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GENERAL SALES CONDITIONS (CGV)

The Seller of the “MOTO PARTS” and “MOTO ACCESSORIES” products is MOTO SUD 34, a limited liability company (SARL), registered with the Montpellier Trade and Companies Register under number 403 512 809, whose registered office is located at 199 RUE ETIENNE LENOIR – 34130 MAUGUIO – France. It is hereinafter referred to as the "Seller" for the purposes of this contract.

The Publisher (hereinafter referred to in Article XII) owns the Europe Moto website (www.europe-moto.com), as well as the URL “europe-moto.com” (including the sub -domains of this URL)), hereinafter referred to as "the Site".

Purpose and scope

The Seller markets motorcycle parts and accessories on the Site for consumer or professional customers (hereinafter referred to as the "Buyer").

It should be noted that the consumer is defined as any natural person who acts for purposes that do not fall within the scope of his professional activity. The latter is subject to the special provisions of the Consumer Code that may be mentioned herein.

On the other hand, these special provisions do not apply to the Professional, i.e. any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agriculture, including when acting in the name or on behalf of another professional.

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to any order placed (hereinafter the “Order”) by any Buyer on the Site with the Seller.

The GCS applicable to any Order are those in force on the day of the final validation of the Order by the Buyer. Any placing of an Order requires the acceptance, without reservation by the Buyer, and its full and complete adherence to these GCS, which prevail over any other document.

These Terms and Conditions may, if necessary, be supplemented by the conditions of any partner (Seller or other), in particular concerning delivery times and costs, as well as the return conditions which may vary depending on the type of item ordered, any additional guarantees granted by the Seller to the Buyer, in particular with regard to his status (Consumer / Professional).

I - CONCLUSION OF THE SALE CONTRACT BETWEEN THE BUYER AND THE SELLER



A – Registration on the Site and management of identifiers

Any registration on the Site is necessary for any user wishing to place any Order (hereinafter "the User"). The User must select the status applicable to him (Professional customer or consumer/individual customer) before creating an account or order.

When creating the account, personal information must be accurate, verifiable, complete and up-to-date and a personal and valid email address must be provided. Any account created on the Site by any User is strictly personal to him. The User therefore undertakes:

Not to give access to his Account to a third party, even temporarily, to give him access to the Order Service. Any loan, sharing, exchange, donation, purchase, transfer or sale of an Account will not be binding on the Seller;

Not to hide their identity or use that of another person to be able to create an account; Not to disclose his username and password and to take all necessary measures to ensure their confidentiality;

Any use of the Order Service made through the User ID will be deemed to have been made by the User. The latter therefore renounces to seek the responsibility of the Seller or the Publisher for any use of his User Account by any Third Party, including in the event of fraudulent capture of his Identifier by any means whatsoever.

The Order Service is reserved for adults. The User hereby declares to be a legal person or a natural person over the age of eighteen (18) or to have reached the age of majority in his country of residence. The User also acknowledges having the skills and material means necessary to be able to use the Account. The User agrees to comply with the terms of these T&Cs. Any Use of the Account that does not comply with the T&Cs is prohibited.

The User may at any time modify all the information and Personal Data concerning him, as well as any element of his Identifier. In the event of modification of this information by a Third Party having obtained the User ID, this cannot engage the responsibility of the Seller or the Publisher. In the event of forgetting his Username and/or password, the User has the possibility of modifying them by respecting the procedure put in place by the Publisher. The User undertakes to inform the Seller and the Publisher in the event of loss of theft, forgetfulness or in the event of suspicion of loss or theft of his username and / or password. He also undertakes to inform the Seller and the Publisher without delay after discovery of any unauthorized use, by a third party, of his Account. In the event of impossibility of access to his account, the User undertakes to inform the Publisher as soon as possible at the following address contact@europe-moto.com.

The Publisher reserves the right, where applicable, to implement any procedure for verifying the User's identity, in particular requesting any document making it possible to ensure that the request to reset his access is indeed requested by the User (identity document, proof of address, sending a code to the e-mail address, or to their mobile phone number, K-bis for professionals, etc.). The User undertakes to respect the procedure put in place to obtain the reset of his Username and/or Password.

