Terms of sale

Please carefully read these general conditions: they define the applicable sales conditions and terms when you place on the sitewww.bering-moto.com 

 

Definitions 

The terms below used in these general conditions of use and sale, both in the plural and in the singular, will have the following meaning: 

Customer : Any adult natural person, having the capacity to contract and having the quality of consumer within the meaning of the consumer code, who commands products on the website for non-professional purposes under the conditions defined below. 

General conditions of use and sale or CGUV : these general conditions applicable between the seller And the customer, whom the customer declares to accept when ordering products, which govern the use of the website and the sale of products. 

Product : any product offered for sale by the seller on the website, including Motorcycle helmets and associated visors as well as telecommunications accessories. 

Website: infrastructure accessible to the address www.bering-moto.com property of and operated by the seller. 

Seller : Company Trophy, SAS, registered under the number SIREN 538081860, saved under the number 538 081 860at the RCS Versailles whose seat is located 1 Avenue Eiffel, 78421, Careers sur Seinerepresented by his Legal representative under exercise, Christophe Merkel, which publishes the website and which sells the products. 

 

Object and Application of general conditions Of use and sale 

These general conditions of use and sale define the rights and obligations seller and the customer applicable to the use of the website and the sale of products, which the customer accepts in Corcing the box provided for this purpose when ordering the products. 

Any order placed via the website by the customer requires acceptance beforehand by the latter present Tilt as well as pricing conditions in force On the day of acceptance of the order which are an integral part of it. 

These CGUVs are permanently accessible on the website, in a computer format allowing their printing and/or download, so as to this that the customer can reproduce or safeguard.  

The seller reserves the right to modify Tilt. THE New CGUVs will be submitted to the Customer before any order.  

 

Products order  

The products offered on the website are intended only for sale to individuals. 

Creation of an account : the order requires the creation of an account by the customer, at any time And at the latest when placing his order by clicking on The button provided for this purpose. 

The customer must complete the form with the information requested. The personal data communicated by the Customer will be processed in accordance with the privacy policy on the website. 

The Customer undertakes to provide exact information. The provision of false information by the customer who has led to the impossibility for the seller to carry out its obligations, in particular the delivery of the products, cannot engage the responsibility of the latter for this reason. 

The account will be accessible thanks to the connection identifiers (email address and password) chosen by the customer at the time of registration or modified later. The customer acknowledges that his identifiers and password are strictly personal and confidential. He therefore refrains from communicating or sharing them with third parties. For security reasons, the customer is recommended to choose a robust password in accordance with standards Applicable (8 characters, with capital letters, tiny, figures and special characters). In case of suspicion fraudulent use of its identifiers, It is recommended at Customer inform immediately the seller. 

Product selection: In order to order via the website, the customer must select the products he wishes to buy by adding them to the basket.  

In accordance with articles L.111-1 and following of the consumer code, the characteristics of the products are detailed on the pages of the website relating to each product. 

The customer's attention is called upon that the basket has the sole vocation to list the products chosen by the customer and in no case make them unavailable for other users. The products will not be reserved and the rate updated only at the time of validation of the order.  

Once the selection of the products is completed, the customer finalizes his order from the basket. 

Products order : The customer will be redirected to the basket with the summary of the selected products, the price and the delivery costs. The customer will be able to modify the quantities of products or to delete a product from the basket. He will be able to finalize his order by clicking on The button provided for this purpose. 

Unless it is already connected, the customer will have to create an account or connect if they already have one. The customer will have to Communicating your address (delivery and billing address if different) may apply a promo code, choose your delivery method Among those offered then make the payment by clicking on The button provided for this purpose. 

The order will only become firm and final after payment of the price. The customer will receive a e-mail confirmation including the details of his order. 

The seller reserves the right to cancel or refuse Any order from a customer with whom there is a dispute relating to the payment of a previous order. 

Availability products : the seller undertakes to honor orders received only within the limits of available stocks. 

In the absence of availability, in particular if the product has become unavailable between the order and the collection of the price, the seller The customer will inform as soon as possible by indicating the supply period. On request from the Customer, the order may be canceled up to missing products with a refund. 

