General conditions of sale to individuals

Article 1 • Purpose and acceptance of the T&Cs

The company Atelier Velocidade (VELOCIDADE) offers for sale ethical and ecological bicycle luggage (hereinafter referred to as the “Products”).

These general conditions govern the sales of Products made by the company VELOCIDADE on the website www.ateliervelocidade.com (hereinafter the "Site") to any adult natural person purchasing the Products for use outside their professional activity, domiciled in mainland France and Monaco (hereinafter the "Customer").

When the Customer clicks on the confirm order button to confirm his order for the Product(s) he has selected, he acknowledges having read these general terms and conditions of sale and accepts them without reservation.

The Customer is therefore invited to read the following clauses carefully.

The Customer may not purchase any of the Products presented on the Site without having first accepted these General Conditions of Sale.

For the purposes hereof, it is agreed that the Client and VELOCIDADE are collectively referred to as the “Parties” and individually referred to as the “Party”.

Article 2 • Products

• 2.1 Essential characteristics and presentation

The photographs or illustrations of the Products presented on the Site are non-contractual. Consequently, VELOCIDADE cannot be held liable in the event of non-conformity between one of these photographs or illustrations and the Product.

VELOCIDADE informs the Customer of the essential characteristics of the Products offered for sale, relating, in particular, to:

• the make and model,
• Product references,
• the price,
• guarantees,
• technical characteristics,
• etc…

VELOCIDADE invites the Client to take note of these characteristics.

VELOCIDADE undertakes to deliver Products that comply with the laws and regulations in force, in accordance with national and European provisions.

• 2.2 Availability

VELOCIDADE undertakes to honor online orders within the limits of available stocks.

The Products available are those appearing on the Site on the day of consultation by the Customer, unless otherwise stated and in special cases such as incorrect stock due to a barcode and/or labeling problem.

At any time, VELOCIDADE reserves the right to cease marketing a Product, without this calling into question orders already placed for said Product.

In the event of unavailability, VELOCIDADE undertakes to inform the Customer as soon as possible by email. The Customer may then cancel or modify their order, and a replacement product may be sent to them with their agreement.

In the event of cancellation, the Customer will be reimbursed within a maximum of fourteen (14) days from receipt of the reimbursement request if payment has already been made.

Article 3 • Price

Prices are indicated in euros, all taxes included, excluding transport costs and excluding customs duties or other duties and/or taxes linked to the importation of the Products into the Customer's country, where applicable, which the latter will be responsible for.

It is specified that the value added tax is French VAT at the normal rate in force on the day the order is validated.

If the VAT rate were to be modified, these changes may be reflected in the price of the Products.

Processing, delivery and packaging costs are charged in addition. They vary depending on the delivery method chosen by the Customer and are free for any order over €100.

Delivery costs are indicated in the “Delivery and returns” tab as well as on the order summary before validation of the order.

VELOCIDADE reserves the right to modify the prices indicated on the Site at any time and without notice. The Products will be invoiced on the basis of the prices in effect at the time the order is validated by the Customer.

Article 4 • Customer account

Orders are placed online, directly on the Site.

When placing the first order, the Customer has the option of creating a customer account: a username and password must then be entered by the Customer.

If the Customer loses his password, he enters his email address in the corresponding field and the system automatically sends it to his email address.

The information provided by the Customer when creating the customer account is binding on the Customer. In the event of an error, particularly in the wording of the recipient's contact details, VELOCIDADE cannot be held responsible for any inability to deliver the Products.

Article 5 • Placing an order

The Customer places his order from the Site and chooses the number of Products, the color and the size. Any order constitutes acceptance of the price corresponding to the Product(s) ordered.

It also indicates the delivery address, chooses the delivery method as well as the payment method.

Once the order has been completed, the Customer has the possibility to check the Product(s) ordered, the number and the total price of the order in a summary. The Customer may, if he wishes, modify or cancel the order.

He validates his order by clicking on the Confirm order button, he then declares to accept it as well as all of these General Conditions of Sale, without reservation.

