CONDITIONS GÉNÉRALES

Iweech general terms and conditions of sale

PREAMBLE
iweech.com is the property of BELLATRIX Corporate, simplified joint stock company, capital 81 076 €, whose Head office is located 584 Chemin de La Bastide du Gendarme 13880 Velaux, registered on the Trade and Companies Register of Salon de Provence under the N°812 707 560. Intracommunity VAT Number FR 47812 707 560. e-mail: [email protected]

GENERAL
This General Term and Conditions of sales govern all offers, sales contracts, deliveries and services based on any orders by our customers through our website www.iweech.com. It includes all orders by telephone, e-mail, fax, or mail. Moreover, all sales during a trade show shall also be governed by these General Terms and Conditions insofar as they do not specifically regard distance selling.

The products in the website are directed to both Consumers and Business Customers. In each case those terms apply only to end users. For the purpose of these General Terms and Conditions, a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity and a “Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity. Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
Bellatrix has the possibility to modify or adapt the General Terms and Conditions at any time. In this case, the applicable General Terms and Conditions are those settled when the order had been recorded.

iweech delivers exclusively in France, Belgium, Germany, UK, Italy, Portugal, Spain, Switzerland, Luxembourg & Netherlands. If you submit a delivery address outside of these countries, iweech reserves the right to decline the order.

This General Terms and Conditions are issued by Bellatrix SAS for iweech

CONCLUSION OF CONTRACT
All our products published in www.iweech.com are non-binding. To be able to place an order, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address. If it comes to iweech’s attention that an order is made by a minor, iweech reserves the right to decline the order.
iweech describes in a clear, complete and accurate way the products it sells to customer, as well as the steps of the delivery process.
By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions and of the iweech app’s conditions of use and of iweech’s data protection policy, which are available on our website.), the Customer makes a binding offer to purchase the product. Afterward we will send an e-mail to the Customer to confirm the reception of the order, which is not an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
Any Customer who is a Consumer shall be entitled to revoke the offer. He has the possibility to return the product in accordance with our cancellation and return policy. Our return policy is attached to the e-mail confirmation of your order. If a problem occurs with the bike, we’ll send a cost estimate for repair work right after having received the bike. The Customer has to declare within two weeks after receipt of the requested cost estimate whether he wants to accept or decline our offer. Without any answer, we will provide an appropriate grace period of one week. After the expiration of the grace period, we will assume that the Customer declines our offer and we will in this case return the product and charge the client for the transport costs.

ORDERS
Any order validated by the customer constitutes an irrevocable acceptance of the sales contract, which can only be discussed within the limits stipulated in the GTC. Bellatrix reserves the right to cancel the contract of a customer with whom there is a dispute. The accuracy of the information provided by the customer when ordering commits the latter: in case of error in the information, including the address, the email address and the name of the customer, Bellatrix will not be responsible for the impossibility of delivering the product. Any delivery made to the address indicated by the customer will be considered perfect. In the case of late shipping due to lack of information or error made by the customer, the costs incurred by this experience are billed to the customer.

PRICES
The applicable prices are those in force at the moment of the conclusion of the purchase agreement. All the prices in the website are in Euro and include statutory VAT. Our prices are net of shipping costs. For delivery in non-EU countries prices are in Euro and do not include VAT. The customer himself supports all customs duties and similar charges (depend of his country). The payment of the shipping costs will be charge to confirm the order, unless expressly otherwise specified by us (shipping costs included). The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision. iweech explicitly states in its price offer when it is only valid for a constrained period or is subject to specific conditions other than those set out in these conditions of sale

PAIEMENT
Terms
All the payment is made online during the purchase of the product. You can use different type of payment: credit/debit card, Visa, Mastercard, Amex… wire or direct payment to our bank

The customer ensure that he can use the payment method he has chosen. Bellatrix reserves the right to stop and cancel an order, or delivery, whatever its nature and level of execution, in case of non-payment of the amount that would be due by the customer or in case of payment incident.

Security
Payments made on the website are fully secured. Bank details (credit card number and expiry date) provided by the Customer are in no way transmitted. Thanks to the technical characteristics of the encryption software used on our website, the customer’s bank details cannot be intercepted by third parties. By providing bank details, the customer agrees in advance and without any condition that Bellatrix operates the secure payment. The customer therefore authorizes his bank in advance to debit his bank account. The debit authorization of the Customer’s account is always given for the number of products purchased as invoiced by Bellatrix.

Fraud control
Further than the bank controls, Bellatrix control some orders, and could be granted to ask all the documents needed to confirm the order.

