Our Terms and Conditions of sales

INTRODUCTION

Welcome to www.prophecy-bmx.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of Sale (“Terms” or “Terms and conditions” or “Conditions”) , which together with our privacy policy govern www.prophecy-bmx.com 's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'www.prophecy-bmx.com' or 'us' or 'we' refers to the owner of the website whose registered office is Le Triangle vert Bât 2, 434 allée François Aubrun, 13100 LE THOLONET, FRANCE.
Our company registration number is 529 894 115 at the RCS of Aix-en-Provence (FRANCE).
The term 'you' or 'user' or 'customer' refers to the user or viewer of our website.

For any additional information regarding the customer service, please contact the Customer Relations Center at contact@prophecy-bmx.com, every day except holidays.
These details and contact information will be reminded on your first invoice.

The parties agree that they are legally bound by these Terms which are accessible via the link provided on prophecy-bmx.com website.
These conditions as the content of the pages of the website is for your general information and use only. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
These Terms apply to the purchase of products and ancillary services by seller Prophecy-bmx and the buyer (the user). They regulate the different steps to follow to order on this website.
The date on which theses Terms will be put online is deemed to be the date of entry into force.


ARTICLE 1 - CONTRACT

The user agrees to abide by the present terms and conditions and such other terms including where applicable representing that the user is of sufficient legal age to use or order. If the user is under 18, he may order or use services only with involvement of a parent or guardian. 

Online order process :

  • the user completely fills out the order forms (products and services),
  • the user chooses a shipping method,
  • the user selects a payment method,
  • the user makes a request for payment,
  • Prophecy-bmx.com will send user an email notification of the registration of the order,
  • Prophecy-bmx.com will send user a confirmation email.

The e-mail from Prophecy-bmx.com confirming acceptance of your order brings into existence a legally binding contract of sale between the parties.
After providing credit card details and placing the order, all transactions passed by the user on this website are deemed to have been accepted by the user and  consist of a proof of the transactions.

Unless proved otherwise, datas collected in their entirety and stored in our registries or those of our providers, kept under reasonable conditions of safety, consist of a proof of the business transactions passed between www.prophecy-bmx.com and the user.

We store purchase orders and invoices on a reliable medium. The user can access to his orders and invoices on www.prophecy-bmx.com website in the 'Your Account' section.

www.prophecy-bmx.com highly recommend  the user to keep the order confirmation email.

A Ship Notification Email lets you know your package is ready to be shipped.


ARTICLE 2 - PRODUCTS

Regarding product and items sold on this website descriptions, www.prophecy-bmx.com attempts to be as accurate as possible. However, and with a constant concern for quality, we may make slight changes to their characteristics at any time without notice.
oreover and despite precautions, www.prophecy-bmx.com cannot warrant cannot warrant that product descriptions or other content of this website is accurate, complete, current or error-free. Thus in no case, our responsibility can be engaged for this.
If you notice a mistake on our product sheets, please let us know so that it can be corrected quickly.
Similarly, the pictures of the products displayed on www.prophecy-bmx.com are for your information only and non-contractual. In any circumstances we take responsibility or assume liability for any such inaccuracies or errors.


ARTICLE 3 - PRICES

The default prices displayed on this website are indicated in euros inclusive of all taxes applicable in metropolitan France and Corsica.
The value-added tax (VAT) applicable is calculated at the rate in force on the day of the order.
Any change in the rate will automatically be applied to the current order and product prices. (except for the non-EU countries for which prices are indicated in USD and excluding tax. Notice that for Switzerland prices are in euros).

Prices are deemed to include all taxes but exclude postage and packaging or any optional extra services selected by the user fees. Any and all additional charges are clearly itemised on the order summary page that you are advised to check before confirming your order.


ARTICLE 4 - AVAILABILITY

The offering of products and services on-line and the prices are valid until still visible on the site. The user is invited to check the availability of the items sold on the information page of each product.


In case of multiple Products ordered in a single order, if one of the products proves to be unavailable within the time period specified on the website, the entire order will be processed and shipped only when all the products of this order are available.

www.prophecy-bmx.com will notify the user of the additional period. The user can then choose to receive first the available items of his order.
No additional postage costs will be charged if you decide to split the order.

