GENERAL CONDITIONS OF SALE (CGV)

PREAMBLE

The society Sym Sports is a limited liability company with share capital of 2,000.00 euros, whose registered office is located at 18 rue Frederic Japy 25200 Montbeliard – France, registered with the Trade and Companies Register of Besançon under number SIRET 505 270 611 000 47.
Sym Sports is a company specializing in the distance selling, via its website "www.bjorka.fr" (hereinafter the "Site"), of cycling equipment (long-sleeved jerseys, short-sleeved jerseys, gloves, glasses, urban bike …).

Art. 1 – SCOPE

These general conditions of sale apply, without restriction or reservation, to all the products offered for sale by Sym Sports on its site.
Consequently, the fact for a natural or legal person (hereinafter referred to as the "Customer"), to order on the Company's Site Sym Sports implies full acceptance of these general conditions of sale. They are accessible at any time on this Site and the online version will prevail, where applicable, over any other version.
These general conditions of sale will remain in force until the posting of a new version. This is why, before any order validation, the Customer must consult and validate the general conditions of sale.
Sym Sports reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.

Art. 2 – PROPERTY

The Site, its content and all the elements constituting it, are creations for which Sym Sports and/or, where applicable, its partners, hold all the intellectual property rights and/or exploitation rights, in particular under copyright, database rights, trademarks and design rights.
The Site, as well as the software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds or any other data contained on the Site remain the exclusive property Sym Sports or, where applicable, of their respective owners with whom they have entered into user agreements.
The Customer is granted a non-exclusive, non-transferable and private right to use the Site and the data contained on the Site. The right thus granted consists of a right to consult the data and information contained on the Site online, and a right of reproduction consisting of printing and/or saving the data and information consulted. This right of use applies only for strictly private use.
Any other use of the Site, in particular commercial, by the Customer, is prohibited. The Customer is prohibited in particular, in a non-exhaustive manner, from reproducing and/or representing for a use other than private use, selling, distributing, issuing, translating, adapting, broadcasting and communicating in whole or in part in any form whatsoever any element, information or data from the Site.
In addition, the Customer is prohibited from entering, by any means whatsoever, data likely to modify or affect the content or presentation of the Site. Any hypertext link with the Site, whatever the type of link, must be subject to prior authorization. Sym Sports, acting in the name and on behalf of the holder of the right concerned, in paper or electronic form.

Art. 3 – PRODUCTS

The responsibility Sym Sports can not be blamed for minimal variations that may have remained despite all the precautions taken in the representation of the products.
The majority of the products offered to its Customers by Sym Sports are available in its warehouse. In the event of a balance, the Customer will be notified, within forty-eight (48) hours, of the new delivery time.

Art. 4 – PRICES

The prices indicated on the Site are expressed in Euros and include all taxes.
They do not include transport costs, unless specified. Sym Sports reserves the right to modify these prices at any time. However, in the event of a revision, the selling prices applied will be those in force at the time of registration of the order.
The Björka Sales only take place twice a year, in summer and winter. During these legal periods, you will find the products on sale here: Sale bike glasses and helmet, cycling clothing and equipment Björka.
Transport costs can be viewed at any time in the Customer's "basket" section.
The price indicated in the order confirmation by Sym Sports is the final price. The payment itself will only be considered final after the actual collection of the funds by Sym Sports.

Art. 5 – ORDERS

Any order form validated by the Customer by "double click" (validation of the order in two stages) constitutes an irrevocable acceptance of the sales contract which can only be called into question within the limits provided for in these general conditions of sale at the title of the "right of withdrawal" and "out of stock". The procedure for placing an order by "double click" associated with the authentication procedure and the protection of the integrity of the messages constitutes the validation of the sales contract.
Sym Sports confirms the acceptance of his order to the Customer at the email address that he will have communicated.
Sym Sports reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The information provided by the Customer when taking the order commits the latter: in the event of an error in the wording of the recipient's contact details, Sym Sports can not be held responsible for the impossibility in which it could be to deliver the product. Any product delivered to the address indicated by the Customer will be considered as the correct delivery address.
In the case of a reshipment due to a lack of information and/or error on the part of the Customer, the new delivery will be invoiced to the latter.
In case of error on the part of the company Sym Sports on the content of the Customer's order, the latter must contact customer service (after-sales service) before any return. The return will be, if necessary, supported by the company Sym Sports as part of a return in economy mode, and will be insured for the value of the goods.

Art. 6 – PAYMENT OF THE PRICE

The price invoiced to the Customer is the price indicated on the order confirmation sent by Sym Sports. For deliveries outside mainland France, the Customer undertakes to pay, where applicable, all taxes due in this respect.
Sym Sports de facto disclaims any liability in the event that the Customer has not paid these taxes.
When the actual order is made, payments are made:
either by online credit card (Carte Bleue, VISA, Mastercard),
either by Paypal,
The order validated by the Customer will only be considered effective when payment has been received. Sym Sports.
Moreover, Sym Sports reserves the right to refuse any order from a customer with whom there is a dispute.
The information concerning the Customer's bank card is subject to secure transmission (128-bit SSL encryption) directly to the Banking Partner's Site. Sym Sports. They do not pass through the server Sym Sports. The latter only memorizes the method of payment used.
Assuming Sym Sports would be considered responsible for damages related to an error in the sums debited, Sym Sports may be exonerated from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.

