1. Company Identity
PROBIKESHOP
S.A.S. with a share capital of €350,000
Registered office: 52 quai Rambaud - 69002 Lyon
983 316 951 R.C.S LYON
2. Purpose
These general terms and conditions of sale (hereinafter the "GTC") govern the conditions and terms of sale of all products presented by the company "PROBIKESHOP" on its website www.probikeshop.fr (hereinafter the "Site"), to any adult person with the status of consumer within the meaning of the preliminary article of the Consumer Code, as well as the legal capacity and residing in the following geographical territories: metropolitan France, Corsica, French Overseas Territories, Member States of the European Union (hereinafter the "Buyer").
PROBIKESHOP reserves the right to modify the T&Cs at any time. Modifications are binding on Buyers from the date they are published online and may not apply to transactions concluded prior to that date. A copy of the T&Cs applicable at the date of the order is available upon request from the Buyer.
Any order for a Product offered for sale on the Website constitutes full and unreserved acceptance of the T&Cs, which the Buyer acknowledges having read prior to placing their order, by ticking the corresponding checkbox when placing the order.
3. Prerequisites for Any Purchase on the Website
The Buyer is not required to create an account before making any purchase on the Website.
4. Products
4.1 Product Characteristics – Availability
In accordance with Article L. 111-1 of the French Consumer Code, the Buyer may, prior to placing their order, consult the essential characteristics of the Product(s) they wish to order on the Website.
Order validation guarantees the immediate availability of the Product for delivery under the conditions of Article 7 of the T&Cs.
In the event of a Product being unavailable, the Buyer will be informed before their order is dispatched.
4.2. Product Selection
The Buyer must familiarise themselves with the Products and their characteristics. They choose their Products, under their sole responsibility, according to their needs.
In particular, PROBIKESHOP's liability cannot be engaged in the event of incompatibility between the Products ordered and the products used by the Buyer, the latter being, in fact, the only one able to judge the compatibility of the Products ordered with those they already use.
4.3. Information on the Availability of Spare Parts within the meaning of Article L. 111-3 of the French Consumer Code
It is noted that, as a retailer of spare parts, PROBIKESHOP is not required to indicate the availability period for such parts, which do not fall within the scope of Article L. 111-3 of the French Consumer Code.
For other Products that themselves include spare parts (such as "Complex Products"), unless otherwise stated on the product pages, no spare parts essential to their use are made available by the manufacturers.
Nevertheless, PROBIKESHOP guarantees that spare parts compatible with Complex Products are available on the Website for a period of two (2) years from the date the product is listed online.
5. Order
To place an order on the Website, the Buyer must follow the steps below:
- Product Selection: from the various categories of Products offered on the Website (tyres, wheels, derailleurs, etc.), the Buyer selects one or more Products they intend to order by clicking on the corresponding "ADD TO BASKET" button.
- Basket validation: the Buyer then clicks on "VIEW MY BASKET". They must then verify that the prices, volumes and quantities of the Products appearing in the order summary, the "BASKET", correspond to their purchase intent.
- Buyer Identification: to identify themselves, the Buyer must enter their account login and password, create a customer account on the Website in accordance with Article 3 of the T&Cs, or enter their PayPal account credentials.
- Choice of Delivery Method: the Buyer selects the delivery method offered by PROBIKESHOP.
- Order Finalisation: the Buyer clicks on the "COMPLETE MY ORDER" button to finalise their order, then on the "CONFIRM AND PAY FOR MY ORDER" button. By clicking this button, the Buyer is reminded of their obligation to pay the stated price.
- Acceptance of the T&Cs: the Buyer reads the T&Cs and accepts them by ticking the corresponding checkbox in order to proceed to payment.
- Payment: The Buyer chooses the payment method and proceeds to pay for the order under the conditions defined in Article 6.2 of the T&Cs. The order is completed once the Buyer has confirmed payment. In the case of payment by bank card, the bank details are not collected by PROBIKESHOP but by the financial organisation Payplug.
- Order Confirmation: the Buyer's order is confirmed by PROBIKESHOP via the sending of an email summarising the content of the order.
This document constitutes proof of the order and must be retained by the Buyer as proof of purchase.
The invoice is also made available to the Buyer in their customer account upon dispatch of their order.
6. Price and Payment Terms
6.1. Applicable Price
The selling price of the Products applicable on the Website is the price in force on the day the Buyer finalises the order. It is indicated in euros, inclusive of all taxes. Any change in the applicable tax rate will be automatically reflected in the price of Products sold by PROBIKESHOP.
The selling price of Products may be modified by PROBIKESHOP at any time and will apply to any order placed after the modification, without the Buyer being able to claim the previous price.
Unless otherwise stated, the price of the Products does not include delivery costs.
Delivery costs are indicated before order confirmation, in accordance with article 4 of the GTC and are charged to the Buyer in addition to the price of the Products.
