Effective October 3, 2022

PREAMBLE

CYKL Bicycles
Manager: Antoine Delmur
Commercial register: 911 820 587 00010
Intra-community VAT number: FR81911820587
Tel.: 0695721698

The Products are offered for sale exclusively to buyers (hereinafter “Buyers”) who have the status of consumer and are located in the following geographical area: mainland France, Corsica and Belgium.

Delivery is not guaranteed for the following destinations: DOM-TOM and Monaco

The Buyer, prior to placing an order, declares:

• That the purchase of products on www.cykl.store (hereinafter “the Site”) is not directly related to its professional activity, and that it is limited to strictly non-professional use;
• Have full legal capacity allowing him to commit to these general conditions of sale.

ARTICLE 1 - PURPOSE

These conditions of sale define the relationship between CYKL Bicycles and the Buyer, as well as the conditions applicable to any purchase made on the Site, whether the Buyer is a legal entity or a natural person.

These general conditions of sale shall prevail over any other general or specific conditions not expressly agreed to by CYKL Bicycles

CYKL Bicycles reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the buyer's order.

ARTICLE 2 - PRODUCTS and SERVICES

2.1 Product Ranges

Parts and accessories: this refers to all products such as parts and accessories, available under the “Parts and accessories” tab of the Site

Ready to ride: this refers to all products such as bicycles assembled and ready to use, available under the “Ready to ride” tab of the Site

Personalized: this refers to all the products that the Buyer can personalize from the parts and accessories and/or the proposals made on the Site, available under the “Personalized” tab of the Site

Custom-made: this refers to all the products that the Buyer can personalize from the parts and accessories and/or the proposals made on the Site, available under the “Custom-made” tab of the Site.

2.2 Characteristics and availability of the Products

The Buyer must familiarize himself with the Products and their characteristics. He chooses his Products, under his sole responsibility, according to his needs.

In particular, CYKL cannot be held liable in the event of incompatibility between the Products ordered and the products used by the Buyer, the latter being, in fact, the only person able to judge the compatibility of the Products ordered with those that he already uses.

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an order, find out on the Site the essential characteristics of the Product(s) that he/she wishes to order.

Validation of the order guarantees the immediate availability of the Product for delivery under the conditions of the DELIVERY article of the T&Cs.

In the event of unavailability of a Product, the Buyer will be informed before the order is shipped.

ARTICLE 3 – PRICE and PAYMENT TERMS

3.1 – Applicable price

The prices appearing on the Site are inclusive of all taxes in Euros (EUR) taking into account the VAT (value added tax) applicable on the day of the order; any change in the rate may be reflected in the price of the Products or Services.

CYKL reserves the right to modify its prices at any time and without notice. This modification will be notified to the Buyer before any final order.

The prices indicated include order processing costs, but do not include any delivery costs (indicated elsewhere), provided that they take place in the geographical areas provided for below,

In any event, the price indicated in the order confirmation is the final price.

3.2 – Payment terms

The price is payable in cash, in full on the day the order is placed by the Buyer. Any incomplete payment not corresponding to the amount of the purchase will result in the cancellation of the order.

You can view the available payment methods by clicking on the following link: www.cykl.store/payments

The full amount of the order will be collected by CYKL at the time of dispatch of the order, with the exception of orders placed "cash on delivery", i.e. by direct payment to the carrier on the date of delivery of the Products.

For orders paid by bank transfer, the order will be automatically cancelled if payment is not received within four (4) days of the order being recorded.

In the event of a purchase by credit card, the Buyer's account is debited on the day of the transaction.

The Buyer guarantees to CYKL that he has the necessary authorizations to use the payment method he has chosen when registering the order form.

CYKL reserves the right to suspend or cancel the order and/or delivery in progress. Regardless of its nature and level of execution, in the event of non-payment of the amount due by the Buyer, or in the event of a payment incident.

In the event of suspected fraud, CYKL reserves the right to request any proof of identity from the Buyer, to carry out any appropriate verification and/or to have payment made by transfer, making execution of the order subject to the satisfaction of these conditions.

ARTICLE 4 – DELIVERY AND RECEIPT

4.1 General rules

The Products will be delivered to the address indicated by the Buyer when ordering.

The Buyer can be delivered to their home or to a relay point network.

 

4.2. Delivery times

Delivery times depend on the choice of transport method made by the Buyer when ordering.

You can check the delivery times applicable to your order by consulting the page dedicated to delivery methods and costs accessible by clicking here www.CYKL.fr/static/livraison.html.

CYKL undertakes to respect the delivery times indicated, in accordance with article L. 216-1 of the Consumer Code.

In accordance with Article L.216-2 of the Consumer Code, in the event of CYKL failing to fulfil its obligation to deliver the goods on the date or at the end of the period provided for in the first paragraph of Article L. 216-1 or, failing that, at the latest thirty days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered CYKL, in the same manner, to make delivery within a reasonable additional period, the latter has not complied within this period.

