TERMS OF SALES

Last update: 10/01/2022.

1. INFORMATION ABOUT US

1.1 www.beastybike.com is a website operated by UNDERWY (“we”, “us/our”). We are a limited liability company with a capital of 50,000 euros, whose head office is located at 655 Chemin du Roguez, Building A1, 06670 Castagniers, RCS Nice 794 310 110.

2. ORDER PRODUCTS

2.1 You can order Products from us by following the procedure described on our site. You acknowledge that by placing an order on our site, you contract the obligation to pay for the Products ordered when your order is accepted.

2.2 Our order procedure allows you to check and correct any errors before submitting your order to us. Take the time to read and check your order at each step of the ordering process.

2.3 All orders are subject to our acceptance. After receipt of your order, we will send you a confirmation e-mail which will constitute acceptance on our part. The contract between you and us will not be concluded until we send you this e-mail. Payment of the price of the order by the payment method of your choice will be executed as soon as we have accepted your order. We will send you another email as soon as your order has been dispatched.

2.4 Unfortunately, we can no longer cancel an order once it has been dispatched. If you change your mind about your order after it has already been dispatched, you can refuse delivery or return the Products to us in accordance with the returns policy, which is set out in clause 9 below.

2.5 Before ordering Products from us, it is your responsibility to check and ensure that you are able to receive the Products ordered and that there are no problems that could complicate delivery or make it impossible.

2.6 You must keep the contact details you have given to us up to date so that we can contact you if necessary in relation to your order or the delivery of the Products.

2.7 We do not check the compatibility of the different Products you order.

3. AVAILABILITY

3.1 All Product orders are made subject to the availability of the Products ordered. If, for any reason whatsoever, the Products you have ordered are not available or their delivery is delayed, we will notify you, exclusively by email, as soon as possible after receiving your order.

3.2 If we are unable to supply a Product, for example because it is no longer in stock with our suppliers or because of a pricing error (see clauses 5.4 and 5.5 below), we We will inform you by e-mail and we will not proceed with your order. If you have already paid for the Product, we will refund the full price to you as soon as possible.

4. IMAGES AND DIMENSIONS of the PRODUCTS

4.1 The images of the Products presented on our site are given for information only. Although we make every effort to display colors accurately, we cannot guarantee that your computer or digital medium will display colors accurately or render the color of the Products satisfactorily. The Products delivered to you may vary slightly from those shown in the images. By way of example, the secondary components of a Product may change without notice, from the manufacturer, our supplier or from us, in order to improve the quality of the latter.

4.2 The dimensions indicated on our site including the weights and the capacities are elements provided by our suppliers. We make every effort to be as precise as possible on the information provided, which we update regularly.

5. PRICE OF THE PRODUCTS

5.1 The price of any Product is that which is indicated on our site, except in the event of an obvious error.

5.2 The price of any Product may change at any time, but no change will affect an order already accepted by us.

5.3 The price of the Products includes VAT (when VAT applies) but excludes delivery costs, which are added if necessary to the price of the Products and indicated as part of the total amount due during the ordering procedure. To find out the delivery costs of a product, see our Delivery page.

5.4 Due to the large number of Products presented on our site, it is always possible that, despite our best efforts, the price of some of them is incorrect. We normally check prices as part of our order handling process so that if the price of a Product is lower than the stated price, we charge the lower amount when shipping the Product. If the exact price of a Product is higher than the price indicated on our site, we have full discretion to contact you and ask for your instructions before shipping the Product, or to reject your order and notify you of its rejection.

5.5 If the price error is manifest and flagrant and you yourself could easily have seen that it was an error, we are under no obligation to deliver the Product to you at the incorrect (lower) price. and this, even after sending the acceptance of your order.

5.6 For deliveries outside the European Union, the customer agrees to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the country of receipt of order. BeastyBike de facto disclaims any legal liability if the payment of taxes was not made by the customer.

6. HOW TO PAY

6.1 We accept the methods of payment indicated on our site. The Products and applicable delivery charges must be paid to us prior to delivery of the Products.

