DAMIUS GENERAL TERMS AND CONDITIONS OF SALE applicable to online or in-store purchases
1. Purpose
These general terms and conditions of sale are intended, on the one hand, to inform any potential consumer about the conditions and procedures under which the seller sells and delivers the products ordered, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer which apply, without restriction or reservation, to all sales of products of the company DAMIUS.
Consequently, ordering a product offered for sale by DAMIUS implies full and complete acceptance of these general terms and conditions of sale, which the Buyer acknowledges having read prior to placing their order.
Before placing an order, the Buyer declares that they have the full legal capacity to enter into this agreement under these terms and conditions of sale.
DAMIUS reserves the right to modify these terms and conditions of sale at any time.
2. Company Identity
DAMIUS, SARL with a capital of 420,000 euros – SIRET RCS Salon de Pce 788 684 694 00052 – Intra-community VAT number FR24788684694
Address: DAMIUS, 33 Boulevard du Royaume-Uni, ZI Les Molières, 13140 Miramas, France
Website: www.damius.com | Phone: +33 (0)4 90 59 49 10
3. Contract Formation and Orders
3.1. PRICES
The selling prices of products listed by DAMIUS are indicated in Euros and are those in effect at the time the Buyer registers the order. Product price and availability are guaranteed only for online payments by credit card.
Prices do not include shipping costs (unless otherwise stated), which are charged in addition to the price of the products purchased, depending on the order amount. Shipping costs will be indicated before the Buyer registers the order.
Prices include Value Added Tax (VAT) applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products sold.
DAMIUS may change product prices at any time. The Buyer will be notified of any such change before placing an order.
3.2. PRODUCT CHARACTERISTICS – AVAILABILITY
In accordance with Article L 111-1 of the Consumer Code, the Buyer may, prior to placing an order, consult the essential characteristics of the product(s) he/she wishes to order on the DAMIUS website.
The Buyer selects one or more products from the different categories offered on the DAMIUS website.
The offers presented by DAMIUS are valid while stocks last.
DAMIUS reserves the right to modify the product range, particularly in light of constraints related to its suppliers.
The photographs, graphics and descriptions of the products offered for sale are not contractual and do not bind the seller in any way.
In the event that a supplier modifies a product, the graphic representation of the product cannot engage the responsibility of the seller nor even affect the validity of the sale.
3.3. ORDER
All orders and order confirmations imply full and unreserved acceptance of these general terms and conditions of sale. The Buyer is considered to have knowingly and unreservedly accepted these general terms and conditions of sale, as well as the prices, volumes, and quantities of the products offered for sale and ordered.
The sale will only be considered final after DAMIUS sends the Buyer the order confirmation and receives full payment.
Orders can be placed via the website, by telephone, or by email. The Buyer is advised to keep this information in printed or electronic format.
In the event of cancellation of the order, DAMIUS will proceed with the refund to the customer as soon as possible and at the latest within thirty working days following the date of validation of the order cancellation.
4. Payment of the price
The Buyer must pay the full price at the time of ordering, except for installment payments accepted as such by DAMIUS and according to the conditions defined below.
For single payments by credit card, the collection of the full amount of the order will be made online via the DAMIUS website at the time of order validation.
For single payments by check, the check must be sent by post to SARL DAMIUS within 7 calendar days of the order and will be cashed upon receipt.
For single payments by bank transfer, the transfer must be made within 7 calendar days of the order to the bank account details provided during the ordering process. Transfer fees are the responsibility of the customer; shared fees are not accepted.
Regarding installment payments, these can only be made by credit card or check. The total order amount will be divided according to the number of installments chosen. A monthly processing fee of €5 applies to installment payments, specifically €15 for 3 installments and €30 for 6 installments.
> For payments in installments by credit card, the first monthly payment will be collected online on the DAMIUS website upon validation of the order and the following monthly payments will be collected at 30-day intervals, a payment schedule will be presented to you upon validation of the order.
> For payments made in installments by check, all checks must be sent and received together by mail to DAMIUS within 7 calendar days of the order. The first check will be cashed upon receipt, and subsequent checks will be cashed 30 days apart.
All orders are payable in Euros.
To make payment, the Buyer has all the payment methods available at the time of the order, namely: bank card, PayPal, check or bank transfer.
The Buyer warrants to DAMIUS that he/she has the necessary authorizations to use the payment method he/she will have chosen when registering the order form.
DAMIUS reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum due by the Buyer, or in the event of a payment incident.
Penalties equal to the legal interest rate plus five points are automatically applicable to unpaid amounts after a period of ten days following the invoice date or upon notification of payment rejection. Delivery of any new order may be suspended in the event of late payment for a previous order, notwithstanding the provisions herein.
DAMIUS reserves the right to request a photocopy of the Buyer’s identity card for any type of payment, as well as any documents required for installment payments.
In order to combat online fraud, information relating to your order may be transmitted to third parties for verification.
