General sales conditions

The Ateliers HeritageBike company

The SAS Ateliers HeritageBike with a capital of 161 400 €, whose head office is located 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 President Xavier WARGNIER. The showroom open to the public by appointment is located at 2 avenue du Pré Closet - Parc des Glaisins 74940 Annecy Le Vieux.

Preamble

SAS Ateliers HeritageBike designs, develops, manufactures and assembles its products with passion and with the greatest care in order to offer its users exceptional products. The Made in France has an important place in its manufacturing process and its products are manufactured with a great know-how and expertise.

The general sales conditions (hereafter called "GSC") below concern the original customer of the products of Ateliers HeritageBike.

This version of the general sales conditions in English is a translation of the general sales conditions in French. In case of dispute, the arbitration will be done on the basis of the French text.

Article 1

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

Article 2

The customer accepts without reserve the GSC as well as the tariffs. He declares and recognizes to have a perfect knowledge of them. The validation of each order of a product Ateliers HeritageBike involves the total acceptance of the present GSC. The on-line order constitutes a legally binding offer of the customer to conclude a sale 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 Data Protection Act, the customer has a right of access, rectification and opposition to the transfer of his 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 authorized to treat and record the data relating to the various sales contracts insofar as that is necessary for the completion and the execution of the sales contract and as long as the law obliges it to preserve these 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 required to communicate data.

Article 5

All the prices of the products Ateliers HeritageBike are in euros all inclusive of tax for Metropolitan France. For the foreigner and the DOM TOM, the customer must obligatorily consult SAS Ateliers HeritageBike in order to know the methods which apply to his country or territory. For this last case, expenses of port and packing, customs and import duties, or other tax are likely to be exigible. The products of SAS Ateliers HeritageBike are reserved for the private individuals except special authorizations. The payments of the purchases of products Ateliers HeritageBike are done by bank cards or bank transfers. An invoice will be automatically edited as of reception of the payments.

In case 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 a solution even of a refunding. If the goods are identified " Available in stock " in the on-line store at the time of the placing of order by the customer, SAS Ateliers HeritageBike preserves the goods in stock during a period of five working days as from the confirmation of order. If the payment does not reach it during this period, SAS Ateliers HeritageBike is authorized to remove the goods from stock at any time.

The products Ateliers HeritageBike are dispatched from Monday to Friday except public holidays to the delivery address indicated by the customer. SAS Ateliers HeritageBike cannot be held for person in charge in the event of external events being able to delay a delivery like social movements like strikes, exceptional climatic conditions or prohibitions of circulation.

Article 7

At the time of the reception of the products Ateliers HeritageBike at the customer's, this last will profit immediately from the transfer of the risks of loss and deterioration of the products Ateliers HeritageBike. The customer commits himself checking immediately the state of the Ateliers HeritageBike products delivered to exclude any defect or anomaly due to transport or manufacture. The customer commits himself informing immediately SAS Ateliers HeritageBike of any concern.

Except contrary express mention of its share, the SAS Ateliers HeritageBike delivers only against payment in advance. The delivered goods remain property of SAS Ateliers HeritageBike until the integral payment by the customer. The customer commits himself handling the goods with care during the existence of the reserve of property.

If the supplied goods are affected by a defect of conformity, the customer can require the elimination of the defect by the repair or the delivery of goods free of defect by the replacement. SAS Ateliers HeritageBike can refuse the choice of the customer if this choice involves a cost obviously disproportionate 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 retractation of 14 days as from the date of the order. If the delivery was carried out within this time, the customer must then turn over with the invoice and in its packing of origin the product Ateliers HeritageBike. The products already used or returned incomplete, damaged or dirtied by the customer will not be taken back and that without any 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 does not constitute in any way an offer, but rather a non-binding incitement for the customers to place an order.

SAS Ateliers HeritageBike is not responsible for the slight differences of colors or sizes compared to those indicated on the site www.ateliers-heritagebike.com : these differences are not considered as errors, no refunding will be thus due, that it is for the expenses of delivery or for the product. The size guide on the website www.ateliers-heritagebike.com 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 guide of the sizes on the pages of products of the site www.ateliers-heritagebike.com are not imputable to SAS HeritageBike

Article 10

The products of Ateliers HeritageBike are warranted, 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 the flax fiber elements or the paint. In general, manufacturers' warranties for components apply within their terms.

The warranty applies only to the original owner.

