OVERVIEW

This site is used by Le Pratique du Motard. The Practice of the Biker is recognized through the words ''We'', ''Our'', 'Our'' on this site. Le Pratique du Motard has on this site, with all the information, all the tools and services possible for you, the user, on the sole condition of your subscription, to all the terms, conditions, policies and notices below statements.

By visiting this site and / or by obtaining one of our products, you make a commitment to our service and approve your binding by the terms and conditions which are (general conditions of sale and use, conditions) with the terms, additional terms and policies invoked herein and/or hyperlinked to. These general conditions of sale and use are binding on all users of this site, and inclusively on users browsing the site, as sellers, customers, merchants and/or content contributors, but are not limited to these latter.

We recommend that you read these general conditions of sale and use carefully before accessing or using our website. When you access or use any part of this site, you agree to your binding to these Terms and Conditions of Sale and Use. In the event of disagreement with all the terms and conditions relating thereto, you therefore have no interest in accessing the website, even less in using the services available there. When these general conditions of sale and use are perceived in the form of an offer, the approval is expressly limited to these general conditions of sale and use.

All new functionalities and/or new tools which are subsequently added to this store will not be an exception to these general conditions of sale and use. The most updated version of the general conditions of sale and use remains available to consult at any time on this page. Any part of these conditions of sale and use remains subject to modification, replacement, and the updates made will be published on our website. It is therefore up to you to constantly visit this page to be aware of the changes made. By constantly visiting the website, even after the posting of any changes, you approve of the changes that have been made.

Shopify Inc. covers our store. We sell our products through the e-commerce platform

ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE

By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age minor in your charge to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, nor must you, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to laws relating copyright).

You must not transmit worms (trojans), viruses or any other code of a destructive nature.

Any breach or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.

 

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to deny access to the Services to any person at any time for any reason.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without authorization prior express writing from us.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS AND UPDATE OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or current. It is advisable to first consult other more accurate, more complete and up-to-date sources of information before making any decision, as the content of this site is provided for information purposes only. You will be held responsible for any risk of relying on the content offered on this site

You may encounter outdated information on this site. They remain obsolete and therefore not up to date and are only indicative. It is our right to modify the content of this site at any time, but on the other hand, updating the information on this site is in no way an obligation for us. It is therefore up to you to be aware of any changes made to our site.

ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service and/or the order (as well as any part or any content of the Service) without notice and at any time.

We will not be liable to you or any other third party for any price change, suspension or discontinuance of the Service and/or the order

 

ARTICLE 4.1 – STOCKS AND AVAILABILITY

Please note, due to high demand and daily system updates, it is possible that a product indicated as not very available will no longer be available when it is added to the basket. We therefore advise you to select a replacement item.

 

ARTICLE 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.

We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of colors will be accurate.

We reserve the right, but are not obligated to, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.

 

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time of the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

For more details, please see our Returns Policy.

 

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third party tools over which we do not monitor, control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third party tools.

If you use optional tools offered through the Site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the relevant third-party provider(s).

We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new functionalities and these new services will also be subject to these General Conditions of Sale and Use.

ARTICLE 8 – THIRD-PARTY LINKS

Some content, products and services available on our Service may include materials from third parties.

These third party links on this site may direct you to third party websites unrelated to us. It is not our duty to examine or evaluate the content or accuracy of such sites, and we make no warranties, let alone assurance of liability, with respect to any content, website, product, service or other elements accessible on or from these any sites.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with any such websites. We recommend that you carefully read the policies and practices of third parties and fully understand them before engaging in any transaction. As for the complaints, claims, concerns, or questions concerning the products of these third parties, it is up to them to submit them.

 

ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS

If, at our request, you submit specific content (for example, to participate in competitions), or if without our request, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at all times, and without restriction, to edit, copy, publish, distribute , to translate and otherwise use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property or these General Conditions of Sale and Use.

You agree to write comments that do not violate the rights of third parties, including copyright, registered trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service. or any other related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third-parties as to the origin of any comments. You are fully responsible for all comments you post and their accuracy. We take no responsibility and disclaim all liability for any comments posted by you or any third party.

 

ARTICLE 10 – PERSONAL INFORMATION

Your submission of personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

 

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, fees shipping of products, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or to cancel orders, if any information in the Service or on any other related website is inaccurate, and this , at any time and without notice (including after you have placed your order).

We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No set update or refresh date in the Service or on any related website should be relied upon to conclude that information in the Service or on any related website has been modified or updated.

 

ARTICLE 12 – PROHIBITED USES

In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a way that impairs the functionality or operation of the Service or any other associated, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information from, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

 

ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and non-plagiarism.

Le Pratique-du-Motard, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or direct damages. , indirect, incidental, punitive, special, or consequential damages of any kind whatsoever, including but not limited to lost profits, revenue, savings, data, replacement costs or any similar damages , whether in contract, tort (even in negligence), strict liability or otherwise, arising out of your use of any service or product from this Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of them occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend, and protect Le Pratique-du-Motard, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, with respect to any claim or demand, including reasonable attorneys' fees, issued by any party due to or arising out of your breach of these Terms of Service or documents to which they refer, or your violation of any law or the rights of any person.

 

ARTICLE 15 – SEVERABILITY

If any provision of these General Conditions of Sale and Use appears to you to be illegitimate, void or inapplicable, the latter would however apply to the full extent permitted by law, and you must consider the non-applicable part as being isolated from these General Conditions of Sale and Use; despite this, all other remaining provisions will remain valid and applicable.

 

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date shall survive termination of this Agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we judge, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you. in advance and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof ).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure on our part to exercise or apply any right or any provision of these General Conditions of Sale and Use should not constitute a waiver of this right or this provision.

