These general terms and conditions of sale apply to all sales concluded on the MYMOTO-COACHING.COM website.
The MYMOTO-COACHING.COM website is a service of:
• The company: 737 PERFORMANCE
• Located at 5 Route de la Glorandière, 85540 Saint-Vincent-sur-Graon, FRANCE
• Website URL: MYMOTO-COACHING.COM
• Email: support@mymoto-coaching.com
The customer declares that they have read and accepted the general terms and conditions of sale and the general terms and conditions of use prior to placing their order. Confirmation of the order therefore constitutes acceptance of the general terms and conditions of sale and the general terms and conditions of use.
For the purchase of MYMOTO-COACHING.COM training programs, please refer to the following specific terms and conditions of sale:
Les présentes conditions générales expriment l’intégralité des obligations des parties. En ce sens, l’acheteur est réputé les accepter sans réserve.
Les présentes conditions générales de vente s’appliquent à l’exclusion de toutes autres conditions, et notamment celles applicables pour les ventes en magasin ou au moyen d’autres circuits de distribution et de commercialisation.
Elles sont accessibles sur le site internet MYMOTO-COACHING.COM et prévaudront, le cas échéant, sur toute autre version ou tout autre document contradictoire.
Le vendeur et l’acheteur conviennent que les présentes conditions générales régissent exclusivement leur relation. Le vendeur se réserve le droit de modifier ponctuellement ses conditions générales. Elles seront applicables dès leur mise en ligne.
Si une condition de vente venait à faire défaut, elle serait considérée être régie par les usages en vigueur dans le secteur de la vente à distance dont les sociétés ont leur siège en France.
Les présentes conditions générales de vente sont valables à partir du 30 septembre 2024.
These general terms and conditions express the entirety of the parties’ obligations. As such, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels.
They are available on the MYMOTO-COACHING.COM website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online.
Should a condition of sale be missing, it will be deemed to be governed by the customs in force in the distance selling sector for companies headquartered in France.
These general terms and conditions of sale are valid from September 30, 2024.
These general terms and conditions define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer via the MYMOTO-COACHING.COM website.
These terms and conditions only apply to purchases made on the MYMOTO-COACHING.COM website and delivered exclusively to mainland France or Corsica. For any delivery to the French Overseas Territories or abroad, please send a message to the following email address: suppot@mymoto-coaching.com
These purchases concern the following products: CLOTHING AND ACCESSORIES.
The buyer acknowledges having received, prior to placing their order and concluding the contract, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code, in a legible and understandable manner.
The following information is provided to the buyer in a clear and understandable manner:
– the essential characteristics of the goods;
– the price of the goods and/or the method of calculating the price;
– if applicable, all additional transport, delivery, or postage costs and any other possible charges payable;
– in the absence of immediate performance of the contract, the date or period by which the seller undertakes to deliver the goods, regardless of their price;
– information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.
The buyer may place their order online, using the online catalog and the form provided therein, for any product, while stocks last.
The buyer will be informed of any unavailability of the product or item ordered.
For the order to be validated, the buyer must accept these general terms and conditions by clicking on the appropriate button. They must also choose the delivery address and method, and finally confirm the payment method.
The sale will be considered final:
– after the seller sends the buyer confirmation of the order acceptance by email;
– and after the seller has received payment in full.
All orders constitute acceptance of the prices and descriptions of the products available for sale. Any dispute regarding this point will be subject to a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the issue is resolved.
For any questions regarding order tracking, the buyer can call the following telephone number: 0749639209 (cost of a local call), on the following days and times: Monday to Friday, 9 a.m. to 7 p.m., or send an email to the seller at the following address: support@mymoto-coaching.com
Providing the buyer’s credit card number online and final confirmation of the order constitutes proof of the buyer’s agreement to:
– the payment of the amounts due under the order form;
– signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as they become aware of such use, to contact the seller at the following email address: support@mymoto-coaching.com
The seller provides the buyer with an order confirmation by email.
The computerized records, stored in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
The products governed by these general terms and conditions are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, the seller cannot be held liable for any errors or omissions in this presentation.
Product photographs are not contractually binding.
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is confirmed. Prices include the VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, particularly environmental taxes, are introduced or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
This is an order with payment obligation, meaning that placing the order implies payment by the buyer.
To pay for their order, the buyer may choose from all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees to the seller that they have any necessary authorizations to use the payment method chosen by them when confirming the order form. The seller reserves the right to suspend any order processing and delivery in the event of refusal of credit card payment authorization by officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being administered.
Payment of the price is made in full on the day of the order, according to the following terms: payment by credit card.
