The access to the sales organized on the www.shop.gmt94.com site published by the company Guyot Motorcycle Team implies without reserve the acceptance of the following provisions:
Article 1 – Company
Guyot Motorcycle Team (GMT) is a limited liability company whose head office is located 9 Rue des Chalets, 94200 IVRY SUR SEINE, and recorded with and the Company Trade register of Creteil under number RCS38494253800016, intracommunity n° VAT: FR43384942538
Shelterer: OVH Hopper, 2 rue Kellermann -59100 Roubaix – France
Article 2 – General information
The present general terms of sale of company GMT define the rights and obligations of the parts within the framework of the product sales and services by GMT in the Members of the www.shop.gmt94.com Website (indicated hereafter by “the Website”).
The Member states to have taken some knowledge and accepted the related rights and obligations there. Any order made on the Services is governed by the present conditions.
Article 3 – Terminology
The whole of the services (product sales manufactured) proposed by GMT on its www.shop.gmt94.com Website are indicated hereafter by “the Services GMT” or “the Services”.
The Services are offered in Metropolitan France and French language.
Each natural person or morals, major and able, wishing to profit from the Services of GMT and which will satisfy the present general terms will be named hereafter by a “Member”.
Each acquisition or reservation of a product or a service carried out by a Member on the Website under the conditions envisaged under the present General terms of Sale will be named hereafter by “the Order”.
Article 4 – Methods of Order and price
4.1. The Members have the possibility of ordering according to only one method, by Internet with www.shop.gmt94.com
4.2. The Member guarantees that it is fully entitled to use the credit card provided for the payment of his Order and that this credit card gives access to sufficient funds to cover all the costs resulting from the use of the Services of GMT.
4.3. While clicking on the button “To buy”during the process of Order, and after having checked in his “shopping cart” the contents ofthe Order and, if necessary, to have modifiedit, the Member states to accept fully and without reserve the entirety of these General terms of Sale.
After having confirmed the contents of his Order, the Member will definitively validate it by the payment. The Order will be final only as from the payment of the corresponding price.
www.shop.gmt94.com will systematically confirm the Ordering of each Member, then his forwarding by e-mail.
4.4. The price all-inclusive of tax of each product or service is indicated in corresponding product description or service.
The forwarding costs of the Ordering of the Member will be indicated to him before the final validation of this one. Moreover, once the validated Order, the prices and expenses will remain accessible in the topic “my account” from the Website.
For the deliveries and performances of service apart from the French territory, the provisions envisaged by the General Tax Code compared to the VAT will be applicable.
4.5. The non respect by the Member of the obligations subscribed under the present General terms of Sale, and in particular concerning any incident of payment of the price of an Order, will be able to involve the suspension of the access to the Service of www.shop.gmt94.com, even the cancellation of its account of Member according to the degree of gravity of the intrigues in question, without prejudice to all damages which company GMT could request. Consequently, GMT reserves the right to refuse any Ordering of a Member with whom would exist such a litigation.
Article 5 – Conformity of the products or services
5.1. The information mentioned on each card-product, is those communicated to GMT by thesuppliers nearby whose the products orservices are acquired.
GMT will make its best efforts so that the photographic representation of the products or services on the Website is most faithful possible to the products or services in themselves. However, in view of digital mode of presentation of the products or services on Internet network, it is possible that perception by the Member of the photographic representation of the products or services does not correspond exactly to the product or service in itself.
5.2. In the event of nonconformity of the product or service delivered to the Member, the Member will be able to turn over it to company GMT
The Member will be able to ask GMT:
- – That is to say to be delivered of a product or service identical to that ordered, within the limit of stocks available;
- – That is to say to be delivered of a product or high quality service and equivalent price, within the limit of stocks available;
- – That is to say to be refunded price of the product or service ordered in the 30 days following the request of the Member.
5.3. In any event, these provisions do not deprive the Member of the benefit of his right of retraction, as framed by article 8 of these General terms of Sale.
Article 6 – Availability of the products and services
In the event of an unavailability total or partial of product or service after placing of the Order, the Member will be informed by e-mail of the delivery of an order partial or cancellation of his Order.
Pursuant to the provisions of the article L 121-20-3 of the Code of Consumption, in the event of unavailability of the product or the service, the Member has faculty then:
- – That is to say to be delivered of a product or high quality service and equivalent price, within the limit of stocks available;
- – That is to say to be refunded price of the product or service ordered in the 30 days following its request.
Article 7 – Right of retractation
7.1. Perimeter
Except exceptions indicated below as within the framework of the event-driven sales, all the marketed products or services profit from the clause “satisfied or refunded” during seven clear days as from the delivery date in accordance with the provisions of the article L121-20 of the Code of Consumption.
