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GENERAL TERMS AND CONDITIONS OF SALE OF MOTOMATCH SARL FOR ITS ONLINE SALES WEBSITES

XADV SHOP - AFRICA TWIN SHOP - NT1100 SHOP - TRANSALP 750 SHOP - CB650 SHOP - CB HORNET SHOP - CB500 SHOP - FORZA 750 SHOP - NC700 SHOP - NX500 SHOP - FORZA 125 SHOP - CB1000R SHOP - TENERE 700 SHOP - MT09 SHOP - TRACER 9 SHOP

Between the company MOTOMATCH SARL, with a share capital of €15,000, registered in the Belfort Trade and Companies Register under number SIRET 938 537 164 00015, represented by Mr. Paul PETITJEAN as Managing Director, duly authorized for the purposes hereof. The company can be contacted by email through the contact form available on the homepage of the website or by phone at 03.74.47.60.60.

Hereinafter referred to as the "Seller" or the "Company".

On the one hand,

And the individual or legal entity purchasing products from the company,

Hereinafter referred to as the "Buyer" or the "Customer",

On the other hand,

It is hereby agreed as follows:

PREAMBLE

The MOTOMATCH websites specialize in the remote sale of accessories and spare parts for motorcycles of all major market brands such as Honda, Yamaha, Kawasaki, etc. MOTOMATCH SARL adheres to the rules of distance selling as established, notably in the consumer protection laws:

- Information about products and delivery times

- Exercise of the right of withdrawal

- Dispute resolution and warranties

- Protection of personal data

ARTICLE 1: PURPOSE

The parties agree that their relationship will be governed exclusively by these General Terms and Conditions of Sale (GTCS), which determine their rights and obligations in the context of the online sale of products offered by the seller.

ARTICLE 2: GENERAL PROVISIONS

These General Terms and Conditions of Sale apply to all product sales made through the company's websites, which are an integral part of the contract between the buyer and the seller. The seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTCS are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTCS are available on the company's websites via a direct link on the homepage. The company also ensures that their acceptance is clear and without reservation by implementing a checkbox and a validation click during an order. The customer declares having read all of these General Terms and Conditions of Sale, and, if applicable, the Specific Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The customer acknowledges having received the necessary advice and information to ensure the suitability of the offer for their needs. The customer declares to be legally able to contract, under French law, or to validly represent the individual or legal entity for which they are acting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

ARTICLE 3: PRICE

The prices of products sold through the websites are indicated in Euros, including all taxes, excluding shipping fees, and are precisely determined on the product description pages. During promotions, the initial price is displayed. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the site and on the invoice.

The company reserves the right to modify its prices at any time for future sales. The telecommunications costs necessary to access the company's websites are borne by the customer. Where applicable, pre-sale advice and delivery costs are also the responsibility of the customer.

Promotional discount vouchers, whether one-time or regular, as well as advantages offered to specific customers, allow obtaining a more favorable price than the public price. The company reserves the right to modify the rules of use of these codes and advantages at any time, and without dispute from the customer.

Moreover, discounts related to partnerships with Francophone communities (Facebook, forums, and other media) are reserved for Francophone customers. Discounts and rebates offered in partnership with international communities have no language or country restrictions. These remain subject to change at the company's discretion.

The company also reserves the right to cancel any order not meeting the criteria for obtaining a discount or any order with a manifestly incorrect price, without further justification and without prejudice to the customer.

ARTICLE 4: CUSTOMS DUTIES AND TAXES

For international sales (outside the European Union), by validating their order, the customer is informed and agrees that customs duties or other local taxes, import duties, or state taxes may be required by their country. Any order commits the customer to pay these amounts.

The DAP Incoterm (Delivered at Place) on the invoice means that the seller is responsible for transportation to the specified delivery location, but customs clearance is the responsibility of the buyer (importer).

Depending on the chosen carrier, it is the buyer's responsibility to pay any advance fees (DHL) and/or handle any specific import procedures upon the arrival of the package.

