Terms of Sales

General Conditions of Sale (GCS)

Article 1 – General Provisions and Scope of Application

1.1 These General Conditions of Sale (“GCS”) determine the rights and obligations of the parties in the context of the online sale of products offered by the company COMLADE (“The Company”).

1.2 Any order placed on the website lepratique-du-motard.fr implies prior and unrestricted acceptance of these General Terms and Conditions, which are subject to French law. These General Terms and Conditions form an integral part of the contract between the customer and the Company. They are fully binding on the customer, who declares that they have read and accepted them, without restriction or reservation, before placing an order.

1.3 These General Terms and Conditions apply to all orders placed by an adult natural person acting as a consumer. The customer therefore certifies that he or she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity. He or she acknowledges that he or she has full capacity to commit when placing an order and undertakes to provide truthful information regarding his or her identity.

1.4 Exclusion : Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name or on behalf of another professional, are expressly excluded from the scope of these General Terms and Conditions. Professionals who wish to place an order are invited to contact The Company directly.

1.5 The General Terms and Conditions applicable to each order are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify the General Terms and Conditions at any time by publishing a new version on its website. These General Terms and Conditions can be viewed on the Company's website at the following address: lepratique-du-motard.fr and can be downloaded in PDF format.

1.6 On the site, the Company allows the customer to order online accessories and equipment for motorcyclists (clothing, protective equipment, motorcycle equipment, jackets, accessories, etc.) in accordance with these General Terms and Conditions. These General Terms and Conditions apply exclusively to sales on the site lepratique-du-motard.fr . These General Terms and Conditions are permanently accessible at the following address: lepratique-du-motard.fr/pages/conditions-generales-de-vente-et-dutilisation in a computer format allowing them to be printed and/or downloaded, so that the customer can reproduce or save them.

Article 2 – Conclusion of the Online Contract

2.1 Order Placement Process

To purchase one or more products on the site, the customer proceeds as follows:

  1. Select each product and add it to the cart.
  2. Confirm the contents of your basket to proceed to order (“first click”).
  3. Is redirected to a page containing:
    • A summary of the selected products, the corresponding prices, the delivery terms and costs. It is the customer's responsibility to check and possibly correct the contents of their basket.
    • These General Terms and Conditions, which he must read carefully before confirming the entire order.
  4. Validates the order (“second click”), which constitutes conclusion of the contract and acceptance of the General Terms and Conditions. The customer acknowledges that this click entails an obligation to pay on their part.
  5. Is redirected to the payment page. The customer chooses between the payment methods offered and proceeds to pay for their order.
  6. Receive a confirmation email containing:
    • The order summary (selected products, prices, terms and delivery costs).
    • Delivery times.
    • The withdrawal form.
    • A purchase invoice available in electronic format.

2.2 Cases of Refusal to Validate the Order

The Company reserves the right to refuse an order for the following reasons:

  • Order not in accordance with the T&Cs.
  • Abnormally high quantities ordered for private use.
  • Non-payment of a previous order or ongoing dispute.
  • Suspicion of fraud (supported by consistent evidence).

In the event of refusal, the customer will be informed by email as soon as possible.

Article 3 – Specifications and Availability of Products

3.1 Product Characteristics

The essential characteristics of the products are made available to the customer on the website. The Company ensures that the specifications are accurate. However, errors may occur. The photos and illustrations are provided for informational purposes only and have no contractual value.

3.2 Availability of Products

Offers are valid while stocks last. If a product is unavailable after order confirmation, the customer will be notified by email and a full refund will be issued.

Article 4 – Price of Products

4.1 Display of Prices

Prices are quoted in euros, all taxes included, excluding shipping costs. Taxes and customs duties for deliveries outside the European Union are the sole responsibility of the customer.

4.2 Modification of Prices

Prices may be changed at any time, but products are billed based on the rates in effect at the time the order is validated.

4.3 Shipping Costs

Shipping costs are indicated before validation of the order and added to the total amount to be paid.

Article 5 – Payment

5.1 Terms and Conditions

Payment must be made in full upon ordering. Accepted payment methods include:

  • Bank card (Visa, MasterCard, American Express).
  • PayPal (limit of €1,000).
  • Vouchers and promotional codes.

5.2 Payment Security

Payments are secured via a certified platform. Bank details are not stored on the Company's servers. In case of doubt or attempted fraud, additional documents may be requested to validate the order.

Article 6 – Delivery

6.1 Delivery Zone

Products are delivered to mainland France, including Corsica, the European Union and Switzerland. For deliveries outside the European Union and mainland France, the delivery terms will be specified to the buyer on a case-by-case basis.

Products are shipped to the delivery address specified by the customer when ordering. Delivery cannot be made to hotels, shopping centers, campsites, or PO boxes.