If the products prove to be permanently unavailable after the order, www.prophecy-bmx.com  will inform you of this.
User will have several options :

  • canceling the entire order. His account will not be debited or, if his bank account was already debited, the user will be refund,
  • receiving the available items of his order. His account is only debited by the amount of the ordered products effectively shipped and the specified fees such as postage, packaging and any optional extra services selected by the user.

ARTICLE 5 - SHIPPING

The products are available worldwide. The products will be shipped at the shipping address that the user specified on the order form.
For reasons package tracking, we reserve the right to refuse to deliver the orders of private individuals to addresses such as barracks, army headquarter, hospitals, holiday clubs, … (non exhaustive list).

In case of delivery to a collective address, www.prophecy-bmx.com no longer has an obligation as soon as the goods arrive at the indicated address, even if it is received by a third party. Any further routing to send the parcel to your final destination is not to the responsibility of www.prophecy-bmx.com.
Shipping times indicated on the website shall apply from receipt of the e-mail from www.prophecy-pmx.com confirming acceptance of your order.
The user can select home delivery by post for non-bulky products.
Bulky items will be shipped by a carrier selected by www.prophecy-bmx.com.

www.prophecy-bmx.com highly recommends the user to check the apparent condition of the products upon delivery.
In case of abnormalities (damaged packaging, damaged, missing or broken products), the user :

  • shall express all the necessary reservations on the delivery receipt when receiving said goods.
  • Send a declaration to the carrier within 48 hours delivery by registered letter with an acknowledgement of receipt,
  • report the incident to www.prophecy-bmx.com within 48 hours after delivery at contact@prophecy-bmx.com.

In case of doubt, it is advisable for the customer to open the package in the presence of the carrier to ensure that no damage to the product.

Failing this, no complaint can be made by the user to www.prophecy-bmx.com.

For products with a sale price exceeding € 500 inclusive of all taxes, the maximum shipping time is 3 months.
Products with a sale price of €500 or less inclusive of all taxes will be shipped within 30 days after order validation by www.prophecy-bmx.com. 

The amount of the shipping costs is specified to the user when validating his order.

The shipping costs include :

  • the administrative handling of the order,
  • the preparation and the dispatch of the package(s),
  • the transportation fees depending on the weight of the package(s) and the destination of the order.

Freight cost / Frais de port

> 6 Kg6 <-> 3 Kg3 <-> 2 Kg2 <-> 1 Kg> 1 Kg
USA ** 60 USD 50 USD 40 USD 30 USD 10 USD
SOUTH AMERICA 130 USD 100 USD 85 USD 65 USD 50 USD
AUSTRALIA 130 USD 90 USD 65 USD 60 USD 30 USD
ASIA 130 USD 90 USD 65 USD 60 USD 30 USD
SOUTH AFRICA Contact Us Contact Us Contact Us Contact Us Contact Us
CANADA 65 USD 50 USD 35 USD 25 USD 20 USD

If your country is not inside the list or if you want to have special express delivery, please feel free to contact us before order by email: contact@prophecy-bmx.com
All cost inside this matrix include :
a. The administrative treatment of the order,
b. The preparation of the parcel,
c. The freight cost calculated accordingly the volume size and the destination of the parcel.


ARTICLE 6 - PAYMENT

The user can by a credit card, a Visa, a Carte Bleue or a Mastercard.
Any delay in payment shall without further notice incur arrears interest at 3 (three) times the legal rate in force and applicable from the due date.

Payment by credit card :

The user's bank account will be debited with the amount of products and services chosen once he validates the order.
www.prophecy-bmx.com guarantees the security of the payment by credit card using the encryption system of the Secure Socket Layer (SSL) protocol.


ARTICLE 7 - RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, you have the right to cancel the contract on which your order is based within 7 days from the date of the order validation.
To exercise his right of withdrawal, the user contacts www.prophecy-bmx.com to make a request for withdrawal.
www.prophecy-bmx.com then notifies the user how to proceed to make a return. The user will be given a return number which is mandatory for any return.
To claim this right of withdrawal, www.prophecy-bmx.com offers the user the possibility of being refund.
If the user opt for a refund, www.prophecy-bmx.com will refund the user the price of the product excluding shipping charges within a maximum of 30 days after receiving the package, provided that the product is returned complete, in perfect conditions and in its original packaging.