 

Price and price payment 

Price : The price of the products displayed on the website is the price in force and is understood in euros and all taxes included. To the price of the products are added for each order the delivery costs, the amount of which is indicated in the basket and the summary of the order. 

Products' selling prices are freely determined by the seller and can be modified by at any time. The applicable price will be the in force during of the command. 

Payment : Payment methods are indicated on the website payment page and when placing the order. The price is payable by Credit card (CB, visa, mastercard), American Express, Paypal, Applye Pay. 

The price is payable cash when ordering Via the secure space of the establishment in charge of collecting the price on the page provided for this purpose. 

The Customer guarantees that it is fully empowered to use the means of payment which it uses and that it has sufficient funds to cover the costs of the order. Banking costs possibly linked to payment by bank card will remain the responsibility of the customer. 

 

DELIVERY 

Delivery : The products are marketed only for customers whose delivery address is located in one of the following countries: France, Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Poland, Romania, Slovenia, Czech Republic, Sweden, Slovakia. 

Delivery comes within the time limit when ordering, namely according to the mode and place of delivery : 

  • Standard home delivery: maximum 3 days workers in France and maximum 5 days for other European Union countries ; 
  • Express delivery: maximum 48 hours worked in France and maximum 4 days for other European Union countries ; 
  • Relay delivery: maximum 3 days workers in France and maximum 5 days for other European Union countries. 

Any delay in delivery beyond the deadline for delivery and not due to a case of force majeure, can lead to the resolution of the sale on the initiative of the customer by sending by the latter of a registered letter with request for acknowledgment of receipt. In accordance with article L216-6 of the Consumer Code, the sale will be considered resolved at the reception by the seller From the customer's letter informing him of his decision to resolve the sale, if the delivery did not occur in the meantime. In the event of a resolution, the seller will reimburse the customer from the sums he paid as soon as possible and, at the latest, within 14 (fourteen) days from the receipt of the registered letter with request for acknowledgment of receipt. 

In case of non-distribution and/or Reference of the package due to a fault of Customer (for example, bad address, forgetting the package for the Post Office), the customer must pay the associated costs (childcare and/or resit). 

Reception : If the Packages delivered by the carrier is in poor condition and if products are missing, the customer is recommended to refuse the package and to issue express reserves on the delivery slip so that the guarantee offered by the carrier can play. The customer must inform the seller as soon as possible in writing so that the seller May carry out a survey of the carrier. Customer attention is called to the fact that receiving the package unreservedly East notably likely to extinguish actions seller against the carrier. 

 

Retraction 

In accordance with the provisions of article L.221-18 of the Consumer Code, the Customer has a period of 30 (thirty) days to exercise his right of withdrawal and return, at his expense, the products he ordered for any reason whatsoever. This period runs from the day of receipt of the products by the customer, the dated delivery slip being proof. The withdrawal may be formulated customer choice by a request addressed seller via the Online form planned on the website 

IThe customer is asked to return the products in their original packaging and packaging, if possible accompanied Return voucher allowing to attest that these are products purchased via the website. 

The return of the product (s) will be carried out seller to the address indicated on the withdrawal form, within thirty (30) days following the date on which the right of withdrawal of the customer was exercised. The costs and risks linked to the return of the products are the responsibility of the customer. 

After receipt and verification of products, the seller will reimburse the customer from the amount of products returned within 14 (fourteen) maximum days from the receipt of the products (or proof of the shipment of the products by the Customer), by the same means of payment as that used by the Customer for the purchase of the products unless the customer is written and seller. 

In the event of depreciation of the products resulting from manipulations other than those necessary to establish the nature and characteristics of the products, the seller may request the customer for payment of compensation corresponding to this depreciation. 

 

Guarantees 

The products offered comply with the legislation in force and the standards applicable in the countries of delivery of the products. 

In particular, Products are approved and in some cases can be qualified asEquipment individual protection. The products are sold and delivered with their manual of use and THE Compliance certificates applicable.  

In addition, the customer is informed of the following in accordance with the law: 

The consumer has a period of two years from the issuance of the property to obtain the implementation of the legal guarantee of compliance in the event of a lack of conformity. During this period, the consumer is not required to establish that the existence of the lack of conformity and not the date of appearance of it. 

