GENERAL CONDITIONS OF SALE AND USE
Legal Notice and Scope
This site is published by HEROON LTD.
Registration number 2717634
2301 Bayfield building, Henessy Road 99 WANCHAI HK
The intra-community VAT number is FR95889160842
The publisher can be reached by email at the following address: firstname.lastname@example.org and at (712) 201-3544.
This site is hosted by Shopify. Inc., whose head office is located at 126 York St. Ottawa, ON K1N 5T5, in Canada.
Acceptance of terms and conditions
The subscription to a contract governed by these general conditions, with the publisher of this site supposes the acceptance, by the Internet user, of these general conditions. The Internet user acknowledges by the same fact that he has taken full knowledge of it. The Internet user recognizes the value of proof of the automatic registration systems of the publisher of this site and, except for him to provide proof to the contrary, he renounces to contest them in the event of a dispute.
The acceptance of these general conditions supposes on the part of Internet users that they are of legal age and have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or a curator. they are incapable.
Modification of the general conditions
These general conditions may be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.
The availability of products is indicated on the site, in the description of each item.
In order to place an order, Internet users can select one or more items and add them to their basket.
When their order is complete, they can access their basket by clicking on the button provided for this purpose.
By consulting their basket, members will be able to check the number and nature of the items they have chosen and will be able to check their unit price as well as the overall price of the order. They will be able to remove one or more items from their basket and modify the options.
On this summary (quote) will be indicated all the items and services invoiced or offered to the customer.
If their order suits them and they wish to validate it, Internet users will be able to continue and they will then access an identification form in which they can either enter their connection identifiers if they already have them, or register on the site by completing the form presented to them, with the personal information concerning them.
As soon as they are connected or after they have fully completed the form, customers will be invited to check or modify their billing and delivery details, to choose a method of payment and then will be invited to make their payment by being redirected for this purpose on the secure payment interface.
Once the payment has actually been received by the publisher of the site, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum period of 24 hours.
Similarly and within the same deadlines, the publisher undertakes to send the customer an e-mail summarizing the order and confirming that it has been processed, also containing all the information relating to the order, the products ordered, their delivery. , as well as the procedures for exercising their right of withdrawal.
The prices indicated on the site are understood in Euros. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and have no effect for the future.
Title retention clause
The products and articles remain the property of the seller until full payment of their price, in accordance with this retention of title clause. The risks are nevertheless transferred to the buyer or the user as of their delivery.
The Internet user can place an order on this site and can pay by credit card and Paypal.
Credit card payments are made through secure transactions provided by the service provider: Stripe. In the context of payments by credit card, the publisher of this site has no access to any data relating to the means of payment of the user. Payment is made directly to the bank.
Orders are delivered by La Poste, Chronopost, Colis Privé, DPD, delivery times vary from 5 to 15 working days.
Orders may be delivered in several packages.
Personalized products may nevertheless justify a longer delivery time, this will be expressly mentioned to the attention of the consumer during the validation of the order as well as by email.
b) Apparent defect
The customer undertakes to check the conformity of the product with his order upon delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint, within 14 clear days of delivery. After this period, the product will be deemed to have been received by the customer, who will no longer be able to rely on a delivery error or an apparent defect.
c) Damage and partial losses
Receipt of the objects transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this reception, the recipient has not notified the carrier, by registered letter, of his reasoned protest.
Complaints related to the transport of the products must therefore be entered on the transport document, then confirmed to the carrier and the publisher by registered letter with acknowledgment of receipt within three clear days of receipt of the products barely foreclosure of reservations and claims.
Provisions relating to consumer rights
a) Customer Service
The customer service of this site is accessible by email at the following address: email@example.com.
b) Right of withdrawal
In accordance with the legislation in force, consumers have a period of 14 days from the date of receipt of the package to request an exchange or refund.
Under no circumstances will consumers be able to claim the exercise of any right of withdrawal for orders of all products that are clearly personalized or made to their specifications.
c) Late delivery
We undertake to compensate customers in the event of delay in the form of a purchase voucher as well as financial compensation (partial reimbursement of the order) in compensation for the damage suffered.
In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to take advantage of the resolution of the sale provided for in this article.
By ticking the box provided for this purpose or by expressly giving their consent to this end, members agree that the publisher may send them, at a frequency and in a form that it will determine, a newsletter (newsletter) which may contain information relating to its activity.
When the user ticks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribed members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
The member who has accepted the communication of personal data (and in particular his e-mail address) to third party partners of this site may be required to receive newsletters (newsletters) issued by these partners, on a commercial basis or not, at the frequencies and in the forms determined by the said partners.
The member has the option at any time to unsubscribe by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by the said partners. Failing this, the member has the option of unsubscribing by directly contacting the issuer(s) of the said newsletters (newsletters). The publisher of this website can in no way be held responsible for the content, data or forms of the newsletters (newsletters) sent by the said partners, regardless of the damage that may have been suffered by the member. Any complaint must be made directly to the issuer of the newsletter (newsletter).
Mentions relating to the Data Protection Act of January 6, 1978
Internet users are free to provide personal information about themselves. The provision of personal information is not essential for navigation on the site. On the other hand, the inscription on the present site supposes the collection, by the editor, of a certain amount of personal information concerning the Net surfers. Internet users who do not wish to provide the information necessary for the use of the services offered by this site as well as, where applicable, necessary for the creation of a personal space, may not use the services offered by the publisher of this site, or place an order on this site.
In the context of an order on this site, the information relating to the collection of data relating to payment, in particular the bank card number and its use for commercial identification purposes is subject to the collection of the consent of the person concerned. , through the various forms present on the site.