For any return,  delivery charges as well as bank charges are left at the user’s expenses.

The user is free to choose the shipping method to return the product to www.prophecy-bmx.com and to subscribe or not an insurance covering risks loss, theft or damages of this package.
www.prophecy-bmx.com does not assume any of these costs nor transportation costs and cannot be held responsible for the non-receipt of the parcel of the user.

The user is responsible for the method of packaging. it is his responsibility to settle shipment, to insure the shipment and pay any charges related to delivery return. In case of a lost/damaged shipment, it is the user’s responsibility to solve the problem directly with the carrier.

Any returned product without return number will be considered as invalid and rejected pursuant to the Article 10 of the present Terms.

Similarly, an incomplete returned product or without its original packaging, or defective or damaged will not be refunded and will be considered as an invalid return and treated accordingly.


ARTICLE 8 - RETURNS

Apart from the right of withdrawal referred to in Article 7, the user may return his product for three reasons :

  • Incorrect size,
  • product does not match order,
  • product damaged upon arrival.

8.1 - wrong size

The user can make an exchange request to www.prophecy-bmx.com within 48 hours after receiving the parcel.
The user will be given a return number.
www.prophecy-bmx.com will indicate the user how to proceed to exchange the product for a different size if available.
The user will pay the return shipping charges.

8.2 - the product does not match the order

The user can make a return request to www.prophecy-bmx.com within 48 hours after receiving the parcel.
The user will be given a return number.
www.prophecy-bmx.com will indicate the user how to proceed to return the product that does not match the order.
In this case, www.prophecy-bmx.com

  • will cover the return shipping charges,
  • will ship the product matching the order if available within 30 days after receiving the returned product and will cover the shipping charges.

If the ordered product is no longer available on the date of return, www.prophecy-bmx.com will totally refund the user (total purchase price + original shipping if payed for by the user).

These shipping charges are based on the basic shipping charges specified on this website for the product alone and under the same conditions as the initial order.

It is recalled that the user is free to subscribe or not an insurance to cover loss, theft or destruction of the package.
www.prophecy-bmx.com does not assume any of these costs and cannot be held responsible for the non-receipt of the parcel by the user.

Any returned product without return number will be considered as invalid and rejected pursuant to the Article 10 of the present Terms.

The user is responsible for the method of packaging. it is his responsibility to settle shipment, to insure the shipment and pay any charges related to delivery return. In case of a lost/damaged shipment, it is the user’s responsibility to solve the problem directly with the carrier.

Similarly, an incomplete returned product or without its original packaging, or defective or damaged will not be refunded and will be considered as an invalid return and treated accordingly pursuant Article 10.

8.3 - Item Damaged Upon Receipt (due to mishandling by shipping carrier)

The user must check the apparent condition of the products upon delivery.

In case of abnormalities (damaged packaging, damaged, missing or broken products), the user shall express all the necessary reservations on the delivery receipt when receiving said goods.

Failing this, no complaint can be made by the user to www.prophecy-bmx.com.
The user shall report the incident to www.prophecy-bmx.com within 48 hours after delivery at contact@prophecy-bmx.com.
The user will be given a return number.
The user must send a duplicate of the documents relating to the defective delivery to www.prophecy-bmx.com (delivery notes, reservations, …) to be able to make a claim.
www.prophecy-bmx.com will indicate the user how to proceed to return the damaged product.
The returned product must be complete and in its original packaging in the same condition as received. 

Article 5 shall apply to this provision.

If the return of the product(s) is validated by www.prophecy-bmx.com and if the product is available, the product will be exchanged within 30 days.

If the return of the product(s) is validated by www.prophecy-bmx.com but the product is no longer available, www.prophecy-bmx.com will refund the user in equivalent terms as specified in Article 8.2.