In the event that the Seller or the Publisher notices an abnormal activity of a User on the Site, in particular any activity of a professional nature presenting itself as a consumer Buyer or any other activity likely to contravene any applicable regulations or the rights of third parties in any capacity whatsoever, the Publisher reserves the right to suspend and/or close the account(s) of the User(s) concerned. In this case, the User receives an information e-mail from the Publisher informing him of the closure of his User account. The User may, if necessary, challenge the closure of his account by providing proof of the legality of his status and of the activities carried out through the Site. The Publisher and the Seller reserve the right, where applicable, to request any documentary evidence enabling it to ascertain the identity of the User concerned and the destination of the Products ordered.



B – Products offered for sale

The products available for sale are presented by the Seller under his responsibility, detailing the essential characteristics of the Product, its price, the date or the deadline within which the Seller undertakes to deliver the Product, the identity and contact details of the Seller , and any other mandatory information provided for by law.

II - ORDER PROCESS

Any Order must be linked to a Customer Account which must be created if the User wishes to order for the first time on the Site.

The provisions of Articles L221-1 and following of the Consumer Code relating to Contracts concluded at a distance are applicable to any Order placed on the Site by a Buyer benefiting from consumer protection.

All Orders placed on the Site proceed as follows:

1. The items are presented on the Site by the Seller in such a way that the Buyer is able to know the precise characteristics of the product;

2. The Buyer selects the item(s) and puts them in his basket;

3. The Buyer checks in detail everything that is in his basket (characteristics and quantities of the Products);

4. The Buyer connects to his customer account or creates it if he places the order for the first time on the Site;

5. The Buyer accepts these T&Cs as well as, where applicable, the terms of use of the Site;

6. The Buyer undertakes to respect the contract when he clicks on the pay button;

7. The Buyer receives an Order confirmation email with a summary and an order number;

8. When the payment is validated, the Seller receives the order from the Buyer;

9. The Seller undertakes to confirm the Buyer's Order within 1 working day;

10. Once the Order has been processed by the Seller, the Buyer receives a processing confirmation email. ;

11. Once the Order has been dispatched, the Seller sends a dispatch confirmation email;

12. Once the Order has been dispatched, the Seller sends the invoice by e-mail to the Buyer;

The Buyer is solely responsible for the quality and accuracy of the information communicated when entering his Order (Name, Surname, Delivery address, number and e-mail, as well as the billing address) . He therefore undertakes to verify, before validating each Order, the accuracy of all information relating to his identity, the details of his order and information relating to delivery.

All items on the Site are offered within the limits of available stocks. In the event of exceptional unavailability of one or more items ordered by the Buyer from the Seller, the Seller will inform the Buyer using the contact details indicated when creating the customer account. If no solution is found between the Seller and the Buyer, the order will be canceled and the full amount of the Order will be refunded to the Buyer.

The distance order contract will only be formed when the Order has been validated by the Seller and paid in full by the Buyer, this price including the total price of the items, the shipping costs, as well as all applicable taxes.

In any case, the Seller remains the exclusive owner of any product ordered, until full payment by the Buyer.

III - PRICES AND PAYMENT

The prices of the products sold are those in force on the day the Order is taken.

The prices are without reductions or discounts and none will be granted, in particular in the event of advance payment.

EU Zone Rates: All prices indicated on the Site are indicated in Euros including VAT (all taxes included)

Professional Prices France: All the prices indicated on the Site are indicated in Euros including VAT, the Order summarizes the details of the price excluding and including VAT. The payment of the price of the Order for the status of French Professional Buyer is made All taxes included (TTC).

EU Zone Professional Prices: All the prices indicated on the Site are indicated in Euros including VAT but the price of the Order for the status of Professional Buyer EU Zone (outside France) is HT (excluding taxes) and the Professional Buyer receives an invoice HT.

Rates outside the European Union (EU) Zone: If the Buyer chooses a country that is not part of the EU zone, then all the prices indicated are exclusive of tax and do not take into account any customs fees and taxes that may be invoiced to him during of the delivery of the product by the authorities of the country of destination.

It is also specified that the Buyer can choose the currency of payment for his Order: dollars, euros, pounds sterling; The exchange rate as well as the costs associated with the change of currency will be added to the initial price of the Order.

The payment methods are as follows:

- Bank card (Visa, Mastercard, Maestro, AMEX etc.)