The contract is considered terminated upon receipt by CYKL of the letter or document informing it of this termination, unless CYKL has performed in the meantime.

The consumer may immediately terminate the contract when CYKL refuses to deliver the goods or when it does not fulfill its obligation to deliver the goods on the date or at the expiry of the period provided for in the first paragraph of Article L. 216-1 and that this date or period constitutes an essential condition of the contract for the consumer.

This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.

 

4.3. Reception

If the package arrives damaged, open, or soiled, the Buyer is advised to refuse it and indicate the reasons for refusal on the delivery slip. It is also necessary to report the incident to CYKL as soon as possible by contacting Customer Service.

 

ARTICLE 5 – RIGHT OF WITHDRAWAL

5.1 WITHDRAWAL PERIOD – Limited for PERSONALIZED AND CUSTOM-MADE products

Pursuant to Article L.221-28 of the Consumer Code, you have a period of fourteen (14) days from receipt of the product(s) to exercise your right of withdrawal without having to provide a reason for your decision.

Any product that is incomplete or damaged following handling other than that necessary to establish its nature, characteristics and proper functioning will not be refunded.

CYKL Bicycles will reimburse you for all sums paid, including delivery costs, no later than fourteen (14) days from the date on which you received the Product(s) sent via the payment method used when placing the order, unless you agree to use another payment method.

However, in accordance with article L.221-28 of the consumer code, the right of withdrawal cannot be exercised for:

 

• The supply of goods made to the consumer's specifications or clearly personalized, such as Products in the CUSTOMIZED and PERSONALIZED category,
• The supply of goods likely to deteriorate or expire rapidly, such as, but not limited to, carbon components, which are fragile in nature. Thus, carbon handlebars and forks cannot be returned once mounted and ridden;
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Therefore, the Buyer is particularly informed that no returns on the basis of L.221-28 of the Consumer Code may be made on PERSONALIZED AND CUSTOM-MADE Products, as described above.

5.2 Reimbursement period and terms

Exercising the right of withdrawal will result in a refund made by the means used by the Buyer when paying for the order, with the exception of “cash on delivery” payments which will be subject to a refund by bank transfer once the Buyer has provided CYKL with their bank details (IBAN and BIC).

The refund will be made no later than fourteen (14) days from the date on which CYKL was informed of the Buyer's decision to withdraw.

 

ARTICLE 6 - WARRANTY

6.1 LEGAL GUARANTEE

Articles 217-4 to 217-7 of the Consumer Code: 2 years.

When implementing the legal guarantee of conformity, the Buyer:

• the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
• The product under warranty will be, at the manufacturer's discretion, exchanged or repaired.
• The Buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
• Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the goods, accident or force majeure and CYKL's warranty is limited to the replacement or reimbursement of non-compliant or defective products.

In any event, the guarantees do not cover:

• replacement of consumables,
• abnormal and non-compliant use of the products,
• damages specifically mentioned in the product sheets,
• defects and their consequences due to the intervention of the Buyer or a third party, such as defects resulting from materials that you have supplied or added. (For example, if you put a non-compliant battery in your GPS).
• defects and their consequences linked to use not in accordance with the use for which the product is intended (professional use, collective use, etc.)
• if you could not have been unaware of the defect at the time of purchase. (For example, if the seller informed you about it).

In this regard, the Buyer is invited to consult the Warranty sheet in Appendix 1, detailing in particular the cases of exclusion by type of product.

6.2 Manufacturer's warranties

The extent of manufacturer warranties varies depending on the Products and brands concerned and are available on the product sheets on the Site.

Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the goods, accident or force majeure.

In the event that the instructions are not delivered with the Product, and upon simple request from the Buyer, CYKL will send them the instructions or a link allowing access to them.

The Product under warranty will, at the manufacturer's option, be exchanged or repaired.

6.3 Implementation

For any claim, the Buyer must provide CYKL with their contact details, the Product references and any information needed to support the claim. In this context, CYKL may also ask the Buyer to provide the necessary photographs and explanations to expedite the processing of their claim.

For the speed and efficiency of processing complaints, a return number will be assigned.

In the event of a Product being returned without prior allocation of a return number, CYKL cannot guarantee rapid processing of the claim.

The Product must be returned in its original condition and, if possible, in its original packaging, even if partially altered, with all its possible accessories, and accompanied by any additional elements allowing rapid processing of the claim. In the event of depreciation of the Product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning, CYKL reserves the right to express any reservations regarding the claim.

ARTICLE 7 - INTELLECTUAL PROPERTY

The content of the Site, the T&Cs, photographs, layouts, infographics, is the property of CYKL and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 8 - LIABILITY

The Products offered by CYKL comply with current French legislation.