6.2 By placing an order with us on our site, you confirm that the payment information provided with your order is valid and accurate.

6.3 We reserve the right to refuse any order from a customer in the event of abusive demand, out of stock, inappropriate or insulting behavior, insolvency and/or means of payment not accepted.

6.4. General conditions of payment with Alma

Article 1: Definition

Capitalized words in the Terms and Conditions have the following definitions:

  • Seller: designates any legal entity or natural person, selling its Products to the Customer and having subscribed to the Services offered by Alma. The Seller may market its Products on its Merchant Site or within its physical Point of Sale.
  • Alma: simplified joint-stock company, whose head office is located at 176, Avenue Charles De Gaulle, 92200 Neuilly-Sur Seine and registered with the Nanterre Trade and Companies Register under number 839100575, (the amount of the share capital is 312 942 ,78€). Alma is approved as a Payment Institution and Financing Company registered under number 90786, which can be consulted on the Regafi website.
  • Product: refers to the good or service, subject of the Order, the purchase of which is the basis of the Credit Operation.
  • Customer: designates any adult natural person, not acting for the purposes of their professional activity, and paying for their purchases from the Seller via Alma's payment facility service.
  • Payment facility: "Payment in installments" or "Deferred payment", credit transactions referred to in 5° of Article L. 312-4 of the Consumer Code, granted by a professional in the exercise of his activity , which has a repayment period not exceeding three months and which is accompanied by no interest or any costs or only interest and costs of a negligible amount.

Article 2: Purpose

"Payment in several instalments" or "Deferred payment" are payment facilities granted by the Alma Service Provider to the Customer allowing the payment of the order to be spread out in several instalments or its shift to a date after the order (2 instalments , 3 times, 4 times, D+15 or D+30 depending on the Seller's choice).

These payment facilities do not fall within the scope of the consumer credit regulations (see art. L. 312-4 of the Consumer Code "5° Credit transactions involving a repayment period do not not exceeding three months which are accompanied by no interest and no charges or only interest and charges of a negligible amount”). Credit transactions whose deadlines do not exceed the three months proposed by Alma do not accrue interest.

Article 3: Conditions

Access to the payment facility is reserved for Customers residing in France.

These people must hold a bank card such as Visa, Mastercard, American Express or Cartes Bancaires issued by a payment service provider in the European Union, or a payment account held by a payment service provider. of the European Union and a telephone number. In the event of payment by card, it must be valid for at least one month after the last due date of the payment facility.

Cards with systematic authorization, credit, prepaid, virtual or issued by an issuer located in a country that does not belong to the European Union are not accepted.

Access to the payment facility service is subject to Alma's decision, which may refuse access to the Customer.

Alma is likely to request more information from the Customer, in order to authorize its access to a payment facility. This request may, for example, concern the Client's identity document or a request for access to the Client's bank account in order to verify his identity or assess his solvency.

The Customer undertakes that Alma may deduct from its means of payment the sums due on the dates provided for in the payment receipt - due date. The credit will therefore be reimbursed by the Customer to Alma by direct debit from the bank card provided for this purpose.

The Customer consents to the payment facility granted by Alma and undertakes to pay it according to the due date transmitted by Alma.

Article 4: Effective date

The Customer materializes his request for access to the payment facility by clicking on the "Pay in installments" button (or "Pay in 2 instalments", "Pay in 3 instalments", "Pay in 4 instalments", "Pay in 10 times", "Pay in 12 times") or "Verify my card" (for "Pay in 15 days" or "Pay in 30 days") from Alma.

Alma formalizes its agreement to this payment facility by the message "Payment accepted" or "Verified". The Customer's order is then validated and the payment facility takes effect immediately, the Customer will then be debited directly with the amount of the deposit.

