Terms and Conditions of Sale

Effective 01/06/2025
 

ARTICLE 1 - Scope
 
These General Terms and Conditions of Sale (the “General Terms and Conditions of Sale”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (the “Customers” or the “Customer”) wishing to purchase the products offered for sale (the “Products”) by the Seller on the website www.motorradperformance.fr. The Products offered for sale on the website are as follows:

Motorcycle parts and accessories

The main characteristics of the Products, including the specifications, illustrations, and indications of the Products' dimensions or capacity, are presented on the website www.motorradperformance.fr, which the Customer is required to review before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability while stocks last, as specified when the order is placed.

These General Terms and Conditions of Sale are accessible at any time on the website www.motorradperformance.fr and shall prevail over any other document.
The Customer declares that they have read and accepted these General Terms and Conditions of Sale by checking the box provided for this purpose before initiating the online ordering procedure on the website www.motorradperformance.fr.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:
B2 Performance, SASU
Share capital: €1,000
Registered with the Toulouse Trade and Companies Register under number 943349845
20 rue de cocagne 31140 Launaguet
Email: contact@motorradperformance.fr
Intra-Community VAT number FR51943349845
The Products presented on the website www.motorradperformance.fr are offered for sale in the following territories:
European Union.

For orders shipped to a country other than mainland France, the Customer is the importer of the Product or Products concerned.
For all Products shipped outside the European Union and the French overseas departments and territories, the price will automatically be calculated excluding taxes on the invoice.
Customs duties or other local taxes, import duties, or government taxes may be payable. They shall be borne solely by and be the sole responsibility of the Customer.

ARTICLE 2 - Prices

The Products are supplied at the prices in effect shown on the website www.motorradperformance.fr when the Seller records the order.
Prices are expressed in euros, excluding and including VAT.
The prices take into account any discounts that may be granted by the Seller on the website www.motorradperformance.fr.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside that period.

Prices do not include processing, shipping, transport, and delivery costs, which are charged additionally under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total purchase amount, including these costs.
The Seller issues an invoice and provides it to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

The Customer is responsible for selecting the Products they wish to order on the website www.motorradperformance.fr, according to the following procedure:
The Customer selects a product and adds it to their cart, which they may remove or modify before confirming their order and accepting these general terms and conditions of sale. They then enter their contact details or log in to their account and choose the delivery method. After the information has been confirmed, the order will be considered final and will require payment by the Customer according to the terms provided.

Product offers are valid as long as they are visible on the site, while stocks last.
The sale will be considered valid only after the price has been paid in full. The Customer is responsible for checking the accuracy of the order and immediately reporting any errors.
Any order placed on the website www.motorradperformance.fr constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning payment for a previous order.
The Customer may track the progress of their order on the site.

ARTICLE 4 - Payment Terms

The price is paid using a secure payment method, according to the following terms:
payment by bank card

The price is payable in full by the Customer on the date the order is placed.

Payment data is exchanged in encrypted form using the protocol defined by the approved payment service provider handling banking transactions carried out on the website www.motorradperformance.fr.

Payments made by the Customer will be considered final only after the Seller has effectively received the amounts due.
The Seller shall not be required to deliver the Products ordered by the Customer if the Customer has not paid the full price under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in mainland France or in the following area(s):
European Union.

Deliveries are made within 3 to 5 business days to the address indicated by the Customer when placing the order on the site.
Delivery consists of transferring physical possession of or control over the Product to the Customer. Unless otherwise specified or one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the ordered Products have not been delivered within 14 business days after the indicative delivery date, for any reason other than force majeure or the Customer’s actions, the sale may be terminated at the Customer’s written request under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Customer shall then be refunded to them no later than fourteen days after the date on which the contract is terminated, without any compensation or deduction.

If the Customer makes a specific request concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs shall be invoiced separately as an additional charge, based on a quotation previously accepted in writing by the Customer.
The Customer must check the condition of the delivered products. They have 14 business days from delivery to submit complaints by email, accompanied by all relevant supporting documents, particularly photographs. After this period, and if these formalities have not been complied with, the Products shall be deemed compliant and free from any apparent defect, and no complaint may be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in Articles L 217-4 et seq. of the Consumer Code and these General Terms and Conditions of Sale.

The risk of loss of and damage to the Products shall transfer only when the Customer physically takes possession of them. Accordingly, the Products are shipped at the Seller’s risk, except where the Customer has chosen the carrier themselves. In this respect, the risks transfer when the goods are handed over to the carrier.

ARTICLE 6 – Transfer of ownership

Ownership of the Seller’s Products shall transfer to the Customer only after the price has been paid in full by the latter, regardless of the delivery date of said Products.

ARTICLE 7 – Right of withdrawal

In accordance with Article L221-18 of the French Consumer Code: “For contracts providing for the regular delivery of goods over a defined period, the period begins on receipt of the first good.”
The right of withdrawal may be exercised online using the attached withdrawal form, which is also available on the website, or by any other unambiguous statement expressing the wish to withdraw, including by post sent to the Seller at the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions of Sale.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing them to be resold as new, and accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted for return.
Return shipping costs remain the responsibility of the Client.
The exchange (subject to availability) or refund will be made within 14 days of the Seller’s receipt of the Products returned by the Client in accordance with the conditions set out in this article.