These Terms of Service or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to any prior version of the General Conditions of Sale and Use).

Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted to the detriment of the drafting party.

ARTICLE 18 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These T&Cs are subject to French law.

The laws in application France are those which administer and allow to interpret these General Conditions of Sale and Use and any other isolated agreement, through which we provide the services of: Le Pratique du Motard 10 rue du Colisée 75008 PARIS

In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.

In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.

ARTICLE 19 – MODIFICATIONS MADE TO THE GENERAL CONDITIONS OF SALE AND USE

The most up-to-date version of these General Conditions of Sale and Use remains available on this page. You can consult it at any time

Confidentially, we have the right to update, modify or replace any part of these General Conditions of Sale and Use, while publishing them on our site. It is your responsibility to visit our site regularly to check whether any changes have been made. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.

ARTICLE 20 – WITHDRAWAL

7.1 Principle and deadline

The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the receipt of the last Product.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

Supply of goods made to the consumer's specifications or clearly personalized; (print on demand, personalized jewelry etc)

Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (helmet and biker equipment such as gloves and jacket)

7.3 Modalities for exercising the right of withdrawal

To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration and expressing his intention to withdraw within the 14-day period mentioned above.

The Customer has a period of 14 days from the sending of the notification of his withdrawal and after agreement of the customer service to return the Product to the Company in its original packaging, the return costs being borne by exclusive to the Customer.

The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the Company to put them back on sale. In the event of receipt of open, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.

In the event of a return of the Product under the conditions provided for by law and these GCS, the Company will reimburse the sums paid for the item returned by the Customer, except for the delivery costs, which cannot be reimbursed, those, in the 14 days from the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only refund after receipt and verification of the condition of the returned Product.

This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless expressly agreed by the Customer for another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.

ARTICLE 21 – INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on the page of a Product, sales of Products on the site entail no transfer of intellectual property on the Products sold.

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No assignment of intellectual property rights is made through these GCS.

ARTICLE 22 – FORCE MAJEURE

The Company cannot be held responsible for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.

ARTICLE 23 –– EXCLUSION OF LIABILITY

Notwithstanding any provision to the contrary set forth herein, the Company shall under no circumstances be held liable in the event of loss or damage due to improper use of the Product(s) by the Customer, including in particular a modification or alteration of the/ Product(s) not authorized by the Company.

 

ARTICLE 24 – CONTACT DETAILS

You should send questions relating to the General Conditions of Sale and Use to support-client@lepratique-du-motard.fr

ARTICLE 25 – SUSPENSION – TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC, or generally the applicable legal provisions, without prejudice to any damages that the Company may request.

Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorization of the Company.

 

ARTICLE 26 – COMPLAINTS AND REIMBURSEMENT

1. Parcel marked as delivered but not received: In many cases, it is possible to recover an incorrectly delivered parcel. Here are the recommendations we can give you to be able to locate your shipment:

1. Have your tracking number ready.
2. Contact the transport company or the postal operator in charge of your shipment and notify them of the situation.

2. If by some bad luck you are dealing with a package delivered but not received, it may be due to the following reasons:

* Your package was mistakenly received by someone else due to an incorrect or illegible address marked by the sender.* Your neighbor or family member received the package on your behalf and forgot to notify you.
* Sometimes an unreceived package may be marked as delivered even before it arrives.
* The package was left near your home (store, kiosk, post office, relay point).
* Technical error in the tracking system of the transport company.
* If the carrier's searches have yielded no results, your package will be declared lost. Then prepare a claim for an undelivered package in order to get a refund. The processing of your complaint may take between 2 and 4 weeks, depending on the carrier.

3. To get compensation from the shipping company, you will need to file a formal claim. Contact the logistics provider's customer support. Once the delivery company has analyzed your case and assessed the amount of the lost package, you will be informed of its decision. If this situation is due to a fault of the carrier, we will refund your order. On the other hand, if the delivery failure is attributable to the customer, as in the case of incorrect delivery address informed, it will not be refunded.

4. Parcel refusal

1. Reimbursement In the case of refusal of delivery following a withdrawal, the return costs will be at your expense and automatically deducted from your reimbursement even if the initial shipping costs were offered. Your reimbursement will be effective after receipt of the article in the warehouses of the merchant and after verification of its general condition. to prove the return of the package: a fee of 25% of the product price will be deducted from your refund. In case of refusal it is your duty to notify us of the return tracking number, we do not have automatic access to it.

2. VAT refund: Customs and VAT fees are not refundable in the event of withdrawal or refusal of the package.

5. Faulty or damaged package

1. The defect must be on the product, not the packaging. The defect must compromise the quality of the product, or its use must not be considered as a case of withdrawal.
2. In the event that the expertise confirms a manufacturing defect, the regulations allow the merchant to favor the repair or exchange of your product even if you request a refund. If he is unable to complete one of the first two actions, he will refund your purchase. If you want a refund, the merchant has the right to consider your request as a withdrawal and the return will be at the customer's expense.

6. Application of a discount if the product shows signs of use. In the event of withdrawal, we reserve the right to discount part of the refund in proportion to the damage.

7. You have 45 days to tell us that you have not received your order, without complaint from you within this period the order is considered delivered.

8. Change of address procedure in the event that the customer informs the wrong address. If after your order you realize that there is an error in your delivery address, please inform us within 24 hours. following the closing of the order. If this procedure is not followed, we may not be able to change the delivery address. A wrong delivery address may prevent delivery or cause delivery to a different location than desired. We will not be responsible in these cases.