In some cases, in accordance with the Seller's general conditions of sale, the payment facility will only take effect from the occurrence of an event attached to the sales contract such as shipping, delivery, etc. In the event that the effective date is delayed, the Customer materializes his request for access to the payment facility by clicking on the “Check my card” button and Alma formalizes his agreement by means of a message. The Customer will then be informed by email of validation specifying the conditions and deadlines for taking effect. The Customer will then be debited for the amount of the first installment by the means of payment communicated for this purpose at the time of the triggering of the event.

The payment in installments will be spread over several monthly installments, the payment made during the order is collected as a deposit for the Seller, its amount is not included in the credit.

Article 5: Withdrawal

5.1. Cancellation of the order

The individual Customer has a withdrawal period for his order with the Seller as specified in the Seller's General Conditions of Sale. In the event of exercise of this right with the Seller, the cancellation of the purchase and upon confirmation of the withdrawal by the Seller, the payment facility will then be canceled and all sums already paid to Alma by the Customer will be refunded to him.

5.2. Withdrawal of the payment facility (on the terms see art. R. 222-1 to R. 222-4 of the C. conso.)

The Individual Customer has a period of 14 calendar days from the date of the order to waive the payment facility granted by Alma and must then pay cash, by notifying his decision to withdraw directly to the address [email protected] eu.)

In the event of a withdrawal, any costs paid to the Seller by the Customer are reimbursed by the Seller (excluding the cost of returning the order).

Article 6: Cancellation

If all or part of the order is canceled in accordance with the Seller's general conditions, the amount of the payment facility will be revised accordingly in order to be aligned with the new amount due.

If necessary (for example in the event of total cancellation of the order), Alma will reimburse the Customer for the overpayments.

Article 7: Termination

In the event of non-payment by the Customer on the due date of an amount due (on the schedule sent to it), Alma may terminate these de facto and demand immediate payment of the full amount remaining due.

Similarly, Alma may terminate the present in case of false declaration on the part of the Customer (personal information, bank details). Immediate payment of the full amount remaining due may then be required.

Section 8: Fraud

In the event of bank fraud, organized fraud, proven failure to pay, identity theft or circumvented use of Alma payment facilities, Alma may take the following actions:

debit of funds on all cards or means of payment connected to the Customer;

block the Client's funds in order to proceed with the recovery of his default;

block the Client's funds in order to allow additional investigations, especially in the event of a repeat offence;

request for cancellation of the sale from the Seller, or the assistance of the Seller in the investigation carried out and the provision of any necessary evidence.

Funds, bank cards or any other means of payment are deemed to be 'connected' to a Client when Alma has sufficient elements corroborating a link. With the aim of proving its good faith, Alma will endeavor to document all the elements that allowed these connections, in particular in order to be able to produce them in court.

The blocking of funds is likely to be applied for a period of up to 180 days (in particular in the event of the use of falsified documents) in order to allow Alma's teams to carry out the investigations necessary to establish the facts. At the end of this period, the funds will be refunded to the Client free of charge or retained to cover a default by the Client.

Article 9: Relations

Alma grants the payment facility to the Customer. Alma then performs control, acceptance, direct debit, refund and collection. It uses dematerialized communication media.

Alma and the Customer enter into a business relationship, hence the need for Alma to identify and, if necessary, verify the identity of the Customer.

If Alma agrees to provide the payment facility to Customer, then Alma will pay the sums owed by Customer directly to Seller.

The Customer will receive these general conditions by email and can receive them on paper if he requests them from Alma.

Article 10: Proof

The Seller, the Customer and Alma agree that the data, files, recordings or any operation received or stored on any computer medium of the Seller or Alma, as well as any exchange between the Customer and the Seller or Alma carried out electronically or any other dematerialized means constitute proof of the payment facility granted.

The Customer acknowledges that clicking on the “Pay in installments” or “Pay later” button, or affixing his signature on the Alma interface, constitutes full and complete commitment on his part.