When the contract for the sale of the property provides for the provision of digital content or a digital service continuously for a period of more than two years, the legal warranty is applicable to this digital content or this digital service throughout the provided period provided. During this period, the consumer is not required to establish that the existence of the lack of conformity affecting the digital content or the digital service and not the date of appearance of it. 

The legal guarantee of compliance takes obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the property. 

The legal guarantee of compliance gives the right consumer to repair or replacement of the property within thirty days of their request, without costs and without major drawbacks for him. 

If the property is repaired as part of the legal guarantee of compliance, the consumer benefits from a six -month extension of the initial warranty. 

If the consumer requests the repair of the property, but the seller requires replacement, the legal guarantee of compliance is renewed for a period of two years from the date of replacement of the property. 

 

The consumer can obtain a reduction in the purchase price while retaining the property or ending the contract by being reimbursed in full against restitution of the property, if: 

1 ° The professional refuses to repair or replace the property; 

2 ° The repair or replacement of the property comes after a period of thirty days; 

3 ° The repair or replacement of the property causes a major drawback for the consumer, especially when the consumer permanently supports the costs of recovery or removal of the non -compliant property, or if he supports the installation costs of the repaired or replacement; 

4 ° The non-compliance of the property persists despite the attempt to comply with the seller who remained unsuccessful. 

The consumer is also entitled to a reduction in the price of the property or the resolution of the contract when the lack of conformity is so serious that it justifies that the reduction in the price or the resolution of the contract is immediate. The consumer is not required to request the repair or replacement of the property beforehand. 

The consumer is not entitled to resolution of the sale if the lack of conformity is minor. 

Any period of immobilization of the property for its repair or its replacement suspended the guarantee which remained to run until the delivery of the rehabilitation property. 

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. 

The seller who hinders in bad faith in the implementation of the legal guarantee of compliance incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10 % of the average annual turnover (article L. 241-5 of the Consumer Code). 

The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the property is kept or to a full refund against restitution of the property. 

In the event of product defect, the customer will have to inform the seller by communicating the fault noted via the Online form provided for this purpose, link at the bottom of the pages of the site. He will be invited to do this to communicate any information, such as photographs of the product showing the defect, an invoice (if the product has not been purchased via www.bering-moto.com) and the detail of defect.  
Based on the information communicated and as part of an application of the valid warranty, customer service will communicate a prepaid shipping label and a customer service request. 

Afterwards, the customer will have to Return the product to its original packaging, with any instructions, documentation or accessories as well as the request for service previously communicated, to the address dismissal Established on the shipping label provided by the seller 

A 5 -year commercial guarantee may be granted to the customer for certain products. In this case, the terms of this commercial guarantee will be indicated on the file of the product concerned. 

This guarantee applies Without prejudice to the law for the consumer to benefit from the legal guarantee of conformity and that relating to hidden defects, under the conditions provided for in articles 1641 to 1649 of the Civil Code recalled above. 

SAFETY OF PRODUCTS And environment 

Product safety 

THE Products Complies with the requirements of regulation (EU) 2023/988 of May 10, 2023 relating to the general security of products and did the subject of a rigorous risk assessment in order to guarantee their security under normal or reasonably predictable conditions of use. 

Each product is accompanied by clear and understandable instructions concerning its use, maintenance and precautions to be taken to ensure the safety of the user. This information is provided in French And are available on the corresponding product sheet. 

In accordance with Regulation (EU) 2023/988, information relating to the manufacturer, importer or responsible agent is availablenibles on The product sheet / product packaging / in the documentation provided.  

If a product is identified as a risk to safety, the seller engage To immediately inform the competent authorities and take all the necessary measures, including the withdrawal or recall of the product. The customers concerned will be informed without delay and will benefit from an appropriate solution, such as repair, replacement or reimbursement of the product, in accordance with the provisions of the Regulation (EU) 2023/988. 

IDU number 

Conformément à l’article R.541-173 du Code de l’environnement, Le Unique identifier number (IDU) is an alphanumeric identifier attributed to each producer for each REP sector concerned. It allows authorities to monitor and control compliance with producers' obligations in prevention and waste management. 

