the Products. Although we make every effort to ensure that the Products are shipped to you and delivered on time, we can not guarantee that they will not be affected by unforeseen problems with our suppliers or delivery partners. If we are unable to meet processing times, shipments or deliveries, we will contact you and provide you with a new estimated date.
6.4 Delivery is made when our partner, the shipping company, delivers the Products to the address you have indicated to us. If no one is present at your address to take delivery of the order, our partners will leave you a delivery notice or email, telling you how to proceed to organize a new delivery or inform the pickup location. For home delivery, if after three attempts of delivery of our partner, you did not take delivery of your order, we consider the contract as being canceled at your initiative in accordance with the terms of Clause 8 below .
6.5 You can track your order at any time by logging into the history of your order by logging into account on our site. If you have difficulty finding the status of your order or tracking it, contact our Customer Service team as described in Clause 20.
6.6 We work with partners to deliver your Products. We can not be held responsible if your Products arrive at destination damaged. If this is the case, the customer undertakes to issue immediate, significant and precise reserves to the shipment company at the time of delivery.
6.7 The customer expressly agrees to refuse the product delivery if the transport equipment have suffered visible damage from the outside. In the event of acceptance, we can not be held responsible for the damages suffered, as a consequence, any declaration of cancellation, claim for compensation, exchange and / or refund will be rejected.
7. RISK AND PROPERTY
7.1 Ownership of the Products is transferred to you once we have collected all the amount due for the products, including delivery costs.
7.2 The products are your responsibility from the moment you (or a third party other than the carrier and indicated by you) take physical possession of the products.
8. CANCELLATION, RETURN AND REFUND POLICY
8.1 We hope that all your purchase will satisfy you. However, if your Products are not up to your expectations, you can return them to us in accordance with the terms below or in accordance with your legal rights.
Right of Withdrawal
8.2 You have a legal right to change your mind and cancel the agreement between you and us within 14 days of delivery of your Products without giving any reason. We draw your attention to the fact that the right to change your mind does not apply to the Custom Products that you buy from us (ie Products that we create to your specifications or that are clearly personalized in particular Limited Edition Products).
8.3 The withdrawal period expires 14 days after the date on which you, or a third party other than the shipping company and indicated by you, physically take possession of the Products. In the event that you order multiple Products in a single order or if an order is delivered in multiple packages, lots or parts, the cancellation period expires 14 days from the date you take, you or a third party other than the shipping company and indicated by you, physical possession of the last part, the last batch or the last piece of Product which constituted your order.
8.4 To exercise your right of withdrawal, you must inform us of your decision to cancel your contract with us by clearly indicating it in writing (for example: letter sent by post or email). The easiest way to do this is to contact our Customer Service team, whose contact details you will find in Clause 22. You can, if you wish, use the standard cancellation form below:
Standard cancellation form
To: Nouvel Urbaniste SAS, 655 chemin du Roguez, 06670 Castagniers
Email address: firstname.lastname@example.org
I hereby inform you / we inform you (*) that I cancel / we cancel (*) the contract of sale of the following products (*) / supply of the following service (*)
Ordered on (*) / received on (*)
Name of the client (s),
Address of the customer (s),
Signature of the client (only if this form is sent on paper)
(*) Delete as appropriate
8.5 In order to respect this withdrawal period, all you have to do is to send your message concerning the exercise of your cancellation right before the expiry of the cancellation period.
Consequences of the withdrawal
8.6 If you cancel your contract with us, we will reimburse you for any sums you have paid to us, including delivery charges (provided that we reserve the right not to reimburse for the extra cost from choosing yourself, a delivery type other than the cheapest standard delivery method we offer).
8.7 We will refund without undue delay, and no later than: (a) 14 days after we receive the Products supplied by us, or (b) if no product has been provided, 14 days after the day you informed us of your decision to cancel this contract.
8.8 We will refund using the payment method you used for the original transaction; In any case, this refund will be made at no cost to you.
8.9 We may delay repayment until we have received the Products.
8.10 All refunds are subject to the return of the returned Products to be new, intact and in their original packaging.
8.11 Products returned without original packaging, incomplete, damaged, damaged or soiled by the customer are not taken back.
8.12 Refunds of all Products returned without original packaging, incomplete, damaged, damaged or soiled will be refused by us. The return shipping costs will remain entirely your responsibility.
8.13 Products returned without packaging, new and intact, may in exceptional cases be reimbursed via a credit note. We agree to deduct from this refund the loss of value of the Product supplied which will be sold out of packaging in our stores. In addition, we can deduct from any refund (to which you can claim from us) the loss of value of the Products supplied.
