Legal notice RGPD Terms and conditions
ARTICLE 1 – MAIN INFORMATION
Syklo, SASU
Share capital of 1,000 euros
Registered with the RCS of Romans, under number 948184650
10 Chemin de la Maronne
26400, Cobonne
Email : contact@syklo.fr
Telephone: 0760261925
VAT FR56948184650
ARTICLE 2 – HOSTING
The site is hosted by O2SWITCH, whose head office is located at o2switch Chemin des Pardiaux 63000 Clermont-Ferrand, and can be reached at tel:0444446040
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional purchasers (“the Customer”) wishing to acquire the products offered for sale (“the Products”) by the Seller on the syklo.fr website. The Products offered for sale on the site are as follows:
bicycle electrification kit, electric bicycle motor, electric bicycle battery, charger, display, cables and connectors, bicycle tools, products related to electric bicycles, new or used electric bicycle
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the syklo.fr website, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to stock availability, as specified when the order is placed.
These GTC are accessible at all times on the syklo.fr website and shall prevail over any other document.
The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by ticking the appropriate box before placing an order on the syklo.fr website.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
The Vendor’s contact details are as follows:
Syklo, SASU
Share capital of 1,000 euros
Registered with the RCS of Romans, under number 948184650
10 Chemin de la Maronne
Email : contact@syklo.fr
Telephone: 0760261925
ARTICLE 2 – Prices
The Products are supplied at the prices in force on the syklo.fr website at the time the order is registered by the Vendor.
Prices are given in Euros, excluding VAT and including VAT.
Prices take into account any discounts granted by the Seller on the syklo.fr website.
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 their period of validity.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select the Products they wish to order on the syklo.fr website, according to the following procedures:
The Customer chooses a Product and places it in his/her shopping basket, which he/she may delete or modify before validating his/her order and accepting the present terms and conditions of sale. They then enter their contact details or log in to their account and choose the delivery method. Once the information has been validated, the order will be considered final and will require payment by the Customer in accordance with the terms and conditions set out.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the syklo.fr website constitutes the formation of a distance contract between the Customer and the Seller.
The Vendor 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.
The customer can follow the progress of his order on the site.
ARTICLE 3 Bis – Customer area – Account
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.
The customer is responsible for updating the information provided. He/she is informed that he/she can modify them by logging into his/her account.
To access his personal space and order history, the Customer must identify himself using his user name and password, which are strictly personal and communicated to him after registration. In this respect, the Customer shall refrain from disclosing them. If this is not the case, he/she will remain solely responsible for any use made of it.
Customers may also request to be removed from the list by visiting the dedicated page in their personal space or by sending an email to: contact@syklo.fr. This will be effective within a reasonable timeframe.
In the event of non-compliance with the general terms and conditions of sale and/or use, the syklo.fr website may suspend or even close a customer’s account after formal notice has been sent by electronic means and has remained without effect.
Any deletion of an account, for whatever reason, will result in the deletion of all the Customer’s personal information.
The Vendor shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these terms and conditions of sale.
ARTICLE 4 – Terms of payment
The price is paid by secure payment as follows:
payment by credit card or payment by bank transfer to the Vendor’s bank account (details of which are given to the Customer when the order is placed)
The price is payable in full by the Customer on the day the order is placed. Or 3x free of charge.
| Payment in 3 instalments by credit card is a payment solution that allows you to pay for your order in 3 instalments debited from your credit card account. |
Example of payment in 3 instalments
For a purchase of €600, you pay an initial instalment of €200 and then 2 instalments of €200.
Total amount due: €600.
The instalments are debited over a maximum period of 90 days from the date of purchase*.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the syklo.fr website.
Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zone(s):
Corsica, Switzerland, Belgium.
Deliveries are made within 10 days to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The customer must check the condition of the products delivered. He/she has 15 days (maximum period) from delivery to make any complaints by post, e-mail or telephone, accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no complaint will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal
According to the terms of Article L221-18 of the French Consumer Code “
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.”
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The customer is responsible for return shipping costs.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 – Seller’s liability – Warranties
Products supplied by the Vendor benefit from :
the legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,
Legal warranty provisions
Article L217-4 of the French Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.”
Article L217-5 of the French Consumer Code
“The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between 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 French Consumer Code
“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article 1641 of the French Civil Code.
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-16 of the French Consumer Code.
“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller’s finding of the non-conformity or latent defect. This refund may be made by bank transfer or cheque.
The Vendor cannot be held liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of 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 site are not contractual and do not engage the responsibility of the Vendor.
The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
Contractual warranty provisions
Products purchased on the syklo.fr website may benefit, in addition to the legal warranties of conformity and hidden defects, from a contractual warranty as indicated where applicable in the description of a given Product, according to the following terms, conditions and rates:
All products sold by our brand on our website automatically come with a free two-year commercial warranty, from the date of receipt of the product.
Batteries are guaranteed to retain 70% of their original capacity over 500 charge cycles or 24 months from the date of manufacture. Following the battery maintenance instructions will help ensure a long life for your battery.
This contractual warranty covers the following situations:
This warranty covers only failures and malfunctions resulting from proper installation (see tutorials and manuals) and use of the product. The warranty does not apply in the event of normal wear and tear or if the product has been modified, improperly installed, damaged during installation or use, or used in an abnormal or improper manner.
