As shown on the ThirtyOne website
TERMS OF SALES
Any order of a product appearing in the online shop of the website www.thirtyonebikes.com presupposes the prior consultation of the present general conditions.
Article 1: Completeness
These terms and conditions express the full obligations of the parties. The present contract is concluded between the company THIRTYONE SAS and a customer (individual or legal entity) in the case of a system of sale of goods from a distance. The offer of products from our online shop is addressed in the same way to individual customers and professionals.
In this sense, the individual or legal entity is deemed to accept without reservation all the provisions of these conditions.
Article 2: Purpose
The purpose of these terms and conditions is to define the rights and obligations of the parties in the context of online sale of goods offered by THIRTYONE SAS to its customers.
Article 3: Contractual documents
This contract is made up of the following contractual documents, presented in descending hierarchical order:
– these general conditions
– the document concerning the protection of personal data
– the order form automatically generated when placing an order
In the event of any inconsistency between the provisions contained in documents of different rank, the provisions of the above document shall prevail.
Article 4: Entry into force – duration
These general terms and conditions come into force on the date of the order confirmation by the customer.
The present general conditions are concluded for the duration necessary for the supply of the subscribed goods, until the expiry date of the warranty legally due by the seller.
Article 5: Order confirmation
In accordance with the legal provisions on the conclusion of online contracts, the contract will be concluded when the customer clicks on the button allowing them to confirm the order after having seen all the details, in particular its total price and having had the possibility to correct any errors.
The customer declares to have taken note and accepted the present general conditions of sale before placing the order. The order confirmation therefore constitutes acceptance of these general conditions of Sale.
A summary of the order information will be sent to the customer in PDF format via the order confirmation email.
Article 6: Security
Our site is subject to a security system. We have adopted the SSL encryption process, but we have also strengthened all scrambling and encryption processes to effectively protect all sensitive data related to the payment methods.
The computerised registers stored in the computer systems of the company THIRTYONE SAS under reasonable conditions of safety shall be regarded as evidence of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
However, THIRTYONE SAS is not liable for any loss of data due to an incident for which it is not responsible.
Article 7: Product information
THIRTYONE SAS presents on its website the products that are sold with the necessary characteristics that allow the potential customer to know, before the final order, the essential elements of the products they wish to buy.
The descriptions, characteristics and illustrations of the products are carried out with the utmost care. Nevertheless errors may occur, or modifications may be made by THIRTYONE SAS. Consequently, THIRTYONE SAS declines any responsibility for any inaccuracy or inaccuracy concerning information available on the site. The photographs available on the site do not fall within the terms of the contract.
Offers submitted online are only valid within the limit of available stock. If the article is not in stock, the order will be impossible, in case of error, the customer is notified as soon as possible.
Article 8: Price
The prices of the products are indicated in euros all taxes included (VAT applicable on the day of the order) except shipping costs invoiced in addition and indicated before the order confirmation.
In case of ordering to a country other than metropolitan France, the customer is the importer of the product(s) concerned. Local taxes or state taxes may be applicable. These rights and sums are not within the remit of THIRTYONE SAS. They shall be at the client’s expense and shall be responsible, both in terms of declarations and payments to the competent authorities and bodies in their country.
We advise you to inquire about these aspects from local authorities.
THIRTYONE SAS reserves the right to modify its prices at any time but the products will be invoiced on the basis of the tariffs in force at the time of the order confirmation.
Payment of the full price must be made at the time of the order. The products remain the property of THIRTYONE SAS until the full payment of the product. THIRTYONE SAS reminds the customer that, at the moment when they take physical possession of the ordered products, the risks of loss or damage of the products are transferred to them.
Article 9: Payment
Validating the order implies the obligation for the customer to pay the price indicated. Payment for purchases can be made through the following methods:
– Bank card
– Bank transfer
The order will only be taken into account when THIRTYONE SAS company account is credited with the value of the order in question.
Article 10: Availability of products
Product offers are valid as long as they are visible on the site, within the limit of available stock. In the event of unavailability of a product after placing the order, the customer is informed by email. The order is automatically cancelled and no transaction is carried out.
Article 11: Delivery
The products are delivered to the delivery address indicated by the customer during the order process, within the time indicated on the order confirmation page.
The delivery times are generally 2 (two) to 4 (four) working days for France and according to the dates defined by the carrier for Europe and outside of Europe. These deadlines are, however, indicative and can be modified without the authorisation of THIRTYONE SAS. Any possible delay cannot give rise to damages, retention or cancellation of the order by the customer.
In the case of delivery to the home or head office requiring the customer to accept in person, the transport company will contact the customer as soon as possible to agree with them a delivery time, 4 (four ) days at the latest following the order confirmation date. THIRTYONE SAS cannot be held responsible for a delivery delay due exclusively to the customer’s unavailability after 2 (two) proposals of appointments by the carrier.
- In the event of an on-site pick-up (distribution point, carrier site, etc.), failing to collect the goods by the customer within the deadlines stipulated by the carrier, the parcel is returned to THIRTYONE SAS, who reserve the right to reimburse the customer or to return the goods again. Any additional transport costs will be applicable to the customer.
When the customer orders several products at the same time and they have different delivery times, the delivery time of the order is based on the time that is furthest away. THIRTYONE SAS reserves the right to split shipments. Participation in the processing and shipping costs will be invoiced only for one shipment.
In case of delayed shipment, an email is sent to the customer to inform them of a possible consequence on the delivery time that was indicated to them. In case of late delivery, THITYONE SAS offers the customer a new delivery time by email.
The customer is expressly requested to verify at the time of receipt: the condition, quality and quantity of the products delivered, and for this purpose to proceed with the opening of the packages in the presence of the delivery person. In case of doubt, they are obliged to refuse the package and to report these incidents to THIRTYONE SAS.