Indeed, certain products and services defined in the L.121-20-2 article of the Code of consumption cannot be the object of the right of retraction of the Member, the products or services concerned will be indicated to the Members during the sale in any event.
It acts particularly:
- – products packed under blister pack.
Indeed, except if the latter were not loosened (withdrawal of the blister pack of protection), these products being delivered could be neither turned over to www.shop.gmt94.com by the member nor to be the object of refunding of the member by GMT.
- – products which because of their nature cannot be reforwarded or are likely to worsen or to expire quickly.
These products get along in particular, within the meaning of jurisprudence, of the foodstuffs or liquid.
- – Supplies of newspapers, periodicals or magazines;
- – Lastly, products made according to the specifications of the Member or definitely personalized.
7.2. Methods
Prior to any return of a product or retraction of a service, the Member will have to indicate his intention by the means of the topic“contact” on the www.shop.gmt94.com Website.
This right is exerted by the reference of the product at company GMT at the address indicated to article 9, or for the services according to the specific procedure of the service which will be indicated on the Website.
The refunding of the Member will be carried out within thirty day as from the reception by GMT of the request for exercise of the right of retraction by the Member, under the reserve which the product or service was restored with GMT.
The expenses and risks related to the return of the product are the responsibility of the Member.
The return of the products or services will cause an equal refunding at the cost of purchase of the product (S) or service (S)bought (S). Refunding thus does not understand the possible expenses of delivery.
Article 8 – Methods of reference of product orservice by the Member
To be able to profit fully from the conditions of article 5 “Conformity” and those of article 7 “Right of Retraction”,
the Member must turn over the product or service to GMT:
- – subject to have obtained a number of return via the topic “contact”;
- – at the address following:
GMT94 – service returns
16 rue Richaumoine
86170 Neuville of Poitou
FRANCE
- – correctly protected, in its packing of origin, a perfect condition of resale (not damaged, damaged or dirtied) accompanied by all possible accessories, notes of employment and documentations,
- – accompanied by the sale invoice in order to allow the latter to identify the member (n°order, name, first name, address).
- – without the product or service obviously not being the object of a durable use (beyond a few minutes), namely that the products do not carry the brand of a prolonged use exceeding the time necessary to their test and are not in a state allowing their resale.
Article 9 – Payment
The regulation of the purchases is carried outto date by the Paypal on-line service.
The credit cards accepted to date are: CB,Visa and Master Card, Paypal.
The bank account of the Member will be output at the conclusion of a 4 days deadline following the date of the Order and this one will be regarded as effective after confirmation of the agreement of the centers of banking payment.
Article 10- Securisation
The payment module used on the site www.shop.gmt94.com is totally independent of the site and is subject to one of the most effective security systems currently in use. It has not only adopted the SSL (Secure Socket Layer) encryption process but also reinforced all the scrambling and encryption processes in order to protect all the sensitive data linked to the means of payment as effectively as possible. The site therefore never has access to confidential information relating to the means of payment. This is why the Member’s bank details are requested at each Order.
Article 11 – Delivery
11.1. Place of delivery Products or services shall be sent to the delivery address indicated by the Member during the Order process.
The contribution to the costs of logistical preparation and shipment is inclusive of VAT. All deliveries are announced by e-mail.
In the case of a partial shipment, a delivery note will be available in the package summarizing the products and/or services actually present in it.
www.shop.gmt94.com delivers the packages everywhere in France.
The Member must choose the place of delivery: at home, at the office, at a third party’s house, at the place of vacation… If the Member is absent at the time of delivery, a notice is normally left in the mailbox: it is then possible to collect the parcel at a post office within 10 days after the notice is left. If the parcel is delivered by carrier, a notice is also left in the mailbox of the address indicated by the Member during the Order. It is then up to the Member to contact the carrier to agree on a new delivery date.
If the above-mentioned deadlines are exceeded, the package will be returned to GMT. The customer service department will then contact the Member for a possible reshipment and without a response from the Member within a reasonable period of time will make a refund.
11.2. Delivery time The maximum delivery time is 30 working days from the date of the Order of the product or service, unless a specific stipulation is indicated to the Member prior to the placing of the Order as well as prior to the final validation thereof. In this case, GMT shall provide the Member with an estimated time range for the shipment of the Order. The average shipping time of the order is 5 working days.
11.3 Delay in shipment In such a case, the Member can contact the customer service of www.shop.gmt94.com, whose coordinates are indicated in the heading “contact” of the Internet Site and by selecting the object corresponding to its request.
The Member shall have the right to cancel his Order if it is not shipped within seven working days after the shipping date indicated by GMT, unless the delay in shipping is due to a case of force majeure as defined by the jurisprudence of the French Courts.