6.2 Delivery Times

The delivery times indicated on the website are indicative, corresponding to the average processing and delivery times. In order to respect these deadlines, the customer must ensure that they have provided accurate and complete information concerning the delivery address (in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).

The delivery time indicated when the order is placed is given for information purposes only and is in no way guaranteed. In the event of a delay in delivery resulting from failure to meet the agreed date or deadline, the buyer must, before terminating the contract, request the seller to make delivery within a reasonable additional period.

6.3 Cancellation and Refund

If the delivery time exceeds 45 days from the date of payment of the order, the customer may cancel the contract by registered letter with acknowledgment of receipt and request a refund for the order. The Company will refund the item upon receipt of the item, complete, in its original condition and with all its labels.

6.4 Customer Liability

The customer is responsible for verifying the accuracy of the information provided for delivery. Any package returned due to an incorrect or incomplete address will be reshipped at the customer's expense, or in the event of a destroyed package, we cannot be held responsible.

6.5 Damaged Packages

In the event of damaged packages (open, missing products, etc.), the customer agrees to notify the carrier and the Company, by any means, of any reservations within 48 hours of receipt. Any claim made after this period will be rejected. If the packaging is damaged, the customer must check the condition of the items and refuse the package if the items are damaged, mentioning the reservations on the delivery slip.

6.6 Delivery to a Relay Point

Products delivered to a collection point must be collected by the customer by presenting proof of identity and the collection code. The order will be kept for 15 days. After this period, the sale will be canceled and the order returned. Shipping costs will not be refunded.

6.7 Accuracy of Delivery Information

1. Customer's responsibility regarding the delivery address
The customer is solely responsible for the information entered when ordering, in particular regarding the accuracy, completeness and precision of the delivery address . Any error or omission (number, street name, postal code, floor, building, identifiable mailbox, digital code, etc.) which may result in a failure or delay in delivery cannot be attributed to the seller .

2. Exclusions from address validity
Partner carriers deliver exclusively to accessible personal or professional addresses , excluding in particular:

  • Post Office Boxes,

  • Relay points not validated via the ordering system,

  • Approximate addresses (e.g.: “Shopping center”, “Carrefour”, “camping du lac”, etc.),

  • Business or commercial addresses without identification of the recipient's name on site .

3. In case of delivery failure related to the address provided
If the package cannot be delivered due to an incomplete, imprecise or non-compliant address:

  • The package will be returned to the sender after delivery failure,

  • The customer will be informed by email or via order tracking. They will then be provided with the carrier's contact details so that a new delivery can be arranged to the address of their choice.

  • In the event of a package being lost due to an incorrect address, the seller cannot be held responsible.

4. Proof of delivery
The customer is informed that proof of delivery may consist of tracking data, geolocation, an electronic signature, or a photo of the package at the delivery address. This proof is valid in the event of a dispute, unless formal proof to the contrary is provided by the customer.

Article 7 – Right of Withdrawal

7.1 Exercise of the Right of Withdrawal

The customer has 14 days following receipt of their package to exercise their right of withdrawal, in accordance with Article L121-18 of the French Consumer Code. Any request made after this time limit will be refused.

7.2 Return Terms

Products must be returned new, unused, and in their original, undamaged packaging. No returns will be accepted if the products have been used or damaged by the customer.

  • Complete Pack : In case of return, all items in a pack must be returned together.
  • Return costs : Return costs are the responsibility of the customer.
  • Return deadline : The customer must ship the items within 14 days of the request being validated by customer service. Any package shipped after this deadline will be refused.

7.3 Exceptions to the Right of Withdrawal

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

  • Personalized goods (printed t-shirts, sweatshirts, etc.).
  • Goods unsealed for hygiene reasons.
  • Goods likely to deteriorate rapidly.

7.4 Reimbursement

Subject to compliance with the above conditions, reimbursement will be made within 15 days of receipt of the products, via the payment method used when ordering. Shipping costs are not refunded.

Article 8 – Guarantees and Liability

8.1 Legal Guarantees

All products benefit from legal guarantees of conformity and hidden defects (articles L.217-4 to L.217-12 of the Consumer Code and 1641 to 1649 of the Civil Code).

8.2 Warranty Exclusions

The guarantees do not cover:

  • Abnormal or non-compliant use.
  • Normal wear and tear.
  • Damage due to improper handling, maintenance or storage.
  • Changes made by the customer.

8.3 Warranty Procedure

All requests must be made to customer service. Products must be returned with proof of purchase and a description of the problem encountered.

Article 9 – Intellectual Property

9.1 Protection of Content

The lepratique-du-motard.fr website is protected by intellectual property law. No customer is authorized to download, modify, reproduce, or exploit, for commercial reasons, all or part of the site's content (listed products, descriptions, images, videos, etc.) without express prior authorization.