Finally, the Customer proceeds to payment. He will receive his order form by email.

As soon as your order is registered, an acknowledgement of receipt of the order is sent to the email address you provided.

This acknowledgement of receipt, accompanied by the withdrawal form, specifies:

• the order number,
• the essential characteristics of the Product,
• the quantity of Products,
• the amount invoiced, including transport costs,
• confirmation of payment,
• the terms and delivery address of the order,
• VELOCIDADE's contact details,
• information relating to after-sales service and commercial guarantees where applicable,
• a reminder of the legal guarantees of conformity and hidden defects;
• information relating to the conditions and procedures for exercising the right of withdrawal by the Customer.

This acknowledgement of receipt validates the transaction. The Customer accepts that the computerized order recording systems constitute proof of the purchase and its date.

VELOCIDADE reserves the right to refuse or cancel an order if it appears abnormal, particularly with regard to the quantities ordered, suggesting that the Customer is purchasing the Products to resell them.

Article 6 • Payment and retention of title

Full payment is made at the time of ordering, in euros.

Payment is made by credit card only: CB, VISA, AMERICAN EXPRESS, MASTERCARD and EUROCARD.

The transaction is immediately debited from the Customer's bank card after verification of the card details, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes VELOCIDADE to debit his bank card for the amount corresponding to the price of the Products to which are added the delivery costs, all taxes included.

For this purpose, the Customer confirms that he is the holder of the bank card to be debited, that the name on the bank card is indeed his and that he has the necessary authorizations to make the payment if applicable. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.

In the event of fraudulent use of his bank card on the Site, the Customer is invited to contact VELOCIDADE at the following number: 06 52 66 55 16 from Monday to Friday, from 9 a.m. to 12 p.m. and from 2 p.m. to 5 p.m., excluding public holidays, or by email at the following address: hello@ateliervelocidade.com

In the event that the debit of the sums owed by the Customer is impossible, the sale will be immediately terminated by operation of law and the order will be cancelled.

A detailed invoice is sent by email to the Customer for each order. The invoice also remains available in the customer account for 1 year.

The Products remain the property of VELOCIDADE until receipt of all sums owed by the Customer under the order, including costs and taxes.

Article 7 • Securing payments

The Site is subject to a security system: the SSL encryption process, reinforced by a set of scrambling and encryption processes to protect as effectively as possible all sensitive data linked to means of payment, and in particular a Crédit Agricole plug-in.

Article 8 • Delivery

The Products are delivered to the delivery address indicated by the Customer during the ordering process.

It is the Customer's responsibility to verify the completeness and conformity of the information provided to VELOCIDADE, the latter not being, under any circumstances, responsible for any data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the Products will be entirely borne by the Customer.

VELOCIDADE will deliver orders accompanied by a delivery note within a maximum of 5-7 days for delivery to Metropolitan France, and 7 days for Monaco.

It is specified that the delivery times indicated are understood to be in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the processing, preparation and delivery times of the order. They run from the date of confirmation of the order by VELOCIDADE.

In the event of the delivery date being exceeded, the Customer may obtain termination of the sales contract by sending a registered letter with acknowledgement of receipt to the following address: Atelier VELOCIDADE – 6 rue astronome vidal 09500 Mirepoix if, after having formally notified VELOCIDADE to make the delivery within a reasonable additional period, the latter has not been carried out within this period.

The contract is, where applicable, considered terminated upon receipt by VELOCIDADE of the letter, unless it has made delivery in the meantime.

In the event of termination, the Customer will be reimbursed, by any means of payment, for all sums paid, as soon as possible and at the latest within fourteen (14) days following the date of receipt of the letter by VELOCIDADE.

VELOCIDADE cannot be held responsible for non-performance of the contract, in particular in the event of failure to deliver, due to the Customer (incorrect delivery address), an unforeseeable and irresistible act of a third party to the contract or a case of force majeure.

