Terms and Conditions
TERMS & CONDITIONS OF SALE
OF THE WEBSITE WWW. ALLTRICKS.COM
Avanis is a limited liability company with a share capital of €117,352.00 euros whose head office is located in Montigny-le-Bretonneux (78180), France. The company is registered with the Versailles Trade and Companies Register under then reference number B 484 395 629. The company's VAT number is FR 23484395629.
Avanis specialises in the distance selling of cycling equipment (MTB parts, Road, MTB and road accessories...)., via its website "www.alltricks.com" (hereinafter the "Website").
ARTICLE 1 - SCOPE OF APPLICATION
These general conditions of sale apply, without restriction or reserve, to all products offered for sale by Avanis on its Site.
Consequently, any natural person or legal entity (hereinafter "the Customer") ordering from the Avanis company's Website implies full acceptance of these terms and conditions. They are accessible at all times on this Website; the version available online takes precedence over any other version which may exist.
These terms and conditions will remain in force until a new version is made available online. Therefore, the Customer must read and validate the terms and conditions before any valdiation of order.
Avanis reserves the right to adapt or modify these terms and conditions at any time. In case of modification, the terms and conditions applying to an order will be those in force on the day the order was placed.
ARTICLE 2 - PROPERTY
Avanis, and/or where appropriate, its partners, holds all intellectual property rights and/or usage rights for the Website, its contents and all its constituent parts, and in particular copyright, database rights, trademark rights and rights over industrial drawings and models.
The Website, as well as the software, databases, texts, information, analysis, images, photographs, graphics, logos, sounds or any other data contained on the Website, remain the exclusive property of Avanis or, if applicable, its respective partners with whom it has usage of agreement.
The Customer is granted a non-exclusive, non-transferable and private right to use the Website and the data it contains. The right thus granted consists of a right to consult the data and information contained on the Website on-line and a reproduction right consisting of printing and/or backing up the data and information consulted. This usage right strictly applies to private use only.
The Website may not be used for any other purpose, and commercial use by the Customer is especially prohibited. In particular, the Customer must refrain from actions, including but not limited to, reproducing and/or representing for any use other than private, selling, distributing, transmitting, translating, adapting, diffusing and communicating, in whole or in part in any form whatsoever, the information or data on the Website.
Likewise, the Customer must not introduce, by any means, any data that could modify or impair the content or presentation of the Website. Any hypertext link to the Website, regardless of the type of link, must be the subject of a prior authorisation by Avanis, acting in the name and on behalf of the holder of the relevant right, in paper or electronic form.
ARTICLE 3 - PRODUCTS
Avanis may not be held responsible for any minor errors or omissions that may remain despite all the care taken in presenting the products.
The majority of the products sold by Avanis are available from the company's warehouse. Should any part of an order be unavailable, the Customer will be informed of the revised delivery date within 48 (forty-eight) hours.
ARTICLE 5 - PRICES
The prices indicated on the Website are expressed in euros (all taxes are included).
They do not include transportation costs, unless specified otherwise. Avanis reserves the right to modify these prices at any time. However, should prices be modified, the selling price will be the one in effect at the time when the order was placed.
Transport costs can be consulted at any time in the "basket" section of the Customer's account.
The price indicated in the order confirmation from Avanis is the final price. The payment itself will only be considered final after Avanis has effectively received the funds.
ARTICLE 5 - ORDERS
Any order form validated by the Customer by "double clicking" (two-step order validation process) constitutes an irrevocable acceptance of the contract of sale which can only be called into question within the limits provided in these terms and conditions in respect of the "right to withdraw" and "stock-out ". The "double click" ordering process combined with the authentication procedure and themessage integrity protection procedure constitute the confirmation of the sales contract.
Avanis will confirm acceptance of the order to the Customer at the email address he/she has provided.
Avanis reserves the right to cancel any order from a Customer with whom the company has an unresolved payment dispute from a previous order.
The Customer is bound by the information they provide when placing an order: Avanis cannot be held responsible for any inability to deliver goods caused by an error in the recipient's contact details. Any product delivered at the address provided by the Customer will be considered as the correct delivery address.
Should goods need to be resent due to a lack of information and/or an error on the Customer's part, the new delivery will be invoiced to the latter.