9.2 Use of Trademarks

The “lepratique-du-motard.fr” brand is a registered trademark. Any unauthorized use of the trademarks appearing on the site is strictly prohibited.


Article 10 – Personal Data

10.1 Data Processing

The company undertakes to use the data collected strictly within the framework of the operation of the site. Personal information may be communicated to technical service providers for the proper processing of orders.

10.2 Customer Rights

In accordance with the GDPR law of May 25, 2018, customers have the right to access, rectify, and delete their personal data. All requests should be sent by email to support-client@lepratique-du-motard.fr.

10.3 Cookies and marketing

The website uses cookies to track items added to the shopping cart and to send reminders by email or SMS. With their consent, customers may receive marketing offers by email or SMS.

For the smooth running of the order, the personal data collected will be subject to computer processing, the customer acknowledges being aware of this.

As such, information concerning him may be communicated to the Company's technical service providers.

Furthermore, the Company may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.

In accordance with the GDPR law of May 25, 2018, the customer has the right to access and rectify personal data concerning him/her contained in the Company's files. Any request must be sent by email to: .

This computer processing has been declared to the National Commission for Information Technology and Civil Liberties (CNIL).

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Marketing SMS (if applicable): With your permission, we may send you SMS messages about our store, new products and other updates.

 

Our website uses cookies to keep track of the items you have added to your shopping cart, including when you have abandoned your order. This information is used to determine when to send shopping cart reminder messages via SMS.

 

Article 11 – FORCE MAJEURE

In the event of the occurrence of a force majeure event, the party concerned must inform the other within 15 days of the occurrence of this event, by all means at its disposal.

Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, wars, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship.

All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three months, the contract concerned may be terminated automatically without compensation for either party.

Article 12 – DISPUTES

These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be subject to a prior attempt at amicable settlement.

In the absence of an amicable settlement, jurisdiction is granted to the competent French courts, notwithstanding multiple defendants or third-party claims.

 

Article 13 – GENERAL PROVISIONS

14.1. Partial invalidity of a clause

If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.

14.2. Update

These general conditions may be modified at any time and without notice by the Company, the applicable conditions being those in force on the date of the order by the customer.

These general terms and conditions of sale are permanently accessible at the following address: https://lepratique-du-motard.fr/pages/conditions-generales-de-vente-et-dutilisation in a computer format allowing them to be printed and/or downloaded, so that the customer can reproduce or save them.

Reproduction of applicable texts (order 2005-136 of February 17, 2005, Consumer Code, Civil Code).

Art. L. 211-4 of the Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Art. L. 211-5 of the Consumer Code

- To comply with the contract, the property must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

- Correspond to the description given by the seller and possess the qualities that the latter presented to the customer in the form of a sample or model;

- present the qualities that a customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and which the latter has accepted.

Art. L. 211-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Art. 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the customer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Art. 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

Article 14 – EXCLUSION OF LIABILITY

 

Notwithstanding anything to the contrary set out herein, the Company shall not be liable under any circumstances for any loss or damage due to improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.



Article 15 – SUSPENSION – TERMINATION OF ACCOUNT

The company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the General Terms and Conditions, or in general the applicable legal provisions, without prejudice to any damages that the company may seek.

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



Article 16 – ARCHIVING – PROOF

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

For each Order, the Order summary is sent by email to the Customer and archived on the Company's website.

The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of the communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.

 

The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

 

The Client will have access to the archived elements upon simple request to the address support-client@lepratique-du-motard.fr.



Article 17 - NULLITY AND MODIFICATION OF THE GTC

 

If any of the provisions of these T&Cs are null and void, they will be deemed unwritten, but will not result in the nullity of all contractual provisions.

 

Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these General Terms and Conditions, whatever their frequency and duration, cannot constitute a modification of the General Terms and Conditions, nor generate any right whatsoever for the Client.

 

ARTICLE 18 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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 liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our website (including the release of new tools and resources). These new features and services will also be subject to these Terms of Service.

 

ARTICLE 19 – 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 that are not affiliated with us. We do not examine or evaluate the content or accuracy of these sites, and we do not make any warranties, including without limitation, any representations or guarantees of liability with respect to any content, websites, products, services, or other materials available on or from any such sites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any such websites. We encourage you to carefully review and understand the third-party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

ARTICLE 20 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any 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, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

ARTICLE 21 – 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, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

ARTICLE 22 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate 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 may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  

ARTICLE 23 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant 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 notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-compliance.

In no case shall COMLADE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related 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 incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. as they arise. 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 24 – APPLICABLE LAW AND DISPUTE SETTLEMENT

These T&Cs are subject to French law.

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 consumer complaints 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/.