- Bank Transfer

- PayPal

- Alma (payment in 3X)

When the Buyer wishes to pay for his Order by bank transfer: he indicates this method of payment in the choice presented to him. When he validates the Order, the Seller's IBAN is communicated to him with his Order reference. The Buyer must imperatively take this order reference for the consideration of his transfer upon receipt. At the end of the validation of the order, it changes to status "waiting for bank transfer" until actual receipt of payment. The Seller cannot be held liable vis-à-vis the Buyer if a failure occurs in the payment process which would be the responsibility of a Payment Service Provider (hereinafter the “PSP”). The Buyer undertakes, if necessary, to contact the PSP through which he carried out his transaction, to settle any dispute related to a failure in the payment of his Order. This is particularly the case when the Buyer goes through a PSP with which he has contracted a Payment Service, with or without staggered payment.

Any late payment will result in the application of late payment penalties of an amount equal to three times the legal interest rate (if this penalty is greater than 15%), as well as a lump sum indemnity of forty (40) euros for the collection costs incurred, in accordance with article D.441-5 of the French Commercial Code.

The payment of late payment penalties begins on the first day following the end of the payment period and ends on the day of actual payment by the Buyer.

In the event of an Order from a Professional Buyer, an invoice will be published systematically and directly at the time of placing the Order, with details of the VAT if applicable.

IV – WITHDRAWAL

When opening any packaging related to an Order, the Buyer must take care not to damage the packaging, so as to be able, in the event of exercise of the Right of Withdrawal, to return the goods in their original packaging and in any case, in a state allowing the Seller to put the property back on sale.

Pursuant to Articles L. 221-18 and following of the Consumer Code, the Consumer Buyer has a withdrawal period of fourteen (14) calendar days to exercise his right of withdrawal. The 14-day period starts from the day after receipt of the Product concerned. The return is admissible, without the Consumer Buyer having to justify reasons or pay penalties. Only the return costs will remain the responsibility of the Buyer. If the package cannot be returned by the postal services due to its nature, the Seller will communicate the transport price to it beforehand.

The Consumer Buyer exercises his right of withdrawal by informing the Seller of his decision to withdraw by sending, before the expiry of the 14-day period mentioned below: to do this, the Buyer must connect to his customer area. , and request a return by clicking on the dedicated tab. This request is automatically accepted if the 14-day period is not exceeded.

The Consumer Buyer must respect all the return instructions formulated by the Seller, so that the Product is returned under conditions guaranteeing transport without risk of deterioration and with all the accessories inseparable from the Product.

The Consumer Buyer returns or returns the Product(s) to the Seller or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.

It is expressly provided that the Buyer bears the direct costs of returning the Products, to the exclusion of any other.

The Products must be returned in new condition, unworn or used and in their original packaging or at least in equivalent protection to protect the item against any deterioration when it is returned to the Seller.

In accordance with article L 221-23 of the Consumer Code, the Seller may engage the responsibility of the Consumer Buyer in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning. of these Products.

Provided that the Consumer Buyer has complied with all of the legal provisions applicable to Withdrawal, the Seller shall reimburse him for all of the sums paid when ordering the item concerned, excluding shipping costs, no later than fourteen days from from the date on which he is informed of the Consumer Buyer's decision to withdraw.

The Seller may however, with regard to the delivery of Products, defer reimbursement until the Product concerned is recovered or until the Consumer Buyer has provided proof of shipment of the Product(s). concerned. The date used is that of the first of these facts.

The Seller makes the refund using the same means of payment as that used by the Consumer Buyer for the initial transaction, unless the Consumer Buyer expressly agrees to proceed with a refund by any other means and insofar as this alternative means does not generate additional costs for him.

The Buyer bears the direct costs of returning the Product (postal/transport costs).

In the event that the Product cannot be returned normally by post due to its nature, the Seller will recover the Product at its own expense.

The Seller is not required to reimburse the additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller. (Article L221-24 consumer code).

Insofar as the Consumer Buyer has returned the Product(s) under the conditions provided for herein and more generally by the Law, it is specified that the exercise of the right of withdrawal puts an end to the obligation of the parties to perform the distance contract and any ancillary contract.

The Consumer Buyer is informed that under the terms of Article L221-28 of the Consumer Code, the right of withdrawal does not apply in particular in the context of:

supply of goods made/customized to consumer specifications;

The supply of goods likely to deteriorate or expire rapidly;

The supply of goods which have been unsealed by the Consumer Buyer after delivery and which cannot be returned for reasons of hygiene or health protection;

The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;

Pursuant to Article L221-3 of the Consumer Code, a Professional Buyer may avail himself of the provisions relating to the right of withdrawal if he meets the following conditions:

the subject of the Order does not fall within the scope of the professional Buyer's main activity;

the contract is concluded outside the establishment;

the number of employees employed by the Professional Purchaser is less than or equal to five.