Depending on the destination of the package and its value, the seller may contact the buyer to initiate the shipment. In the event of cancellation following this contact, the customer will be refunded only the amount of their order, minus payment and refund fees.

Similarly, if the customer rejects their responsibility to pay customs duties for countries subject to this regime (including the United Kingdom since Brexit), goods returned to the sender (the seller) are eligible for a refund, minus shipping fees mentioned on the original order invoice as well as any return fees (transport and possible taxes).

ARTICLE 5: CONCLUSION OF THE ONLINE CONTRACT

The customer must follow a series of specific steps for each product offered by the seller in order to complete their order.

However, the steps described below are mandatory:

- Information on the essential characteristics of the product

- Selection of the product, if applicable, its options

- Indication of essential customer details (identification, address, etc.)

- Acceptance of these General Terms and Conditions of Sale

- Verification of the order details and, if necessary, correction of errors

- Following the instructions for payment, and payment for the products

- Delivery of the products

The customer will then receive confirmation by email of the payment for the order, as well as an acknowledgment of receipt confirming the order. For delivered products, this delivery will be made to the address provided by the customer (home or collection point or customized choice depending on the carrier). For the proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the customer agrees to provide true identification details. The seller reserves the right to refuse the order, for example, in case of an abnormal request, bad faith, or any legitimate reason.

ARTICLE 6: PRODUCTS AND SERVICES

The essential characteristics of goods, services, and their respective prices are made available to the buyer on the company’s websites. The customer acknowledges having received details of the delivery fees as well as the payment, delivery, and contract execution terms. The seller commits to honoring the customer's order within the limits of available stock. If unavailable, the seller will inform the customer. These contractual details are presented in full and in French (translation for international customers). In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of the products offered for sale are not contractually binding. The validity period of the product offer as well as their prices is specified on the company’s websites, along with the minimum duration of the contracts when they involve a continuous or periodic supply of products or services. Unless stated otherwise, the rights granted under these terms are solely for the individual signatory of the order (or the person holding the provided email address). In accordance with legal provisions regarding compliance and hidden defects, the seller refunds or exchanges defective products or those not corresponding to the order. Refund requests can be made by contacting customer support on the website or by mail.

ARTICLE 7: PRODUCT APPROVALS

As part of its online sales activity of motorcycle products, the seller may sell non-approved parts for road use. In this regard, the seller reminds that:

In France: The use of non-approved exhausts, as well as items that may modify the engine or motorcycle characteristics, is reserved for competitions where such modifications are typically allowed. It is prohibited to use them on public roads. Any modification of the vehicle's characteristics compared to its approval in France renders it unfit for road use. The customer purchasing non-approved parts cannot, under any circumstances, dispute the fact that they were not informed of the non-approval of the item sold.

Outside France: The customer must comply with the laws and regulations in force in their country regarding the approval and use of products.

For any legal condition, the seller's liability cannot be engaged in issues known by the customer using a product outside the intended framework, especially regarding road approvals.

ARTICLE 8: RESERVATION OF OWNERSHIP CLAUSE

The products remain the property of the company until the full payment of the price.

ARTICLE 9: DELIVERY TERMS

The products are delivered to the delivery address indicated at the time of the order and according to the specified delivery time. This time is reiterated at the time of order confirmation and in the confirmation email. It does not include the preparation time for the order by the seller's logistics services. When the customer orders several products at once, unless otherwise stated, delivery is made in a single package within a time frame including the supply of the slowest product.

If there is a delay in dispatch beyond the initially expected time, the customer is notified as soon as possible to validate their acceptance of the new delivery times. In the case of significant and unacceptable delays, the customer has the option to cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The seller will then refund the product and "outbound" shipping costs under the conditions of Article L 138-3 of the Consumer Code. The seller provides a contact phone number (local call cost from a landline / free from the internet) listed on the site to track the order.