Any anomaly concerning delivery (damage, missing product in relation to the delivery note, damaged packages, broken products …) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the signature of the customer.
The customer must also confirm this anomaly to THIRTYONE SAS within three (3) working days following the date of delivery by registered mail with acknowledgment of receipt describing the said claims (Art. L133.3 of the Commercial Code).
Article 12: Period of withdrawal
Legal period of the right of withdrawal:
In accordance with the legal provisions in force, the individual has a period of 14 (fourteen) days from receipt of the product or products to exercise their right of withdrawal without having to justify any reason or pay penalties. After notification of their decision to exercise their right of withdrawal within this period of 14 (fourteen) days, the individual has another 14 (fourteen) days to return the product (s).
Once the individual has exercised their right of withdrawal within the allotted time, THIRYTONE SAS undertakes the task of reimbursing them as soon as possible and in all cases within thirty (30) days provided that the product is returned in its original packaging intact and complete (packaging, accessories, notice …) allowing it to be resold as new, and if possible, accompanied by a copy of the purchase invoice for an optimised management. In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the product, the responsibility of the customer can be involved. THIRTYONE SAS is not obliged to reimburse the additional costs if the customer has expressly chosen a mode of delivery more expensive than the standard mode of delivery offered on the THIRTYONE SAS merchant site.
No return for cash on delivery will be accepted for any reason.
Article 13: Shipping costs
The shipping costs are indicated and added to the total amount of the order at each order taken by the customer. The amount of the shipping costs is adjusted according to the destination of the order.
Our products are designed, assembled and shipped from our premises located in the south-west of France. As a result, the transport tariffs for France and the European Union are inclusive of all taxes. The shipping costs for customers outside the European Union is VAT excluded.
Article 14: Product guarantee
In accordance with the provisions of the legal guarantees of conformity and latent defects, THIRTYONE SAS reimburses or exchanges products apparently defective or not corresponding to the order.
The bicycles and components of the brand THIRTYONE SAS sold on this site are subject to the general warranty conditions.
All products not falling within the scope of this commercial warranty will however benefit from all the legal guarantees in force.
Article 15: Personal data
Personal information and personal data concerning the customer are necessary for the management of their order and for commercial relations. They can be transmitted to companies that contribute to these relationships, such as those responsible for execution, processing and payment. This information and data is also kept for security purposes in order to comply with legal and regulatory obligations and to enable us to improve and personalise the services we offer and the information we send you.
In accordance with the Data Protection Act of 6 January 1978, the customer has the right to access, rectify and oppose his or her personal data. It is sufficient for the customer to write online on the site of THIRTYONE SAS, indicating last name, first name, e-mail, address and if possible their customer reference. In accordance with the regulations in force, this application must be signed and accompanied by a photocopy of an identity document bearing the signature of the client and specifying the address to which the reply should be sent. A reply will then be sent within two (2) months of receipt of the request.
Depending on the choices made when creating or viewing the customer account, the customer is likely to receive offers from THIRTYONE SAS, as indicated when the account was created. If the customer no longer wishes this, they may at any time request it to be cancelled.
The merchant website of THIRTYONE SAS is also designed to be particularly attentive to the needs of its customers. This is one of the reasons why cookies are used. Cookies are intended to signal the passage of the customer on the site. Cookies are therefore used only for the purpose of improving the customer’s personalised service.
Existence of an opt-out system (cold calling): If the telephone number of the customer is collected during the creation of their account or when placing the order, it is specified that these telephone numbers will be used only for the proper execution of orders or to contact the customer in order to propose new services to him. Without prejudice to the above, in accordance with the legal provisions, the customer is they so wish, may be put on an opt-out system for direct sales. The customer can register to be on this list for free, which is binding on all professionals except those with whom the customer has already concluded a contract.
Article 16 – Intellectual Property
All texts, comments, illustrations and images reproduced or represented on the site of THIRTYONE SAS are strictly reserved under the title of copyright as well as intellectual property and for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only private use subject to different or even more restrictive provisions of the intellectual property code is permitted. Any reproduction or representation in whole or in part of the site of THIRTYONE SAS or of all or part of the elements located on the said site is strictly prohibited.
The company names, trademarks and distinctive signs reproduced on the site are protected under trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be the subject of a written authorisation in advance of the owner of the trademark.
Article 17 – Liability
The products offered comply with the French legislation in force. THIRTYONE SAS cannot be held liable for non-compliance with the legislation of the country where the product is delivered (for example, in the case of a product ban).
Photos are for illustrative purposes. THIRTYONE SAS invites its customers to refer to the description of each product to know the precise characteristics; And in case of doubt or if the customer wishes additional information the latter can contact us via the form “Contact”.
In the event of professional purchases, THIRTYONE SAS assumes no liability for any consequential damages resulting from the present, loss of use, loss of profit, damage or expenses, which may arise from the purchase of the products.
THIRTYONE SAS cannot therefore be held liable for any damage resulting from any professional activity. Similarly, THIRTYONE SAS cannot be held liable for damages resulting from misuse of the product by the customer.
Article 18: Partial non-validation
If any provision of these Terms and Conditions is held to be invalid or declared to be invalid or unenforceable by law, regulation or as a result of a final decision of a court of competent jurisdiction, the other stipulations will retain their full force and scope.
Article 19: No waiver
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted in the future as a waiver of the obligation in question.
Article 20: Applicable Law
These general conditions are subject to French law. In the event of a dispute or complaint, the customer will address, in priority, THIRTYONE SAS to come to a friendly solution; However, if it is impossible to find a friendly solution, the dispute shall be brought before the competent court of the place of residence of the company THIRTYONE SAS.