General Terms and Conditions of Sale

MOHAWK'S CYCLES

GENERAL TERMS AND CONDITIONS OF SALE

Distance and in-store sales to consumers and non-professionals

MOHAWK'S, a simplified joint-stock company with a share capital of €100,000

Registered office: 19 avenue Roland Moreno, ZAC des Épineaux, 95740 Frépillon, France

RCS Pontoise 527 634 562 — SIREN 527 634 562 — VAT FR80 527 634 562

Telephone: +33 (0)1 41 21 82 90 — E-mail: sales@mohawks.eu — Website: https://mohawks.eu

TO BE FINALISED BEFORE PUBLICATION: enter the chosen and listed consumer mediator, the exact address of the privacy policy, the e-mail address dedicated to GDPR rights and the location of the online withdrawal function. Also verify the precise terms of the "30-day refund" commercial offer displayed on the site.

Article 1 — Seller Identity and Contact

These general terms and conditions of sale ("B2C Terms and Conditions") are offered by MOHAWK'S, a simplified joint-stock company with a share capital of €100,000, registered with the RCS of Pontoise under number 527 634 562, whose registered office is located at 19 avenue Roland Moreno, ZAC des Épineaux, 95740 Frépillon, France, EU VAT number FR80 527 634 562.

Customer service and after-sales service: +33 (0)1 41 21 82 90, sales@mohawks.eu, Monday to Friday from 9 am to 12 pm and 2 pm to 6 pm, excluding public holidays. Website: https://mohawks.eu.

Article 2 — Scope and Acceptance

The B2C Terms and Conditions govern sales of goods concluded with any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity, as well as with non-professionals benefiting from the applicable mandatory provisions.

They apply to sales concluded on the website, at a distance, or in store when they are provided prior to ordering. The consumer may download and retain them. Validation of the order after reviewing the order summary constitutes acceptance of the Terms and Conditions in force on that date.

Any condition that would reduce a mandatory consumer right shall be deemed unwritten. Offers may include special conditions that prevail for their subject matter where they are more favourable or have been expressly accepted.

Article 3 — Pre-contractual Information and Products

Prior to ordering, the consumer shall receive, in a legible manner, the essential characteristics of the product, its total price, any additional charges, the payment and delivery terms, the delivery date or timeframe, the existence of statutory guarantees, after-sales service, the right of withdrawal and its exceptions, as well as the dispute resolution procedures.

Photographs and colours are presented with the greatest care but may vary depending on the screen. The descriptions, dimensions, compatibilities, materials, options, and accessories expressly indicated on the product page and the order summary have contractual value.

The consumer must comply with the instructions, safety warnings, torque settings, usage limits, and assembly and maintenance requirements. In the event of any doubt regarding the compatibility or installation of a safety component, it is recommended to consult a qualified professional before use.

Article 4 — Prices and Charges

Prices are displayed in euros inclusive of all taxes. Delivery costs, options, duties or other additional charges are indicated before final confirmation. The price invoiced is the one accepted at the time of the order; it may not be increased after the contract has been concluded, unless the consumer requests a modification.

Promotions and free delivery thresholds apply for the duration and under the conditions announced. In the event of a manifest pricing error that the consumer could not reasonably have overlooked, MOHAWK'S shall inform the consumer prior to dispatch and offer them the option to confirm the order at the correct price or to cancel it with a full refund.

Article 5 — Order and Formation of the Contract

The consumer selects the products, checks the basket, enters the required information, chooses the delivery and payment method, and then accesses a summary allowing them to correct any error. The final button clearly indicates that placing the order entails an obligation to pay.

MOHAWK'S acknowledges receipt of the order by electronic means on a durable medium. The contract is formed when MOHAWK'S confirms acceptance of the order. The invoice and the applicable terms and conditions are made available or sent electronically.

MOHAWK'S may refuse an order on legitimate grounds, including suspected fraud, a previous payment incident, manifestly incorrect information, an abnormal quantity or unavailability. The consumer is informed accordingly and any sum collected in respect of the refused order is refunded.