Article 11: Late penalties

The Customer has the possibility of postponing the payment of the deadlines provided for in his schedule by up to 15 days, on simple request addressed to Alma at the address [email protected]

In the event of a characterized late payment by the Customer, defined as a delay of more than 15 days on a due date, Alma will do its utmost to proceed to an amicable resolution and will not apply any late payment penalty provided that the Customer cooperates fully in as part of the unpaid debt resolution process.

However, if the Customer does not fully cooperate with Alma in the process of resolving the unpaid, Alma reserves the right to apply late payment penalties of an amount at most equal to 8% of the sums remaining due. .

Article 12: Information, complaints

For any question relating to these conditions, or in the event of a complaint, the Customer may contact Alma at the address [email protected] Alma undertakes to provide an answer within 48 hours (working days).

Article 13: Collection and processing of data

As part of the contractual relationship between Alma and the Customer, Alma will process data and store it in accordance with the GDPR. However, the customer may exercise his rights in accordance with the GDPR, provided that the processing is not for a legal purpose. For more information, we invite you to consult the Privacy and Data Management Policy.

Article 14: Applicable law

These T&Cs are subject to French law.

Article 15: Competent Jurisdiction

ANY DISPUTE RELATING TO THESE TERMS SHALL BE UNDER THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS.

The Parties shall endeavor to settle amicably any dispute arising between them regarding the interpretation, execution or termination of this Agreement.

The Customer has the option of contacting Alma's Customer Service by email at [email protected]

If no agreement is reached, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement.

To initiate this mediation, the Customer can contact Alma's mediator free of charge: The AFEPAME mediator, which can be entered via this link: https://mediateur-consommation-afepame.fr/

The Party wishing to implement the mediation process must first inform the other by registered letter with acknowledgment of receipt, indicating the elements of the conflict. Since mediation is not mandatory, the Client or Alma may withdraw from the process at any time.

Article 16: Assignment

These T&Cs may not be assigned by the Customer, except with the express agreement of Alma.

Article 17: Acceptance and signature

After validating your order and selecting the Alma payment method in several installments, you are redirected to the Alma payment page, your information will already be filled in, you read the general conditions for granting payment facilities, you notify your acceptance electronically by clicking on the “Pay” button. You acknowledge that this click associated with reading the general conditions constitutes consent and constitutes irrevocable and unreserved acceptance of the general conditions. Your contract will be kept at Alma, you will receive an electronic copy.

Special conditions for BeastyBike customers

AMOUNT OF PURCHASES

Payment in 3, 4, 10 and 12 installments: Only purchases between €50 and €3,500 are eligible for payment in 3, 4, 10 and 12 installments with Alma at the BeastyBike merchant.

Payment at 15 and 30 days: Only purchases between €50 and €200 are eligible for deferred payment at 15 and 30 days with Alma at the BeastyBike merchant.

CUSTOMER FEES

By paying in installments with Alma at the BeastyBike merchant, the customer does not pay any fees except in the following cases:

For payment in 3 instalments: 1.55% per transaction

For payment in 4 instalments: 2.32% per transaction

For payment in 10 installments: 6.8% per transaction

For payment in 12 instalments: 7.2% per transaction

For payment 15 days deferred: 0.78% per transaction

For payment at 30 days: 1.55% per transaction

ACCEPTED COUNTRIES

France, Spain, Belgium, Germany and Italy

7. DELIVERY

7.1 We offer a delivery service with the times indicated for each Product offered on our site. We draw your attention to the fact that the delivery times indicated are estimated times. To find out more about the delivery of our Products, consult the information presented on the Delivery page of our site.

7.2 We draw your attention to the fact that we only deliver to addresses located in the countries indicated on the Delivery page.

7.3 Your order will be processed and shipped within 24 hours (working days) except for exceptional periods such as Sales, Black Friday, back to school, Christmas, the health crisis which can extend this period to 96 hours (working days) . This processing time corresponds to the time within which we expect to send the Products to our delivery partners. Consult the Delivery page of our site to find out more about our shipping and delivery procedure and the expected delivery time after the Products have been dispatched. Although we make every effort to ensure that the Products are dispatched and delivered to you within the estimated time, unfortunately we cannot guarantee that they will not be affected by unforeseen problems with our suppliers or our delivery partners. If we are unable to meet processing, shipping or delivery times, we will contact you and provide you with a new estimated date.