Within 30 working days following the Member’s request for cancellation, GMT shall request a refund from the Member’s bank.
11.4. Partial delivery The Member shall be informed by e-mail of the partial delivery of an Order. A second e-mail shall inform the Member of the delivery of the other products and/or services ordered.
11.5. Non-delivery The Member shall have the right to cancel his Order if the delivery of the latter has not taken place at the latest fifteen working days after the date of confirmation of shipment of the packages indicated by GMT, except if this delay in delivery is due to a case of force majeure as defined by the jurisprudence of the French Courts.
Within 10 working days following the Member’s request for cancellation, GMT shall request a refund from the Member’s bank.
11.6 Delivery Each delivery is deemed to have been made as soon as the product or service is made available to the Member, in particular by the carrier, as evidenced by the control system used by the carrier, such as the delivery tracking system proposed on the website of La Poste concerning “Colissimo”.
Without prejudice to the period of time available to the Member under his right of withdrawal defined in article 7 above, it is up to the Member to check the shipments upon arrival and to make any reservations and claims that would appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious traces of deterioration. The said reserves and complaints must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days following the delivery of the products, a copy will be immediately addressed to www.shop.gmt94.com.
11.7 Information on delivery terms
Lost package When a package leaves the warehouses of www.shop.gmt94.com, it can be forwarded either by La Poste (“Colissimo”) or by a carrier. The Member is informed by email as soon as the parcel leaves the warehouses of the mode of routing of his Order.
1/ In the case of a Colissimo shipment, the Member is informed of this departure by sending an e-mail
summarizing the products or services sent and informing of the tracking number allowing to know its evolution on the site www.coliposte.fr.
The Member will have to give his tracking number, mentioned in the e-mail that GMT will have sent him.
It then takes 2 to 5 working days to be delivered or to receive a delivery notice in the mailbox. From the moment the notice is deposited in the mailbox of the address indicated by the Member, the latter has approximately 10 days to collect it from the post office. If this period is exceeded, the parcel will be sent back to www.shop.gmt94.com. The customer service will then contact the Member for a possible reshipment and without any answer from the Member within a reasonable time will make a refund.
However, if 5 working days after the shipment of the parcel, the Member has no news of his or her Order, he or she must contact the post office closest to the delivery address indicated on the parcel.
If neither the post office nor the parcel tracker (www.coliposte.net) indicate that they have any trace of the parcel, the Member must contact GMT via the “Contact” section;
The Customer Service of www.shop.gmt94.com will then open an investigation with the services of the Post Office. The Member will then receive an e-mail indicating that an investigation is opened. The final response time from the Post Office to www.shop.gmt94.com is generally 14 working days.
- If the package is found, it is then sent to the Member: the reception procedure then follows its normal course (deposit of the package or notice of passage, etc. …)
- If the package is declared lost, www.shop.gmt94.com shall notify the Member and immediately proceed with the formalities for reimbursement of the Order corresponding to the lost package (products and shipping costs).
2/ In the case of a sending by carrier, the Member is informed of this departure by the sending of an e-mail recapitulating the dispatched products or services (the number of follow-up is then that of the order: VP….). It is then necessary to count 1 to 3 working days to be delivered Order. In the event of absence, a transit advice note is deposited in the letter-box at the address indicated by the Member:the contact of the carrier is then communicated to the Member who must then agree on an appointment while calling with the number indicated on the opinion. If the carrier cannot leave the transit advice note (addresses unknown, code carries not communicated…),he gets in touch with Just4Com to have the missing element of address near the Member. Without answer of this one, the parcel returns to www.shop.gmt94.com and a refunding is then carried out.
Article 12 – Warranties
12.1. Legal warranty (1641 and following civil code)
www.shop.gmt94.com, according to the choice of the Member, is committed either refunding the Member of the price of the product or service, or to exchange the product or service of the Member for a product or service identical according to stocks available, or to exchange to him a product or service for a product or high quality service and price equivalent according to stocks available in the event of delivery of a product not-in conformity (article 6 here before) and in the event of delivery of a product or service revealing a latent defect.
For any request for this type, the Member must then contact the Customer service by the means of the topic “contact” of the www.shop.gmt94.com Site
These provisions are not exclusive above right of retraction defined in article 8.
12.2. Contractual warranty
Certain products or services can cause contractual warranty and this one will be indicated on product description at the time of the event-driven sale on the www.shop.gmt94.com Website. These warranties are clearly detailed on their descriptive card andno Member will be able to ask to profit from warranty broader than that which is registered.
Contractual warranty thus granted by www.shop.gmt94.com being that usually granted by the supplier to his Members.
