Terms and conditions of sale

The company Ateliers HeritageBike

The SAS Ateliers HeritageBike with a capital of 161 400 €, whose registered office is located at 88, chemin des Perrières – 74290 Bluffy, is registered in the Annecy Trade and Companies Register under the number RCS Annecy 853 478 162, VAT number FR91853478162 and represented by its Chairman Xavier WARGNIER. The showroom, which is open to the public by appointment, is located at 315 Novus Parc, Poisy 74330.

Preamble

SAS Ateliers HeritageBike designs, conceives, manufactures and assembles its products with passion and the greatest care with the aim of offering its users exceptional products. Made in France plays an important role in its manufacturing processes and its products are made with great know-how and expertise.

The general conditions of sale (hereinafter referred to as the ‘GCS’) below concern the original customer of Ateliers HeritageBike products.

Article 1

The current GCS of SAS Ateliers HeritageBike are those published on the site www.ateliers-heritagebike.com. SAS Ateliers HeritageBike reserves the right to modify the present GCS at its only decision which will be immediately applicable for any order. The GCS concern all the products sold by SAS Ateliers HeritageBike on the Internet site, by mail, e-mail or telephone but also through retailers.

Article 2

The customer accepts without reserve the GCS as well as the price lists. He declares and acknowledges having perfect knowledge of them. The validation of each order for a product from Ateliers HeritageBike implies total acceptance of these GTC. The on-line order constitutes a legally binding offer by the customer to conclude a sales contract. The language of the contract is French. The applicable law is French law. The provisions of the United Nations Sales Convention are not applicable.

Article 3

In accordance with the French Data Protection Act, customers have the right to access, rectify and oppose the transfer of their data.

Article 4

The customer is responsible for the accuracy of the information provided. The customer will have to complete the totality of the obligatory fields of the forms.

SAS Ateliers HeritageBike is authorised to process and record data relating to the various sales contracts insofar as this is necessary for the fulfilment and execution of the sales contract and for as long as the law obliges it to keep this data.

SAS Ateliers HeritageBike does not transmit any personal data of the customer to third parties without the express consent of the customer, except if it is legally obliged to communicate data.

Article 5

All the prices of the Ateliers HeritageBike products are in euros all taxes included for metropolitan France. For foreign countries and DOM TOM, the customer must obligatorily consult SAS Ateliers HeritageBike in order to know the methods which apply to his country or territory. In the latter case, carriage and packaging costs, customs and import duties or other taxes may be payable. The products of SAS Ateliers HeritageBike are reserved for private individuals except with special authorisation. The payments of the purchases of products Ateliers HeritageBike are done by bank cards or bank transfers. An invoice will be automatically issued on receipt of payment.

In the event of suspicion of fraud; SAS Ateliers HeritageBike reserves the right to ask for proof of identity of the customer and the necessary authorizations. SAS Ateliers HeritageBike can thus reserve the right to cancel the order.

Article 6

All the orders of the customer for a product Ateliers HeritageBike engage SAS Ateliers HeritageBike only subject to availability of the product. If a product were unavailable after placing of a customer order without that the times indicated could not be respected, SAS Ateliers HeritageBike will inform the customer quickly to decide on a solution even of a refunding. If the goods are identified ‘ Available in stock ’ in the on-line shop at the time of the placing of the order by the customer, SAS Ateliers HeritageBike keeps the goods in stock during a period of five working days as from the confirmation of the order. If payment is not received during this period, SAS Ateliers HeritageBike is authorised to remove the goods from stock at any time.

The Ateliers HeritageBike products are dispatched from Monday to Friday except public holidays to the delivery address indicated by the customer. SAS Ateliers HeritageBike cannot be held responsible in the event of external events which can delay a delivery such as social movements like strikes, exceptional climatic conditions or traffic bans.

