General terms of sale of CGMOTO
CGMOTO works in compliance with the mail-order rules in the following points:
-Implementation of guarantee and after-sale service;
-Information on delivery times and products' availability;
-Settlement of disputable questions;
-Products and services information;
-Commitment to Data Protection;
-Legal period of retractation: 7 days;
These conditions enter into an agreement between CGMOTO Registered number 53181304600012, with a head office at 11, Rue Paul Morillot 06500, Menton, called "CGMOTO" and the Clients desiring to make purchases via the website of CGMOTO www.cgmoto.com called "Customer". These conditions only refer to non-trading individuals. Both contracting parties agree that their relations will be completely governed by this contract, thus excluding any conditions which might have previously been in this site. If a situation which is not provided in this agreement occurs, it would be considered to be governed by the laws in force for the companies in England.
1. - OBJECTS
These terms and conditions are intended to define the trade relations ( the business dealings ) between the Customer and CGMOTO, governing all stages of order as well as the services which include payment and delivery.
2. - HEAD OFFICE
CGMOTO Siret 53181304600012
11, Rue Paul Morillot 06500, Menton
Tel.: +33(0)972 16 96 22 - Email:firstname.lastname@example.org
3. - TERMS ACCEPTANCE
At the time of the order, the Customer acknowledges that he has read and agreed to the conditions and terms fixed in the site www.cgmoto.com. Each order shows that the Customer has fully accepted them. Once accepted they will govern the future contractual relations between the Customer and CGMOTO without reservation. These terms and conditions of sale shall carry more authority than all other terms contained in any other document, unless another agreement or stipulation has been made in advance. If the Customer enrolls a credit card number online, his order will be considered completely validated in confirmity with the provision of the Act of March 13-th, 2000.
4. - ORDER
Our systems for automatic enrolment are considered as a valid proof of the nature, content and date of order. CGMOTO will confirm the Customer's order with a message on the e-mail address he has provided. The sale is considered to be started since the moment of receiving a validation message. CGMOTO reserves the right to cancel or refuse orders from a Customer with whom there is a dispute concerning the payment of a previous order. The Customer has to place all his data correctly, so in case of an error in the address of consignee, CGMOTO cannot be held responsible for the products' undelivering.
5. - PRODUCTS
Photographs, diagrams, drawings, illustrating the products are not included in the contract. In no circumstances CGMOTO can be held responsible if mistakes are made. The items sold are described and presented with great accuracy in our online catalogue. If there are mistakes despite these precautions, CGMOTO is also not responsible for them. All products in the online catalogue are adaptable to all the different motorbike models, and should be never considered as "original parts" of the machine brand or machine model, quoted for reference.
6. - PRICES
VAT and all other taxes are included in the final price of the product. The Customer is able to form the total price online by calculating the value of the item, costs of handling, packaging and transportation fees. All the offered products and services as well as their prices in euro are valid only within the limits of the market. If one or more rate happens to change up during the season, these changes can influence the total price of the items. A detailed invoice will be sent to the customer with its package. CGMOTO reserves the right to change the prices in its catalogue.
7. - DELIVERY
The delivery of the item will be made by the chosen by the Customer carrier. If he suspects a break down, the Customer can verify the proper functioning of the device after reading the instructions of use in the leaflet which is provided. In case of defects, the Customer will have the right to return the products according to the procedure described in it. The time of delivery starts passing since the date the order has been sent. We are not in charge of delivery delays when they are caused by force major or events which seriously hamper ( impede ) the provision of the items or make it impossible, for example war, revolt, fire, strike, accident or legislative orders. Such events gives us the right to prolong the delivery term with the time the event lasts ( continuation of the event ) or refuse to implement the contract fully or partially. Goods always travel at the risks of loss and perils of the consignee. That is why the Customer must verify the presence of the item in the package brought by the carrier. In case of an evident damage during the transportation or a torn package the Customer must not take the package at all. If it is in stock, an item can be delivered to the customer several times. If the Customer desires to have his goods delivered in two different destinations, he must make two separate indents with united delivery fees. CGMOTO will meet the received indents only within the range of products available in stock. If the item indented has run out of stock, CGMOTO will inform the Customer as soon as possible.
8. - DELIVERY DELAYS
CGMOTO engages to make the delivery of orders quickly. The forwarding of the items generally takes place within the period of the preparation of the order, after it's validation when the payment is made by credit card and after a bank acceptance when the payment is made by bank cheque. The period for the preparation of the order is written next to each product in the page with the product details.
- Indents made during a feast-day or a feast-day eve will prolong the delivery time with a day;
- The same is valid when it is the time of the inventory we make every year the dates of which will be listed in the site several days before;
- In extreme situations the accomplishment ( implementation ) of the delivery might be hindered by outer factors. In such cases delivery delays are also likely to happen;
The acceptable terms of delivery is the sum of the preparation period and the delivery period, which can be seen in the cart. (except Sundays and feast-days);
9. - PAYMENT TERMS
The Customer can make a secured payment by credit card (Visa, Mastercard). When the way of payment is accepted, the order is registered. If the indented item has run out at that time, CGMOTO obliges to provide a date when it will be available, offer an equivalent or similar product or refund the sum paid for it. The order validated by customer is real only when the central network of bank cards has given its consent. In case of a repudiation, CGMOTO reserves the right to cancel the order and stop its dispatching. In these cases, the customer will be contacted by e-mail or by telephone as soon as possible. All data related to the credit card is kept only for the period of processing the order. The Customer`s account is debited with the price of the number of items and the transportation costs the very day he makes the order.