Products that are defective or not in conformity with the description
8.14 If you return the Products to us during the withdrawl period because they have a defect or do not correspond to the description, we will refund you: the full price of the Product and any applicable delivery charges; and any reasonable costs that you have incurred to return them to us (other than the costs you incur to return the Products in person). As a consumer, you will always have legal rights to Products that are defective or not in accordance with the description. These legal rights are not affected by the return policy set forth in this clause 8 or any of the other General Terms of Sale.
8.15 To reimburse you, we will use the payment method you used to pay us.
How to return Products
8.16 If you change your mind and exercise your right of withdrawal under clause 8.2 above after delivery, then the Products must be returned to us. For that :
(a) For most small products and some medium size products, it is your responsibility to arrange for the return of Products to return to our distribution center. In this case, the Products must be returned to us without undue delay and in any case not later than 14 days from the date on which you exercised your right of withdrawal. The costs of returning the Products, which vary from one product to another, are your responsibility.
(b) For medium and large Products, except for bicycles as indicated in clause 8.24, we may arrange for collecting the Products from you. The cost of collection, which varies from one product to another, is your responsibility.
To find out more about the specific pick-up and return fees that apply to different Products, as well as returns and refunds, we invite you to contact our Customer Service.
8.17 If you exercise your right to return the Products in accordance with clause 8.14 because the Products are defective, did not conform to the description upon delivery or because you have a legal right to return the Products as a result of an error we made after shipping the Products, the Products must be returned to us. Depending on the products, you can arrange their own return or we can organize their pick up at your place, as indicated in clause 8.16. However, in this case, the return or collection of product will be at no cost to you.
8.18 To arrange for the return or pick up of Products, contact our Customer Service team, whose contact details are listed below in clause 20.
8.19 Gently open the packaging in which the Products are delivered and replace them carefully in their original packaging before returning them.
Specific return conditions for bicycles
8.20 The bike may be tested only on dry asphalt pavement for a maximum of 1km and must not show signs of wear and tear or usage.
8.21 The bike must be returned perfectly clean and without defects.
8.22 The bike must be packed in its original carton.
8.23 The bike must be returned within 14 days.
8.24 For a free return, Customer Service must be contacted within two (2) days of the date of receipt. As indicated in Clause 8.2, after this period, the return is your responsibility.
Restrictions on the right of withdrawal
8.20 The 14-day withdrawal period mentioned in Clause 8 is not applicable to products created to measure, on quotation or marked as such or to special orders (references out of catalog or quotation
8.21 No modification or cancellation of order is possible for customized products, on request or out of catalog.
8.22 If, despite everything, the buyer wishes to cancel the order, taking into account the cancellation will result in a cancellation fee of at least 15% of the total amount inclusive of VAT. of the order.
9. Special Offers
9.1 From time to time, we may have Special Offers other forms of operations to encourage you to purchase certain Products on our site ("Promotions").
9.2 The duration of any offer, the conditions to be fulfilled to benefit from it and the Products in offer are indicated to all our customers by email and on our website via which message that indicates it.
10. GIFT CARDS AND PROMO CODES
10.1 We offer for gift cards on our site.
10.2 Your gift card is sent to you by email. You must print it or send it by email to the recipient of your choice.
10.3 Gift cards are valid for a period of one year from the date of issue and their validity can not be extended.
10.4 The value of any gift cards will be deducted from the total cost of your order. If you still have money to spend on your gift certificate, this balance can be used for a next order. There is no minimum purchase amount and the gift card can be used for any purchase, including delivery charges
10.5 Gift cards are offered at the fixed amounts indicated on our website.
10.6 Gift cards and / or promo codes should not be posted on consumer forums; they will be canceled immediately.
10.7 Only one promo code, i.e. one promotional code or one promotional offer, may be used per order (but you may also use any gift card you have purchased or offered to you).
10.8 When you use a gift card and / or promo code, you warrant that you are the duly authorized recipient of this gift card or promo code (if applicable) and that you use it in accordance with these Terms of Sale, legally and in good faith. If we believe that a gift card and / or a promo code is used contrary to these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift card and promo code ( depending on the case).
10.9 If you have difficulty using your gift card and / or promo code or if you have any questions, contact us for assistance.
10.10 Any order for Products placed using a gift card and / or promo code will be governed by these Terms of Sale.
11. YOUR INFORMATION
12. RESPONSIBILITY - LEGAL GUARANTEES
12.1 We have a legal obligation to supply Products that are in accordance with the contract we have with you.
12.2 We draw your attention to the fact that all our Products purchased online must be verified.
12.3 Our Products are designed for your own personal use and we make no warranties as to their performance in a professional or competitive environment. Our responsibility towards you will not be engaged in case of loss of profit, loss of activity, interruption of activity or loss of opportunities.