In any event, the admissibility of a Professional Buyer's right of withdrawal will be assessed by the Seller with regard to the Law applicable on the day of the Order, in the event that the aforementioned conditions change.

V – SHIPPING & DELIVERY

Once the order has been placed, the Buyer can follow the progress of his order at any time in his account under "my orders" and will also receive an e-mail at each stage.

The parcels are sent according to the choice that the Buyer will have made when taking the order, by the partners DPD, Spring, DHL, Chronopost, UPS and Colissimo against signature or at a relay point. The Buyer will receive an e-mail when his order is dispatched, with the tracking number and the link to the website so that he can follow the progress of the delivery of his package. This information will also be visible on his account.

A. Delivery costs

Delivery rates depend on the size and weight of the items ordered as well as the geographical area in which the Buyer is located. Delivery rates are calculated automatically based on the weight and size of the package as well as the address and delivery method. The final price will be indicated during the ordering process according to all these parameters.

B. Customs fees and import taxes (outside the EU zone)

The Seller also ships its products internationally (outside the EU zone). As a result, customs fees and import taxes may be charged to the Buyer by the authorities of the Country of destination, depending on the rule concerning imports of goods from the country in question. The Seller cannot be held responsible for the amount requested upon delivery of the product. The Buyer must therefore first find out about any costs and taxes (and possible deductibles) on imports related to the purchase of products from the EU zone to his country and according to his status. (Consumer / Professional).

It should also be noted that if the Buyer wishes to return one or more products and it is located outside the EU zone, customs fees and import taxes could be invoiced to the Seller and will be deducted from the amount of the refund ( excluding VAT) of the returned Product(s).

C.Delivery time

Once the Order has been placed on the Site and validated by the Seller, the products are shipped by the Seller.

Delivery times are specified during the Order process, depending on the Products, as well as the address, chosen by the Buyer before the validation of his Order.

If the Buyer has ordered items with different delivery times, the Seller will ship all the items together, unless it has been agreed with him to send them separately. The delivery time will in this case be determined by the item with the longest delivery time.

These delivery times are indicated as exactly as possible but are only "estimated" times, based on average delivery times. Thus the Seller cannot be able to firmly commit to their respect and cannot therefore be responsible in the event of late delivery, except for fraud or gross negligence established.

D. Parcel tracking

When the Seller has delivered any parcel to the carrier, the Buyer will receive the tracking number of the parcel by e-mail, as well as in his Customer area in the "my orders" section. As a result, the Buyer will be able to easily follow the progress of his package to his destination at his home or at a relay point.

For any further information, the Buyer may contact the Site's after-sales service at +33(0)974352160 and at the following email: contact@europe-moto.com

E. Receipt of products

Upon receipt of the products, the Buyer must ensure that the packaging has not been damaged during transport. In the event of damaged packaging, the Buyer must refuse delivery and make reservations in writing to the deliverer. He immediately informs the Seller.

VI – GUARANTEES

The Buyer benefits from the applicable legal guarantees, depending on his status as a consumer Buyer or a professional Buyer.

The Seller may offer additional warranties such as “manufacturer warranties”. Where applicable, the additional warranty is mentioned in the Seller's offer on the Site.

In the event of an order by a professional Buyer, the guarantees are subject to specific conditions, detailed below.

The Seller is bound to the consumer Buyer by the legal guarantee of conformity (articles L.217-4 and following of the Consumer Code) and in any event, by the guarantee against hidden defects (articles 1641 and following of the civil).

A – Legal guarantee of conformity for the benefit of the consumer Buyer:

The Seller delivers to the Buyer goods that comply with the offer detailed in the Order.

It responds to defects of conformity existing at the time of delivery of the Product, which appear within a period of two years from this.

Within the meaning of the Law applicable to the guarantee of conformity, the Seller guarantees that the Product:

corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

is suitable for any special use sought by the Buyer, provided that this special use is brought to the attention of the Seller at the latest at the time of validation of the Order, and that the Seller has expressly accepted;

is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

if applicable, is updated in accordance with the contract.