If the return of the product(s) is not validated by www.prophecy-bmx.com, especially since the necessary reservations on the delivery receipt have not been made to the carrier, then this return will be considered as invalid and treated accordingly.

8.4 - Immediate exchange of a product

If www.prophecy-bmx.com exchanges or replaces a product before www.prophecy-bmx.com receives the exchanged product, the user is committed to returning the initial product within 30 days.

Should this deadline not be met, www.prophecy-bmx.com reserves the right to debit the user's bank account with an amount equivalent to the price (VAT included) of the product sent as part of this exchange ( with the credit card used by the user for the payment).

A second sale under suspensive condition will then be considered as carried out by www.prophecy-bmx.com. This suspensive condition will be complied with if at the expiry of the 30-day period from the date of shipping a replacement product by www.prophecy-bmx.com, the exchanged product has not yet been returned to www.prophecy-bmx.com by the user.


ARTICLE 9 - WARRANTIES

Some of the products sold on www.prophecy-bmx.com benefit from a contractual warranty  of which the duration is specified on the “Our commitments” page, in the “Warranties and After-sales service” section.
This warranty does not preclude the legal warranty of latent defects and / or the legal guarantee of conformity.
However this warranty does not apply if damages are caused through abuse, negligence, improper repairs, inadequate fit, modifications and alterations or if used other than the manner intended.
This warranty is valid in France, in Europe and outside Europe.
This warranty is extended only to the original end-use purchaser or the person receiving the product as a gift, and shall not be extended to any other person or transferee.
If a product proves defective during the warranty period, the user must notify www.prophecy-bmx.com of the defect before the expiration of the warranty period by making a warranty claim. www.prophecy-bmx.com will give the user a return number.
As part of this warranty, www.prophecy-bmx.com offers the user the opportunity to bring back his product to www.prophecy-bmx.com or to a present representative at an event or to send it back to www.prophecy-bmx.com.
Whatever the solution chosen by the user, the shipping charges are the responsibility of the customer. Once the product has been returned to www.prophecy-bmx.com, the shipping charges for the repaired or exchanged product under guarantee, are under the responsibility of www.prophecy-bmx.com subject to the effective application of the warranty.
Otherwise, shipping costs remain at the expense of the user.
After verification by www.prophecy-bmx.com,  if damages prove to be covered by warranty, www.prophecy-bmx.com will either repair the defective product or will provide a replacement in exchange for the defective product.
If the Item is deemed irreparable or cannot be exchanged, we may, at our discretion, send a credit note for the purchase amount or provide a refund under equivalent terms to the right of withdrawal.
This warranty shall not apply to any defect, failure or damage caused by improper installation, use or improper or inadequate maintenance and care. In this sense, www.prophecy-bmx.com highly recommends the user to follow the instructions of the guides present with or on the products. www.prophecy-bmx.com also recommends to the user to read the informations given on our website or to seek advice from cycling stores or directly from www.prophecy-bmx.com by sending an email to contact@prophecy-bmx.com before any work on the products.

In case of damages caused through improper installation or use, any return of product will be considered as a non-conforming return and treated as such.
Similarly any returned product without return number will be systematically treated as a non-compliant return.
It is recalled that the user is free to choose the method of shipping his product and either to subscribe or not to an insurance in case of loss, theft or destruction of his parcel.
www.prophecy-bmx.com does not bear any of these costs and can not be responsible for the non receipt of the parcel of the user.

The user is responsible for the method of packaging. it is his responsibility to settle shipment, to insure the shipment and pay any charges related to delivery return. In case of a lost/damaged shipment, it is the user’s responsibility to solve the problem directly with the carrier.


ARTICLE 10 - NON-COMPLIANT RETURN

Any return described as such in these general terms and conditions of sale is considered as non-compliant return.

Any returned product considered as a non-compliant return will be shipped back to the user by www.prophecy-bmx.com and www.prophecy-bmx.com will invoice the user a fee covering :

  • the shipping costs for shipping back the non-compliant returned product to the user,
  • a returns processing fee of €15 (USD 20 outside Europe).