Should the Avanis company make an error in regards to the content of the Customer's order, the latter will have to contact the after-sales service before any return. If applicable, the return will be assumed by the Avanis company in the context of a return in economic mode, and will be insured according to the value of the goods.
ARTICLE 6 - PAYMENT
The Customer will be invoiced for the price indicated on the order confirmation provided by Avanis.
For deliveries outside mainland France, the Customer agrees to pay, if necessary, all taxes due in this respect.
Avanis clears itself of any responsibility should the client fail to pay their taxes.
When the actual order is placed, payments are made:
- by credit card online (blue card, VISA, Mastercard),
- by credit card by telephone,
- or in several instances, by the 3-4 FACILY PAY reserve system (see article 14),
- by bank cheque,
- by bank transfer,
- by Paypal,
- or by money order.
The Customer's valid order will only be considered effective once the payment has been received by Avanis.
Furthermore, Avanis reserves the right to refuse any order from a customer with whom the company is in dispute.
Information about the Customer's credit card is securely transmitted (128-bit SSL encryption) directly to the Avanis banking partner website. They do not pass through the Avanis server. The latter only memorises the payment method used.
In the event that Avanis is held responsible for damages arising from an error in the sums debited, Avanis may be exempt from all or part of its liability by proving that the failure or improper performance of the contract is attributable either to the consumer or to the unforeseeable and unavoidable action of a third contractor, or a case of absolute necessity.
ARTICLE 7 - DELIVERY
Article 7.1: Delivery methods and time frames
Following confirmation of the order, Avanis undertakes to deliver all of the articles ordered by the Customer (subject to availability) to its transporter within 24 hours (excluding weekends and public holidays), and to notify the Customer by email. The current delivery route can also be tracked on the Customer's account.
For deliveries to mainland France, the carrier undertakes to deliver the order to the address given by the Customer to Avanis within a period of between twenty-four (24) and seventy-two (72 ) working hours by Colissimo (Monday to Saturday), twenty-four (24) working hours by Chronopost (Monday to Saturday), seventy-two (72) to one hundred and twenty (120) working hours by Mondial (Relay Monday to Saturday) and seventy-two (72) to one hundred and twenty (120) working hours by France Express (Monday to Saturday). Deliveries are made between 8 a.m and 6 p.m at the address provided by the Customer. If the Customer is absent, they will receive a notice of passage in their mailbox, by email or by SMS, depending on the transporter chosen.
For reasons of availability, an order can be delivered to the Customer several times. The Customer only has to pay for one delivery.
If the Customer chooses two (2) places of delivery, he passes two (2) orders, the respective delivery costs of each order will be invoiced to him.
Should the delivery suffer a delay beyond what is stipulated in the contract, the Customer must contact Avanis Customer Service (from his customer account, by email, or by letter) in order to request that the delivery be carried out within a reasonable additional period.
If the delivery is still not made within this additional period, the Customer may request cancellation of their order from the Avanis Customer Service (by email or by letter). The order will be considered canceled upon receipt of this request. In this case, the Customer will be reimbursed for all amounts paid within 14 days.
Article 7.2: Receipt
The Customer is required to sign the delivery note on receipt. This delivery note constitutes proof that the order has been received.
The person who receives the order is responsible for expressing any reservations he or she considers necessary in writing on the delivery note, giving full and precise details.
If there are apparent defects, the Customer may return under the conditions set out below.
If the Customer witnesses an anomaly, he or she must inform the Avanis customer service as soon as possible by any means. The Customer retains the right to request the application of legal guarantees.
Article 7.3: Returns and exchanges for non-conformity or defective products
The Customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force.
In the event that the Customer refuses a delivery for non-conformity or defect of the products ordered, it is highly recommended to contact the Avanis customer service immediately, in the "Service" section on the Website, to determine the applicable procedure and to define the return location.