The delivery price is clearly indicated during the order confirmation. The calculation of this price is linked to:

- The weight of the package

- The delivery country

- The chosen carrier, who applies a specific rate depending on the quality and speed of their service

In the case of a significant error in the shipping price calculation due to an inaccuracy in the package size/weight or because of a surcharge imposed by the carrier (fuel, remote zone), the buyer will be contacted to adjust the situation. If the buyer refuses the new pricing conditions, the order is canceled and refunded.

ARTICLE 10: DISPUTES CONCERNING DELIVERY

Disputes related to delivery by the seller's shipping services are handled on a case-by-case basis according to the available tracking data and the information provided by the buyer.

Late / Blocked / Lost Parcel

In France:

A 48-hour period is expected to file a complaint with the carrier, who will provide a precise location of the parcel within a week. Depending on the outcome of the investigation, a solution is proposed to the buyer (waiting for the parcel's arrival, refund, reshipment).

For international shipments:

- With the Post (most economical service): the customer is informed that the investigation period for a lost or undelivered parcel is 3 months. If the carrier provides no conclusion, the parcel is considered to be in transit, and the buyer cannot request a new shipment or refund (which would duplicate the original parcel being shipped to the delivery address).

- With Chronopost / DHL (premium express services): a 72-hour period is expected to file a complaint with the carrier, who will provide a precise location of the parcel within 10 days. Depending on the results of the investigation, a solution is proposed to the buyer (waiting for the parcel's arrival, refund, reshipment).

Disputing Delivery

Since parcels are delivered against signature, any dispute over proof of delivery to obtain compensation from the seller must be accompanied by an affidavit summarizing the situation, an identity document, and a receipt of the filed complaint for the reported acts (signature fraud / identity theft, theft / receiving stolen goods).

Receipt of Incorrect Goods

The seller reminds that keeping a wrongly received parcel is an illegal act and punishable by law. In case of receiving an incorrect parcel or surplus goods, the buyer must immediately contact the seller to arrange the return of the goods at the seller's expense. If the buyer fails to take action, they must respond to the seller’s requests as soon as possible. MOTOMATCH will systematically file a complaint in case of clear abuse by customers.

Damaged or Missing Goods

The seller reminds that once the customer physically takes possession of the products, the risks of loss or damage are transferred to them. It is the customer's responsibility to notify the carrier of any issues with the delivered parcel and inform the seller of any damage or problems with the items received immediately after opening the package.

ARTICLE 11: AVAILABILITY AND PRESENTATION

Orders will be processed within the limits of available stock or subject to stock availability from the company's suppliers. In the event that an item is unavailable for a period exceeding 15 working days, the customer will be notified as soon as the new expected delivery dates are known, and the order for the item may be canceled upon simple request. The customer may then request a credit note for the amount of the item or a refund.

ARTICLE 12: PAYMENT

Payment is required immediately at the time of order, including for pre-ordered products. The customer may pay by credit card, bank check, SEPA transfer, or PayPal account funds (with the option to pay in 4 installments). Cards issued by banks outside France must be international credit cards (such as Visa or Mastercard). Online secure payment by credit card is processed by our payment provider PayPlug (BPCE). The information provided is encrypted according to current security standards and cannot be read during transmission over the network (SSL encryption). Once the customer initiates payment, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay made by card is irrevocable. By providing their banking information during the sale, the customer authorizes the seller to charge their card for the amount corresponding to the indicated price. The customer confirms they are the legal holder of the card and that they are legally entitled to use it. In case of error, or if the card cannot be debited, the sale is immediately canceled by law, and the order is voided.

For other payment methods such as checks, SEPA transfers, or PayPal, the order preparation process begins once payment is validated and successfully received.

ARTICLE 13: RIGHT OF WITHDRAWAL

In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to justify any reason or pay any penalties, except for, where applicable, the return shipping costs." "The aforementioned period begins from the receipt of the goods or the acceptance of the offer for services."

The right of withdrawal must be exercised by contacting the company via support on the website or by mail.

The Company informs Customers that, in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for custom-made accessories/parts (color, customization, size, etc.) or parts with specific characteristics. This right is also not valid in cases where parts have been installed on a motorcycle. Furthermore, it does not apply to official spare parts from manufacturers that are no longer in stock at the central warehouses and are ordered upon request from private companies with residual stock (dead stock).

