TERMS AND CONDITIONS
These are the terms and conditions of sale of Prophecy BMX SAS, a company registered in France with company number 529 894 115 RCS and whose registered office is at Laval saint Roman (France, 30, Gard). These terms will apply to all your purchases of Goods, whether you are ordering on-line, by telephone or by mail. Please read this document carefully after printing it off or downloading it (if you are using the Internet) before placing your order. We may change these terms from time to time. Please check them before you make another purchase.
ARTICLE 1 - GENERAL
1.1 In these conditions:
1.1.1 "Consumer" means any customer who is purchasing outside the course of his or her business or trade;
1.1.2 "you" means the Consumer submitting an order for Goods;
1.1.3 "Goods" means the bicycle frames, parts and equipments to be supplied under these conditions;
1.1.4 "Party" means either you or us; "Parties" means you and us;
1.1.5 "Website" means www.prophecy-bmx.com;
1.1.6 "Writing" means letter, fax or email.
1.2 The contract for supply of Goods ("Contract") will be formed when you we accept your order by sending you a confirmation email. Acceptance of an order by us can only be made in Writing. All orders are subject to availability.
1.3 Orders may only be placed by Consumers and only if they are aged 18 and over.
1.4 In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such check. You confirm that you are happy for us to carry out such a check.
1.5 These conditions may only be changed in a document signed by one of our directors.
1.6 These conditions and any matters referred to on our order acknowledgement (as appropriate) form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.7 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.
1.8 By accepting the Contract you confirm that you are a Consumer.
1.9 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
1.10 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.
ARTICLE 2 - GOODS WARRANTY
2.1 If the Goods which you purchase from us are faulty or do not do what we say in Writing or on our Website (or on any specification for the Goods published by us) that they will do, you should notify us in writing within 24 months for frames (except paint problems which is 12 months) and 12 months for others parts (or, where the description of the Goods provided by us shows a longer warranty period, within that longer period) of collection for defects which are not apparent to you on an inspection of the Goods. The email contact is email@example.com. We will examine the Goods and, if the Goods are faulty or do not do what we say in Writing or on our Website (or on any specification for the Goods published by us) that they will do we will remedy the defect in question or replace the defective Goods or refund the price of the defective Goods. Please note that the return costs are your responsibility and you are free to choose the type of shipment.
2.2 The warranty in 2.1 above does not apply to faults which have been caused by your mis-use and/or neglect of the Goods or by accidents caused while the Goods are in your possession.
2.3 The warranty is valid worldwide and only the first buyer can benefit. The warranty is not transferable.
ARTICLE 3 - LIMITATION OF LIABILITY
3.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
3.1.1 Any losses which are not foreseeable by both Parties when the Contact is formed arising in connection with the supply of Goods and related services or their use by you;
3.1.2 Any losses which are not caused by any breach by us;
3.1.3 Business or trade losses; or
3.2 Our entire liability in connection with the Contract will not exceed three times the purchase price of the Goods in question.
3.3 Nothing in this Contract means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
ARTICLE 4 - PRICE
The price for the Goods and (if applicable) delivery is stated on our quotation or order acknowledgement (as appropriate). All prices are in Euros and are exclusive of VAT (excepted European Union in Euro including VAT).
ARTICLE 5 - PAYMENT
5.1 Unless we agree otherwise in Writing, you must pay for Goods on the Website prior to collection or delivery (as the case may be). Payment must be made in Euro.
5.2 Where you do not make any payment to us under the Contract by its due date then, we may, in addition to any other rights which we have under this Contract, with hold the Goods or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us.
ARTICLE 6 - DELIVERY OR COLLECTION OF THE GOODS
6.1 On the Website you must choose where you would like us to deliver the Goods writing your exact address of delivery. The price of your order will reflect the delivery charge where you have chosen to have the Goods delivered to you.
Delivery of the Goods
6.2 Where you have chosen the option of us delivering the Goods:
6.2.1 Some postal addresses may not be covered by our delivery services. You will be notified of this when you place your order by "checking your postcode".
6.2.2 We will deliver the Goods to the place designated by you in your own country in the accepted order or quotation, as appropriate, during normal business hours;
6.2.3 When your order is delivered you are advised to look for any damage to the packaging.
Damage to packaging MUST be noted on the delivery note next to your signature.
The customer is asked to examine the goods after delivery & notify his store of any fault or damage within 48 hours of signing.
6.2.4 The cost of delivery notified to the customer during the order is composed of:
- Administrative cost
- Packing of the parcel
- Delivery cost depending on weight and dimension of the parcel
ARTICLE 7 - RISK AND TITLE
7.1 Ownership of the Goods and the risk for damage to the Goods will pass to you upon either:
7.1.2 if you have opted for us to deliver the Goods to you, delivery of the Goods to you in accordance with clause 6.2 above.
7.2 If you fail to pay for any Goods in accordance with these conditions we may bring action against you for the price of the Goods at any time.
ARTICLE 8 - SPECIFICATION
8.1 Where we have put photographs, illustrations, specifications, performance data, drawings, dimensions and the like in sales literature, on web pages or other documentation, we believe they are accurate. However, you should not take them to be a description of the Goods or representations made by us and we do not warrant that they are accurate.
8.2 The specification for Goods may be changed by the manufacturer at any time up to time upon which the contract between you and us is entered into. We will not be liable for any loss or damage suffered in connection with any change. We will use our reasonable endeavors to advise you of any such impending variation as soon as we are able or upon our receiving notice of the same (as appropriate). You must check specifications for Goods prior to making an order. You may cancel the Contract according to your rights set out in condition 9, below.
ARTICLE 9 - YOUR RIGHT OF CANCELLATION
9.1 In addition to your rights set out at clause 2, above, you have the right to cancel the Contract for the purchase of any of the Goods within 7 working days of collection or delivery (as the case may be). A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund provided that, where we have already delivered the Goods to you, you have returned the Goods to us in the same condition that they were supplied to you and in the original packing. This right of return is in addition to any other rights, warranties or conditions available to you.
9.2 To exercise your right of cancellation, please contact us on our website or directly on firstname.lastname@example.org or
9.3 If you have already received the Goods, please package them securely and return them to us at the address that we will confirm to you by email after to have previously contacted us. We will exchange or refund the full price (excepted freight costs) if all products provided are returned in good condition and in their original packaging. Shipping costs and returns are your own responsibility.
9.4 For your protection, we recommend that you return the Goods by using a recorded delivery service. Please note that you will be responsible for the costs of returning the Goods to us unless the Goods are faulty. If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.
ARTICLE 10 - DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are prevented or delayed in the performing of any of obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us accurate telephone and/or email contact details.
ARTICLE 11 - ASSIGNMENT
We may freely assign, sub-contract or otherwise transfer in whole or in part the Contract PROVIDED THAT the quality of Goods supplied to you is not affected. You may not however do so without our written agreement.
ARTICLE 12 - YOUR STATUTORY RIGHTS
12.1 If you are a Consumer there are certain terms implied into your Contract with us, which we cannot exclude, or limit.
12.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading or Citizens Advice Bureau.
ARTICLE 13 - GOVERNING LAW
13.1 The Contract is governed by the laws of France and the French courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
13.2 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.