The data collected is necessary for the proper administration of the services offered on this site as well as for the respect of its contractual obligations by the publisher. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, except with the express consent of the users or in cases provided for by law.
The contact details of all users registered on this site are saved for a period of one year, a reasonable period necessary for the proper administration of the site and normal use of the data. These data are kept under secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
In accordance with the latter, they have the right to oppose, query, access and rectify the data they have provided. To do this, they just need to make a request to the publisher of this site, by sending it to the following email address: firstname.lastname@example.org, or by post to the address of the publisher's headquarters mentioned at the top of these general conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the site editor.
The personal data collected is not subject to any transfer abroad.
In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of all Internet users. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow the proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.
The publisher must communicate all personal data relating to an Internet user to the Police (on judicial requisition) or to any person (on a judge's order). The IP address of your computer may be reconciled with the effective identity of the subscriber held by the ISP (internet service providers).
Personal data and protection of privacy
The publisher acts in accordance with European law in terms of data collection and processing. Each person with an account is able to modify the data collected at any time by logging into their account from remmotorcycle.com.
The data collected is only for the purpose of being able to deliver the orders as soon as possible and under the best possible conditions. The publisher undertakes not to make commercial use of customer data and to transmit them to third parties, in any form (exchange/resale to third parties) except for the proper delivery of an order.
Notices relating to the collection of “cookies”
In order to allow all Internet users an optimal navigation on this site as well as a better functioning of the various interfaces and applications, the publisher may proceed to the implementation of a cookie on the user's computer station. This cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be kept on the Internet user's computer for a variable period of up to one year, and may be read and used by the publisher during a subsequent visit by the Internet user to this site. .
The user has the possibility of blocking, modifying the retention period, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him from using certain services or functionalities provided by the publisher, this malfunction can in no way constitute damage for the member who will not be able to claim any compensation for thereby.
Exemption from liability of the publisher in the context of the execution of this contract
In the event of impossibility of access to the site, due to technical problems or of any nature, the customer cannot claim damages and cannot claim any compensation.
By express agreement between the parties, the customer acknowledges that the publisher will only be able to perform the obligations entered into at the conclusion of the contract when the latter has in its possession all the elements required and requested during the ordering process.
In case of delivery of a manifestly and visibly damaged package, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package is prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for Internet users and can in no way give rise to the granting of damages from the site or of its publisher.
The visual representations of the products, published on this site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no way be attributed to the publisher who can in no way be held liable for this fact.
The hypertext links present on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of the publisher of this site cannot be engaged if the visit by the Internet user to one of these sites causes him harm.
The intellectual property rights relating to the elements published on this site
All the elements constituting this site belong to the publisher and are therefore protected by the legislation relating to intellectual property.
Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be likely to give rise to legal proceedings brought against you by the editor.
This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.
Applicable law and jurisdiction clause
These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French.
Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action.
Nullity and non-waiver clause
If one of the clauses of these general terms and conditions were to be declared null by a court decision, this nullity could not entail the nullity of all the other clauses, which would continue to produce their effect.
The fact, for the publisher, of not taking advantage temporarily or permanently of one or more clauses of these general conditions, will in no case entail a waiver to take advantage of the rest of the general conditions.
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age minor in your charge to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor must you, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to laws relating copyright).
You must not transmit any worms, viruses or any other code of a destructive nature.
Any breach or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
Terms and conditions
We reserve the right to deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without authorization prior express writing from us.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
Accuracy, Completeness and Timeliness of Information .
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some prior information. This prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Changes to services and prices
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice and at any time.
We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
Products or services
Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of colors will be accurate.
We reserve the right, but are not obligated to, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time of the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please see our Returns Policy.
We may provide you with access to third party tools over which we do not monitor, control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third party tools.
If you use optional tools offered through the Site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new functionalities and these new services will also be subject to these General Conditions of Sale and Use.
Third Party Links
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate the content or accuracy of any such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third-party websites. Please read the third party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding such third party products should be directed to such third parties.
Comments, suggestions and other user proposals
If, at our request, you submit specific content (for example, to participate in competitions), or if without our request, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at all times, and without restriction, to edit, copy, publish, distribute , to translate and otherwise use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property or these General Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, registered trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service. or any other related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third-parties as to the origin of any comments. You are fully responsible for all comments you post and their accuracy. We take no responsibility and disclaim all liability for any comments posted by you or any third party.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, fees shipping of products, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or to cancel orders, if any information in the Service or on any other related website is inaccurate, and this , at any time and without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No set update or refresh date in the Service or on any related website should be relied upon to conclude that information in the Service or on any related website has been modified or updated.
In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a way that impairs the functionality or operation of the Service or any other associated, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information from, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
Disclaimer of Warranties and Limitation of Liability
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Remmotorcycle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (even in negligence), strict liability or otherwise, arising out of your use of any service or product from this Service, or for any other claim relating in any way to your use of the Service or of any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of them occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Remmotorcycle, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, with respect to any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your breach of any law or the rights of a third party.
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the full extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation shall not affect the validity and applicability of all the other remaining provisions.
The obligations and liabilities incurred by the parties prior to the termination date shall survive termination of this Agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we judge, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you. in advance and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof ).
Any failure on our part to exercise or apply any right or any provision of these General Conditions of Sale and Use should not constitute a waiver of this right or this provision.
These Terms of Service or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to any prior version of the General Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted to the detriment of the drafting party.
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, will be governed by and interpreted under the laws in force in Hong Kong.
Changes to the general conditions of sale and use
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site regularly to check whether any changes have been made. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.