7.4 Delivery is made when our partner, the transport company, delivers the Products to the address you have given us. If no one is present at your address to take delivery of the order, our partners will leave you a notice in person or by email, telling you how to proceed to organize a new delivery or collect your packages from a relay point. For home delivery, if after three delivery attempts from our partner, you have not taken delivery of your order, we consider the contract to have been canceled on your initiative in accordance with the terms of clause 9 below .

7.5 You can track the status of your order at any time by logging into the Order History & Details section of your account on our site. If you have difficulty finding the status of your order or tracking its progress, contact our Customer Service team as set out in clause 21.

7.6 We work with partners to deliver your Products. We cannot be held responsible if your Products arrive at their destination damaged. If this is the case, the customer undertakes to issue immediate, significant and precise reservations to the delivery company at the very moment of delivery.

7.7 The customer expressly agrees to refuse delivery of Products in the transport medium that has suffered damage visible from the outside. In the event of acceptance, we cannot be held responsible for the damage suffered, therefore any request for withdrawal, compensation, exchange and/or refund will be rejected.

7.8 Any dispute, following the delivery of a Product, at the time of a physical defect (paint, scratch, poc, etc.), must be made exclusively by email within 48 calendar hours after receipt of the product. Beyond this period, any request for support will be strictly rejected.

8. RISK AND OWNERSHIP

8.1 Ownership of the Products is transferred to you once we have received all sums due for the Products in full, including delivery costs.

8.2 The Products are your responsibility from the moment you (or a third party other than the carrier and indicated by you) take physical possession of the Products.

9. CANCELLATION, RETURN AND REFUND POLICY

9.1 We hope that all your purchases will give you satisfaction. However, if your Products do not meet your expectations, you can return them to us in accordance with the terms below or in accordance with your legal rights.

Right to retract

9.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving any reason, however we extend this right to 30 days. We draw your attention to the fact that the right to change your mind applies in the same way to gift cards, but not to bespoke Products (i.e. Products which we create according to your specifications or which are clearly personalized).

9.3 The withdrawal period expires 30 days after the date on which you or a third party take physical possession of the Products. In the event that you order several Products in a single order or if an order is delivered in several packages, lots or pieces, the cancellation period expires 30 days from the date on which you or a third party take possession physical form of the last part, lot or piece of Product that constituted your order.

9.4 To exercise your right of withdrawal, you must inform us of your decision to cancel your contract with us by clearly indicating it (eg letter sent by post, e-mail or telephone call). The easiest way to do this is to contact our Customer Service team, whose contact details you will find in clause 22. You can, if you wish, use the standard cancellation form below:

Model cancellation form

To: UNDERWY, 655 Chemin du Roguez, Building A1, 06670 Castagniers

Email address: [email protected]

I/we hereby inform you(*) that I/we cancel(*) the contract for the sale of the following products (*)/for the provision of the following service(*)

Ordered on(*) / received on(*)

Name of the client(s),

Address of the customer(s),

Customer signature (only if this form is sent on paper)

Dated

(*) Delete as appropriate

9.5 To meet this withdrawal period, it is sufficient for you to send your message concerning the exercise of your right of cancellation before the expiry of the said cancellation period.

Consequences of withdrawal

9.6 If you cancel your contract with us, we will refund to you all sums paid by you to us, including delivery costs (it being understood that we reserve the right not to reimburse you for any additional costs due to your choice, by yourself , of a type of delivery other than the cheapest standard delivery method offered by us).

9.7 We will make the refund without undue delay, and at the latest: (a) 14 days after the day of receipt by our services of the Products which we have provided to you, or (b) if no products have been provided, 14 days after the day on which you informed us of your decision to cancel this contract.

9.8 We will make the refund using the payment method you used for the original transaction; in any case, this refund will be made at no cost to you.