All our electrification kits, including batteries, motors, controllers and accessories, have been designed to operate within a specific current, load and discharge range, as indicated in the technical data sheets available on request. We remind you that any inappropriate use, such as failure to comply with these ranges, may result in deterioration, total destruction or explosion of the products, which may cause material and/or physical damage.
Our products are splash-proof, but not immersion-proof. It is therefore important not to immerse our products in water, wash them with high pressure, or use them on vehicles other than bicycles. The use of our motors on vehicles other than bicycles may cause overheating and/or mechanical deterioration, resulting in damage to property and/or personal injury. In addition, incorrect tightening of the motor may cause the motor cables to pull out, the motor axle to deteriorate and the wheel to fall off, resulting in material damage and/or personal injury.
It is important to note that our batteries have been specially designed to work with our electrification kits. Any use of the batteries on other kits may lead to deterioration, total destruction or explosion of the battery, particularly if excessive charging or discharging currents are used, if the batteries are stored in extreme temperatures, if they are immersed in water or fire, or if they are stored for long periods without recharging or use. We strongly recommend the use of suitable chargers, purchased on our website or from our authorized partners (contact us for a list).
This warranty is excluded in the following situations:
The commercial warranty does not cover products that have been installed improperly, damaged during installation or use, used abnormally or improperly, damage caused by wear and tear, lack of or improper maintenance, products that have been modified by the customer, products that have been used on a vehicle other than a bicycle, and products that show signs of impact.
The following items are not covered by the warranty as they are related to normal wear and tear of the product: products showing traces of oxidation or rust, deteriorated motor gears, motor windings showing traces of overheating, cut and/or deteriorated cables, broken and/or buckled and/or twisted motor shafts, worn gears, deteriorated threads, loss of one of the kit components.
In addition, we remind you that the use of our products in an abnormal manner, such as the use of an unbridled electrification kit (above 25 km/h), simultaneous acceleration and braking, the use of an acceleration trigger without pedaling, jumping obstacles, burn-out (spinning of the drive wheel), sudden stopping of the motorized wheel while rotating (jump landing, obstacle crossing), maintaining acceleration when the motor is forced (steep climb, obstacle crossing), use with inappropriate intensities and voltages, or towing (trailer, child’s bike), are not covered by our warranty.
In the case of batteries, any trace of opening, impact or oxidation will invalidate the warranty. Batteries are guaranteed to retain 70% of their original capacity over 500 charge cycles or 24 months from the date of manufacture. Following the battery maintenance instructions will help ensure a long life for your battery.
After 5,000 km, electrification kits are no longer covered by the warranty.
It applies under the following conditions:
In the event of a manufacturing, material or design defect in a product sold by SYKLO, the commercial warranty will apply for a period of 2 years from the date of delivery.
Repairs under warranty are carried out by SYKLO or a SYKLO-approved workshop. SYKLO will cover transport and labour costs if the warranty is valid. Parts replaced under warranty become the property of SYKLO.
The commercial guarantee does not exclude legal guarantees such as the guarantee of conformity and the guarantee against hidden defects.
In case of product return, it is imperative to contact SYKLO customer service to obtain a return authorization. Return shipping costs are at the customer’s expense , except in the case of a valid warranty. SYKLO reserves the right to refuse a parcel if it arrives damaged or if the contents have not been carefully packaged (non-exhaustive list: products packed, wedged together, cardboard box tightly closed, missing products, etc.).
Any complaint or request for information should be addressed to SYKLO’s customer service department by email or post.
ARTICLE 9 – Personal data – RGPD
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Vendor and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.
9.1 Collection of personal data
The personal data collected on the syklo.fr website are as follows:
Opening an account
When creating a customer/user account :
Full name, postal address, telephone number and e-mail address.
Payment
When paying for Products offered on the syklo.fr website, the latter records financial data relating to the Customer’s bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are) :
Transport service providers
Payment service providers
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 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable 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 the transmission or storage of information over the Internet.
9.7 Implementation of customer and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the syklo.fr website have the following rights:
They can update or delete their data as follows:
by mail or post.
They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
They may exercise their right of access to their personal data 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 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 data held by the Seller to another service provider.
Finally, they may object to the processing of their data by the Vendor.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must respond within a maximum of one month.
Any refusal to grant the Customer’s request must be justified.
Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. You may withdraw your 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 syklo.fr website 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 of copyright.
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 GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 – Disputes
For any complaint, please contact customer service at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GCS.
The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
In this case, the appointed mediator is
Service du Médiateur du e-commerce de la FEVAD (Federation of e-commerce and distance selling)
60 Rue La Boétie – 75008 Paris
E-mail: https://www.mediateurfevad.fr/index.php/espace-consommateur/#formulaire-conso.
Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising out of or in connection with the purchase or sale of goods pursuant to these GTCS, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.
Appendix
Withdrawal form (example to copy/paste for e-mail or hard copy)
Date ______________________
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on syklo.fr, unless exclusions or limits to the exercise of the right of withdrawal apply in accordance with the applicable General Terms and Conditions of Sale.
To the attention of SASU, Syklo
10 Chemin de la Maronne
I hereby give notice of withdrawal from the contract for the following item:
– Ordered on (indicate date)
– Order number: …………………………………………………..
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..