5. Product Selection
Having reviewed the products marketed by DAMIUS and their specifications, the Buyer, under their sole responsibility and based on their needs as determined prior to placing any order, has selected the product(s) included in their order. Furthermore, as the Buyer is solely responsible for knowing the equipment, configurations, and other factors they use, they are solely responsible for determining the compatibility of the ordered products with their existing equipment.
If the Buyer does not feel sufficiently qualified to make this determination, it is their sole responsibility to seek professional advice.
6. Delivery and Receipt
6.1. GENERAL RULES
Products will be delivered to the address indicated by the Buyer on the order form.
The Buyer may, upon express request, have the invoice sent to the billing address rather than the delivery address by simply submitting a written request, either by mail or email. Therefore, the available items can be sent first, the remainder of the order will be sent when all the other items are available.
Failure to comply with the procedures outlined below will result in the rejection of any claim from the Buyer.
Please note that the delivery of our products is ensured by a transport company selected by DAMIUS whose sole responsibility is to ensure the transport and delivery of the package to the delivery address indicated on the order form; this excludes the unpacking of the package, the retrieval of the carton, the pallet or any other elements of the package.
If the recipient is not available on 2 occasions for the delivery that he himself has programmed and/or if delivery is not possible due to the recipient within 15 days after dispatch, he will be charged fees (return fees, storage fees, reshipping fees).
6.2. DELIVERY TIMES
The average delivery times observed from DAMIUS’s various warehouses for in-stock products are as follows:
– Spare parts and small packages: 72 hours
– Bulky shipments (tricycle): 5 to 10 days
These delivery times are provided for informational purposes only.
Any potential delay will not give rise to damages, withholding of payment, or cancellation of the order by the Buyer.
However, if the ordered product is not located after a thirty-day investigation period, DAMIUS will, at its own expense, reship the products ordered by the Buyer.
6.3. QUALITY OR CONFORMITY PROBLEMS
In the event of delivery of a product that does not correspond to the order (defective or non-compliant), the Buyer must make their claim, by registered letter with acknowledgment of receipt to the DAMIUS address, within 7 days from the signing of the delivery slip or the carrier’s delivery confirmation.
All claims must include:
– the Buyer’s contact details.
– the product references.
– the reasons for the complaint.
Returns must be made within seven business days of receiving written confirmation from DAMIUS customer service. Otherwise, DAMIUS will not exchange or refund the ordered products.
Any product to be exchanged or refunded must be returned to DAMIUS in its original condition and packaging, with all components and accessories. Return shipping costs are the responsibility of the Buyer, except in the case of a return due to a proven defect or non-conformity with the order. The Buyer assumes all risks associated with the return of the product. Failure to comply with the procedure outlined above and the indicated deadlines will prevent the Buyer from making any claim for non-conformity or apparent defect of the delivered products, the products then being deemed to be compliant and free from any apparent defect.
7. Product Availability
If the ordered product is unavailable, DAMIUS will inform the Buyer as soon as possible. In accordance with the provisions of Article L121.20.3 of the French Consumer Code, DAMIUS may, in this case, provide a product of equivalent quality and price.
In any event, the ordered products will be delivered within the timeframe announced to the Buyer at the time of their order, or failing that, thirty business days after the announced timeframe, provided that the price has been paid in full.
If DAMIUS does not exercise this option, the Buyer will be reimbursed within thirty business days of payment of the sums paid.
8. Money-Back Guarantee – Right of Withdrawal
8.1. CONSUMER CODE
In accordance with Article L 121-16 of the French Consumer Code, for distance purchases, the Buyer has a fourteen-day cooling-off period from the date of receipt of their order. Therefore, it is the Buyer’s responsibility to return their order at their own expense and by their own means, as the seller has no obligation to provide a return service. Please note that the return of the product is the sole responsibility of the Buyer, who must arrange for a carrier. In the event of damage, the Buyer is responsible for the costs and must be held accountable by the carrier they have chosen.
8.2. DAMIUS MONEY-BACK GUARANTEE (applicable only to individuals)
DAMIUS facilitates return logistics, therefore no costs or liability are borne by the Buyer as long as the return conditions described below are met, namely:
– The billing and collection address for the product must be located in metropolitan France.
– The Buyer has 14 calendar days from the delivery of their tricycle to notify SARL DAMIUS of their wish to withdraw in writing (email or letter),
– The tricycle in question must not have more than 10 kilometers on the odometer.
– The test(s) carried out with the said tricycle will have been done on clean and dry ground (no rain, no dirt or gravel paths) so that the tricycle is in like-new condition,
– This service is free of charge and fully refundable; however, a €300 fee applies if you wish to exchange for another model, size, color, etc.
– Send photos in advance, attesting to the condition of the product, by email to customer service (email: sav@damius.com),
– All items, documents, options, keys and accessories must be present at the time of collection.