9.9 We may defer reimbursement until we have received the Products.

9.10 All refunds are made subject to the Products being returned to us remaining new, undamaged and in their original packaging.

9.11 Items returned outside the original packaging, incomplete, damaged, damaged or soiled by the customer are not taken back.

9.12 Reimbursement of all Products returned excluding original packaging, incomplete, damaged, damaged or soiled will be refused by our services.

Defective products or products not conforming to the description

9.13 If you return the Products to us during the withdrawal period because they have a real and proven fault by the manufacturer or because they do not correspond to the description, we will reimburse you: the full price of the Product and any delivery applicable; and any reasonable costs incurred by you in returning them to us (other than the costs you incur in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy set out in this clause 9 or any of the other Terms and Conditions.

9.14 To reimburse you, we will use the payment method you used to pay us.

How to return Products

9.15 To request a return, please refer to the Product Returns page.

9.16 Return costs from Metropolitan France and Belgium are the responsibility of the buyer:

  • For products excluding bicycles, a fixed amount of €2 is invoiced to the buyer (deducted from the refund / credit note).
  • For bicycles, a fixed amount of €20 is charged to the buyer (deducted from the refund / credit note).
  • For all products, returns are offered in the list of our L'Hirondelle stores

9.18 Return costs from abroad (outside Belgium) are the responsibility of the buyer:

  • For products excluding bicycles, a fixed amount of €5 is invoiced to the buyer (deducted from the refund / credit note).
  • For bicycles, a lump sum of €50 is charged to the buyer (deducted from the refund / credit note).

10. PROMOTIONS

10.1 From time to time, we may organize promotions or offer other forms of operation in order to encourage you to purchase certain Products on our site (“Promotions”).

10.2 The duration of any Promotion, the conditions to be fulfilled in order to benefit from it and the Products covered by the Promotion are indicated to all our customers by email and on our site via which message which indicates it.

11. GIFT VOUCHERS AND DISCOUNT CODES

11.1 We offer gift vouchers for sale online on our site.

11.2 Your gift voucher is sent to you only by e-mail. You must print it or send it by e-mail to the recipient of your choice.

11.3 Gift vouchers are valid for one year from the date of issue and their validity cannot be extended.

11.4 The value of any gift certificate will be deducted from the total cost of your order. If you have money left to spend on your gift voucher, this balance can be used on a future order. There is no minimum purchase amount and the gift certificate can be used for any purchase, including delivery costs.

11.5 Gift vouchers are offered at the fixed amounts indicated on our site.

11.6 Gift certificates and/or discount codes must not be posted on consumer forums; they will be canceled immediately.

11.7 Only one discount code, i.e. only one promotional code or promotional offer, can be used per order (but you can additionally use any gift voucher which you have purchased or which has been given to you offered by an individual).

11.8 When you redeem a gift voucher and/or discount code, you warrant to us that you are the duly authorized recipient of such gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms. of Sale, lawfully and in good faith. If we believe that a gift certificate and/or discount code is being used contrary to these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift certificate or discount code ( depending on the case).

11.9 If you are having difficulty redeeming your gift voucher or discount code or have any questions, please contact us for assistance.

11.10 Any order for Products placed using a gift voucher or discount code will be governed by these Terms of Sale.

12. YOUR INFORMATION

12.1 We process information about you in accordance with our Privacy Policy .

13. LIABILITY - LEGAL GUARANTEES

13.1 We have a legal obligation to supply Products which comply with our contract with you.

13.2 All our Products purchased online and assembled by a professional, supporting invoice, are guaranteed otherwise their guarantees are void.

13.3 Our Products are designed for standard personal use and we make no warranty as to their performance in a professional or competitive environment. We will not be liable to you for loss of profits, loss of business, business interruption or loss of opportunity.