Art. 7 – DELIVERY

Art. 7.1: Delivery times and methods. After confirming the order, Sym Sports undertakes to deliver to its carrier all the references ordered by the Customer, and this within a maximum period of twenty-four (24) working hours, subject to availability of the article, and to inform the Customer by e-mail . The tracking of the current delivery is also available on the Customer account.
forty-eight (48) and seventy-two (72) working hours by Colissimo (Monday to Saturday). All deliveries are made between eight (8) hours and two (2) hours to the address indicated by the Customer. In the event of absence, the Customer is normally notified by letterbox.
If the Customer chooses two (2) places of delivery, he places two (2) orders, the respective delivery costs for each of the orders being invoiced to him.
In the event of apparent defects, the Customer has the right of return under the conditions set out below.

Art. 7.2: Reception. It is up to the person ensuring the physical receipt of the order to mention on the delivery note, in a circumstantial, precise and detailed manner, all the reservations which seem relevant to him.
In the event of an anomaly, it will be advisable to inform the customer service as soon as possible. Sym Sports and to address any complaint to the carrier by registered letter with acknowledgment of receipt.
In the event of loss or deterioration of the products ordered, the carrier opens an investigation, which must be closed within a maximum period of fifteen (15) days.

Art. 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.
The Customer has the legal period of 7 working days upon receipt to proceed with a request for exchange, to have or to be reimbursed the price, totally or partially in accordance with the provisions of article L.211-10 of the Code of the consumption.
In the event that the Customer refuses a delivery for non-conformity or defectiveness of the products ordered, he is required to contact Björka customer service as soon as possible either by email at [email protected], or by intermediary of his account in the history of his orders, in order to determine the procedure applicable to his situation.
The return of a product will be at the Customer's expense to the address: Sym Sports – 18 rue Frederic Japy 25200 Montbeliard – France (Fill out the form and follow the instructions)
The return is at the Customer's risk. The Product must be returned in its original packaging, in its original condition, new, unworn and unwashed.
In order to facilitate the processing of the request, it is advisable to add a letter to your package specifying the order number as well as the object of the return.
Upon receipt of this package, in accordance with the agreement agreed with the Customer, Björka will proceed with the exchange, refund or credit note.

ATTENTION
All items must be returned with their accessories and/or manuals, and, as far as possible, in their original packaging.
Returned items must at most only have been tried on (not worn in training or racing and not washed).

Art. 8 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

Transfer of product ownership Sym Sports, for the benefit of the Customer, will only be realized at the time of delivery of the said products.

Art. 9 – RIGHT OF WITHDRAWAL

9.1 The provisions of Articles L.121-20 and following of the Consumer Code are expressly recalled.
Article L.121-20 of Consumer Code: The consumer has a period of seven (7) clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs. The consumer can derogate from this deadline in case he cannot move and where simultaneously he would need to call upon an immediate service and necessary to his conditions of existence. In this case, he would continue to exercise his right of withdrawal without having to justify reasons or pay penalties.
The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services.
When the information provided for in Article L.121-19 of the Consumer Code has not been provided, the period for exercising the right of withdrawal is extended to three (3) months. However, when the provision of this information occurs within three (3) months of receipt of the goods or acceptance of the offer, it causes the period of seven (7) days mentioned in the first paragraph to run. When the period of seven (7) days expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
Article L.121-20-1 of the Consumer Code : When the right of withdrawal is exercised, the professional is required to reimburse the consumer for all the sums paid, as soon as possible and at the latest within thirty (30) days following the date on which this right was exercised. . Beyond that, the sum due is, as of right, productive of interest at the legal rate in force. This repayment is made by any means of payment. On the proposal of the professional, the consumer who has exercised his right of withdrawal may however opt for another method of reimbursement.

9.2 Under the conditions provided for in Article L.121-20 of the Consumer Code, the Customer has a withdrawal period of seven (7) clear days from the date of receipt of the products to return them. here to the supplier: Sym Sports – 18 rue Frederic Japy 25200 Montbeliard – France

9.3 Any exchange or refund will only be accepted on the condition that the products are returned by post, preferably with delivery against signature, in perfect condition for resale, with their accessories and manuals, within seven (7) days of the reception.
Return costs will be the sole responsibility of the Customer. Sym Sports is not responsible for lost returns.

9.4 Sym Sports is required to exchange the products, or to refund the sums paid by the Customer, free of charge, with the exception of the return costs. Reimbursement is due within a maximum period of thirty (30) days. All refunds are made through the means of payment used by the Customer when ordering.

9.5 In the event of exercise by the Customer of his right of withdrawal, when the price of the order, object of the withdrawal, is entirely or partially covered by a credit granted to the Customer, the credit contract is terminated, without penalty.