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website’s homepage, shipping times will be as indicated below, subject to availability. Shipping times begin on the order registration date indicated in the order confirmation email.
For deliveries in mainland France and Corsica, the delivery time is within 48 hours from the day following the buyer’s order placement, according to the following methods: By Colissimo. At the latest, the delivery time will be 30 business days after the conclusion of the contract.
For deliveries to the French overseas territories or other countries, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, require the seller to fulfill the order within a reasonable additional period. If the buyer fails to comply by the end of this new deadline, he or she may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or written document informing him or her of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him or her.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days following the date on which the contract was terminated.
In the event that the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.
Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the terms and within the timeframe specified above.
The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, upon request, have an invoice sent to the billing address rather than the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and timeframe indicated.
If the original packaging is damaged, torn, or open at the time of delivery, the buyer must check the condition of the items. If the package is damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).
The buyer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomalies concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.).
This verification is considered complete once the buyer, or a person authorized by them, has signed the delivery slip.
The buyer must then confirm these reservations by registered letter to the carrier no later than two business days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the website’s legal notices.
If the products need to be returned to the seller, a return request must be submitted to the seller within 14 days of delivery. Any claims made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
The buyer must notify the seller of any claim regarding delivery errors and/or non-conformity of the products, in nature or quality, with the information on the order form on the same day of delivery, or at the latest on the first business day following delivery. Any claim made after this deadline will be rejected.
Claims may be submitted by email to the following address: support@mymoto-coaching.com
Any claim not submitted in accordance with the rules defined above and within the specified timeframe will not be considered and will release the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) in question and communicate it to the buyer by email. A product can only be exchanged after the exchange number has been assigned.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via registered Colissimo, to the following address: 5 Route de la Glorandière, 85540 Saint-Vincent-sur-Graon, France.
Return shipping costs are the seller’s responsibility.
The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code.
In the event that the legal guarantee of conformity is invoked, it is recalled that:
– the buyer has a period of 2 years from delivery of the goods to take action;
– the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code;
– the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of used goods), following delivery of the goods.
In accordance with Articles 1641 et seq. of the french Civil Code, the seller is liable for any hidden defects that may affect the item sold. It is up to the buyer to prove that the defects existed at the time of sale and are such as to render the item unfit for its intended use. This warranty must be exercised within two years of discovery of the defect.
The buyer may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the french Civil Code.
In accordance with the provisions of the French Consumer Code, the buyer has 14 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs, which remain the buyer’s responsibility.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately sent to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the buyer’s intention to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded, along with the delivery costs.
Return shipping costs are the buyer’s responsibility.
The exchange (subject to availability) or refund will be made within 72 hours, and at the latest, within 14 days of the seller’s receipt of the products returned by the buyer under the conditions set out above.
Exceptions
According to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:
– for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
– for the supply of goods made to the consumer’s specifications or clearly personalized;
– the supply of goods likely to deteriorate or expire rapidly;
– the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
– the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, limited to the spare parts and work strictly necessary to respond to the emergency;
– the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
– the supply of digital content not supplied on a physical medium, the execution of which has begun after the consumer’s express prior consent and express waiver of his right of withdrawal.
Any circumstances beyond the control of the parties that prevent the normal performance of their obligations shall be considered grounds for exemption from the parties’ obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.
Force majeure shall be considered to be any irresistible, unforeseeable, unavoidable, and uncontrollable events or circumstances beyond the control of the parties, and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered to be force majeure or unforeseeable events, in addition to those usually recognized by the case law of French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
The website content remains the property of the seller, who is the sole owner of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
The personal data provided by the buyer is necessary to process their order and issue invoices.
This data may be shared with the seller’s partners responsible for fulfilling, processing, managing, and paying for orders.
The processing of information provided via the MYMOTO-COACHING.COM website has been declared to the CNIL (French Data Protection Authority).
The buyer has a permanent right of access, modification, rectification, and objection to information concerning them. This right may be exercised under the conditions and in accordance with the terms and conditions defined on the MYMOTO-COACHING.COM website.
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings shall be declared non-existent.
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g., conciliation) in the event of a dispute. The mediator’s name, contact details, and email address are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
In accordance with Article L. 616-1 of the Consumer Code, MYMOTO-COACHING.COM has appointed as consumer mediator: DEVIGNY MEDIATION – 11 Rue de l’Étang – 49220 Thorigné-d’Anjou In the event of a persistent disagreement, the dispute will be brought before the competent courts under the conditions of common law.
These general terms and conditions are subject to the application of French law. The competent court is the judicial court.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer should first contact the seller to seek an amicable solution.
