GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale apply to all sales concluded by SARL MOHAWK'S CYCLES with non-professional or professional Buyers of the same category, regardless of any clauses that may appear on the Buyer's documents, and in particular its general terms of purchase, over which these General Terms and Conditions of Sale prevail in accordance with the provisions of Article L 441-6 of the French Commercial Code. In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any buyer who requests them, to enable them to place an order with SARL MOHAWK'S CYCLES.
ARTICLE 2 - Orders
Orders will only be considered accepted when they have been confirmed or accepted in writing by SARL MOHAWK'S CYCLES.
MOHAWK'S CYCLES cannot guarantee the processing of orders placed in the afternoon (12:00 noon) for dispatch on the same day. A minimum of €50 is required for any order processing. Any frame order will be taken into account after confirmation by email. For frames in size S and XL, a deposit of 20% will be required before the order is taken into account. Orders or deliveries may be refused in the event of non-payment at the due date of previous deliveries, or any other obligation towards SARL MOHAWK'S CYCLES not respected, whatever the cause. Each order is considered firm on the part of the Buyer and therefore non-modifiable. Each order therefore obliges the Buyer to pay the full price, without the Buyer being able to demand any reduction.
ARTICLE 3 - Prices - Price Reductions
3.1. Prices
Products are supplied at the prices in force on the date the order is placed. A price schedule is appended to these general terms and conditions of sale; however, due to constant variations in exchange rates, carrier and supplier prices, prices are given for information purposes only and without commitment on the part of SARL MOHAWK'S CYCLES. They may be modified upwards or downwards without prior notice. Only the prices in force on the date the order is placed shall be binding between the parties. The Buyer's specific orders, to which this schedule cannot apply, shall be subject to a quotation previously accepted by the Buyer. Prices are understood as net, ex-works and excluding VAT. An invoice is issued by SARL MOHAWK'S CYCLES and given to the Buyer upon each delivery of products.
3.2. Price reductions
The Buyer may benefit from price reductions, discounts, rebates and allowances, depending on the quantities ordered, in one go and at one location, or the regularity of orders, under the conditions and according to the terms described in the attached schedule. (See our commercial conditions).
ARTICLE 4 - Payment Terms
4.1. Payment conditions
Payment will be made by bill of exchange, bank transfer or credit card. The customer agrees to return to the company the general information form made available to them and duly completed and signed by the customer. 4.2. Payment terms
The price is payable in full and in a single payment within 30 net days from the date of invoicing, under the conditions indicated in the "Payment conditions" paragraph above. The Seller shall not be required to proceed with the delivery of products ordered by the Buyer if the Buyer does not pay the price under the conditions and according to the terms indicated in these General Terms and Conditions of Sale.
4.3. Discount
No discount will be granted
4.4. Late payment penalties
In the event of late payment and payment of sums due by the Buyer beyond the time limit fixed above (see article 4.1.), and after the payment date appearing on the invoice sent to the Buyer, late payment penalties at the rate of one and a half (1.5) times the legal interest rate, shall be automatically and as of right acquired by the Seller, without any formalities or prior notice and shall result in the immediate payment of all sums due by the Buyer to SARL MOHAWK'S CYCLES, without prejudice to any other action that SARL MOHAWK'S CYCLES would be entitled to bring, in this respect, against the Buyer. In addition, the amount due will be increased by a fixed indemnity equal to 20% of the amount of the initial invoice. In the event of non-compliance with the payment conditions set out above, SARL MOHAWK'S CYCLES also reserves the right to suspend or cancel the delivery of orders in progress from the Buyer and/or to suspend the performance of its obligations and/or to reduce or cancel any discounts granted to the Buyer, and/or the immediate payment of all sums remaining due, regardless of the method of payment provided.
4.5. No Set-Off
Unless expressly, previously and in writing agreed by SARL MOHAWK'S CYCLES, and provided that the reciprocal claims and debts are certain, liquid and due, no set-off may be validly made between any penalties for late delivery or non-conformity of products with the order and the sums due for the purchase of products from SARL MOHAWK'S CYCLES
4.6. Retention of title clause
SARL MOHAWK'S CYCLES RESERVES, UNTIL FULL PAYMENT, A RIGHT OF OWNERSHIP OVER ALL PRODUCTS SOLD, ENABLING IT TO TAKE BACK POSSESSION OF SAID PRODUCTS IN THE EVENT OF DEFAULT OF PAYMENT. ANY DEPOSIT PAID BY THE BUYER SHALL REMAIN ACQUIRED BY SARL MOHAWK'S CYCLES AS FIXED COMPENSATION, WITHOUT PREJUDICE TO ANY OTHER ACTIONS THAT IT WOULD BE ENTITLED TO BRING AGAINST THE BUYER AS A RESULT.