6.2 Payment Terms
All orders are payable in euros.
The price is payable in full on the day the order is placed by the Buyer. Any incomplete payment not corresponding to the purchase amount will result in the cancellation of the order.
The full amount of the order will be collected by PROBIKESHOP.
The Buyer may also pay for their order in instalments via our partner Alma
The Buyer guarantees to PROBIKESHOP that they hold any authorisations that may be required to use the payment method they have chosen at the time of registering the order form.
PROBIKESHOP reserves the right to suspend or cancel the order and/or the delivery in progress, regardless of its nature and level of completion, in the event of non-payment of any amount owed by the Buyer, or in the event of a payment incident.
In the event of suspected fraud, PROBIKESHOP reserves the right to request any proof of identity from the Buyer, to carry out any appropriate verification and/or to require payment by bank transfer, making the execution of the order conditional upon the satisfaction of these conditions.
7. Delivery and Receipt
7.1 General Rules
The Products will be delivered to the address provided by the Buyer when placing their order.
The Buyer may be delivered at home or at a relay point network.
7.2. Delivery Times
Delivery times depend on the choice of shipping method made by the Buyer when placing their order.
PROBIKESHOP undertakes to comply with the delivery times indicated, in accordance with Article L. 216-1 of the French Consumer Code.
In accordance with article L.216-2 of the Consumer Code, in the event of Probikeshop's failure to fulfil its obligation to deliver the goods on the date or upon expiry of the period provided for in the first paragraph of article L. 216-1, or, failing that, at the latest thirty days after the conclusion of the contract, the consumer may cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed Probikeshop, by the same means, to carry out the delivery within a reasonable additional period, the latter has not done so within that period.
The contract is deemed cancelled upon receipt by Probikeshop of the letter or written notice informing it of such cancellation, unless Probikeshop has fulfilled its obligations in the meantime.
The consumer may immediately cancel the contract when Probikeshop refuses to deliver the goods or when it fails to fulfil its obligation to deliver the goods on the date or upon expiry of the period provided for in the first paragraph of article L. 216-1 and that date or period constitutes an essential condition of the contract for the consumer.
This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer prior to the conclusion of the contract.
7.3. Receipt
If the parcel arrives damaged, opened or soiled, it is advisable to refuse it and to indicate the reasons for refusal on the delivery note. It is also necessary to report the incident to PROBIKESHOP as quickly as possible by contacting the Customer Service.
8. Right of Withdrawal
8.1 Withdrawal Period
In accordance with Article L. 221-18 and following of the French Consumer Code, the Buyer has a right of withdrawal allowing them to return the ordered Products without having to justify the reason. They may exercise this right within a period of fourteen (14) days from the date of receipt of their order.
The withdrawal period is extended by PROBIKESHOP from fourteen (14) to thirty (30) days. It is expressly stated that the conditions for exercising the right of withdrawal during the thirty (30) day period are identical to those applicable during the statutory fourteen (14) day period.
The conditions for exercising the right of withdrawal are set out below.
8.2 Exercise of the right of withdrawal
To exercise their right of withdrawal, the Buyer must inform PROBIKESHOP of their decision to withdraw, before the expiry of the period provided for in article 8.1 of the GTC, by any means. Their decision to withdraw must be unambiguous. They may also send, by post or electronically, the standard withdrawal form set out in Annex 2 of the GTC, duly completed.
8.3 Return Conditions and Costs
Products must be returned in perfect resaleable condition, in their original state, accompanied by the invoice or the Buyer's contact details and the complete order references.
Any Product that is incomplete, damaged or deteriorated in such a way that its normal sale would be affected will not be refunded.
The Buyer must return the Products within a maximum period of fourteen (14) days from the communication of their decision to exercise their right of withdrawal.
No other document is required for the Buyer to exercise their right of withdrawal.
Return shipping costs are borne by the buyer.
8.4 Refund Timeframe and Terms
The exercise of the right of withdrawal will give rise to a refund made by the same means used by the Buyer when paying for the order.
The refund will be made no later than fourteen (14) days from the date on which PROBIKESHOP was informed of the Buyer's decision to withdraw.
9. Warranties
The Products benefit from:
- the statutory warranty of conformity,
- of the legal warranty against hidden defects arising from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use,
- the manufacturer's warranty, depending on the Products and brands concerned.
9.1 Statutory Warranties
In accordance with Articles L. 217-4 to L. 217-14 of the French Consumer Code, PROBIKESHOP guarantees the conformity of the Products sold on the Website.
When invoking the statutory warranty of conformity, the Buyer:
- has a period of two (2) years from the delivery of the goods to take action;
- may choose between repair or replacement of the goods, provided that this choice does not entail a manifestly disproportionate cost for PROBIKESHOP compared to the other option, taking into account the value of the goods or the extent of the defect. In this scenario, PROBIKESHOP shall be required to proceed, unless impossible, according to the option not chosen by the Buyer.