Article 6 — Availability

Availability information is updated as accurately as possible. If a product becomes unavailable after the order is placed, MOHAWK'S shall inform the consumer without delay. The consumer may accept a new delivery timeframe or a proposed replacement product; failing this, the relevant order shall be cancelled and refunded within no more than fourteen days.

No replacement product shall be sent without the consumer's prior agreement.

Article 7 — Payment

Payment is made by the methods offered at the time of ordering. The price is due in accordance with the payment schedule displayed, generally in full at the time of ordering. In the case of instalment payment offered by a service provider, its terms and conditions are communicated prior to subscription.

Payment data is processed by secure service providers. MOHAWK'S does not retain full credit card details, except where a legally authorised and expressly accepted arrangement applies. In the event of a payment failure or refusal, the order may not be confirmed.

Article 8 — Delivery

The delivery area, method, cost, and date or timeframe are indicated prior to ordering. In the absence of an agreed date, MOHAWK'S shall deliver without undue delay and no later than thirty days after conclusion of the contract.

In the event of a delay, the consumer may suspend payment under the conditions provided by law, give MOHAWK'S formal notice to deliver within a reasonable additional period, and then cancel the contract if delivery does not take place. The consumer may cancel immediately if MOHAWK'S refuses to deliver or if the agreed date was an essential condition. Reimbursement shall take place within fourteen days following cancellation.

The consumer checks the condition of the parcel and may make precise reservations with the carrier. The absence of reservations does not deprive the consumer of the statutory guarantee of conformity. Where the carrier has not allowed the consumer to effectively check the condition of the goods, the time limit for lodging a complaint with the carrier is extended to ten days.

The Customer is invited to check, upon receipt, the quantity, references, and apparent condition of the delivered products. In order to facilitate the processing of their request, the Customer is invited to notify the Seller in writing — including by email — of any missing item, incorrect reference, or apparent damage within ten (10) calendar days from the day after receipt, specifying the order concerned and attaching, where possible, any relevant supporting documentation.

This period constitutes a recommended reporting timeframe and not a forfeiture deadline. Failure to report within this period or to make reservations upon receipt does not deprive the Customer of their rights under the statutory warranties, in particular the statutory warranty of conformity and the warranty against hidden defects, nor of their other statutory rights.

Article 9 — Transfer of Risk and Retention of Title

The risk of loss or damage is transferred to the consumer when they physically take possession of the goods, or when a third party designated by them takes possession. If the consumer themselves chooses a carrier that was not offered by MOHAWK'S, the risk is transferred upon handover of the goods to that carrier.

MOHAWK'S retains ownership of the products until full payment of the price has been received. This retention of title clause does not affect the mandatory rules governing the transfer of risk.

Article 10 — Right of Withdrawal

For a sale concluded at a distance, the consumer has fourteen days to withdraw without having to give reasons. For goods, the period runs from the date of their receipt by the consumer or the third party designated by them; specific rules apply to multiple orders delivered separately.

The decision is notified before the expiry of the period by means of the attached form or any unambiguous statement, by post to MOHAWK'S, 19 avenue Roland Moreno, ZAC des Épineaux, 95740 Frépillon, or by e-mail to sales@mohawks.eu. For orders concluded via an online interface, a free, easy, direct and permanent withdrawal function must be accessible at the location indicated on the site; an acknowledgement of receipt is sent without delay on a durable medium.

10.1 Return Following Withdrawal

The consumer returns the goods no later than fourteen days after having communicated their decision, to the address and in accordance with the instructions provided by MOHAWK'S. The direct costs of return remain the consumer's responsibility, unless MOHAWK'S agrees to bear them or failed to inform the consumer before the order. For goods that cannot normally be returned by post, the estimated cost of return is communicated before the order.