In case of exercising the right of withdrawal within the above-mentioned period, only the price of the purchased product(s) and the shipping costs will be refunded; the return shipping costs remain the responsibility of the customer. The returned products must be in their original condition, complete (packaging, accessories, instructions, etc.) so that they can be resold as new; they should, if possible, be accompanied by a copy of the proof of purchase.

In the specific case of a parcel in transit at the time of withdrawal, the buyer must wait for the parcel to be received before exercising their right of withdrawal. Moreover, if the order cancellation was not communicated before the parcel departure as part of its normal processing, the return costs remain the responsibility of the buyer.

In accordance with legal provisions, a standard withdrawal form to be sent to the support via email or postal mail is available from the company.

If the product return is confirmed and the return condition is validated, the refund will be initiated within 72 hours via the payment method used by the customer.

ARTICLE 14: WARRANTIES

In accordance with the law, the seller provides two guarantees: compliance and hidden defects guarantees for the products. The seller will refund the buyer or exchange any products that are apparently defective or not in line with the order. The refund request must be made in the same manner as for withdrawals: either by contacting online support, by mail, or by phone.

The seller reminds the consumer:

- The consumer has a 2-year period from the delivery of the goods to take action with the seller.

- A repair, exchange, or refund will be offered based on the product, its defect, and the most convenient options provided by the supplier.

- The consumer is exempt from proving the existence of the defect in conformity of the goods during the 2-year period following delivery.

- The consumer may also invoke the guarantee against hidden defects under Article 1641 of the Civil Code, in which case, they may choose between the cancellation of the sale or a reduction of the sale price (according to Articles 1644 of the Civil Code).

ARTICLE 15: COMPLAINTS

If applicable, the buyer may submit any complaint by contacting the company through online support, mail, or phone.

ARTICLE 16: INTELLECTUAL PROPERTY RIGHTS

The domain names, products, software, images, videos, texts, or generally any information subject to intellectual property rights used by the seller are and remain the exclusive property of the seller or their business partners.

No transfer of intellectual property rights is made under these terms and conditions. Any total or partial reproduction, modification, or use of these items for any reason is strictly prohibited.

The seller reminds that they use brand names, visuals, or product lines from their suppliers for the proper presentation of their catalog. The names in question remain the exclusive property of the companies that operate them and grant MOTOMATCH the right to be part of their distribution network and, as such, present their products by the most suitable means.

ARTICLE 17: FORCE MAJEURE

The execution of the seller's obligations under these terms is suspended in the event of the occurrence of an unforeseen event or force majeure that prevents execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 18: NULLITY AND AMENDMENT OF THE CONTRACT

If one of the provisions of this contract is annulled, this annulment will not result in the annulment of the other provisions, which will remain in force between the parties. Any contract modification will only be valid after written and signed agreement from both parties.

ARTICLE 19: PROTECTION OF PERSONAL DATA

In accordance with the French Data Protection Law of January 6, 1978, you have the rights to inquiry, access, modification, opposition, and rectification of the personal data concerning you. By agreeing to these general terms and conditions of sale, you consent to the collection and use of these data for the execution of this contract. By entering your email address on one of our network sites, you may potentially receive emails containing information and promotional offers regarding products edited by the Company. You may unsubscribe at any time by clicking the link at the end of our emails or by contacting the data processing manager via email or traditional mail.

We monitor the traffic on all of our sites. To do this, we use trackers like Google Analytics. These data remain anonymous and are used solely for statistical purposes. A third-party cookie management system allows you to activate or deactivate cookies at any time.

ARTICLE 20: APPLICABLE LAW

All clauses in these general terms and conditions of sale, as well as all purchase and sale operations referred to herein, will be governed by French law.

INFORMATION

Last update of these terms and conditions published on 13/03/2025 at the company's headquarters in Fesches-le-Châtel and on the group's websites.