- the statutory warranty of conformity applies independently of any commercial warranty that may have been granted.
- the Buyer may decide to invoke the warranty against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this scenario, they may choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
- Any warranty is excluded in the event of misuse, negligence or failure to maintain the item on the part of the Buyer, as well as in the event of normal wear and tear, accident or force majeure, and PROBIKESHOP's warranty is limited to the replacement or refund of non-conforming or defective products.
In any case, the legal warranties do not cover:
- the replacement of consumables,
- abnormal and non-conforming use of the Products,
- defects and their consequences resulting from abnormal intervention by the Buyer or a third party modifying the Product (such as a repair),
- defects and their consequences related to use that does not comply with the intended purpose of the Product (professional use, collective use, etc.).
The mandatory statutory provisions are reproduced in Annex 1.
9.2 Manufacturer warranties
The scope of manufacturer warranties varies depending on the Products and brands concerned and is available on the product pages on the Website.
Any warranty is excluded in the event of misuse, negligence or failure to maintain the item on the part of the Buyer, as well as in the event of normal wear and tear, accident or force majeure.
Should the instructions not be included with the Product, and upon simple request from the Buyer, PROBIKESHOP will send them the instructions or a link to access them.
The Product under warranty will, at the manufacturer's discretion, be exchanged or repaired.
9.3 Implementation of warranties
In the event of delivery of a Product that does not match the order (damaged or non-conforming), complaints must be sent as quickly as possible to the PROBIKESHOP Customer Service (hereinafter the "Customer Service"), using the means defined in Article 13 of the T&Cs.
For any complaint, the Buyer must send PROBIKESHOP their contact details, the Product references and any element allowing them to justify the subject of their complaint. In this context, PROBIKESHOP may also ask the Buyer to send the photographs and explanations necessary to expedite the processing of their complaint.
For the speed and efficiency of complaint processing, a return number will be assigned.
In the event of a Product being returned without a prior return number having been assigned, PROBIKESHOP cannot guarantee rapid processing of the complaint.
The Product must be returned in its original condition and, if possible, in its original packaging even if partially damaged, with all its possible accessories, and accompanied by any additional element allowing for rapid processing of the complaint. In the event of depreciation of the Product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning, PROBIKESHOP reserves the right to issue all reservations regarding the complaint.
The return shipping costs for a non-conforming Product are borne by PROBIKESHOP, except where the returned or exchanged Product does not correspond to the original declaration made by the Buyer.
10. Liability
The Products offered by PROBIKESHOP comply with current French legislation.
In accordance with Article L. 221-15 of the French Consumer Code, PROBIKESHOP shall not be held liable for non-performance of the contract in the event of fault by the Buyer, for a fortuitous reason, or in the event of force majeure as defined in Article 1218 of the French Civil Code.
The Website also contains information from third parties and links to other websites. PROBIKESHOP shall under no circumstances be held liable for any damage resulting from the use of, access to, or inability to use such third-party information, nor for the content of other websites.
11. Intellectual Property
The content of the Website, the T&Cs, photographs, layouts and infographics is the property of PROBIKESHOP and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
12. Customer Service and Order Tracking
For any information, the Buyer may contact the PROBIKESHOP Customer Service:
- by telephone at the following number: 04 51 42 04 19,
- by email at the following address: contact@probikeshop.com
13. Applicable Law – Dispute Resolution – Mediation
13.1 Applicable Law
Sales contracts for Products concluded on the Website between any Buyer and PROBIKESHOP are governed by French law.
Nevertheless, in accordance with Article 6.2 of the European Regulation known as "Rome I", the Buyer may, in any event, benefit from the application of mandatory consumer protection provisions applicable in their country of residence that are more favourable to them.
13.2. Dispute Resolution and Mediation
In the event of disputes between the trader and the consumer, they will endeavour to find an amicable solution.
If the complaint submitted to the Customer Service fails or if no response is received from that service, the Buyer may submit the dispute free of charge to the Association des Médiateurs Européens (AME CONSO), the mediator to which PROBIKESHOP is affiliated, which will attempt, in full independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The referral to the consumer mediator must be made:
- or by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by post addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
The parties to the contract remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
If the dispute persists, the Buyer may refer the matter to the competent courts.
ANNEX 1
Reminder of the texts governing statutory warranties
Article L. 217-4 of the French Consumer Code
"The seller delivers goods that conform to the contract and is liable for any defects of conformity existing at the time of delivery.
The seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation where this was made their responsibility under the contract or was carried out under their supervision".