Payment in 3X, 4X or deferred payment by credit card with our partner FLOA Bank.
Our financial partner FLOA, offers payment solutions for your purchases of goods and/or services, in deferred payment, in 3 or 4 instalments by credit card without any fees. These payment solutions are reserved for individuals (natural persons of legal age) residing in Metropolitan France, holding a Visa or MasterCard bank card with a validity date corresponding to the duration of the refund. FLOA Bank, a public limited company with capital of €46,842,400, registered in the Bordeaux Trade and Companies Register under number 434,130,423, whose registered office is located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300) and which is subject to the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) at 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09, France, and which is registered with the ORIAS (French acronym for “Office for the Supervision of the Financial Markets and Insurance Supervisory Authority”), with the following registration number: 07 028 160 (www.orias.fr)

FLOA BANK reserves the right to accept or refuse your application for financing; you have a cooling-off period of 14 calendar days in which to withdraw. For more information, click here.
Please note that if you request to pay for your order for goods and/or services using these payment solutions, your personal data will be passed on to FLOA BANK for the purpose of processing your financing request, managing your credit agreement and, if applicable, for collection. For more information, click here.

DELIVERY
Methods
Bellatrix chosen carriers make all deliveries. The maximum delivery time is 30 days from the confirmation of the order by the customer, unless otherwise specified by the customer before making the order and before its final validation. The delivery time will be confirmed in the order confirmation email sent to the customer. The products are insured until delivery by hand. The customer shall verify the product and notice any damage. Any damage must be reported to the carrier within 24 hours. You will then receive a confirmation of your damage report, which you will have to return to us with a copy of the original invoice and the bike in the original packaging. Otherwise you have the possibility to refuse the product; in this case, the carrier is responsible of the return.
If the product cannot be delivered or if it cannot be delivered on time, we will inform the customer without delay. In case of late delivery, we will agree with the customer a new delivery time. If the product is not available in a short time and therefore prevent any delivery within a reasonable time, we are entitled to resolve the contract of sale.
The customer can cancel the contract in writing on a durable and substantiating medium if, after having asked our company to proceed with the delivery within a reasonable additional time, we did not execute it within this period. The contract is considered resolved after reception of the document informing us of this resolution, unless we have made delivery in the meantime. In case of contract termination in the aforementioned cases, we refund the customer the sums he has paid, within 14 days. The customer’s late delivery rights are not affected by the previous provision, however, the customer cannot claim damages (refer to the conditions set out in the “RESPONSIBILITIES” section).Le client peut résilier le contrat par écrit sur un support durable et fiable si, après avoir demandé à notre société de procéder à la livraison dans un délai raisonnable supplémentaire, nous ne l’avons pas exécuté dans ce délai. Le contrat est considéré comme résolu après réception du document nous informant de cette résolution, sauf si nous avons livré le produit entre-temps. En cas de résiliation du contrat dans les cas susmentionnés, nous remboursons au client les sommes qu’il a payées dans un délai de 14 jours. Les droits de livraison tardive du client ne sont pas affectés par la disposition précédente. Toutefois, le client ne peut pas réclamer de dommages et intérêts (se reporter aux conditions énoncées à la section “RESPONSABILITÉS”).
Shipment and Reception
Upon delivery, the customer is required to sign the delivery note. This delivery note constitutes the proof of receipt of the order. The person who physically receives the order is responsible of indicating on the delivery note, in a comprehensive, specify and detailed manner, all the reserves he express about the product. In case of visible defects, the customer has the right to return the product under the conditions provided below. In case of anomaly, the customer must inform Bellatrix iweech as soon as possible by any means. The customer retains his right to request the application of legal warranties.

TRANSFERT OF RISKS & OWNERSHIP
The risk of disappearance, degradation or accidental loss of delivered goods is transferred to the customer upon physical possession of the goods by the latter or a third party designated by him. Before that, the transport company supports the risk. The transfer of ownership of the products, to the client’s benefits, will be realized only at the moment of the delivery of these products.

RIGHT OF WITHDRAWAL
In accordance with Article L.221-18 of the french Consumer Code, the Customer has a period of thirty days from the date of receipt of the order to exercise his right of withdrawal, without having to justify his decision, nor any other costs than those provided for in Articles L. 221-23 to L. 221-25. The product must be returned, preferably with acknowledgment of receipt, to the following address: Bellatrix SAS 1 rue Cadolive 13004 Marseille .
He will have to send it to this address within 30 days. Return shipping costs will be the sole responsibility of the Customer. Bellatrix is not responsible for lost returns. The product must arrive in perfect condition for resale, without sign of use, with all its accessories, instruction manual and original packaging. The conformity of this return will be checked and validated upon receipt. Bellatrix will refund the sums paid by the customer, free of charge, with the exception of the cost of return.
To exercise your right to withdrawal, you can fill out the form in annex (or make a similar unequivocal statement) and send it by mail or e-mail as indicated under preamble above. We will send you an acknowledgement of your withdrawal.

