General Conditions of Sale & Service
- The present General Conditions of Sale are applicable to a sales contract having for object the supply to the Customer of new or second-hand products by the above establishment.
- Any purchase on the website www.stalkermadbikes.com concerns the purchase of a new product that has been tested by our teams. A second-hand product of our brand will then be visibly and explicitly identified as such in the product sheet and the order form.
- The Establishments hereinafter referred to as "the seller" act on their own behalf and in their own name. They are solely responsible towards their customers for commitments of any kind made by them.
- Any purchase made on www.stalkermadbikes.com after processing of the order by our services materialized by the payment of the price is worth the order form accepted.
- By placing an order for a second-hand product, the Customer acknowledges that he is perfectly familiar with it and accepts it in the state in which it is. By placing an order for a new product, the Customer acknowledges having consulted the test report produced by the seller and accompanying the product that was given to him on the date of delivery. He undertakes to assert the Warranties applicable to new products sold within the specific time limits as provided by the seller.
- The delivery period will only begin to run after signature of the order by the Customer and receipt, where applicable, of the deposit provided for in Article 6 of these General Terms and Conditions of Sale. In the case of consumer credit, the delivery period will only begin to run from the date the credit is granted by the lender, unless the Customer requests immediate delivery in writing. The original order form, stamped and signed by the Seller and given to the Customer, shall constitute proof of receipt and acceptance of the order by the Seller. An order processing and order form issue time of 5 to 7 working days applies. The seller estimates the delivery time of the product(s) at 65 to 90 days. After this period and in the absence of an express written notification from the seller to the customer, the customer may cancel the order at no additional cost. The sums received by the seller as a deposit or full payment must be returned to the customer within a reasonable period of 14 days.
- A- Cash or credit sales not falling within the scope of articles L.311-1 and following of the Code de la Consommation sur le crédit.
If the product, which is the subject of this contract is sold with the assistance of a credit organization, this method of financing must be mentioned on the contract.
The contract applies as soon as the prior offer of accessory credit has been accepted by the Customer, the contract has become perfect and after payment of the specified deposit.
If the Customer chooses GWMG S.A.S. as the credit organisation, he authorises the seller to receive on his behalf the possible approval of this organisation.
If the Customer chooses another credit organization, the Customer will make with the credit organization his personal business of the preliminary offer, if the credit organization chosen by him accepts or not his file or if he himself has withdrawn.
In the absence of response within this time limit, or in the event of refusal by the credit organization, the seller will propose to the Customer the intervention of GWMG S.A.S.
If no credit organization gives its agreement, the sale will be cancelled and the deposit paid will be returned to the Customer.
- Prices are net of any discount. The price is payable as a deposit at the time of order and the balance upon delivery.
- The price determined at the time of order is guaranteed until the expiry date of the order.
- The price determined at the time of order is guaranteed until the expiry date of the order.If the delivery has not been made within the period provided for and if the delay is not attributable to the Customer, the price guarantee will be extended until the products are made available.
- The Customer undertakes to take delivery of the products ordered at the place and date indicated on this order form and in any event within seven days from that date.
Beyond this period and seven days after formal notice by registered letter to take delivery remained unsuccessful or not withdrawal of the registered letter, the seller may cancel the order if the price has not been paid and keep the deposit paid by way of compensation.
In the event of failure by the seller to meet its obligation to deliver the products on the scheduled date or, failing this, no later than thirty days after conclusion of the order, the customer may cancel the order, by registered letter with acknowledgement of receipt, or in writing on another durable medium, if, after having enjoined, according to the same terms, the seller to make the delivery within a reasonable additional period, the latter has not done so within this period. The order shall be deemed cancelled upon receipt by the Seller of the letter or writing informing the Customer of such resolution, unless the Seller has in the meantime complied.
Nevertheless, the Customer may immediately cancel the order if the Seller refuses to deliver the products or if the Seller fails to fulfil its obligation to deliver the products on the date agreed upon and if this date constitutes an essential condition of the order for the Customer. This essential condition results from the circumstances surrounding the conclusion of the order or from an express request by the Customer prior to the conclusion of the order.
In the event of cancellation of the order due to the Seller's failure to meet its delivery obligation, the Seller shall be obliged to reimburse the Customer for the totality of the sums paid, at the latest within fourteen days of the date on which the order was cancelled. The sum paid by the Customer is automatically increased by 10% if the reimbursement is made within thirty days after this term, by 20% up to sixty days and by 50% thereafter.
In the event of force majeure, the agreed deadline will be extended for the benefit of both the Customer and the seller by a period equal to that of the event. The delay in delivery may not, in the case of force majeure, give rise to damages or compensation of any kind in favor of the Customer.
- Except in the case provided for in Article 8 of these Terms and Conditions of Sale, the payment of a deposit at the time of order does not imply for the Customer, the right to withdraw from the order by simply giving up his deposit. In the event of cancellation of the order, the deposit paid remains acquired by the seller or is imputable to the latter in application of article 8 above, in which case the deposit will be refunded to the Customer.
- Whatever the means of payment used, the entire sale price must be paid to the seller when the product ordered is made available, after deduction of any initial deposit paid. In this case, the Customer must pay the balance of the price on delivery of the products and before the completion of any import formalities by the seller, if the Customer has entrusted him with this task, or in the case of a sale on credit. The non-payment at the due date of all or part of the sums due will automatically lead to the collection of late payment interest calculated at the base rate, rounded up to the nearest half point and increased by three decimal five points, plus VAT. Any Professional Customer in a situation of late payment will also be automatically liable to the seller for a fixed indemnity of 40 euros for collection costs.
- The products may be the subject of a contractual guarantee from the seller, the content and terms of application of which are defined in the document that will be provided by the seller under his sole responsibility. Independently of the possible contractual guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L.217-4 to L.217-13 of the Consumer Code and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Article L.217-4 of the French Consumer Code "the seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery.
He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been placed at his charge by the contract or has been carried out under his responsibility".
Article L217-5 of the French Consumer Code "the goods are in conformity with the contract:
1° If they are fit for use, the seller is liable for any defects in conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility".
Article L217-5 of the French Consumer Code "the good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, if applicable :
if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".
Article L217-12 of the Consumer Code "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods".
Article 1641 of the Civil Code "the seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them".
Article 1648 paragraph 1er of the Civil Code "the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".
- has a period of two years from the delivery of the goods to act;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9. of the French Consumer Code ;
- is exempt from having to provide proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. This period is set at six months for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
- Concerning the products of the STALKER MAD BIKE® brand, the period during which the parts essential for the use of the product will be available on the French market is two years from the date of the first release of the products. For products manufactured under trademarks belonging to third parties and marketed by GWMG S.A.S,
- We invite you to contact our sales department.
- CONSUMER MEDIATION. In the event of a dispute between the Customer and the Seller, the repairer or GWMG S.A.S, the latter will endeavour to resolve it amicably; the Customer will address a written complaint to the professional concerned: Seller, Repairer or GWMG S.A.S (Customer Relations Service). In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of (1) one month, the consumer Customer, within the meaning of the introductory article of the Consumer Code, may have recourse free of charge to a mediator registered on the list of mediators drawn up by the Commission d'évaluation et de contrôle de la médiation de la consommation in application of article L.615-1. of the Consumer Code, by entering :
-or the mediation center competent to handle disputes arising from the responsibility of the Seller or Repairman according to the affiliation of the professional, at the Arbitration Court of Paris.