The Customer is warned that the pickup points in "Point Relais" have for exclusive mission to allow the withdrawal of the goods ordered by the Customer Indeed, the "Point Relais" are not entitled to take the goods back without the express agreement of Avanis. Thus, the Customer can never go to a "Relay Point" in order to make the return of his delivery, unless he has received prior written consent by email from Avanis according to the return procedure Indicated in the "Customer service" section on the Website. In the event that the Customer did not comply with the return procedure and went to a "Point Relais" without the prior agreement of Avanis to return the ordered products, the "Point Relais" would be entitled to refuse the exchange of the returned products.
The Customer disposes of the legal time frame to exchange, to claim a credit note or to have the price refunded, totally or partially, in accordance with the provisions of Article L.217-10 of the French Consumer Code.
All items must be returned with their accessories and user instructions and, if possible, in their original packaging.
ARTICLE 8 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership of Avanis' products to the Customer will only be carried out at the time of delivery of said products.
ARTICLE 9 - RIGHT OF WITHDRAWAL
9.1 The provisions of Articles L.221-18 et seq. of the Consumer Code are expressly stated.
Article L.221-18 of the Consumer Code: The consumer has a period of fourteen days to exercise their right to withdraw from a contract concluded at a distance, following cold calling or off-site calling, without having to justify their decision or to bear costs other than those stated in Articles L. 221-23 to L. 221-25.
9.2 Under the conditions provided for in Article L.221-18 of the Consumer Code, the Customer shall have a withdrawal period of fourteen (14) working days from the date of receipt of the products in order to demonstrate their will to return them to the supplier:
Service Retour ALLTRICKS
7 rue des 13 Langues
9.3 Goods will only be accepted for exchange or refund if they are returned by post with a signature required on the delivery, in perfect resale condition, with their accessories and user instructions, in the fourteen (14) days following communication of the decision to withdraw.
The costs of return will be at the exclusive charge of the Customer. Avanis is not responsible for lost returned goods.
9.4 Avanis is obliged to exchange the products, or to refund the sums paid by the Customer without expenses, except for the costs of return. The refund is due within a maximum period of fourteen (14) days. All refunds are made through the means of payment used by the Customer when placing the order.
9.5 If the Client exercises his right of withdrawal, when the price of the order, which is the object of the withdrawal, is wholly or partly covered by a credit granted to the Customer, the credit agreement is terminated without penalty.
9.6 Only items specific to new marketing will be accepted in return.
9.7 In order to ensure proper handling of the request, it is advisable that the Customer keep Avanis informed in due time and follow the detailed return procedure in the "Customer service" section of the Website. The Customer can never go to a "Point Relais" to make the return of its delivery without having received prior agreement, written by email, from Avanis.
9.8 Beyond the fourteen (14) days of the withdrawal period, the Customer retains the right, for thirty (30) days, to return their items for exchange or to receive a credit note under the same conditions as those provided above.
ARTICLE 10 - RESPONSIBILITY - WARRANTY
10.1 In accordance with the regulations in force, Avanis assumes, in respect of the Customer, responsibility for the products delivered and consequently guarantees the latter against any claim or demand, judicial or amicable, resulting both from the damages caused to the products as well as those caused to persons by means of said products.
10.2 In accordance with the legal provisions,Avanis also guarantees the Customer against any hidden defect affecting the products delivered and rendering them unfit for use, as well as the resulting damaging consequences, provided that the Customer reports proof of the hidden defect. The action in warranty for hidden defects must be instituted within two years of the discovery of the defect.
10.3 The products sold on the Avanis Website comply with the regulations in force in France.
In any event, Avanis can not be held responsible for non-compliance with the regulatory and legislative provisions in force in a receiving country other than France.
The Customer is solely responsible for the choice of products, their maintenance and their use.
10.4 In accordance with the provisions of the Consumer Code, the professional is responsible ipso jure to the consumer for the proper execution of the obligations arising from the contract concluded at a distance, irrespective of whether these obligations are performed by the professional who has concluded the contract or by other service providers, without prejudice to their right of appeal against them. However, the professional may exonerate themselves from all or part of their liability by proving that the failure to execute or the improper execution of the contract is attributable either to the consumer or to the unpredictable and insurmountable fact of a third party to the contract, or to a case of force majeure.
10.5 Unless the producer is not identifiable, Avanis can not be held responsible for damages of any kind, whether material, immaterial or corporeal, which could result from a malfunction or misuse of the products commercialised. The same applies to any changes in the products resulting from the manufacturers.