The user will be informed by email of the non-compliance of his return as well as the terms  of payment of the shipping costs and processing fees. These shipping costs and processing fees will be payable by credit card only.

www.prophecy-bmx.com will ship back the non-compliant product to the user once the shipping costs and return processing fees have been paid.


ARTICLE 11 - RESERVATION OF OWNERSHIP

Ownership of the Items will only pass to you when we have received full payment of all sums due in respect of the Items, including delivery charges plus interests if any.


ARTICLE 12 - LIABILITY

www.prophecy-bmx.com accepts no liability in the event of a breach of its obligations resulting from an event of fortuitous event or force majeure as defined by French jurisprudence.

For products with a sale price exceeding € 500 inclusive of all taxes, the maximum shipping time is 3 months.
Products with a sale price of €500 or less inclusive of all taxes will be shipped within 30 days after order validation by www.prophecy-bmx.com.

We accept no liability for any loss of income, revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Our liability in connection with any Items purchased through www.prophecy-bmx.com is strictly limited to the purchase price of those Items. This does not include or limit in any way our liability for: death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any matter which it would be illegal for us to exclude, or attempt to exclude our liability.

www.prophecy-bmx.com accepts no liability for any damages resulting from the use of the Internet ( disconnection, virus, …).

The user is responsible for the quality of the information relating to his delivery address, his email, his telephone number provided  at the time of the order.

www.prophecy-bmx.com cannot be responsible for the consequences resulting from an error in these information (delays in delivery, lack of contact by the customer service of www.prophecy-bmx.com). Any inherent cost would be at the expense of the user.


ARTICLE 13 - LICENSE AND ACCESS

www.prophecy-bmx.com grants the user a limited license to access and make personnal and non-commercial use.

No www.prophecy-bmx.com service, nor any part of any www.prophecy-bmx.com service,nor any content of this website (products, descriptions, prices, data, software, sound clips, graphics, images, pictures, ...), may be reproduced, duplicated, copied, sold, resold, downloaded, modified  or otherwise exploited for any commercial purpose without express written consent of www.prophecy-bmx.com

All content included on this site, including site design text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software and the selection and arrangements thereof is with all rights reserved the property of www.prophecy-bmx.com and are protected by copyrights, trademarks or patents.


ARTICLE 14 - PRIVACY POLICY

This Privacy Policy governs the manner in which www.prophecy-bmx.com collects, uses, maintains and discloses information collected from users (each, a "User") of the www.prophecy-bmx.com website.

Personal data

We collect your personal data in accordance with the Personal Data Protection Policy.
These information are necessary for processing the orders, for supplying the ordered goods, for invoicing and for sending you the products.

Your personal information will not be used contrary to this Privacy Policy but we may disclose your personal information to third parties such as contractual partners of www.prophecy-bmx.com if required for example for the processing of the order or to supply the ordered goods.

Failure to provide such information may result in an inability to process the order.

www.prophecy-bmx.com is committed to protecting your personal data.

In accordance with the measures of the law “Informatique et Libertés” of 6 January 1978, modified by the law of 6 August 2004, the processing of personal data was the subject of a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) by www.prophecy-bmx.com.

In application of the Article 34 of the Law, you may have a right to access, amend and/or request deletion of information that we collect about you.

You can edit these information directly in the "My Account" section of www.prophecy-bmx.com website or by contacting our customer relationship Centre.


ARTICLE 15 - COOKIES

www.prophecy-bmx.com may obtain information about your general internet usage by using a cookie file.

When we use cookies to collect your personal and non-personally identifiable information we are collecting this information to better understand your browsing behaviour (visited pages, dates and time of the consultation, …). cookies store information provided by the user.

You may refuse to accept cookies by activating the settings on your browser that allows you to refuse the setting of cookies.

For further information, please visit the CNIL website : www.cnil.fr


ARTICLE 16 - ENTIRETY

These terms and conditions of sales consist of all the clauses that compose them.

The fact that www.prophecy-bmx.com does not avail itself of any of the clauses of these Terms at any given time can not be a waiver of the right to use the same clauses later.

In case of disability of one of them, the other clauses remain valid.


ARTICLE 17 - APPLICABLE LAW

These general terms and conditions of sales are governed by the French Law.