The amount of the delivery costs depends on the geographical area of ​​delivery, the chosen delivery method and the amount of the order. It is specified on the “Delivery and returns” page. In any event, the amount of the delivery costs is indicated to the Customer before the order is validated.

Article 9 • Receipt of the order and conformity of the Products

Upon receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to issue, where applicable, any reservations and complaints on the carrier's delivery slip and to inform VELOCIDADE by sending a copy of the reservations made to the carrier by post or email within 5 working days following the date of delivery of the Products to the following address: 6 rue astronome vidal, 09500 Mirepoix.

The Customer must also make any claim for delivery errors and/or shortages to VELOCIDADE within 5 days of delivery. Any claim made after this period will be rejected without any possibility of appeal.

The Customer is also required to check the conformity of the Products received in execution of his order at the time of delivery. Any non-conformity or defect must be notified to VELOCIDADE within the legal time limits.

Article 10 • Guarantees

The Products are guaranteed for a period of two (2) years from their date of purchase by the Customer, against any design and/or manufacturing defect.

Excluded from this warranty are damages caused to the Products resulting from:

• from misuse, abuse or neglect;
• failure to comply with washing and maintenance instructions, causing in particular discoloration, deterioration or shrinkage;
• from falls or other incidents: traces of impacts, scratches or cuts;
• from normal wear and tear of materials.

Furthermore, it is recalled that VELOCIDADE is bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 of the consumer code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

When acting under the legal guarantee of conformity, the Customer:

• benefits from a period of two years from delivery of the goods to take action;
• may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, in which case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Article L217-4 of the Consumer Code
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

Article L217-5 of the Consumer Code
The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:

• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-6 of the Consumer Code
The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.

Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

In the event of a return due to non-conformity or hidden defect, the Customer must make a request to VELOCIDADE customer service, by email to the following address: hello@ateliervelocidade.com, stating in detail the defect or non-conformity noted.

VELOCIDADE will examine the Customer's request and will proceed, at the Customer's choice, to the exchange or reimbursement of the Product(s), shipping and return costs, if the request proves to be well-founded.

No returns due to non-conformity or hidden defect will be accepted without prior validation from VELOCIDADE.

Article 11 • Right of withdrawal

In accordance with the provisions of the Consumer Code, the Customer has a period of twenty-one (21) clear days from receipt of the Products to exercise his right of withdrawal, without having to provide reasons or pay penalties, with the exception of return costs, by completing the standard withdrawal form sent to him by email or available on the Site or directly from the Site.

The Customer will then receive, without delay, an acknowledgement of receipt of his withdrawal by email.

Within fourteen (14) days following the transmission of the withdrawal form or notification of his wish to withdraw in any way whatsoever, the Customer must return the Products to the following address:

VELOCIDADE WORKSHOP
6 rue astronome vidal
09500 Mirepoix

It is the Customer's responsibility to keep the proof of deposit of the package which will be given to him by La Poste, the La Poste stamp being proof of the date of return of the Product. The return being at the Customer's expense, in the event of loss of the package, no refund can be made.

VELOCIDADE undertakes to reimburse the Customer for the price of the Product as well as the delivery costs, on the basis of standard delivery only, at the latest on the day of recovery of the Products or on the day on which the Customer provides proof of shipment of the Products, the date retained being that of the first of these facts.

The risks and costs of return are the exclusive responsibility of the Customer.

The right of withdrawal may only be exercised for Products returned complete, in perfect condition, clean, in their original packaging, with the provision of a copy of the purchase invoice. Products returned incomplete, damaged, soiled, broken or damaged, for whatever reason, will not be accepted.

The Customer assumes liability for any depreciation of the Product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.

In accordance with the provisions of the Consumer Code, the Customer cannot exercise a right of withdrawal for Products made according to its own specifications or clearly personalized according to the Customer's wishes.

Article 12 • Liability

VELOCIDADE cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in service, an inability to access the Site, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with French case law.

The Customer is solely responsible for any damage caused to the Customer or a third party resulting from improper use of the Products and VELOCIDADE cannot be held liable in this regard under any circumstances.