13.4 If we breach a contract we have with you, we will be liable for any loss or damage suffered by you which is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be liable for unforeseen harm or damage. A prejudice or damage is foreseeable if it is an obvious consequence of any breach on our part of the General Conditions of Sale or if it is defined as such at the time of the conclusion of the contract.

13.5 To the extent permitted by applicable law, the maximum amount of loss or damage for which we will be liable is limited to the price you paid for the Product to which the loss or damage you suffered relates.

13.6 We cannot exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentations; (c) liability imposed by the Consumer Rights Act 2015, the exclusion or limitation of which is not permitted under section 31 of the Consumer Rights Act 2015; and (d) defective goods under the Consumer Protection Act 1987.

13.7 This in no way affects your rights provided for by law, and in particular the legal guarantee of conformity provided for by articles L211-4 to L211-14 of the French Consumer Code, and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code. These two legal guarantees apply independently of any commercial guarantee provided by the manufacturer of the product.

14. FORCE MAJEURE

14.1 We cannot be held liable in the event of non-performance or delay in performance of our obligations under a contract which would be caused by events of force majeure, in particular by natural disasters, fires, floods, severe weather conditions, explosions, wars (declared or undeclared), acts of terrorism, acts of central or local government or any other competent authority, it being understood that: (a) we will take all reasonable measures to avoid or minimize non-performance or delay; (b) in the event of any breach of our obligations, we will refund to you all amounts paid under the relevant contract; and (c) in the event of a significant delay, you have the option of informing us of your decision to cancel your order and we will then refund you all amounts paid under the relevant contract.

15. DISPUTE RESOLUTION

15.1 If you have a dispute with us relating to the contract we have with you, please first contact us at [email protected] and try to resolve this dispute with us informally. You can also write to us at the following address: UNDERWY, 655 Chemin du Roguez, Building A1, 06670 Castagniers.

15.2 In the event of difficulties in the application of the GCS, the Customer has the possibility, before any mediation and any legal action, to seek an amicable solution, in particular with the help of a professional association in the branch, an association Council, the European Online Dispute Resolution Service (https://ec.europa.eu/consumers/odr) or any other counsel of its choice.

In the absence of an amicable solution, the Customer may contact the Mediator CM2C (Center for the Mediation of the Consumption of Justice Conciliators) free of charge, 14, rue Saint Jean – 75017 Paris, see the site https://cm2c.net

15.3 In the unlikely event that we are unable to resolve the dispute amicably, we draw your attention to the fact that the EU offers an online dispute resolution platform where EU consumers can expose the disputes resulting from online purchases, and whose address is the following: https://ec.europa.eu/consumers/odr.

Any dispute that cannot be resolved amicably will be dealt with by the courts of the place where the Customer lived at the time of the conclusion of the contract or that of the occurrence of the harmful event.

16. AUTONOMY OF PROVISIONS

16.1 Each of the provisions of these Terms of Sale operates separately. If a court or other competent authority decides that any provision of these Terms of Sale is illegal or unenforceable, the other provisions will remain in effect.

17. UPDATING OF THESE CONDITIONS OF SALE

17.1 We may change or update these Terms of Sale at any time for a variety of reasons, including: (a) a change in the way our organization operates; (b) change in legal or regulatory requirements with which we must comply; or (c) changing the payment methods we accept. However, each of your orders for Products will be governed by the terms published on our site at the time of the order.

18. RIGHTS OF THIRD PARTIES

18.1 Any Contract entered into between you and us is only between you and us. No third party shall have the right to rely on its terms.

19. ASSIGNMENT OF YOUR RIGHTS

19.1 We may transfer our rights and obligations under the contract with you to another organization and we will use reasonable endeavors to notify you in writing if this happens, without this affecting your rights or our obligations under the contract. We will use reasonable means to notify you in writing if this occurs.

20. APPLICABLE LAW AND JURISDICTION

20.1 Depending on the country in which your usual place of residence is located, these Conditions of Sale are governed by French law. This means that a contract relating to the purchase of Products on our site and any dispute or action which would follow or be related to it will be governed by French law.

