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 email@example.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.
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 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.
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.
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 excluding tax).
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.
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 :
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.
The delivery times announced on the site apply from the receipt of the total amount of the order due on the bank account of www.prophecy-bmx.com.
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 :
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 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.
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 3DSECRE (3DSv1 ou 3DSv2).
In accordance with the legal provisions in force, you have the right to cancel the contract on which your order is based within 14 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.
Apart from the right of withdrawal referred to in Article 7, the user may return his product for three reasons :
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
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.
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 firstname.lastname@example.org.
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.
Some of the products sold on www.prophecy-bmx.com benefit from a contractual warranty of which the duration is specified on the Services “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 email@example.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.
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 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.
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.
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.
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.
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.
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.
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.
www.prophecy-bmx.com may obtain information about your general internet usage by using a cookie file.
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
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.
These general terms and conditions of sales are governed by the French Law.
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: firstname.lastname@example.org
Si votre pays n’est pas dans la liste ou si vous souhaitez avoir une livraison express spéciale, n’hésitez pas à nous contacter avant de commander par e-mail: email@example.com
* Delivery time exclude the shipping day and customs clearance delays.
All the costs present in this table include:
a. The administrative processing of the order,
b. The preparation and shipment of the package(s),
c. Shipping costs calculated according to the weight and destination of the order.
* Le délai de livraison exclut le jour d’expédition et les retards de dédouanement.
Tous les couts présents dans ce tableau intègrent :
a. Le traitement administratif de la commande,
b. La préparation et l’expédition du ou des colis,
c. Les frais de transport calculés en fonction du poids et de la destination de la commande.