ARTICLE 8 - Seller’s Liability - Warranties

The Products supplied by the Seller benefit from:
the statutory warranty of conformity for defective, damaged, or broken Products, or Products that do not correspond to the order,
the statutory warranty against hidden defects arising from a defect in materials, design, or manufacture affecting the delivered products and rendering them unfit for use,

Provisions relating to statutory warranties
Article L217-4 of the French Consumer Code
“The seller is required to deliver goods that conform to the contract and is liable for defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when the contract assigned responsibility for the installation to the seller or it was carried out under the seller’s responsibility.”
Article L217-5 of the French Consumer Code
“The goods conform to the contract:
1° If it is fit for the use ordinarily expected of similar goods and, where applicable:
- if it matches the description provided by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in light of the public statements made by the seller, the producer, or the producer’s representative, particularly in advertising or on labeling;
2° Or if it has the characteristics jointly defined by the parties or is suitable for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the seller.”
Article L217-12 of the French Consumer Code
“An action arising from a lack of conformity is time-barred two years from delivery of the goods.”
Article 1641 of the French Civil Code.
“The seller is bound by the warranty for hidden defects in the item sold that render it unfit for the intended use, or so substantially reduce that use that the buyer would not have purchased it, or would have paid only a lower price, had they known of them.”
Article 1648, paragraph 1, of the French Civil Code
“The action arising from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
Article L217-16 of the French Consumer Code.
“When the buyer asks the seller, during the commercial warranty period granted to them when purchasing or repairing movable property, to restore the property under the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period. This period begins on the date the buyer requests the intervention or makes the property in question available for repair, if that availability occurs after the intervention request.”
To assert their rights, the Customer must inform the Seller in writing (by email or letter) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will refund, replace, or arrange for the repair of Products or parts covered by the warranty that are deemed non-conforming or defective.
Shipping costs will be refunded based on the amount charged, and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements, or repairs of Products deemed non-conforming or defective shall be carried out as soon as possible and no later than 14 business days following the Seller’s confirmation of the lack of conformity or hidden defect. This refund may be made by bank transfer or bank cheque.
The Seller shall not be held liable in the following cases:
failure to comply with the legislation of the country to which the Products are delivered, which the Customer is responsible for verifying,
in the event of misuse, use for professional purposes, negligence, or lack of maintenance by the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.
The photographs and graphics presented on the website are not contractual and shall not incur the Seller’s liability.
In all cases, the Seller’s warranty is limited to replacing or refunding non-conforming or defective Products.

ARTICLE 9 - Personal data

The Customer is informed that collecting their personal data is necessary for the sale and delivery of the Products entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.

9.1 Collection of personal data
The personal data collected on the website www.motorradperformance.fr is as follows:

Ordering Products:
When the Customer orders Products:
Surname, first name, postal address, telephone number, and email address.

Payment
As part of the payment for Products offered on the website www.motorradperformance.fr, the website records financial data relating to the Customer’s/user’s bank account or credit card.

9.2 Recipients of personal data
Personal data is reserved exclusively for the use of the Seller and its employees.

9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing
Unless the Customer expressly consents, their personal data will not be used for advertising or marketing purposes.

9.5 Data retention period
The Seller will retain the data collected in this manner for a period of 5 years, covering the applicable limitation period for contractual civil liability.

9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmitted or stored on the Internet.

9.7 Exercise of the rights of Customers and users
Pursuant to the regulations applicable to personal data, Customers and users of the website www.motorradperformance.fr have the following rights:
They may update or delete the data concerning them as follows:
Send an email to contact@motorradperformance.fr.
They may delete their account by writing to the email address indicated in Article 9.3 “Data Controller”.
They may exercise their right of access to find out what personal data concerning them are held by writing to the address indicated in Article 9.3 “Data Controller”.
If the personal data held by the Seller are inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”.
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”.
They may also request the portability of the data held by the Seller to another service provider.
Lastly, they may object to the processing of their data by the Seller.
These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the Data Controller, whose contact details are indicated above.
The data controller must respond within a maximum period of one month.
If the Customer’s request is refused, the refusal must be substantiated.
The Customer is informed that, in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring the matter before a judicial authority.
The Customer may be invited to tick a box agreeing to receive informational and advertising emails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the website www.motorradperformance.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

ARTICLE 11 – Applicable Law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale are drafted in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 – Disputes

For any complaint, please contact the Seller's customer service at the postal or email address indicated in ARTICLE 1 of these General Terms and Conditions of Sale.
The Customer is informed that they may, in any event, use conventional mediation through existing sector-specific mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of a dispute. 
In this case, the appointed mediator is
CM2C
49 rue ponthieu 75008 Paris
https://www.cm2c.net
Email: contact@cm2c.net. 
The Customer is also informed that they may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale that have not been resolved amicably with the Seller or through mediation shall be submitted to the competent courts under ordinary legal conditions.

Created on https://www.legalplace.fr
 

APPENDIX I
Withdrawal Form

 Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from an order placed on www.motorradperformance.fr, subject to exclusions or limitations on exercising the right of withdrawal under the applicable General Terms and Conditions of Sale.

For the attention of Motorrad Performance
20 rue de cocagne 31140 launaguet
I hereby notify you of my withdrawal from the contract concerning the goods below:
- Order placed on (enter the date)
- Order Number: ...........................................................
- Customer's Name: ...........................................................................
- Customer's Address: .......................................................................
 
 
Customer's Signature (only if this form is submitted on paper)