The Buyer must, upon any request from SARL MOHAWK'S CYCLES, provide proof of having taken out insurance covering the risks of storage of the products until full payment of the price. The Buyer undertakes to provide proof of payment of premiums and to provide the name of the beneficiaries of said policy. The Buyer shall bear all costs and fees for inventory, restitution, or litigation generated by the exercise of the claim for the products or the request for termination of the contract. The Buyer shall ensure that identification of the products is always possible. Products shall always be presumed to be those of unpaid invoices.
ARTICLE 5 - Deliveries
The delivery times announced to the Buyer when ordering are purely indicative. In the event of any delay in delivery, the Buyer may not cancel the sale, refuse the products or claim damages. Delivery will be made at the location indicated by the buyer when ordering. Orders and balances below the minimum of €50 cannot be delivered. Any order, accepted and confirmed, less than €300 excluding VAT will be delivered carriage forward on a flat-rate basis of €12 excluding VAT. (Only in mainland France). A charge of €12 excluding VAT per shipment will be applied compulsorily for each delivery to coastal islands + Corsica. Countries belonging to the European Union will be charged at actual cost, under the conditions and according to the terms described in the attached schedule. (See the transport price schedule). A flat rate of €35.10 per shipment will be charged in addition, for the following countries: Liechtenstein, Switzerland, Andorra, Croatia, Norway. Whatever the legal or conventional limitations of liability that may be included by carriers of the goods, our company only makes a declaration of value or interest and only takes out insurance in the event of an express and prior request from the customer, the costs of the insurance policy then falling entirely to the buyer to whom it is incumbent to enquire about said limitations. For any dispute concerning transport and without prejudice to the provisions of Article 6 below, the Buyer is requested to make precise written reservations upon receipt of the carrier's delivery note. The collection of goods without reservation by the customer implies acknowledgement of the accuracy of the weight, quantity of goods delivered, quality of the package, packaging, conditioning and the apparent quality of the goods. Any reservation in this respect shall be made directly and precisely on the transport note given to the carrier, and confirmed by registered letter with acknowledgement of receipt addressed to the carrier no later than forty-eight (48) hours from the date of arrival of the goods at the destination, sending a copy to SARL MOHAWK'S CYCLES within the same time limits. Only reservations made within this time limit may be taken into account. Goods, whether or not it is a Franco shipment, travel at the risk and peril of the recipient. It is therefore the recipient and not the sender who should make reservations against carriers in order to assert their rights. No return may be accepted without the prior agreement of SARL MOHAWK'S CYCLES. In the event of acceptance, the return must be carried out in accordance with the procedures defined by SARL MOHAWK'S CYCLES.
ARTICLE 6 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of SARL MOHAWK'S CYCLES products to the Buyer shall only take place after full payment of the price by the Buyer, regardless of the delivery date of said products. However, the transfer of the risks of loss and deterioration of SARL MOHAWK'S CYCLES products shall take place as soon as the products leave, these travelling at the risk and peril of the Buyer, who may, in the event of damage, make any claims to the carrier under the legal and regulatory conditions in force. The Buyer therefore undertakes to have said products insured with delegation of payment in favour of the Seller against the risks of loss and deterioration by fortuitous event or otherwise, by a first-rate and well-known insurance company, until the complete transfer of ownership and risks and to provide proof of this to the Seller, upon the Seller's first request.
ARTICLE 7 - Seller's Liability - Warranty - After-Sales Service
7.1. Seller's liability.
Notwithstanding any contrary non-mandatory legal provision, SARL MOHAWK'S CYCLES shall under no circumstances be held liable to the Buyer for damages caused by the products on any grounds whatsoever. The liability of SARL MOHAWK'S CYCLES may under no circumstances be engaged in the event of non-performance of the contract due to stock shortage or unavailability of products, in the event of total or partial strike of shipping services, in the event of force majeure, such as flooding, fire, etc. The products offered comply with current French legislation. The liability of SARL MOHAWK'S CYCLES cannot be engaged in the event of non-compliance with the legislation of the country where the products are delivered. It is the Buyer's responsibility to verify with local authorities the possibilities of importing or using the products or services that the Buyer intends to order. The products in the catalogue distributed by SARL MOHAWK'S CYCLES are presented according to information provided by suppliers. The descriptions and photographs illustrating the products are given purely as an indication and do not form part of the contractual scope. If errors have been introduced, the liability of SARL MOHAWK'S CYCLES may under no circumstances be engaged.
7.2. Seller's warranty.
Notwithstanding any contrary non-mandatory legal provision, the products delivered by SARL MOHAWK'S CYCLES are only warranted within the material and time limits of the warranty provided by the manufacturer, any interventions carried out by SARL MOHAWK'S CYCLES under this warranty cannot in any way have the effect of extending its duration. ANY WARRANTY IS EXCLUDED IN THE EVENT OF APPARENT DEFECT, MISUSE, USE CONTRARY TO ITS PURPOSE, NEGLIGENCE OR LACK OF MAINTENANCE ON THE PART OF THE BUYER, AS IN THE EVENT OF NORMAL WEAR OF THE ITEM OR FORCE MAJEURE, OR IN THE EVENT OF A MODIFICATION OF THE PRODUCT NOT PROVIDED FOR OR SPECIFIED BY THE SELLER.