20.2 Depending on the country in which you are domiciled, the French courts will have non-exclusive jurisdiction to hear any proceedings relating to this contract.

21. CONTACTING YOU

21.1 If we have to contact you or inform you about something in writing, we will do so exclusively by e-mail.

22. CONTACT US

22.1 If you have any questions regarding these Conditions of Sale, send them to us by e-mail at [email protected] or contact us by telephone at 0493266999 (Mon – Fri: 10 am – 6 pm). We can help you.

23. EXCLUSIONS: B2B PURCHASES

23.1 The terms of this Article 24 apply to purchasers who are defined as “consumers” under the French Consumer Code (Preliminary Article).

23.2 Consequently, the terms and conditions which apply to consumers under French law do not apply to purchases made by professionals for the purposes of their professional activity – in particular the right of withdrawal provided for in Article 9 or the legal guarantee of conformity provided for in the consumer code, which is mentioned in Article 14.6 of these Conditions of Sale.

23.3 Notwithstanding the general rule provided for in Article 21 above, the parties expressly agree that, with regard to B2B purchases, this contract is exclusively governed by French law and that, in the event of a dispute, the courts of Paris will be the only competent.

24. THE CONFIGURATOR

24.1 Thanks to the BeastyBike configurator, you will be able to create a totally à la carte assembly using components from the best brands of the moment such as Cinelli, Miche , Look, Mavic, Sram, Brooks, Focale 44, BLB... This personalized assembly can be carried out by fixed gear or single speed on request.

24.2 Over a billion possibilities are available to make your edit totally unique.

24.3 Several buttons are positioned on the interface to help you, just hover over them for their function to be displayed.

24.4 When creating a montage, some components may be grayed out, these are impossible combinations. For example, when choosing the Aventon Mataro frame kit, the choice of the fork is not possible, as it is already supplied with the frame kit. Similarly, the choice of front or rear brake is not always possible, as some frames are not drilled to accommodate a brake.

24.5 All the parts constituting the assembly are not visible. These are grouped together in the “Other parts” pack which includes the parts listed below as well as the assembly of the bike:

  • Rim tape

  • inner tube

  • Fixed gear or Freewheel

  • bottom bracket

  • Fasteners

  • Headset

  • Realization of the assembly (see below)

24.6 The visual rendering that we offer is not contractual. It is necessary to refer to the product sheet in order to validate the component, for this next to each object is a small "red eye" which allows access to the product sheet.

24.7 A montage pleases you: before ordering, here is the procedure to follow:

  1. Send us an email at [email protected]

  2. In the email, indicate the link of the desired assembly, the link is obtained by clicking on the button located under the list of components. Also include your first and last name and telephone number

  3. We will then come back to you very quickly by telephone in order to validate each component, the assembly, the sizes, and to provide you with a deadline for completion (count between 2 and 3 weeks)

  4. Following this interview, you can then order your assembly

24.8 It should be noted that if it is a shipment, the assembly of the bicycle is 80% completed (bottom bracket, crankset, rear wheel, chain, tires, stem, etc. are assembled), the actions following are still to be done:

  • Position the front wheel

  • Mount the handlebars and adjust the headset

  • Mount the brakes

  • Position the handlebar tape/grip/braking

  • Perform brake adjustment

  • Make the tire pressure

All these actions must be carried out by a licensed professional.

24.9 Remember to add the following components to your cart that are not present in the configurator:

  • Grips or handlebar tape

  • Straps

  • Anti-theft

  • Lighting

  • doorbell

  • Helmet

  • ...

24.10 PLEASE NOTE: not all bikes from the configurator include the following equipment:

  • wheel reflector

  • Pedal reflectors

  • Front and rear light system

  • Buzzer

Their use is therefore authorized only on private roads or tracks. BeastyBike and L'Hirondelle Bike Shop under the corporate name UNDERWY decline all liability in the event of use on open roads and its subsets.

All the visuals offered on the configurator are the entire property of the company UNDERWY, any reproduction is prohibited.

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