In the event of problem with a product or service, the Member must preserve the purchase invoice transmitted by www.shop.gmt94.com and address to the Customer service by the means of the topic “contact” which will inform him of the approach to be followed.
13.3. Exclusion of warranties are excluded from warranty the products or services modified, repaired, integrated or added by the Member or any other person not – authorized by of the aforesaid supplier produces or service. The warranty will not play for the apparent defects. The warranty will not take charges with them the products or services damaged during transport or of a misuse.
L211-4 article Codes consumption
The salesman is held to deliver a good in conformity with the contract and answers of the defects of conformity existing during the delivery. He also answers of the defects of conformity resulting from packing, the instructions of assembly or the installation when this one was put at its load by the contract or was carried out under its responsibility.
Foot-note: Ordinance 2005-136 2005-02-17Article 5: The provisions of this ordinance apply to the contracts concluded subsequently to its coming into effect.
Foot-note: Ordinance 2005-136 2005-02-17
To be in conformity with the contract, the good must:
1° – To be specific to the usually expected use of a similar good and, if necessary:
• to correspond to the description given by the salesman and to have qualities that this one presented to the purchaser in the form of sample or of model
• to have qualities until a purchaser can legitimately wait in view of public statements made by the salesman, the producer or his representative, in particular in publicity on labelling
2° – Or to show the characteristics defined by mutual agreement by the parts or to be specific to any special use searched by the purchaser, made available of the salesman and that this last accepted.
Foot-note: Ordinance 2005-136 2005-02-17Article 5: The provisions of this ordinance apply to the contracts concluded subsequently to its coming into effect.
L211-12 article Codes consumption
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 Civil code
The salesman is held of the warranty at a rate of the hidden defects of the sold thing which make it unsuitable with the use for which one intends it, or which decrease so much this use, which the purchaser would not have acquired it, or would have given only one less price of them, if he had known them.
Article 1648 subparagraph 1st Civil code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Article 13 – Modification of the general terms of sale
www.shop.gmt94.com reserves the right to modify the present General terms of Sale.
All new version of those will be announced beforehand on the first page of the topic “Helps”.
The Members who would not wish that the contractual relations be controls by the new version of the General terms of Sale applicable to all new Order, will have to notify it and, as from the date from which the new version will take effect, they will have to cease using the Services of GMT.
Article 14 – Personal data
www.shop.gmt94.com is committed not revealing with thirds the information communicated by the Members on the Website.
Those are confidential. They will be used by its internal services only for the treatment of the Ordering of the Member and that to reinforce and personalize the communication in particular by the letters/e mails of information as within the framework of the personalization of the Website according to the noted preferences of the Members.
www.shop.gmt94.com thus does not sell, does not market, and does not rent with thirds the personal data concerning its Members. www.shop.gmt94.com will be able to address to the Members information and commercial propositions of its partners.
It is left faculty to the Members to be opposed to it while forwarding to www.shop.gmt94.com an e-mail by the means of the topic “contact” of the website.
www.shop.gmt94.com can also provide statistics consolidated relative to its Members, its sales, structures of the exchanges and relating to information on the Website with thirds of confidence, but these statistics will not contain any personal data.
This article will not be able to prevent the transfer nor the transfer of activities to a third. Consequently, in accordance with the data-processing law and freedoms of January 6th, 1978, the Member can exert his right of access to the file and his right of correction or suppression for the information relating to it by addressing his request (by indicating e-mail address, name, first name, addresses postal), while going on the Website of www.shop.gmt94.com in the following topic “Contact” or by mail at the address: gmt94-blind 9 RUE DES CHALETS 94200 IVRY SUR SEINE
In the event of transfer of files in the event of transfer of activity to a third, GMT is committed to informing the Members beforehand of them.
Article 15. Various
15.1 On the assumption that any of the terms of the General terms of Sale would be regarded as illegal or incontestable by a legal decision other provisions will remain in force.
15.2 Pursuant to articles 1316 and following of the Civil code and, if necessary, the L.110-3 article of the Commercial law, the information delivered by the Website is taken between the parts. Elements such as the moment of the reception or the emission, as well as the quality of the received data will be taken by priority such as appear on the information systems of www.shop.gmt94.com, or as authenticated by the computerized procedures of Just4Com, except bringing of it the documentary evidence and contrary by the Member. The range of the proof of the information delivered by the computer systems of www.shop.gmt94.com that which is granted to an original within the meaning of a document writes paper, is signed in handwritten way.
Article 16. Right – Litigation
The present General terms of Sale in French language will be carried out and interpreted in accordance with the French right.
In the event of litigation, the Member will address himself by priority to www.shop.gmt94.com to obtain a friendly solution.
Failing this, the French courts will be only qualified.