General terms of sale

Effective as of 06/01/2025
 

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

Motorcycle parts and accessories

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website www.motorradperformance.fr, which the Customer is required to review before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to available stock, as specified at the time of order placement.

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 having read these General Terms and Conditions of Sale and accepted them by checking the box provided for this purpose before proceeding with the online ordering process 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 of 1000 euros
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.

In the case of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and overseas departments and territories, the price will be automatically calculated excluding tax on the invoice.
Customs duties or other local taxes, import duties, or state taxes may be applicable. These will be the responsibility of the Customer alone.

ARTICLE 2 - Price

Products are supplied at the current prices listed on the website www.motorradperformance.fr at the time the order is recorded by the Seller.
Prices are expressed in Euros, excluding and including tax.
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 not subject to revision during their validity period, but the Seller reserves the right to modify prices at any time outside the validity period.

Prices do not include handling, shipping, transport, and delivery fees, which are charged additionally under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total purchase amount, including these fees.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the Customer's responsibility to select on the site www.motorradperformance.fr the Products they wish to order, under the following conditions:
The customer selects a product which they add to their cart, a product they can delete or modify before confirming their order and accepting these general terms and conditions of sale. They will then enter their details or log into their account and choose the delivery method. After confirming the information, the order will be considered final and will require payment from the customer according to the specified terms.

Product offers are valid as long as they are visible on the site, subject to available stock.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and immediately report any errors.
Any order placed on the site 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 regarding payment of a previous order.
The Customer can track the progress of their order on the site.

ARTICLE 4 - Payment Terms

The price is paid via secure payment methods, under the following conditions:
payment by credit card

The price is payable in full by the Customer at the time the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider handling bank transactions on the site www.motorradperformance.fr.

Payments made by the Customer will only be considered final after effective receipt by the Seller of the amounts due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

ARTICLE 5 - Deliveries

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

Deliveries take place within 3 to 5 business days to the address provided by the Customer when placing the order on the site.
Delivery consists of transferring physical possession or control of the Product to the Customer. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to make their best efforts to deliver the products ordered by the Client within the above-mentioned deadlines.

If the ordered Products have not been delivered within 14 working days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be terminated at the Client's written request under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded no later than fourteen days following the date of contract termination, excluding any compensation or deduction.

In case of a specific request from the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional charge, based on a quote previously accepted in writing by the Client.
The Client is required to check the condition of the delivered products. They have a period of 14 working days from delivery to make claims by email, accompanied by all relevant supporting documents (photos in particular). After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defect and no claim will be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at their expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and damage related thereto will only occur when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk except when the Client has chosen the carrier themselves. In this case, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Products from the Seller to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Right of Withdrawal

According to the provisions of article L221-18 of the Consumer Code, "For contracts providing for the regular delivery of goods over a defined period, the withdrawal period starts from the receipt of the first good."
The right of withdrawal can be exercised online, using the attached withdrawal form which is also available on the website, or by any other clear statement expressing the intention to withdraw, including by postal mail sent to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTC.
Returns must be made in their original and complete condition (packaging, accessories, manual...) allowing their resale as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products are not accepted for return.
Return shipping costs remain the responsibility of the Customer.
Exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - Seller's Liability - Warranties

The Products supplied by the Seller benefit from:
of the legal warranty of conformity, for defective, damaged, or non-compliant Products,
of the legal warranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use,

Provisions relating to legal warranties
Article L217-4 of the Consumer Code
"The seller is required to deliver a good that complies with the contract and is liable for 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 when this has been assigned to them by the contract or carried out under their responsibility."
Article L217-5 of the Consumer Code
"The good complies with the contract:
1° If it is suitable for the usual use expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses 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 can legitimately expect given the public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L217-12 of the Consumer Code
"The action resulting from non-conformity expires after two years from the delivery of the good."
Article 1641 of the Civil Code.
"The seller is liable for the warranty against hidden defects of the sold item that make it unfit for the intended use, or that so diminish that use that the buyer would not have acquired it, or would have paid a lower price, if they had known about them."
Article 1648 paragraph 1 of the Civil Code
"The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect."
Article L217-16 of the Consumer Code.
“When the buyer requests the seller, during the commercial warranty period granted at the time of acquisition or repair of a movable good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining warranty period. This period starts from the buyer’s request for intervention or the availability of the item for repair if this availability is after the intervention request.”
To assert their rights, the Client must inform the Seller in writing (email or letter) of the non-compliance of the Products or the existence of hidden defects from the date of their discovery.
The Seller will refund, replace, or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the charged rate, and return costs will be reimbursed upon presentation of receipts.
Refunds, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and no later than 14 business days following the Seller’s acknowledgment of the non-compliance or hidden defect. This refund may be made by bank transfer or check.
The Seller’s liability cannot be engaged in the following cases:
Non-compliance with the legislation of the country where the products are delivered, which the Client is responsible for verifying,
In cases of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as well as normal wear and tear, accidents, or force majeure.
Photographs and graphics shown on the site are not contractual and do not engage the Seller’s liability.
The Seller’s warranty is, in any case, limited to the replacement or refund of Products that are non-compliant or defective.

ARTICLE 9 - Personal Data

The Client is informed that the collection of their personal data is necessary for the sale and delivery/shipment of the Products, entrusted to the Seller. This personal data is collected solely for the execution of the sales contract.

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

Product Order:
When the Client places an order for Products:
First and last names, postal address, phone number, and email address.

Payment
As part of the payment for Products offered on the website www.motorradperformance.fr, financial data related to the Client/User's bank account or credit card is recorded.

9.2 Recipients of Personal Data
Personal data is reserved for the exclusive use of the Seller and its employees.

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

9.4 Limitation of processing
Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period
The Seller will retain the data collected for a period of 5 years, covering the time of the applicable contractual civil liability prescription.

9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures regarding digital security 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 transmission or storage of information on the Internet.

9.7 Implementation of Clients' and users' rights
In accordance with the regulations applicable to personal data, Clients and users of the site www.motorradperformance.fr have the following rights:
They can 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 know the personal data concerning them by writing to the address indicated in article 9.3 "Data Controller."
If the personal data held by the Seller is inaccurate, they may request the update of the information 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 provider.
Finally, they may object to the processing of their data by the Seller.
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above.
The data controller must respond within a maximum period of one month.
In case of refusal to grant the Client's request, the refusal must be justified.
The Client is informed that in case of refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.
The Customer may be invited to check a box to accept receiving informational and promotional emails from the Seller. They will always have the option to 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 site 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 GTC and the resulting transactions are governed by and subject to French law.
These GTC are written in French. In case of translation into one or more foreign languages, only the French text shall prevail in case of dispute.

ARTICLE 12 - Disputes

For any complaint, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that they may, in any case, resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute. 
In this case, the appointed mediator is
CM2C
49 rue ponthieu 75008 Paris
https://www.cm2c.net
E-mail: contact@cm2c.net. 
The Customer is also informed that they can use the Online Dispute Resolution platform (ODR): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these GTC and not resolved amicably between the seller or through mediation will be submitted to the competent courts under common law conditions.

Created on https://www.legalplace.fr
 

ANNEX I
Withdrawal form

 Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.motorradperformance.fr except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of Motorrad Performance
20 rue de cocagne 31140 launaguet
I hereby notify the withdrawal from the contract concerning the item below:
- Order Date (please specify)
- Order Number: ...........................................................
- Customer Name: ...........................................................................
- Customer Address: .......................................................................
 
 
Customer Signature (only if this form is notified on paper)