– The product and all its accessories must be handed over to the carrier in accordance with the instructions provided by the DAMIUS after-sales service technician.
– The Buyer may only benefit from this service once; if they wish to withdraw a second time, they must do so in accordance with the right of withdrawal under Article L 121-16 of the Consumer Code, i.e., with a return organized by them, at their own expense and under their own responsibility.
– This service is not valid on our models without electric assistance and if contraindicated by our sales department.
8.3. REFUND
Upon receipt of the tricycle at DAMIUS premises, the after-sales service technicians will examine the product and verify that it is in new condition, complete with all accessories, and has less than 10 kilometers on the odometer. If all the conditions listed in article 9.2. If these General Terms and Conditions of Sale are met, DAMIUS will proceed with the refund of the order within 30 days following the validation of the refunded satisfaction.
Otherwise, if upon return of the product with all its accessories, an examination by one of our technicians determines that the product was not correctly placed and secured in the crate, resulting in damage, and that the returned product is not in new condition and complete with all accessories, then DAMIUS reserves the right to refuse the return or to deduct a portion of the refund amount. Once the “Satisfaction Guaranteed or Your Money Back” claim has been validated by Customer Service, according to the conditions mentioned above, DAMIUS will process the customer’s refund as quickly as possible and at the latest within 30 days of the “Satisfaction Guaranteed or Your Money Back” confirmation.
This service is free of charge and fully refundable; however, a €300 fee applies if you wish to exchange for a different model, size, color, etc.
Please note that until the “Satisfied or Refunded” procedure is finalized and confirmed by customer service, all payments remain due.
9. Retention of Title
DAMIUS retains full ownership of the goods sold until full payment of the price, including principal, fees, and taxes, has been received.
During the period between delivery and transfer of ownership, the risk of loss, theft, or destruction is borne by the Buyer.
The Buyer’s failure to fulfill its payment obligations entitles the Seller to demand the immediate return of the delivered goods at the Buyer’s expense and risk.
10. Warranty
The general terms and conditions and the warranty period are available upon request by email, in-store, and on the DAMIUS website under the “Warranty and After-Sales Service” section. The Buyer will be deemed to have consulted and accepted them without reservation.
If the instruction manual is not delivered with the product, DAMIUS will send the manual or a link to access it upon request.
Any return of the product under the aforementioned warranty must be subject to prior agreement from DAMIUS. To this end, the Buyer must contact customer service. No returns will be accepted without prior authorization from DAMIUS.
If the product is found to be defective, DAMIUS will provide the Buyer with instructions on how to return the product and/or the defective part. The product and/or the defective part must be returned within seven business days of the agreement being communicated to the Buyer. After this period, the Buyer will have to renew their request, according to the procedure described above.
The defective product must be returned in its original packaging with the entire product and its accessories and be accompanied in a legible manner by the product return number provided by DAMIUS and the product serial number.
Any incomplete, damaged, or defective product, and/or any product whose original packaging has been damaged, will not be accepted for return or exchange under the warranty.
All costs and risks associated with returning the product are the responsibility of the Buyer.
The product under warranty will, at the manufacturer’s discretion, be exchanged or repaired.
DAMIUS guarantees the Buyer, with respect to hidden defects that may affect the delivered products, only within the framework of a replacement of defective products, or parts that make them unfit for their use, without being able to be considered by the Buyer as responsible for any damaging consequences that these hidden defects may have caused.
In any case, the warranties do not cover:
– the replacement of consumables.
– l’utilisation anormale et non conforme des produits.
– damages that are specifically mentioned in the product descriptions.
– defects and their consequences due to intervention by the Buyer or a repairer not authorized or referenced by DAMIUS.
– defects and their consequences related to non-compliant use or use unsuitable for the purpose for which the product is intended.
11. Liability
The products offered by DAMIUS comply with current European legislation applicable to cycling. DAMIUS cannot be held liable for non-performance of the contract in the event of stock shortage or product unavailability, force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications.
DAMIUS cannot be held responsible for any indirect damages that may arise from the purchase of the products.
The total or partial inability to use the products, due in particular to hardware incompatibility, cannot engage the liability of DAMIUS nor give rise to any compensation or reimbursement.
The DAMIUS website also contains information from third parties, and links to other websites and cannot under any circumstances be held liable for damages resulting from the use of, access to, or inability to use this third-party information, nor for the content of other websites.
12. Partial Invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.
13. No Waiver
The failure of either party to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
14. Applicable Law
Sales of DAMIUS company products are subject to French law.
15. Data Processing and Liberties
The information collected by DAMIUS during any order placed by the Buyer is necessary for the proper management of the order and for its business partners.
In accordance with the French Data Protection Act (law no. 78-17 of 6 January 1978), the Buyer has the right to access, rectify, object to, and delete their personal data held by DAMIUS.
16. Customer service and order tracking
For any information, the Buyer can contact customer service by email or telephone.