Article 13 • Customer service

For any information, questions or complaints, VELOCIDADE customer service is available to the Customer:

• by email: hello@ateliervelocidade.com,
• by post: 6 rue astronome vidal, 09500 Mirepoix,
• by telephone on 06 52 66 55 16 from Monday to Friday, from 9 a.m. to 12 p.m. and from 2 p.m. to 5 p.m., excluding public holidays.

Article 14 • Personal data

The data collected and subsequently processed by VELOCIDADE are those that the Customer voluntarily transmits via the form and concern, at a minimum, the Customer's first and last name, a delivery address and a valid email address.

The data identified as mandatory within the form are necessary for the management of orders, authentication of payments and delivery of Products. They may be transmitted to companies that contribute to the execution of orders, their management, execution, processing and payment. This data is stored and is kept for the period strictly necessary to achieve the purposes referred to above.

These treatments were the subject of a simplified declaration to the CNIL (receipt no. 2000820).

In accordance with the Data Protection Act of 6 January 1978, known as the "Data Protection Act" amended by the Act of 6 August 2004, the Customer is reminded that he has the right to access and rectify data concerning him, which he may exercise by contacting VELOCIDADE, indicating his surname, first name and email address, by email to the following address: hello@ateliervelocidade.com or by post to: 6 rue astronome vidal, 09500 Mirepoix.

He may also, for legitimate reasons, object to the processing of data concerning him.

The Customer accepts and acknowledges that he is responsible for respecting the confidentiality of passwords associated with any account used to place orders on the Site. Consequently, the Customer agrees to be the sole and exclusive person responsible to the company VELOCIDADE for any act carried out from his account.

If the Customer becomes aware of any unauthorized use of his password or account, he agrees to inform VELOCIDADE without delay at the following address: hello@ateliervelocidade.com or by post to: 6 rue astronome vidal, 09500 Mirepoix.

Depending on the choices made when creating or consulting the account, the Customer may be likely to receive offers from the company VELOCIDADE and/or partners. If the Customer changes his mind and no longer wishes to receive commercial offers, he may request this at any time by sending an email to the following address: hello@ateliervelocidade.com or by post to: 6 rue astronome vidal, 09500 Mirepoix., indicating his name, first name and email address.

Article 15 • Force majeure

VELOCIDADE cannot be held liable for any delay or breach of contract resulting from a case of force majeure, namely an event external to the parties, irresistible and unforeseeable.

The performance of VELOCIDADE's obligations will be suspended by the occurrence of an event constituting force majeure within the meaning of the case law of the French courts. In this case, VELOCIDADE will inform the Customer as soon as possible of the duration of the force majeure event and its foreseeable consequences.

Article 16 • Non-waiver

The fact that VELOCIDADE does not assert at any given time any of the clauses of these general conditions cannot be considered a waiver of the right to assert these same clauses at a later date.

Article 17 • Amendment

VELOCIDADE reserves the right to modify the provisions of these general conditions of sale at any time, the Customer being bound by these modifications.

Orders will therefore be governed by the version of the general terms and conditions of sale in force on the day the order is placed by the Customer.

Article 18 • Independence of clauses

In the event that one (or more) provision(s) of these general terms and conditions of sale should be held to be invalid, the validity of the other stipulations cannot be called into question unless they are inseparable from the invalidated provision.

Article 19 • Applicable law – Disputes

The sales contract concluded between VELOCIDADE and the Customer is subject to French law, the application of any international convention being excluded.

In the event of a dispute, the Customer is informed that he/she may resort to a consumer mediator, after the failure of an attempt at amicable settlement directly with VELOCIDADE, in accordance with the provisions of the Consumer Code.

The Customer will find information on this subject on the following site: https://www.economie.gouv.fr/mediation-conso

In the absence of mediation, the jurisdictional competence is that of the French courts, the competent court being designated according to the procedural rules in force in France at the time of the dispute.