In accordance with Article L. 221-15 of the Consumer Code, CYKL cannot be held liable for non-performance of the contract in the event of fault on the part of the Buyer, for fortuitous reasons or in the event of force majeure as defined in Article 1218 of the Civil Code.

The Site also contains information from third parties and links to other websites. CYKL shall not be liable for any damages resulting from the use of, access to, or inability to use this third-party information, or the content of other websites.

ARTICLE 9 - PERSONAL DATA

The information provided to the Buyer regarding their personal data is accessible here: www.cykl.store/mentionslegales (Regulation EU2016/679 of April 27 (GDPR) and law n°78-17 of January 6, 1978).

These are also part of these T&Cs.

CYKL also indicates that it has appointed a Data Protection Officer (DPO) with the CNIL, who can be contacted at the following address:

By mail: SARL CYKL 2 Blvd Victor Hugo 34000 Montpellier

By email: contact@cykl.store

In this regard, Buyers' requests regarding personal data may be addressed to the contact details above.

ARTICLE 10: CUSTOMER SERVICE

For any information or questions, CYKL customer service can be reached by email at this address: contact@cykl.store

ARTICLE 11 – DISPUTES AND APPLICABLE LAW

All clauses appearing in these general conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law.

In the event of difficulties in the application of these general conditions of sale, the Customer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of: a professional association in the sector, a consumer association or any other advisor of his choice.

It is recalled that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee.

It is recalled that as a general rule, and subject to the assessment of the Courts, compliance with the provisions of these general conditions of sale relating to the contractual guarantee assumes that the Customer honors its financial commitments to CYKL.

In the event of a dispute, the Client will contact CYKL as a priority to obtain an amicable solution.

Within the limits permitted by French law, in the event of a dispute, exclusive jurisdiction is granted to the courts of the Montpellier Court of Appeal, regardless of the place of delivery and the method of payment accepted.

 

Appendix 1 – WARRANTY

In addition to the elements indicated in the General Terms and Conditions, the Warranty also does not apply in the context of normal wear and tear, improper use of the product, improper handling, failure to follow the assembly instructions, defects or malfunctions following shocks, impacts, falls, etc.

Also, the following list (but not exhaustive) of the main exclusions is specified for information purposes:

1. Replacement of consumables and wear parts

Pads, discs, inner tubes, tires, grips, bearings, cables, housings, chainrings, pulleys, chains, cassettes, fork or shock seals, spokes, ratchets, discs, braking surface on discs, derailleur hanger, bulbs, brake fluid...

2. Improper use of the products

Framework: Improper use, modifications, use of a high-pressure cleaner.

Suspensions: Modifications, improper disassembly, pressure, maintenance, high-pressure cleaner, accumulation of mud, dust, various debris, etc.

Transmission Maintenance, lubrication, cleaning, incompatible parts, .

Brakes Incorrectly performed bleeding, contaminated pads, discs that do not conform or are not compatible with the brake brand, use of a high-pressure cleaner, incompatible parts and oils, etc.

Peripherals Compliance with tightening torque, misuse, incompatible parts.

Wheels Modifications, improper disassembly of the hub, use of a high-pressure cleaner, poor maintenance of the freewheel body, bearings, non-compliant spoke tension, etc.

Tire pressure, mounting, unsuitable conditions, ...

Electronics Improper use of charger or battery, ...

Textile Failure to follow washing instructions, ...

3. The consequences linked to use not in accordance with the intended use of the product (use not adapted to the practice)

When purchasing a product, usage recommendations are often provided in the manual or through the seller's advice. When purchasing a bike, it's important to check the intended use in relation to your intended use. For example, a cross-country bike won't be suitable for intensive downhill use, so the warranty cannot cover use that isn't suitable for the product, as the bike's components aren't designed for that purpose.

We indicate (when manufacturers communicate them) the product classifications in relation to use (mountain bikes, wheels, etc.).

4. Defects and their consequences due to the intervention of the buyer, a repairer or external sources

Repairer not approved by the brand, incorrect assembly or disassembly, falls and impacts, theft, damage resulting from fire, lightning and storm, corrosion, modifications to electronic components, addition of incompatible spare parts, use of workshop pliers directly on the carbon frame, use of maintenance products and tools not in accordance with the manufacturer's recommendations, erased serial number, paint modifications, etc.

5. Damages specifically mentioned in the product sheets

We provide installation and usage instructions for specific products. It is important to follow these instructions, as they determine the product's proper functioning and warranty.

6. Neglected and/or non-compliant maintenance

When using the product, it is recommended to maintain the equipment to keep it functioning optimally. In the event that maintenance is neglected or does not comply with the manufacturer's recommendations, the warranty will not cover defects related to mistreatment. There are therefore periodic maintenance procedures that must be performed to maintain the warranty.

TIP: Be sure to follow the instructions for use provided by the manufacturer in the manual or on the brand's website.