LEGAL GUARANTEES
Regardless of the commercial warantee below, we remain bound by the legal guarantee of conformity mentioned in articles L. 211-4 of the French Consumer Code and the legal guarantee involving latent defects defined in article 1641 of the French Civil Code.

Conformity guarantees (extract from the French Consumer Code):
Article L211-4 of the Consumer Code: “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, mounting guidelines or installation, if the contract mention the consumer responsability or if the product has been carried out under its responsibility “.

Article L211-5 of the Consumer Code: “To be in conformity with the contract, the product must:
-Be fit for the usual expected use of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or a model ; Present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
-Or presenting the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted “. Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good”.

Legal guarantee involving latent defects (extract of the French Civil Code):
Article 1641: “The seller is bound by the guarantee for reasons of hidden defects of the thing sold which makes it unsuitable for the use for which it is intended, or which reduce so much such use that the buyer would not have acquired it, or would have given a lower price, had he known it.

Article 1648: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect”.

It is recalled that, when acting as a legal guarantee of conformity, the customer:
– benefits from a period of two years from delivery of the property to act;
– may choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L211-9 of the Consumer Code;
-is exempted from reporting the proof of the existence of the lack of conformity of the good during the 6 months following the delivery of the good. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted. The customer can therefore decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code.

In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code. If the supplied goods have a lack of conformity, the customer may demand the elimination of the defect by the repair of the product, or by the delivery of a free of defect goods . We may refuse the choice of the customer if this choice has a cost that is disproportionate with regard to the other modality, given the value of the property or the size of the defect. We have then the obligation to proceed, except impossibility, to the modality not chosen by the customer. If the repair and replacement are impossible, the customer can return the goods and get the price back or keep the goods and get a part of the price back.
The same faculty is open to him if:
-The solution requested, proposed or agreed in accordance with the paragraph COMMERCIAL WARRANTY cannot be implemented within one month of the complaint of the customer.
-This solution cannot be chosen without major inconvenience for him, taking into account the nature of the goods and the use that it seeks.

The cancellation of the sale cannot however be pronounced if the lack of conformity is minor. In addition, the specific provisions of the LIABILITIES section of these general conditions apply to claims for damages made by the customer.

COMMERCIAL WARRANTY
In addition to the legal guarantees, we provide our customers a 5-year commercial warranty from the date of delivery for all models. This warranty covers frames, forks, and stems of all models, excluding bearings, calipers and levers, pedals, fenders, luggage rack, lighting, leather and textile items (handles and saddle), tires, wheels, belt and paint or anodizing damage.

We are able to offer our customers spare parts necessary for the use of our products, at least until the expiry of the legal guaranty period. However, we reserve the right, in the event of unavailability during this period, to offer equivalent or superior spare parts.

Without affecting the rights of the customer arising from the legal warranty, the following additional terms apply to the commercial warranty we grant:
-The commercial warranty does not apply to defects caused by improper or inappropriate use by reference to the conditions of use presented on our website for the product concerned, such as: Product negligence (inadequate maintenance), Modifications of the frame or the fork (eg engravings or paintings), Addition or transformation of additional components not expressly approved by us, Replacement of the components assembled by us by components of different nature, Fall, Overload, Jumps, Other constraints excessive.
-Our commercial warranty applies only to the first purchaser of the product (“first-hand buyer”).
-In accordance with Article L. 211-16 of the Consumer Code, when the customer requests, during the course of the commercial guarantee, which has been granted to him, a restoration covered by the guarantee, a period of immobilization of at least 7 days is added to the duration of the guarantee that remained to run.

DISPUTE AND APPLICABLE LAW
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to the French Law. If the present general conditions of sale are translated into one or more foreign languages, only the French text will prevail in the event of dispute. This provision shall not, however, preclude the application of the mandatory protective provisions of the consumer provided for by the French Law which cannot be derogated from by agreement. If the customer would have complaints concerning iweech’s products, he should not hesitate to contact Bellatrix/iweech as indicated under preamble section above.
In case of difficulties in the application of the GTC, the customer has the possibility, before any mediation and any legal action, to seek an amicable resolution with the help of a professional association, an association of the European Online Dispute Resolution Service (https://ec.europa.eu/consumers/odr) or any other organisation of his choice. In the absence of an amicable resolution, the Client can ask for free the help of the mediator Medicys (73 boulevard de Clichy, 75009 Paris, website https://www.medicys.fr/). It is recalled that as a general rule, and subject to the discretion of the Courts, compliance with the provisions of the GTC relating to the contractual guarantee assumes that the customer honors its financial commitments to Bellatrix. Any dispute that cannot be resolved amicably, will be handled by the courts of the place where Bellatrix SAS remained at the time of the conclusion of the contract.