10. - SECURE PAYMENT
Credit card transaction is secured by the Payline system of the Bank Popular or by PayPal.
11. - RETRACTATION
The customer has 7 days to retract the order. If he requires ( insists on ) an exchange or refund of a product, he returns it by post at his own expense, sending it in its original packaging, intact, together with all accessories, instruction guides and documents to the following address: CGMOTO - 11, Rue Paul Morillot 06500, Menton. Promoted products given with ordered items must also be returned. Otherwise, their value will be deducted from the refund of customer. CGMOTO is not responsible for the loss of returned packages. In case of a retractation, CGMOTO must repay the sum paid by customer, except the costs of return. The repayment is owed within a maximum period of 15 days. Packages sent against immediate repayment will be systematically refused. If the customer returns the package without having opened it, CGMOTO reimburses the whole sum of the package together with the costs of sending back. If the User asks for replacing the product simply because it does not fit, or only for his personal convenience, CGMOTO reimburses the sum of the product but the costs of return are at his expense. The customer can either replace his product or be reimbursed. In case of an impossible replacement, CGMOTO will offer:
- an equivalent model;
- repayment of purchasing (excluding postage costs);
12. - PRODUCTS GUARANTEE
All products of CGMOTO benefit from the producer`s guarantee. This guarantee is restricted to products subject to their normal use and is added to the legal guarantee application in case of eventual defects in the items sold (Section 1625 followed by the Civil Code). If the delivered product does not correspond to the quality described, one of the guaranteed properties appears to be lacking or there are industrial defects within the limits of the guarantee period, we ought to provide a substitute or make improvenments.If the Customer registers hidden defects, CGMOTO undertakes to carry out a subsequent repair ( Section 1648 of the Civil Code ). The Buyer is obliged to examine for visible damage of the items delivered immediately after receiving them. Defects are excluded from guarantee when they might be caused by:
- an attempt of the Customer to reconstruct the defect himself - such an intervention is not reccomended;
- failure to comply with the instructions of the product use and maintenance provided by the producer in the leaflet;
- Incorrect or missing instructions in the guide of use and maintenance of the device;
- Non-use of the product as intended;
- Emergence of the defect caused by outer factors;
- The Buyer is obliged to examine for visible damage of the items delivered immediately after receiving them. By taking the purchased product from the carrier you certify that the content of your package has not been damaged during the transportation. In case of a torn package you must not take it from the carrier at all.
13. - DISPUTES
If the Customer questions the legal right for our products to be sold on the market, or casts suspicion on its safety use, he must file in a petition to his insurer. The Customer's insurer must draw up a record and set up a claim to the insurer of CGMOTO or CGMOTO itself.
14. - PERSONAL DATA
The accurately enrolled personal data is required. This information is essential for the processing and delivery of orders as well as the issuance of invoices. In case of incorrect personal data, the order will not be validated.
15. - POLICY OF DISCRETION.
It is possible for the Customer to be informed of CGMOTO offers by mail, by telephone or by post. If the Customer does not want to receive such information, he can simply contacts us (giving us his name, surname and address).
- by mail at email@example.com
- by post at CGMOTO 11, Rue Paul Morillot 06500, Menton
For commercial reasons, CGMOTO can transmit to its partner the data and the address of the serviced users. In this case the Customer has the right to insist on erazing the information file from the system of CGMOTO. The Customer`s address enables us to send his order and invoice in time. His telephone number allows the personnel from our customer service centre to contact him and tell him the bill of lading number or another information related to his order. The Customer's e-mail address allows CGMOTO to confirm his order and answer all his questions. The Customer`s bank information (credit card number, its date of expiry) is coded. It is not accessible for anybody as well as for ourselves.
16. - GOVERNING LAW AND JURISDICTION
All the terms of this Contract are in accordance to the British law.
17. - PRESERVING AND ARCHIVING OF BUSINESS TRANSACTIONS
The archiving of purchase orders and invoices is steady and permanent and is made in accordance to Section 1348 of Civil Code.
18. - EVIDENCE
The computerized registers, preserved in the computer systems of CGMOTO and its partners under a complete secrecy will be considered as a proof of communication, orders and payments between the parties.
19. - PERIOD OF APPLYING THE GENERAL TERMS OF SALE
These terms are applied during the whole period of online services offered by CGMOTO.
20. - ENTIRETY
If one of the clauses of this Contract happens to be slightly changed by the legislation, this change in no way can affect the applying of the general terms of sale.
21. - IP
All elements of the site of CGMOTO, which are visual or auditory, including the underlying technology are protected by copyrights, trademarks or patent. The elements are a reserved property of the CGMOTO company. If the User desires a personal use of some of the elements in this website or needs a simple link referring directly to the home page of site www.cgmoto.com he must ask for the permission of CGMOTO. Any use of the elements and technologies of the website design is strictly prohibited.
22. - RESPONSIBILITY
CGMOTO can not be held responsible for body injuries or damage to clothes during the mounting of the items purchased. The items are reccomended to be mounted on Your bike by a motorcycle repairer. While you are opening the product package, you should take the necessary steps in making sure that its contents will not be damaged. We suggest you to open the package gently on the floor.
CGMOTO is also not responsible for any inconviniences which might appear during all the stages of accessing the site or during the order processing, such as a stoppage ( an interruption ) of a service, presence of viruses on the Internet or any other facts due to force major circumstances.