Article 7

At the time of receipt of the Ateliers HeritageBike products at the customer’s premises, the latter will immediately benefit from the transfer of the risks of loss and deterioration of the Ateliers HeritageBike products. The customer undertakes to check immediately the condition of the Ateliers HeritageBike products delivered to exclude any defect or anomaly due to transport or manufacture. The customer undertakes to inform SAS Ateliers HeritageBike immediately of any problems.

Unless expressly stated otherwise on its part, SAS Ateliers HeritageBike only delivers against advance payment. The goods delivered remain the property of SAS Ateliers HeritageBike until full payment by the customer. The customer undertakes to handle the goods with care during the existence of the reservation of ownership.

If the supplied goods are affected by a defect of conformity, the customer can require the elimination of the defect by repair or the delivery of goods free from defect by replacement. SAS Ateliers HeritageBike can refuse the choice of the customer if this choice involves a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. SAS Ateliers HeritageBike is then held to proceed, except impossibility, according to the mode not chosen by the customer.

Article 8

The customer has a right of retraction of 14 days as from the date of the order. If the delivery was carried out within this time, the customer must then return with the invoice and in its packing of origin the product Ateliers HeritageBike. Products already used or returned incomplete, damaged or soiled by the customer will not be taken back, without exception. Before any return the customer must obligatorily inform SAS Ateliers HeritageBike of his decision by means of a clear and unambiguous declaration.

Article 9

The presentation of the goods on the Internet site www.ateliers-heritagebike.com in no way constitutes an offer, but rather a non-binding incitement for customers to place an order.

SAS Ateliers HeritageBike is not responsible for slight differences in colours or sizes compared to those indicated on the www.ateliers-heritagebike.com site: these differences are not considered to be errors, no reimbursement will therefore be due, either for delivery costs or for the product. The size guide on the www.ateliers-heritagebike.com website should be considered as a suggestion to the customer before placing an order. The errors in the choice of the sizes resulting from a bad interpretation of the size guide on the pages of products of the www.ateliers-heritagebike.com site are not imputable to SAS Ateliers HeritageBike.

Article 10

Ateliers HeritageBike products are guaranteed, from the date of purchase, 5 years for the frame, 2 years for the motor and the battery and one year for the finishing elements such as flax fibre elements or paint. In general, manufacturers’ warranties for components apply in accordance with their terms and conditions.

The warranty applies only to the original owner.

Wear and tear on certain parts is not covered by the warranty:

• Brake components (pads, discs),
• Tyres, inner tubes, rim bottoms,
• Cables and sheaths,
• Transmission components (belt or chain, chainring, etc.),
• Handles,
• Bearings (bottom bracket, headset, hubs),
• Saddle

The guarantee does not apply to abnormal and inappropriate use of the product by Ateliers HeritageBike, for example:

• Use of the bicycle in competition or for professional use,
• Insufficient maintenance or negligence on the part of the purchaser,
• Accidents, falls, jumps, overloading or other abnormal or excessive use,
• Modification of the frame or fork (e.g. engraving or painting), addition or transformation of additional components not expressly validated by SAS Ateliers HeritageBike or replacement of components fitted by it by components of a different nature, or any other major modification carried out on the bicycle,
• Incidence of external elements or agents (natural disaster, fire, humidity),
• Use that does not comply with technical and safety standards.

SAS Ateliers HeritageBike assumes no responsibility (whatever the cause) for damage due to an action of the customer (in particular to a non-conforming or unsuitable use of the goods by the customer), to the unforeseeable and insurmountable act of a person outside the contract or to a case of force majeure.

The customer undertakes to respect the instructions given by SAS Ateliers HeritageBike in order to benefit from the guarantee.

The Ateliers HeritageBike products are in conformity with the legislation and profit from the necessary approvals. The responsibility for SAS Ateliers HeritageBike could not be committed in the event of non-observance of the legislation by the customer. The responsibility towards the customer of SAS Ateliers HeritageBike is limited to damage resulting from obvious negligence or caused intentionally.