The defects of conformity which appear within a period of twenty-four months from the delivery of the Product, including the Product comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the Product or the defect invoked.

In the event that a Product ordered is sold second-hand, the legal period of the guarantee of conformity is reduced to twelve months.

In the event that a lack of conformity is found within the legal period, the Buyer is entitled to have the Product brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, in the conditions provided for by law.

The Buyer must therefore, if necessary, ask the Seller to bring the Product into conformity, by choosing between repair and replacement. To this end, the Buyer makes the Product available to the Seller.

The Seller will ensure the conformity of the Product within a reasonable period of time within the limit of thirty days following the Buyer's request.

The Seller will be responsible for the removal and recovery of the Product concerned and the installation of the repaired Product or the delivery of the replacement Product.

In accordance with the applicable legal provisions, the Seller may not proceed according to the choice made by the Buyer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:

1° The value that the Product would have had there been no lack of conformity;

2° The importance of the lack of conformity; And,

3° The possible possibility of opting for the other choice without major inconvenience for the Buyer.



The Seller may refuse to bring the Product into conformity if this is impossible or entails disproportionate costs, in particular with regard to the hypotheses referred to in 1° and 2° above.

Any refusal by the Seller to proceed according to the Buyer's choice or to bring the Product into conformity, is justified in writing or on a durable medium.

It is specified that any Product repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months.

As soon as the Purchaser makes the choice of the repair but that this one is not implemented by the Seller, the bringing into conformity by the replacement of the Product makes run, for the benefit of the Purchaser, a new period legal guarantee of conformity attached to the replaced Product. This provision applies from the day the replacement Product is delivered to the Buyer.

In the event that the Buyer requests a price reduction or the termination of the contract, the provisions of articles L217-15 and following of the Consumer Code will apply between the parties.

B – Legal guarantee against hidden defects

In accordance with the applicable Law, the Seller guarantees the Buyer against hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it. , or would have paid less, if he had known them.

The Buyer's attention is drawn to the fact that for this guarantee to be implemented, the defect must:

be hidden, that is to say not apparent at the time of purchase;

render the property unusable or greatly reduce its use;

exist at the time of purchase.

If these conditions are met, the Buyer must inform the Seller of the implementation of this guarantee within a maximum period of 2 years from the discovery of the hidden defect, by registered letter with acknowledgment of receipt. This letter should be sent to the Seller at the following address: Rue de la font de la banquière 34970 Lattes, France. The Buyer must provide the delivery note or invoice for the Product concerned and provide proof by any means of the existence of the hidden defect. With the Seller's agreement, the parties may agree on a joint expertise, the costs of which will be shared. If necessary, the expert will be chosen from the list of legal experts approved by the courts.

In the event that the hidden defect is proven, the Buyer may choose to request the retention of the product with a reduction in price or return the Product to the Seller against reimbursement of the price and costs related to the sale.

C - Limits

Any warranty is excluded in the event of damage or deterioration resulting from:

—misuse, negligence, lack of supervision or maintenance on your part,

—normal wear and tear or force majeure,

—abnormal use,

—the responsibility or the intervention of a third party,

— intentional or fraudulent misconduct,

—external events: fire, explosion, water damage, lightning, storm, electrical surge, etc.

This list is not exhaustive.

VII - RESPONSIBILITIES

The Seller is bound in the technical process of distance selling, by an obligation of means. Its responsibility cannot be engaged for any damage suffered by the User / Buyer resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.

VIII - INTELLECTUAL PROPERTY

All elements of the Site are and remain the exclusive intellectual property of the Publisher, excluding any brand or other creation belonging to any other rightful claimant.

The images and texts published on this site are the exclusive property of the Publisher or are provided by the Seller with its authorization for the purpose of presenting its products for sale on the Site and may under no circumstances be downloaded, distributed, stored. , recorded, reused, retransmitted, modified and more generally used for other purposes or in a manner other than those expressly mentioned herein, without the prior written authorization of the Site Editor.

The law sanctions any reproduction, representation or distribution, by any means whatsoever, of an intellectual work (photographs, drawings, illustrations, texts, databases, logos, etc.) in violation of copyright, as they are defined and regulated by law (Intellectual Property Code, art L.335-3).

Any use of the trademarks and distinctive signs present on the site are also prohibited in application of article L713-2 of the intellectual property code).

No Order shall be construed as transferring any intellectual property right for the benefit of any Buyer, for any reason whatsoever.