9.6 Only items specific to a new marketing will be accepted for return.

9.7 To ensure proper handling of his request, the Client is advised to keep Sym Sports informed within the deadlines and to follow the return procedure detailed in the "After-sales service" section of the Site. The Customer can never go to a "Relay Point" in order to return his delivery, without having received the prior written agreement by email from Sym Sports.

9.8 Beyond the withdrawal period of seven (7) days, the Customer retains the right, for thirty (30) days, to return his items for exchange or credit, under the same conditions as those provided for above.

Art. 10 – LIABILITY – WARRANTY

10.1 Sym Sports, assumes, with regard to the Customer, the responsibility relating to the products delivered, in accordance with the regulations in force, and guarantees, consequently, this one against any complaint or claim, legal or amicable, resulting as well from the damage caused to the goods as damage caused to persons, due to said products.

10.2 Sym Sports also guarantees the Customer, in accordance with the legal provisions, against any hidden defect affecting the products delivered and rendering them unfit for use, as well as harmful consequences resulting therefrom, on the condition that the Customer provides proof of the hidden defect. The warranty action for latent defects must be brought within two years from the discovery of the defect.

10.3 The products sold on the Website of Sym Sports comply with the regulations in force in France.
In all cases, Sym Sports cannot be held responsible for non-compliance with the regulations and laws in force in a country of reception other than France.
The Customer is solely responsible for the choice of products, their conservation and their use.

10.4 In accordance with the terms of article L. 121-20-3 of the Consumer Code, the responsibility of Sym Sports cannot be engaged in the event of non-performance or improper performance of these presents due to the Customer, the unforeseeable and insurmountable fact of any third party hereto or even due to a case of force majeure as usually recognized by French case law. .

10.5 Unless the producer is not identifiable, Sym Sports cannot be held liable for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The same applies to any modifications to the products resulting from the manufacturers.
Furthermore, within the limits permitted by law, the liability of Sym Sports cannot be committed beyond a sum corresponding to the amount of the transaction on the occasion of which a dispute arose.

10.6 In addition to the legal guarantee of conformity and the legal guarantee against hidden defects, certain products benefit from a specific commercial guarantee. Where applicable, the warranty period for these products is specifically mentioned on their respective item sheets. This warranty does not cover equipment used in competition or rental, damage due to wear and tear, misuse, lack or lack of maintenance, or any modification made to the product. after its delivery.
This warranty also does not cover: – the replacement of so-called consumable products, – the non-compliant, irregular and abnormal use of the products, – the defects or specific features of a product mentioned in the item sheets, – the defects and their consequences linked to the use of the product that does not comply with the use for which it is intended.
The Customer must return the defective product(s) directly to the supplier only after acceptance by email or telephone of the return service (SAV) of Sym Sports.
The detailed terms of this return will be specified in the e-mail sent to the Customer by the return service (SAV) of Sym Sports.

10.7 Within the framework of this specific commercial guarantee, all returns of defective parts remain the responsibility of the Customer. The costs of returning new or repaired equipment are, for their part, borne by Sym Sports. Any incomplete or partial return cannot be taken as a guarantee. Any traces of modifications or dismantling will void the warranty.
For any additional information, the Customer can contact customer service by email at: [email protected]

Art. 11 – IT AND FREEDOMS

In application of the law n° 78-17 of January 6, 1978, modified by the law n° 2004-801 of August 6, 2004, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and are intended for internal use by Sym Sports.
The Customer has a right of access, modification, rectification and opposition, with regard to information concerning him, which he will send by simple mail to the company Sym Sports, and by justifying his identity: SAV Sym Sports  – 18 rue Frederic Japy 25200 Montbeliard – Francet – or by email at the following address: [email protected]
When browsing the Site, a cookie may be installed in the Customer's computer if the latter's express consent has been obtained on the Site, in view of the information provided by the Site on the purpose of cookies and the means available to the Customer to oppose it (article 32, II of law n° 78-17 of January 6, 1978, modified by the order of August 24, 2011 relating to electronic communications).
A cookie does not identify the Customer. On the other hand, it makes it possible to record information relating to the navigation of the computer on the Site, which can be read during subsequent visits and, in particular the times and dates of consultation, the pages consulted, etc.
The personal data collected by Sym Sports, may be transferred abroad in the European Union (EU) or outside the EU in countries ensuring adequate protection of personal data.

Art. 12 – COMPANY CONTACT DETAILS

Sym Sports  – 18 rue Frederic Japy 25200 Montbeliard – France – [email protected]

Art. 13 – DISPUTES AND APPLICABLE LAW

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
In the event of difficulties in the application of these general terms and conditions of sale, the Customer has the option, before any legal action, of seeking an amicable solution, in particular with the help of: a professional association in the sector, a consumer association or any other counsel of its choice.
It is recalled that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee.
It is recalled that as a general rule, and subject to the judgment of the Courts, compliance with the provisions of these general conditions of sale relating to the contractual guarantee assumes that the Customer honors his financial commitments towards Sym Sports.
Any dispute that cannot be resolved amicably will be dealt with by the competent French courts, the Customer being able to choose the territorially competent jurisdiction of his choice.
For information, the head office Sym Sports is located within the jurisdiction of the courts of the Court of Appeal of Besançon.