In order to assert their rights, the Buyer must, under penalty of forfeiture of any related action, inform SARL MOHAWK'S CYCLES, in writing, of the existence of defects with appropriate justifications, within a maximum period of 10 working days from their occurrence. SARL MOHAWK'S CYCLES will replace or have repaired products or parts under warranty deemed defective. This warranty also covers labour costs.
7.3. General conditions of use of the after-sales service.
In order to guarantee better processing of the return and follow-up, a request for a return number must be made by fax 01 41 21 82 82, email adv@mohawks.eu using our standard form or directly in your B2B area. SARL MOHAWK'S CYCLES will contact the Buyer by email or fax to communicate a return number which the Buyer will clearly affix to the package. This return number must be kept by the Buyer for any warranty follow-up. Returned products must be properly packaged, free from dirt or mud. Products must be returned to the delivery address of SARL MOHAWK'S CYCLES as follows:
SARL MOHAWK'S CYCLES - 19 Avenue Roland Moreno - 95740 Frepillon - France.
To avoid any problems with transport, SARL MOHAWK'S CYCLES advises the Buyer to send products with a first-rate carrier using a tracking number with signature, allowing traceability of the package. Any package of parts under warranty or not that does not have a return number will be returned to the sender carriage forward payable by the recipient.
7.4. Special conditions applicable to products under warranty.
A copy of the original invoice and a brief description of the product must be attached to the request for a return number by fax and then sent with the package. Any false invoice or non-compliant copy will render the warranty void. Shipping costs for parts under warranty are the responsibility of the customer. Return shipping costs for parts are the responsibility of SARL MOHAWK'S CYCLES. Any product received in after-sales service that is not recognised as being under warranty following improper use of the product, incorrect assembly of components, mechanical error or the occurrence of an event excluding the warranty (see 7.1.) will be treated according to the special conditions applicable to non-warranted products. Special condition for bikes and frames: the warranty does not cover labour costs in the event of replacement of part of a frame. Only the defective part must be sent, without bearings, derailleur hanger, clamp, etc.
7.5. Special conditions applicable to non-warranted products.
Before sending non-warranted parts, the Buyer must enquire with SARL MOHAWK'S CYCLES to know the cost of preparing a quotation for the repair of said parts. After receipt of the non-warranted parts, a quotation will be prepared by SARL MOHAWK'S CYCLES and faxed to the Buyer for acceptance. No repair will be processed without the Buyer's prior agreement. In the event of the Buyer's agreement on the quotation, the amount for preparing the quotation will not be due by the Buyer. In the event of the Buyer's refusal of the quotation, an invoice will be issued by SARL MOHAWK'S CYCLES, the amount of which will have been communicated to the Buyer before the quotation was prepared. (see paragraph 1 above) Shipping and return costs for non-warranted parts shall be the exclusive responsibility of the Buyer.
7.6. Special conditions applicable to goods damaged during transport.
You must provide proof that the reservations were properly made and confirmed by registered letter within 48 hours to the carrier who issued the transport receipt. Compliance with these instructions is mandatory to take action against the carrier and thus have the possibility of benefiting from an exchange.
7.7. Special conditions applicable to goods returned for exchange.
These exchanges are only accepted under conditions to be defined with sales representatives:
- That they are the subject of an order twice the amount of the return. Otherwise a 30% reduction will be automatically applied + €15 excluding VAT in administration fees will be charged to you.
- That outbound and return carriage is always at your expense regardless of the sales conditions provided.
- That the goods are always part of the catalogue and belong to the regularly sold 80/20.
- That packages return in the same condition (goods and packaging) as they arrived at your premises. Otherwise a buyback proposal will be made to you according to the condition of the goods.
Packaging: see general return conditions. If this offer is refused, the goods will be returned to you at your expense.
ARTICLE 8 - Disputes
ALL DISPUTES TO WHICH THIS CONTRACT MAY GIVE RISE, CONCERNING BOTH ITS VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, THEIR CONSEQUENCES AND THEIR EFFECTS SHALL BE SUBMITTED TO THE COMMERCIAL COURT OF NANTERRE.
ARTICLE 9 - Applicable Law
By express agreement between the parties, this contract is governed by and subject to French law.
ARTICLE 10 - Buyer's Acceptance
These General Terms and Conditions of Sale are expressly agreed and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general terms of purchase, which shall be unenforceable against SARL MOHAWK'S CYCLES, even if it has been aware of them.