The seller's IDU number are the following:

  • FR252395_13WSJF
  • FR252395_05wzut
  • FR252395_01yeih
  • FR252395_06BKFY
  • FR252395_11pbed

Spare parts 

The availability of spare parts (if applicable) eSt indicated on the file Technical / available In the documentation provided and on the product web page.  

RESPONSIBILITY 

Responsibilities seller : Le Client reconnait et accepte que nul ne peut garantir le bon fonctionnement de l'internet dans son ensemble.  

The seller took all the precautions required to ensure that all the products have been described properly. Nevertheless, although the seller try to present on the website exact photographs of the products, the colors that the customer sees will depend on the computer screen used and the display configurations and the seller cannot therefore guarantee that the photographs correspond exactly to the products (details, colors). Therefore, the photographs, information and visuals of the products presented on the website are given as an indication. 

Responsibility seller cannot be initiated in the event of a breach of its obligations due to a case of force majeure, by the unpredictable or insurmountable fact of a third party to the contract or attributable to the Customer. Responsibility seller can only be retained for direct damage in accordance with the civil code.   

Hypertext links on the website can refer to other websites including the consultation and/or use of these external sites and sources are governed by their own conditions of use and carried out under the respective responsibilities of the customer and the publisher of the said website. 

Customer responsibilities : IT means (hardware, software) and communication allowing the access and use of the website are the responsibility and under the responsibility of the customer. 

Intellectual property 

In accordance with the laws governing the property of literary and artistic rights or other similar rights, the website and all the elements, brands, drawings, models, logos, graphics, photographs, texts, etc. being on it as well as their compilation are the exclusive property seller or the holder of the intellectual property rights concerned, the latter not conceding any license or any other right than that of consulting the site.

The reproduction or use of all or part of these elements is only authorized for exclusive information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes counterfeit and sanctioned under intellectual property, without prior written authorizationseller. 

Moreover, the seller Recalls that any creation of a hypertext link to the home page or any other page of the website is subject to its express, prior and written agreement. 

The customer undertakes not to infringe directly or indirectly seller, on the website or rights seller. 

Applicable law and disputes  

The sales contract between the seller and the customer is concluded in French And these CGUVs are subject to French law. 

The contract concluded with the customer will be archived for a period of 10 years on the platform operated by the seller. 

In the event of a dispute between the seller and the customer concerning the validity, execution, non -performance or interpretation of these CGUVs or, more generally, relations between the seller And the customer, they will endeavor to find an amicable solution. 

The customer may: 

  • Complaint seller who will respond in writing as soon as possible 
  • In the absence of an amicable agreement, the customer has the possibility of using a mediation procedure or any other alternative mode of dispute settlement: 
  • To this end, the customer will be able to seize the consumption mediator free of charge designated by the vendeuR, namely Sas Mediation Solution, dyears a period of one year from the written complaint sent seller : 

SAS Mediation Solution 

222 Chemin de la Bergerie 

01800 Saint Jean de Niost - France 

Such.: 33(0)4 82 53 93 06 

E-mail: contact@sasmediationsolution-conso.fr 

Site: https://sasmediationsolution-conso.fr 

The period within which you can enter the mediator is 12 months from the date of the first written complaint made fromu Seller. 

  • either by mail addressed to Bering -E-commerce customer service, 11 avenue Eiffel, 78421 quarries on Seine, France
  • Or seize one of the competent jurisdictions. In particular, thehe consumer can seize either one of the territorially competent jurisdictions under the code of civil procedure, or the court of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful fact. 

It is expressly recalled that requests for amicable settlement do not suspend the deadlines open to bring legal actions. 

 

Various provisions 

If any of the non -essential clauses of these CGUVs were zero or inapplicable under a law or a regulation or following an enforceable decision of a jurisdiction or a competent authority, the parties expressly agree that this contract will not be affected by the nullity of the aforementioned clause. 

The fact for one of the parties not to require at any time the strict execution by the other part of a provision or any condition of these CGUVs will not be deemed to constitute a final renunciation for this provision or condition.