The consumer may handle the goods as they would in a shop in order to establish their nature, characteristics and proper functioning. Their liability may only be incurred in the event of depreciation resulting from handling beyond what is necessary. It is recommended to use appropriate protective packaging and a tracked shipping method.

10.2 Refund

MOHAWK'S shall refund all payments received, including standard delivery charges, no later than fourteen days after being informed of the withdrawal. The refund may be deferred until the goods have been recovered or proof of dispatch has been received, whichever is the earlier. The same payment method shall be used, unless the consumer expressly agrees otherwise and without any charge to the consumer. The additional cost of a delivery method more expensive than standard delivery shall not be refunded.

10.3 Exceptions

The right of withdrawal does not apply, in particular, to goods made to the consumer's specifications or clearly personalised, to unsealed goods that cannot be returned for reasons of hygiene or health protection, or to goods that, after delivery, have been inseparably mixed with other items. Any exception is indicated prior to ordering and shall be interpreted strictly. The mere choice of a standard size, colour, or option does not automatically make the goods personalised.

Article 11 — Statutory Warranty of Conformity

MOHAWK'S, acting as seller, is directly responsible for the statutory warranty of conformity. The consumer does not need to contact the manufacturer to invoke it. Repair or replacement is carried out free of charge, including any necessary costs of shipping, collection, labour and reinstallation, under the statutory conditions.

MANDATORY BOX — STATUTORY WARRANTIES

The consumer has a period of two years from the delivery of the goods to invoke the statutory guarantee of conformity in the event of a conformity defect appearing. During this period, the consumer is only required to establish the existence of the conformity defect and not the date on which it appeared.

Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the statutory guarantee shall apply to that digital content or digital service throughout the entire supply period. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service and not the date on which it appeared.

The statutory guarantee of conformity entails an obligation for the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the statutory guarantee of conformity, the consumer shall benefit from a six-month extension to the original guarantee.

If the consumer requests repair of the goods but the seller imposes replacement instead, the statutory guarantee of conformity shall be renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price whilst retaining the goods, or terminate the contract and receive a full refund upon return of the goods, if:

1° The trader refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer permanently bears the costs of recovery or collection of the non-conforming goods, or bears the costs of installation of the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to cancellation of the contract where the lack of conformity is so serious as to justify an immediate price reduction or cancellation. In such a case, the consumer is not required to first request repair or replacement of the goods.

The consumer is not entitled to cancel the sale if the conformity defect is minor.

Any period during which the goods are immobilised for the purpose of repair or replacement shall suspend the remaining guarantee period until the repaired goods have been delivered.

The rights mentioned above derive from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who in bad faith obstructs the implementation of the statutory warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are retained, or to a full refund upon return of the goods.

Article 12 — Implementation of Warranties and After-Sales Service

The request should be sent to sales@mohawks.eu or to MOHAWK'S, 19 avenue Roland Moreno, ZAC des Épineaux, 95740 Frépillon, with proof of purchase, the reference, serial number, a description and, where possible, photographs. The absence of the original packaging is not sufficient to dismiss a statutory warranty claim. Here is the link to the form: https://mohawks.eu/content/52-sav

MOHAWK'S shall indicate without delay the arrangements for handling the matter. No charges may be imposed for statutory remediation. If the diagnosis reveals that the fault results from a cause not covered, including misuse, accident, improper assembly or normal wear without an initial defect, no paid work shall be undertaken without a prior quote and agreement.

The manufacturer's or MOHAWK'S commercial warranties are in addition to the statutory warranties. Their terms, duration, territorial scope and exclusions are provided on a durable medium. They never limit the statutory warranties.

Article 13 — Liability and Safety

MOHAWK'S is liable for the proper performance of the contract and for responsibilities that cannot be excluded, in particular with regard to conformity, hidden defects, personal injury, and defective products.

MOHAWK'S cannot be held liable for damage exclusively attributable to the consumer, to an unforeseeable and insurmountable third party, or to a case of force majeure. Improper use, assembly contrary to instructions, unauthorised modification, or failure to maintain the product may exclude liability only where these are the cause of the damage or defect invoked.