The personal data collected on this website are as follows:
– Account opening: When creating a user account, the user’s last name, first name, email address, telephone number, and postal address are collected.
– Login: When the user logs into the website, the website records, among other things, their last name, first name, login, usage, location, and payment data.
– Profile: When using the services provided on the website, a profile can be created, which may include an address and telephone number.
– Payment: When paying for products and services offered on the website, the website records financial data relating to the user’s bank account or credit card.
– Communication: When the website is used to communicate with other members, data relating to user communications is temporarily stored.
– cookies: cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings.
The personal data collected from users is intended to provide and improve the website’s services and maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the website’s operation and optimization;
– organization of the terms of use of the Payment Services;
– verification, identification, and authentication of data transmitted by the user;
– offering the user the ability to communicate with other users of the website;
– implementation of user support;
– personalization of services by displaying advertisements based on the user’s browsing history and preferences;
– prevention and detection of fraud, malware (malicious software), and management of security incidents;
– management of potential disputes with users;
– sending commercial and advertising information, based on user preferences.
Personal data may be shared with third-party companies in the following cases:
– when the user uses payment services, the website interacts with third-party banking and financial companies with which it has entered into contracts to implement these services;
– when the user posts publicly accessible information in the website’s open comment areas;
– when the user authorizes a third-party website to access their data;
– when the website uses the services of service providers to provide user support, advertising, and payment services. These service providers have limited access to user data for the purpose of providing these services and are contractually obligated to use it in compliance with the provisions of applicable regulations regarding the protection of personal data;
– If required by law, the website may transfer data to respond to claims filed against the website and comply with administrative and judicial proceedings;
– If the website is involved in a merger, acquisition, asset transfer, or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.
The website 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 website cannot guarantee the security of the transmission or storage of information over the internet.
Exercise of User Rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: support@mymoto-coaching.com
The right of access: they may exercise their right of access to know their personal data. In this case, before exercising this right, the website may request proof of the user’s identity to verify its accuracy.
The right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
The right to data erasure: Users may request the erasure of their personal data, in accordance with applicable data protection laws.
The right to restriction of processing: Users may request the website to restrict the processing of their personal data in accordance with the GDPR.
The right to object to data processing: Users may object to the processing of their data in accordance with the GDPR.
The right to data portability: Users may request that the website provide them with the personal data they have provided to transmit it to a new website.
The Website reserves the right to make any changes to this Personal Data Protection Clause at any time. If a change is made to this Personal Data Protection Clause, the Website undertakes to publish the new version on its website. The Website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new version of the Personal Data Protection Clause, they have the option to delete their account.
(to be completed by the consumer, and sent by registered letter with acknowledgment of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)
Article L. 217-4: “The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when the seller is responsible for this under the contract or when it is responsible for it.”
Article L. 217-5: “The good conforms to the contract:
1° If it is fit for the use normally expected of a similar good and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
– if it possesses the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it possesses the characteristics mutually agreed upon by the parties or is fit for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”
Article L. 217-6: “The seller is not bound by the public statements of the producer or their representative if it is established that the seller was not aware of them and was not legitimately in a position to be aware of them.”
Article L. 217-7: “Lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.”
Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, they may not contest conformity by invoking a defect that they knew about or could not have been unaware of when they entered into the contract. The same applies when the defect originates from the materials they themselves supplied.”
Article L. 217-9: “In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the extent of the defect. The seller is then required to proceed, unless this is impossible, according to the option not chosen by the buyer.”
Article L. 217-10: “If repair or replacement of the goods is impossible, the buyer may return the goods and receive a refund of the price, or keep the goods and receive a partial refund. The same option is available to the buyer: 1° If the solution requested, proposed, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, given the nature of the goods and the intended use. However, the sale may not be cancelled if the lack of conformity is minor.”
Article L. 217-11: The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12: “Actions resulting from a lack of conformity are subject to a limitation period of two years from delivery of the goods.”
Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to bring an action resulting from latent defects as defined in Articles 1641 to 1649 of the Civil Code, or any other action of a contractual or extra-contractual nature granted to him by law.”
Article L. 217-14: “A recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.
Article L. 217-15: “A commercial warranty is any contractual commitment made by a professional to the consumer for the purpose of refunding the purchase price, replacing or repairing the property, or providing any other service related to the property, in addition to its legal obligations to ensure the conformity of the property.
The commercial warranty is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, duration, territorial scope, and the name and address of the guarantor.
Furthermore, it clearly and precisely states that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 21
For any questions or information about the products presented on the site, or regarding the site itself, you can leave a message at the following address: support@mymoto-coaching.com
This legal notice and privacy policy were created on the Rocket Lawyer website and then translated into English using Google Translate.