Article 11

The products sold by SAS Ateliers HeritageBike to the customer profit:

• of the legal guarantee of conformity under the conditions envisaged in articles L217-4 and following of the Code of consumption and,
• of the legal guarantee of the hidden defects under the conditions envisaged in articles 1641 and following of the French Civil code. The customer can act in legal guarantee of conformity and/or in legal guarantee of the latent defects by addressing SAS Ateliers HeritageBike.

When it acts in legal guarantee of conformity, the customer is expressly informed that it :

• benefits from a period of 2 years as from the delivery of the product to act ;
• can choose between repairing or replacing the product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee referred to in Article 10.

Article 12

The whole of the contents of the sites of SAS Ateliers HeritageBike, including in particular the illustrations, graphics, texts, labels, marks, images, videos, is the property of SAS Ateliers HeritageBike and is protected by the national and international right of the intellectual property. Any reproduction, exploitation, representation, adaptation, transformation or partial or total use of any content, by any means whatsoever and on any medium whatsoever, is subject to the prior and explicit authorisation of SAS Ateliers HeritageBike.

Article 13

For any complaint or question, the customer must contact the after-sales service by post at the showroom address: 315 Novus Parc, Poisy 74330.

Conditions of use for :

Origine, Heroes, Origine Valéo, Style: Category 2

Designed for riding on paved roads such as :

• tarmac roads and cycle paths
• paths paved with gravel, sand or similar materials
• paved footpaths with few roots, sills, stones and slopes.

In this case, the wheels are in constant contact with the ground or lose contact for a fraction of a second due to small asperities such as roots.

Escapade Style: Category 3

Same as category 2, but also running on/in :

• unpaved, rocky hiking trails, where roots, thresholds, stones and descents are more common.

The wheels are in constant contact with the ground or lose contact in intermittent jumps of up to 20cm.

Altitude: Category 4

Same as category 4, but also running on/in :

• very uneven, rocky terrain, with intermittent jumps up to 1m high
• in named sports and mountain bike parks (occasional)

Because of the higher forces exerted on bikes in this category, their good condition should be checked very carefully after each outing.

Conditions of use of the Heritage Side trailer

• The Heritage Side trailer (hereinafter referred to as ‘the Trailer’) must be used on a smooth, unobstructed road surface.
• Driving at night or in poor visibility is prohibited. The customer must equip the trailer with additional, approved safety headlights for driving in poor visibility conditions.
• Driving with the Trailer must be appropriate and must take into account the different angles and congestion. Speed must not exceed 25 km/h in a straight line and 10 km/h on bends. It is forbidden to exceed an angle of 45° when cornering.
• Bends must be taken with care and without sudden and/or unanticipated movements.
• If the trailer is used to transport a child, the child must always be properly secured with the original 5-point seatbelt, perfectly adjusted to the child’s height. The child must always be correctly seated and never in a standing position, even when stationary. The child must wear a safety helmet.
• The trailer is currently in the process of being approved to meet safety standards, so the transport of children must await this approval.
• It is essential to prevent the child from pulling out any part of the body, clothing or toy and coming into contact with the moving parts.
• It is strictly forbidden to leave children unattended.
• The maximum weight of the child must not exceed 16 kg.
• It is not recommended to use the Trailer to transport an animal.
• The maximum load for transporting goods must not exceed 24 kg.
• Goods inside the Trailer must not overhang the Trailer and all loads must be properly secured.
• The Trailer must not be altered in any way.
• A safety flag must always be used.
• The grille at the rear of the Trailer and the windscreen on the versions concerned are not support brackets and must never be handled to avoid the risk of damage. These parts are fragile and decorative.
• The attachment of the trailer to the bicycle must be checked before each use.
• It is essential to refer to the instructions for attaching the bracket to the bike.
• The customer must check the compatibility of the Trailer with their own bicycle before purchase.
• SAS Ateliers HeritageBike will not be held responsible for any use other than the above-mentioned rules and obvious safety rules.