The consumer must immediately cease using a product that presents a risk, follow any recall instructions and contact MOHAWK'S. No provision herein limits the mandatory rights attached to product safety.

Article 14 — Force Majeure

Performance may be suspended where an event meets the conditions of Article 1218 of the Civil Code. MOHAWK'S shall inform the consumer of the event, its foreseeable effects, and available solutions. If the impediment is permanent or if the delay legally permits cancellation, any sums due in respect of the unperformed service shall be refunded.

Article 15 — Personal Data

MOHAWK'S is responsible for the processing necessary for the management of the account, the order, payment, delivery, after-sales service, guarantees, complaints, fraud prevention, and its legal obligations. The legal bases are the performance of the contract, legal obligations, legitimate interests, and, where required, consent.

Data is accessible to authorised departments and necessary service providers, such as those responsible for payment, hosting, transport, support, and accounting, within the limits of their remit. Data is retained for the necessary periods and the statutory limitation periods. Any transfers outside the European Economic Area are governed in accordance with the GDPR.

The consumer has, under the applicable legal conditions, rights of access, rectification, erasure, restriction, objection, portability and withdrawal of consent. They may set out post-mortem directives and contact the CNIL. The arrangements, contact address and detailed retention periods are set out in the privacy policy accessible on the site.

Article 16 — Intellectual Property

Trademarks, photographs, videos, texts, graphics, databases, technical data sheets and other site elements are protected. Any unauthorised reproduction or use is prohibited, subject to statutory exceptions and the rights of the relevant rights holders.

Article 17 — Complaints and Mediation

Any complaint should be addressed in the first instance to sales@mohawks.eu or by post to the registered office, with the order number and relevant supporting documents. MOHAWK'S endeavours to provide a response within a reasonable timeframe.

After a prior written complaint that has not resulted in a satisfactory resolution, the consumer may free of charge refer the matter to the consumer mediator to whose jurisdiction MOHAWK'S is subject, under the conditions set out in Articles L. 612-1 et seq. of the Consumer Code.

FIELD TO BE COMPLETED — CONSUMER MEDIATOR

Name of the listed mediator: [TO BE COMPLETED]

Postal address: [TO BE COMPLETED]

Website and online referral: [TO BE COMPLETED]

Article 18 — Applicable Law and Jurisdiction

The Terms and Conditions are governed by French law. This choice does not deprive a consumer residing in another European Union Member State of the more protective mandatory provisions of their country of residence where these are applicable.

In the absence of an amicable agreement or mediation, the consumer may refer the matter to the competent courts in accordance with ordinary law rules, in particular those of the place where the consumer resided at the time of conclusion of the contract or the occurrence of the harmful event. No exclusive jurisdiction of the Pontoise Commercial Court may be imposed upon the consumer.

Article 19 — Final Provisions

The invalidity of one provision does not affect the other clauses. The headings facilitate reading and do not limit the scope of statutory rights. The applicable Terms and Conditions are archived with the order on a durable medium.

MOHAWK'S may amend the Terms and Conditions for the future. Amendments do not apply retroactively to orders already concluded, unless required by mandatory law or by an express agreement more favourable to the consumer.

Annex — Standard Withdrawal Form

To be completed and returned only if you wish to withdraw from an order concluded at a distance.

RECIPIENT

MOHAWK'S — 19 avenue Roland Moreno, ZAC des Épineaux, 95740 Frépillon, France

E-mail: sales@mohawks.eu

I hereby notify you of my withdrawal from the contract for the sale of the goods described below.

Product(s) / reference(s): ........................................................................................................

Order number: .............................................................................................................

Ordered on: ........................................................ Received on: ........................................................

Consumer's name: ...........................................................................................................

Consumer's address: .......................................................................................................

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Date: ....................................................................................................................................................

Consumer's signature (only for paper submissions):

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