Article L. 217-5 of the French Consumer Code
"The goods conform to the contract:
- If they are fit for the use normally expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the manufacturer or by their representative, particularly in advertising or labelling;
- Or if it has the characteristics defined by mutual agreement between the parties, or is fit for any special use sought by the buyer, brought to the seller's attention and accepted by the latter".
Article L. 217-6 of the French Consumer Code
"The seller is not bound by the public statements of the manufacturer or their representative if it is established that they were unaware of them and could not reasonably have been expected to know them".
Article L. 217-7 of the French Consumer Code
"Defects of conformity that appear within a period of twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the defect of conformity invoked".
Article L. 217-8 of the French Consumer Code
"The buyer is entitled to demand that the goods conform to the contract. However, they may not contest conformity by invoking a defect they were aware of or could not have been unaware of when contracting. The same applies when the defect originates in materials they themselves supplied".
Article L. 217-9 of the French Consumer Code
"In the event of a defect of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if that choice entails a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer".
Article L. 217-10 of the French Consumer Code
"If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded.
The same option is available to them:
- If the solution requested, proposed or agreed upon under Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
- Or if that solution cannot be implemented without major inconvenience to the buyer given the nature of the goods and the use they are seeking.
The rescission of the sale may not, however, be pronounced if the defect of conformity is minor".
Article L. 217-11 of the French Consumer Code
"The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer.
These same provisions do not preclude the award of damages and interest".
Article L. 217-12 of the French Consumer Code
"The action resulting from a defect of conformity is time-barred after two years from the delivery of the goods".
Article L. 217-13 of the French Consumer Code
"The provisions of this section do not deprive the buyer of the right to bring an action resulting from latent defects as provided for in Articles 1641 to 1649 of the Civil Code, or any other action of a contractual or non-contractual nature recognised by law".
Article L. 217-14 of the French Consumer Code
"The right of recourse may be exercised by the final seller against successive sellers or intermediaries and the manufacturer of the tangible movable good, in accordance with the principles of the civil code".
Article L. 217-15 of the French Consumer Code
"A commercial warranty means any contractual commitment by a trader towards a consumer with a view to reimbursing the purchase price, replacing or repairing the goods, or providing any other service related to the goods, in addition to their legal obligations to guarantee the conformity of the goods.
The commercial warranty is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
Furthermore, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity referred to in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to invoke it".
Article L. 217-16 of the French Consumer Code
"When the buyer asks the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining duration of the warranty.
This period runs from the buyer's request for intervention or from the time the goods are made available for repair, if that time is later than the request for intervention".
Article 1641 of the French Civil Code
"The seller is liable for the warranty in respect of hidden defects in the item sold that render it unfit for the use for which it was intended, or that so diminish that use that the buyer would not have purchased it, or would only have paid a lower price for it, had they known of them".
Article 1642 of the French Civil Code
"The seller is not liable for apparent defects of which the buyer was able to satisfy themselves".
Article 1642-1 of the French Civil Code
"The seller of a property to be built cannot be discharged, either before the acceptance of the works, or before the expiry of a period of one month after taking possession by the buyer, of construction defects or apparent defects of conformity.
There shall be no grounds for rescission of the contract or reduction in price if the seller undertakes to carry out the repair".
Article 1643 of the French Civil Code
"The seller is liable for hidden defects, even if they were unaware of them, unless, in that case, they have stipulated that they shall not be bound by any warranty".
Article 1644 of the French Civil Code
"In the cases of articles 1641 and 1643, the buyer has the choice of returning the item and having the price restored, or of keeping the item and having part of the price returned to them".
Article 1645 of the French Civil Code
"If the seller was aware of the defects in the item, they shall be liable, in addition to the restitution of the price received, for all damages and interest towards the buyer".
Article 1646 of the Civil Code
"If the seller was unaware of the defects in the item, they shall only be liable for restitution of the price, and for reimbursing the buyer for the costs incurred by the sale".
Article 1647 of the French Civil Code
"If the item that had defects has perished as a result of its poor quality, the loss is borne by the seller, who shall be liable to the buyer for the restitution of the price and the other damages explained in the two preceding articles.
But any loss occurring by chance shall be borne by the buyer".
Article 1648 of the French Civil Code
"The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from liability for apparent defects or defects of conformity".
ANNEX 2
Standard withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of PROBIKESHOP, S.A.S. with a share capital of €350,000, registered office at 52 quai Rambaud - 69002 Lyon, registered under number 983 316 951 at the Lyon Trade and Companies Register (R.C.S).
I/We(*) hereby notify you of my/our(*) withdrawal from the contract relating to the sale of the following good(s)(*):
- Ordered on (*) / Received on (*):
- Name of the Customer(s):
- Address of the Customer(s):
Signature of the Customer(s) (only in the case of notification of this form on paper):
Date:
(*) Delete as appropriate.
Version of Probikeshop General Terms and Conditions as of 16 April 2024.