12.4 If we fail to comply with the terms of the contract we have with you, we will be liable for any loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not responsible for non-foreseeable damage or damage. Injury or damage is foreseeable if it is an obvious consequence of any breach by us of the General Conditions of Sale or if it is defined as such at the time of the conclusion of the contract.
12.5 Within the limits of the law in force, the maximum amount of loss or damage for which we will be liable is limited to the price you paid for the Product for which the loss or damage you have suffered is related.
12.6 We will not exclude nor limit our liability in the following cases: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) liability under the Consumer Rights Act, 2015, the exclusion or limitation of which is not permitted under section 31 of the Consumer Rights Act, 2015; and (d) defective products under the Consumer Protection Act, 1987.
12.7 This does not affect your rights under the law, including the legal guarantee of conformity provided for by articles L211-4 to L211-14 of the French Consumer Code, and the legal warranty of hidden defects provided for in articles 1641 to 1649 of the French Civil Code. These two legal warranties apply regardless of any commercial warranty provided by the product manufacturer.
13. FORCE MAJEURE
13.1 Our responsibility can not be blamed in the event of non-performance or delay in execution our obligations under a contract that is caused by force majeure events, including natural disasters, fires, floods, severe weather conditions, explosions, wars (whether declared or not), acts of terrorism, acts of central or local government or any other competent authority, provided that: (a) we will take all reasonable steps to avoid or minimize the non-performance or delay; (b) in the event of a breach of our obligations, we will reimburse you for all amounts paid under the relevant contract; and (c) in the event of a significant delay, you have the option to inform us of your decision to cancel your order and we will then refund all amount paid under the relevant contract.
14. RESOLUTION OF DISPUTES
14.1 If a dispute arises between you and us regarding the contract we have with you, please first contact us at email@example.com and attempt to resolve this dispute with us informally. You can also write to us at the following address: Nouvel Urbaniste SAS, 655 chemin du Roguez, 06670 Castagniers.
14.2 In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Infine-cycles.com joins the Medicys e-Commerce Mediator Service whose contact details are as follows: 73 Boulevard de Clichy - 75009 Paris - https: / /www.medicys.fr/.
14.3 In the unlikely event that we can not resolve the dispute amicably, we draw your attention to the fact that the EU offers an online dispute resolution platform on which EU consumers can expose disputes arising from online purchases, and the address of which is: https://ec.europa.eu/consumers/odr.
15. AUTONOMY OF PROVISIONS
15.1 Each of the provisions of these Terms of Sale operates separately. If a court or other competent authority decides that any provision of these Terms of Sale is unlawful or unenforceable, the remaining provisions will remain in effect.
16. UPDATE OF THESE TERMS OF SALE
16.1 We may modify or update these Terms of Sale at any time for various reasons, including: (a) changing the way our organization operates; (b) modification of the legal or regulatory requirements to which we must comply; or (c) changing the payment methods we accept. However, each of your orders for Products will be governed by the terms published on our site at the time of the order.
17. THIRD PARTY RIGHTS
17.1 Any Agreement between you and us is between you and us only. No third party will have the right to use its terms.
18. ASSIGN YOUR RIGHTS
18.1 We may assign our rights and obligations under the contract with you to another organization and we will use our best endeavors to notify you in writing if this happens, without affecting your rights or our obligations under the contract. We will use reasonable means to notify you in writing if this occurs.
19. APPLICABLE LAW AND JURISDICTION
19.1 Depending on the country in which your usual place of residence is located, these Conditions of Sale are governed by French law. This means that a contract for the purchase of Products on our site and any dispute or action that would follow or be related to it will be governed by French law.
19.2 Depending on the country in which you are domiciled, the French courts will have non-exclusive jurisdiction to hear any proceedings relating to this contract.
20. TO CONTACT YOU
20.1 If we need to contact you or inform you of anything in writing, we will do so exclusively by email.
21. CONTACT US
21.1 If you have any questions about these Conditions of Sale, send them to us by email at firstname.lastname@example.org or contact us by phone at 04 93 26 69 99 (Mon - Fri: 10-18h).
22. EXCLUSIONS: B2B PURCHASES
22.1 The terms of this Article 22 apply to buyers who are defined as "consumers" under the French Consumer Code (Preliminary Article).
22.2 As a result, the terms that apply to consumers under French law does not apply to purchases made by professionals for the purposes of their professional activity - in particular the right of withdrawal provided for in Article 8 or the legal guarantee of compliance provided for in the Consumer Code, which is mentioned in Article 13.6 of these Conditions of Sale.
22.3 Notwithstanding the general rule provided in Article 19 above, the parties expressly agree that, with respect to B2B purchases, this contract is exclusively governed by French law and that, in case of dispute, the Courts of Paris shall be solely competent.