LIABILITY
Bellatrix assumes the responsibility towards the customer concerning the products sold, in accordance with the current regulation. The responsibility of Bellatrix cannot be questioned for minor variations that could have persisted despite all the precautions taken in the representation of the products. We assume no liability (for any reason) for damages due to a customer action (including improper use of the goods by the customer), or unpredictable and insurmountable fact of a person who is not a party of the contract or in a case of force majeure. The liability does not apply in case of theft or serious negligence of the customer or a person who is not party of the contract. If Bellatrix is unable to fulfil any of its obligations towards the Client due to force majeure, these obligations shall be suspended during the force majeure situation. Events of force majeure are all circumstances external to iweech’s will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others: strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the web shop, late delivery or absence of delivery by suppliers or other third parties. Claims for damages from the customer due to apparent defects in the goods delivered are excluded if the latter does not notify us of the defect within two weeks after delivery.
To the extent permitted by applicable law, we are not liable for any harm resulting from our products, unless in the case of intentional fault. Our liability is in any case excluded for indirect damages such as damages resulting from an accident, loss of income, loss of productivity and loss of data, or for moral damages such as reputational damage. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.

PRIVACY – PROTECTION OF PERSONAL DATA
These General Terms are subject to the provisions of European regulation 2016/679 of 2016 April, 27th on the protection of individuals with regard to the processing of personal data and the free flow of such data, as well as those of Law No. 78-17 of 1978 January, 6th relating to computers, files and freedoms and any other applicable regulations in the matter that would complement or replace them later. The law n ° 2018-493 of June 20th, 2018 relative to the protection of the personal data brings many modifications to the article 11 of the law n ° 78-17 of January 6th, 1978, and the present GTC are from now on subjected. The personal information and personal data concerning the Customer are necessary for the management of its orders and the commercial relations between Bellatrix and this one. These data are: Name, Address, Phone Number, Email Address, Credit card number, IP Address. In the absence of such information, Bellatrix will not be able to provide its service. This information can be passed on to companies that could take part of these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This GTV are compliant with our Privacy statement available on iweech.com

This information and data are kept by the company for security purposes, in order to comply with legal and regulatory obligations. It can be used by Bellatrix to provide the customer with promotional offers, for statistical and anti-fraud purposes, for the legitimate interest of commercial development, technical improvement of its systems and the knowledge of its customers and finally, where appropriate with the consent of the customer, customization services through advertising. Depending on the choices made during the creation or consultation of his account, the Customer will be likely to receive offers from Bellatrix. The customer has the option to unsubscribe Bellatrix newsletters at any time either by clicking on the link present in all emails or by going to this address [email protected]
Customer evaluations and the customer’s alias may be visible to any visitor of the website. The client undertakes to comment and evaluate Bellatrix’s services in an objective manner and acknowledges that he is aware of being liable to prosecution, particularly in the case of defamatory, slanderous and / or misleading comments. The customer can also consult and modify his personal data in his customer area. The customer has a right of access, modification, opposition, portability, limitation and suppression of the information concerning him, as well as to define directives concerning the fate of his personal data in the event of death, that he will send by simple mail to Bellatrix/iweech:
BELLATRIX – Customer Service
22 avenue de St barnabé 13004 Marseille
Or by email at the following address: [email protected]
The Customer finally has the right to lodge a complaint with a supervisory authority.

INTELLECTUAL PROPERTY
The website www.iweech.com, the entirety of its content and all the elements constituting it are the property of Bellatrix and are creations for which Bellatrix holds the full intellectual property rights and/or exploitation rights, in particular under copyright, database law, trademark law, and design law. The website, as well as software, databases, texts, information, analyzes, images, photographs, graphics, logos, sounds, user contents or any other data present on the website, remain the exclusive property of Bellatrix or the property of their respective holders. The customer can have online access to the data and information present on the site, and may, for strictly private use, print them or save them for a purchase or a purchase project. Any other use of the website, especially commercial, on the part of the customer, is prohibited. It is forbidden in particular to reproduce and/or represent for a use other than private, to sell, distribute, transmit, translate, adapt, diffuse and communicate in any form whatsoever, any element, information, or data from the website. In addition, the Customer is prohibited from introducing, by any means whatsoever, data likely to modify or affect the content or presentation of the website. Any hypertext link to the website must first be expressly authorized by Bellatrix. In addition, any hypertext link even authorized expressly by Bellatrix must be withdrawn at Bellatrix’s first request.

FINAL PROVISIONS
If, irrespective of the reason, a provision in this agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.
An omission or a negligence in enforcing a provision of these conditions does not imply a waiver of such provision.

Annex – Model withdrawal form
“MODEL WITHDRAWAL FORM” (complete and return this form only if you wish to withdraw from the contract) – To Bellatrix SAS 22 avenue de St barnabé 13004 Marseille
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), – Ordered on (*)/received on (*), – Name of consumer(s), – Address of consumer(s), – Signature of consumer(s) (only if this form is notified on paper), – Date (*) Delete as appropriate.