Furthermore, to the extent permitted by law, Avanis can not be held responsible for more than an amount corresponding to that of the transaction in which a dispute arose.
10.6 In addition to the legal guarantee of conformity and the legal guarantee of hidden defects, certain products benefit from a specific commercial warranty. Where applicable, the warranty period for these products is mentioned specifically on their respective product sheets.
This warranty does not cover equipment used in connection to competition or rental, the damages related to wear, misuse, absence or lack of maintenance, or any change in the product that occured after its delivery.
This warranty does not cover:
- The replacement of products considered to be consumable,
- The non-conforming, irregular and abnormal use of the products,
- Defects or specificities of a product that are mentioned in the product sheets,
- The defects and their consequences related to the improper use of the product instead of its intended use.
The Customer shall return the defective product(s) directly to the supplier only after having received the agreement of the Avanis Return Service by email or by telephone. The detailed terms of the return procedure will be specified in the email sent to the Customer by the return service of Avanis.
10.7 Within the confines of this specific commercial warranty, all returns of defective parts remain the responsibility of the Customer. The costs of returning new or repaired equipment are taken care of by Avanis. Any incomplete or partial return can not be included in the warranty. Any traces of modification or disassembly will nullify the warranty.
For any additional information, the Customer may contact the customer service by email at: email@example.com
ARTICLE 11 - Confidentiality- Personal datas protection
This General Use Conditions are submissive to the european dispositions regulation 2016/679 of the 27th of April 2016 related to the physique people protection with regard to the personal datas treatment and to the free datas flow, just as the ones of the n°78-17 law of the 6th of January 1978 related to IT, files and liberties and to any other regulation practicable in this matter which will later complete or substitute them. The nominative information and personal datas with regard to the Customer are necessary to their orders management and to the commercial relations between Avanis and him. This datas are, for example: Name, Address, Phone number, E-mail, Debit card information, IP address. In this information absence, Avanis will not be able to provide this service. This information can be passed to the companies which contribute to this relations such as those which are in charged of the service and orders execution for their management, execution, treatment and payment. This computer treatment was the subject of a declaration to the CNIL (French National Commission on Informatics and Liberty), under the number: 1390007.
This information and datas are kept by security, so as to respect the legal and regulatory obligations. They can be used by Avanis in order to adress to the Customer some promotional offers for having statistics and fighting against fraud, for the commercial development legitimate interest, for their tecnics system improvement and their Customer appreciation and, finally, if it needs be, with the Customer consent, for services personnalization, particularly through advertising. According to the choice effected during the creation or the consultation of his account, the Customer will be likely to receive the Avanis company offers.
You can unsubscribe at any time from the Avanis Newsletters either by clicking on the link present in all emails or by going to the page at this address: www.alltricks.com/newsletter/unsubscribe
You also have the option to register on the opposition list for cold calling. You can find more information about this package on the site http://www.bloctel.gouv.fr/
The website also provides customers with the means to evaluate the performance of third-party sellers at the end of the delivery of the order. The assessment is carried out according to evaluation criteria. As such, AVANIS does not control the appreciation made by the customers, which it merely stores on the website. It may, however, be required to delete, without notice, any assessment the content of which has been reported to it to be unlawful. The evaluations left by the customers, as well as the pseudonym of the Customer, may be visible to any visitor to the website. The Customer agrees to comment and evaluate the performance of third-party sellers in an objective manner and acknowledges being aware of exposing himself to prosecution, particularly in the case of defamatory, slanderous and / or deceptive comments.
The Customer can also consult and modify his personal data in his customer area. The Customer has a right of access, modification, opposition, portability, limitation and deletion of information concerning him, as well as to define directives concerning the fate of his personal data in case of death, that he will send by simple mail to Avanis, and justifying his identity:
ALLTRICKS - Service Client
5 avenue Newton, ZAC du Pas du Lac
78180 Montigny-le-Bretonneux - France
The Customer finally has the right to lodge a complaint with a supervisory authority.