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

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

The warranty 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 of the purchaser,
• Accidents, falls, jumps, overloading or other abnormal or excessive use,
• Modification of the frame or the fork (for ex. engraving or painting), addition or transformation of additional components not expressly validated by SAS Ateliers HeritageBike or replacement of the components assembled by its care by components of different nature, or other major modification carried out on the bicycle,
• Incidence of elements or external agents (natural disaster, fire, moisture),
• Use in a manner that does not comply with technical and safety standards.

SAS Ateliers HeritageBike does not assume any responsibility (whatever the cause) for the damage due to an action of the customer (in particular with a nonconforming or unsuited use of the goods by the customer), with the unforeseeable and insurmountable fact of a person foreign to the contract or with a case of absolute necessity.

The customer commits himself respecting the instructions given by SAS Ateliers HeritageBike to profit from the warranty.

The products Ateliers HeritageBike 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 nonrespect of the legislation by the customer. The responsibility towards the customer of SAS Ateliers HeritageBike is limited to the damage resulting from a manifest negligence or caused intentionally.

Article 11

The products sold by SAS HeritageBike to the customer profit:

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

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

• benefits from a 2 years deadline as from the delivery of the product to act;
• can choose between the repair or the replacement of the product, subject to the conditions of cost envisaged by the article L217-9 of the code of the consumption;

The legal warranty of conformity applies independently of the commercial warranty 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 and on any support, is subjected to the preliminary and explicit authorization of SAS Ateliers HeritageBike.

Article 13

For any complaint or question, the customer must contact the after-sales service by mail at the address of the showroom : 2 avenue du Pré Closet - Parc des Glaisins 74940 Annecy Le Vieux.

Terms of use of the Heritage Origine, Heritage Heroes, Heritage Origine x Valeo, Heritage Style and Heritage Altitude bikes

• The Heritage Origine, Heritage Heroes and Heritage Origine x Valeo bikes are designed for all-terrain cruiser use. They should be used on terrains without major obstacles. The Heritage Style bike is designed for urban use, on asphalt roads or paths without roughness or obstacles. The Heritage Origine, Heritage Heroes, Heritage Origine x Valeo and Heritage Style bikes should not be used for mountain biking. The Heritage Altitude bike is designed for mountain bike use.
• It is compulsory to respect all national regulations defining the authorized use of electric bikes, in particular the highway code or any requirements concerning the presence of lights or a bell on the bike when you use it.
• The bicycles of SAS Ateliers HeritageBike must be maintained regularly by respecting the indications provided in their respective user's manual.
• It is forbidden to clean the bicycles of SAS Ateliers HeritageBike with large water or with water under pressure. It is forbidden to immerse any electronic component present on a bike of SAS Ateliers HeritageBike, in particular the battery.
• It is prohibited to open the engine block or to modify it. It is forbidden to modify or adapt components to the engine in order to improve its performances.
• Batteries must be handled with care according to the instructions in the user's manual of the corresponding bicycle, those on the battery label and those on the battery charger label. They must only be charged with their original charger.
• Any use apart from the rules above stated and the obvious safety rules release completely the responsibility of the SAS Ateliers HeritageBike.

Condition of use of the Heritage Side trailer

• The Heritage Side trailer (hereinafter referred to as "the Trailer") must be used on a smooth and unobstructed road surface.
• Driving at night or in poor visibility is prohibited. The customer must equip the trailer with additional, approved safety lights for driving in poor visibility.
• The driving with the trailer must be appropriate and must take into account the different angles and congestion. The speed must not exceed 25 km/h in a straight line and 10 km/h in a curve. It is forbidden to exceed 45° of angle in curves.
• Turns are to 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 adjusted to the child's height. The child must always be seated correctly and never, even when stationary, be in a standing position. The child must wear a safety helmet.
• It is essential to prevent the child from taking out any part of the body, clothing or toy and coming into contact with the rolling parts.
• It is strictly forbidden to leave the child unattended.
• The maximum weight of the child cannot exceed 16 kg.
• It is not recommended to use the trailer for transporting an animal.
• The maximum load when transporting goods must not exceed 24 kg.
• The cargo inside the Trailer must not exceed the Trailer and all loads must be properly secured.
• The Trailer must not be altered in any way.
• A safety flag should always be used.
• The grid on the back of the trailer and the windscreen on the relevant versions are not holding supports 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 trailer to the bicycle.
• The customer must check the compatibility of the Trailer with his or her own bike before purchase.
• The trailer is currently undergoing approval for safety standards and the transport of children must therefore wait for this approval.
• Any use apart from the rules above stated and the obvious safety rules release completely the responsibility of SAS Ateliers HeritageBike.