The Publisher therefore reserves the right to oppose, stop or seek compensation for any use that it deems unfair, constituting an act of commercial parasitism, or contrary to its image.

IX - PERSONAL DATA

It is specified to the Buyer that the provisions of the Publisher's "Confidentiality and Personal Data Protection Policy" are applicable to the processing of all Personal Data, in particular in the context of use by the Buyer. of its Customer Space and the placing of an Order on the Site with the Seller.

In general, it is recalled that the Publisher collects personal data from any User when creating his account.

When creating his account, the User consents to the collection and processing of his personal data for the performance of any contract entered into with any Seller in the context of any Order. The Publisher and the Seller are authorized to communicate the Personal Data necessary for the delivery of any Order to any third party in charge of the delivery.

The processing conditions are detailed in the “Privacy and Personal Data Protection Policy”.

In accordance with the Data Protection Act, you have a right of access, rectification, right of opposition, right to limit processing, right to data portability, right not to be subject to an automated individual decision and, subject to the legal provisions applicable to the matter, the deletion of data concerning you. All requests must be sent to the following address: contact@europe-moto.com

Any processing for a purpose other than the processing, sending and delivery of any Order will be subject to the express and prior authorization of the User.

In the event that a User wishes to contact the Seller, without having created an account beforehand, the information provided during a request sent from the contact form is transmitted to the Seller so that he can respond to the request. .

Complete information on the protection of personal data can be found in the "Privacy and Personal Data Protection Policy" section, accessible via the following link: Privacy Policy

X - PROCESSING OF COMPLAINTS

It is recalled here that the Consumer Buyer has the right, under the applicable law, to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional.

Regarding the amicable settlement of disputes, the Site adheres to the e-commerce mediator service of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – https ://www.mediateurfevad.fr.

The consumer user can use the mediation service for consumer disputes related to an Order whose settlement has not been successful. In accordance with the rules applicable to mediation, any consumer dispute must be entrusted in writing beforehand. To find out how to refer to the Mediator:

  https://www.mediateurfevad.fr/index.php/espace-consommateur/

It is recalled that Article L612-2 of the Consumer Code excludes the possibility of examination of a dispute by the consumer mediator when:

1° The consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by a written complaint according to the methods provided for, where applicable, in the contract;

2° The request is manifestly unfounded or abusive;

3° The dispute has been previously examined or is being examined by another mediator or by a court;

4° The consumer has submitted his request to the mediator within a period of more than one year from his written complaint to the professional;

5° The dispute does not fall within its field of competence.

The consumer is informed by the mediator, within three weeks of receipt of his file, of the rejection of his request for mediation.

It is also specified that for all national and cross-border consumer disputes, and in accordance with the European regulation of May 21, 2013 on the extrajudicial settlement of disputes, the Buyer/User may contact the online dispute resolution platform of the European Commission :

  https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

In the event of a dispute between professionals, the parties undertake, prior to any referral to the judge, to find an amicable solution to the dispute. After a period of 30 days without reaching an amicable agreement, the competent court may be seized.

XI - NULLITY

In the event that any of the stipulations of these T&Cs are considered illegal or unenforceable by a court decision, the other stipulations will remain in force.

XII - APPLICABLE LAW AND JURISDICTIONAL COMPETENCE

These T&Cs are governed and interpreted by French law.

Only the French language version of the contractual documents will be enforceable against the parties and will prevail in the event of a dispute. Translated versions are provided for informational purposes only.

Any dispute that may arise from any implementation of the present will be submitted to the French courts, territorially competent depending on the context.

In the event that you act as a professional, the territorially competent Court will be the Commercial Court of Montpellier.

XII - DETAILED INFORMATION: VENDORS - PUBLISHER - HOST

Below are the detailed contact details, respectively of the Publisher, the Seller of the products covered by these general conditions of sale, and the Host of the “europe-moto.com” site.

Seller: MOTO SUD 34, SARL registered with the RCS under number 403512809 and whose head office is located at 199 RUE ETIENNE LENOIR 34130 MAUGUIO

Publisher: EUROPE MOTO, SASU registered with the RCS under number 850957168, and located P.A Rue de la Font de la banquière 34970 Lattes.

Host: OVH: company registered with the Lille RCS under number 537 407 926 located at 2, rue Kellermann, 59100 Roubaix.

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