ARTICLE 12 - COMPANY CONTACT DETAILS
7 rue de la Fosse aux Canes
28200 CHATEADUN - France
Tel: +33 (0)1 30 48 90 07
ARTICLE 13 - DISPUTES AND APPLICABLE LAW - TREATMENT OF CLAIMS - MEDIATION
All the clauses in these terms and conditions, as well as all the purchase and sales transactions referred to herein, will be subject to French law.
Any complaint can be sent via the contact forms available in the "Contact" tab, and you will be answered by email as soon as possible.
In the event of difficulties in the application of these terms and conditions, the Customer has the possibility, before any mediation and any legal action, to seek an amicable solution notably with the help of a professional association of the branch, a consumer association, or any other council of its choice.
For lack of an amicable solution, the Client may seize free of charge the consumer mediator FEVAD (French Federation of e-commerce and distance selling) which can be contacted at this address: 60 rue de la Boétie 75008 Paris (see http://www.fevad.com/mediation ).
The Customer is reminded that, as a general rule and subject to the judgement of the courts, for the provisions of these current terms and conditions to be honoured, it is assumed that the Customer has fulfilled his or her financial commitments towards Avanis.
Any dispute which can not be resolved amicably shall be submitted to the competent courts of the jurisdiction where the Customer stayed at the time of the conclusion of the contract or that of the occurrence of the harmful event.
ARTICLE 14 - MENTIONS 3-4 TIMES FACILY PAY
Pay your order in 3X or 4X free of charge by credit card from 80€ of purchases up to 4,000€ with Facily Pay
Our partner Oney Bank offers you a financing solution called Facily Pay, which allows you to pay your purchases from 80€ to 4,000€ in 3 or 4 times free of charge with your credit card.
This offer is reserved for individuals (natural persons who have reached their majority) residing in France and holding a Visa and MasterCard credit card with a longer validity date than the duration of the chosen financing.
Catrds with systematic authorisation such asElectron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards, are not accepted.
Terms of subscription:
After completing your order, you jsut need to click on the "payment button in 3 or 4 times by credit card".You will be redirected to our partner's Facily Pay web page, displaying the detailed summary of your order and the request for personalised financing, which you must then validate.
You enter your personal information or, if you have a Facily Pay account, you identify yourself using the connection identifiers for your Facily Pay account; you read the terms and conditions to pay in instalments to which you wish to subscribe and they will also be provided to you in PDF format so that you can read, print and save them before accepting them. Finally, you notify your electronic acceptance in the corresponding checkbox.
You acknowledge that the "double click" associated with the checkbox implies that you acknowledged that the terms and conditions are binding you and constitute an irrevocable and unreserved acceptance of the terms and conditions of the product.
Unless proved otherwise, the data recorded by Oney Bank constitute proof of all transactions between you and Oney Bank.
If you request a financing solution from Oney Bank, the information relating to your order will be forwarded to Oney Bank, which will use it for the purpose of considering your request for the grant, management and cost recovery.
Oney Bank reserves the right to accept or reject your request for financing in 3 or 4 times.
You have a 14-day withdrawal period to waive your credit.
The payment in 3 or 4 times without charge by credit card allows you to pay the order made on our merchant site in the following way:
- A mandatory contribution, debited on the day that the shipment of your order is confirmed, corresponding to one third of the order,
- Two or three monthly instalments, each corresponding to one third or one quarter of the order, debited at 30 and 60 days after for the 3-time instalment and at 30, 60 and 90 days after for the 4-time one.
The payment in 3 times free of charge from 80€ of purchase and up to 4,000 €
Example: For a purchase of 300€ made the 01/07/2016, you pay a contribution of 100€, then 2 monthly payments of 100€ on the 01/08/2016 and the 01/09/2016.
Credit for a duration of 2 months at fixed APR of 0%. Cost of financing: 0€.
The payment in 4 times free of charge from 80€ of purchase and up to 4,000 €
Example: For a purchase of 400€ made the 01/07/2016, you pay a contribution of 100€, then 3 monthly instalments of 100€ on the 01/08/2016, 01/09/2016 and 01/10/2016.
Credit for a duration of 3 months at fixed APR of 0%. Cost of financing: 0€.
Facily Pay is a financing solution proposed by Oney Bank - S.A. with a capital of 50,786,190€ - Registered office: 40 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - n° Orias: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr