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Origine Cycles website Terms & Conditions of use

Origine Cycles website Terms & Conditions of use

1. Field of application

1.1. These Terms & Conditions apply to all orders and sales processed through the website www.origine-cycles.com between “Us” (Origine Cycles SAS, our registered address
550 rue Marc Jodot 59220 Rouvignies - France,
our business n° 788 687 069 as registered at Companies’ House, Valenciennes, France), hereinafter referred to as "Origine", “We” or, “Us”, and “You”, an individual customer, hereinafter referred to as ‘Customer”, “You”, or, “Yours”.

1.2 Use of the website, and particularly when ordering items on the website, implies complete understanding and acceptance by You of these conditions, overriding all other agreements plus any of Your own possible Terms & Conditions.

1.3 Any specific terms and conditions of sale notified to You by Us shall take precedence over any clauses of the same nature contained in Our General Terms & Conditions of sale.

1.4 We reserve the right to alter, modify, change these Terms & Conditions at any time. They are reputed to be immediately applicable to any incomplete and future orders.

2. Stock / Product availability

2-1. All orders received by Us are subject to availability of the ordered items. If an item is unavailable upon our receipt of the order, We shall inform You by e-mail asking You if You wish to alter or cancel Your order.

2-2. We reserve the right to change the technical composition of available products and this at any time, without the need to give any formal or prior notice.
It is Your responsibility, if You do not consider Yourself sufficiently knowledgeable, to seek assistance directly from one of Our advisors, or by contacting Us using the contact form found on the website for further information prior to confirming Your order.
Product specifications are indicated in the product details and confirmed in the pre-order summary. These specifications take precedence over any photographs.

2-3. For any export sales, for delivery outside mainland France, We have published specific delivery charges for each destination. You are informed of these charges upon confirming Your order or by email within a few days of ordering. Your order is considered valid and processed upon Your written acceptance and payment of these.

3. Price

The prices shown on the website are given in Euros, inclusive of VAT and exclusive of any further charges. There may be costs for assembly, packaging, and delivery. Our prices can be modified at any time. The prices shown on the order after its confirmation and processing are firm and final. The customer cannot claim compensation if prices drop after confirmation of the order. In the event of delivery to overseas departments and territories and outside the European Community, the customer may have to pay additional customs duty and taxes which are not shown on the order (Delivered At Place incoterm).

3-1. Contribution to the costs of assembly, packaging, and delivery. The costs are calculated according to the models or options chosen by the customer, the volume, the weight, and the nature of the articles. The price of these services is then indicated in the shopping basket recap before confirmation of the order.

4. Ordering

By following the instructions found on the website, You will need to create a customer account with a login and password prior to placing a first order. All requested fields of information must be completed and approved by Us. A sale is only confirmed once full payment has been made and Origine has sent You an email of confirmation.

5. Payment

5-1. Only payments by bank card, with an expiry date more than one calendar month further to the date of order, cheques accompanied by proof of identity, bank transfers or any other means of payment proposed by Origine at the time of ordering. For payment by bank card, You will need to enter Your card details on to Our secure server. We retain a copy of all website connection data. To prevent money laundering and to protect Your interests, We may ask You for proof of Your identity, Your address and the method of payment used, to confirm the sale, in which case, an order shall only be processed upon receipt of the requested proof. We reserve the right to cancel an order if the requested documents are not received or later found to be non-compliant. Special conditions may be set with payment deadlines.
Failure to pay an outstanding sum on its due date(s), will attract a penalty of 1.5 times the official ECB rate of interest. We or Our representative retain the right to recover the goods from You after formal notice, to pay all sums due, has been served on You and remained unanswered. Going further, We reserve the right to lawfully suspend or cancel any other ongoing orders and/or to cancel orders already delivered, and this without any prior notice having to be served. You will be notified of the execution of our lawful right by recorded delivery letter. Origine reserves the right to claim damages and interest irrespective if the situation is resolved or the sale cancelled.
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6. Cancelling an order

6-1. You benefit from a right to withdraw from a sale within 30 days from the date of receiving Your order (the delivery note being proof) (Art. L221-18 and following of the French Consumer Code for the first 14 days, plus Our voluntary addition of a further 16 days, for a total of 30 days). Should You wish to exercise this right, You must inform us either via the Website Contact page or by recorded delivery letter to Our registered office, providing Your contact details and the invoice number. If the request complies with Our stated Terms & Conditions, for items delivered by a carrier, such as a bike or frameset, Origine will organise the return of the items at Our cost, You must return the goods in their original condition and packaging.
For items received in the post or by fast delivery, You must return the carefully packed goods by post at Your cost.
If the returned goods satisfy Our Terms & Conditions, a refund will be credited to the same account used for payment.
Your right to withdraw is refused if,
- You inform Us of Your wish to cancel the order after the expiry of the 30-day withdrawal period.
- The product was built to Your specifications, different to an existing product found on the site, as per Article L. 221-28 of the French Consumer Code.
- The product for return has been altered.
- The article has been returned damaged.
- Not all component and spare parts, accessories or instructions supplied with the item, have been returned.
-The item’s state of wear and tear renders it unsuitable for re-sale as a new product.

6-2. Origine reserves the right to cancel or refuse any order from a customer with whom there is, or has been, a dispute relating to a previous order.

7. Delivery

The delivery time for items for sale and for those configurated on the website is indicated in the Delivery page on the website : Delivery
The delivery time for items that have been custom built or specifically adapted for a customer is only confirmed once all the details of the order have been finalised.
The delivery time will only start to run from the day on which all the details relating to the preparation of the order have been finalised, sizes and order confirmed, and full payment received.
In the event of a delay in the delivery of an order, You may contact us by recorded delivery letter to insist on delivery within a period that You consider to be reasonable. Should delivery still not have been made by this date You may cancel Your order, informing Us by e-mail or post. In this case, We will fully refund You the total amount within 14 days of order cancellation.
Under no circumstances shall We accept any penalties or claims for late delivery, whatever the reason. Whatever, delivery can only occur within indicated dates if You have fully met all Your commitments to Origine.

8. Transfer of risk – checking delivered items

Upon receipt of Your order, You must check the state of the packaging. If the package or the items appear to be damaged You should make a note of this on the delivery note in the space provided for comments.

9. Delivery management

Any further costs incurred for deliveries returned to Us by the transporter with the words, "Does not live at the address indicated", "unclaimed", or "refused", are Yours to bear. The amount will be deducted from the refund due should You exercise Your right to withdraw from the sale.

10. Transfer of ownership

The transfer of ownership of ordered goods will only occur once full payment of the price and any accessory costs, surcharges, penalties and interest as specified in the contract of sale. An electronic signature, in the form of a ''double-click'' at the time of placing the order and its processing, is perceived to have the same lawful value of a handwritten signature, formally contracting both parties to one another.

11. Warranty

Warranty: All Origine frames are guaranteed for life, except for swingarms and suspension mechanisms which are only guaranteed for 2 years. This warranty applies only to the first purchaser and is not transferable in the event of resale.
Wheels are guaranteed for 2 years, except for lateral and radial buckling, offset and spoke tension adjustments which are guaranteed for 6 months only. Thereafter the maintenance and adjustments of these parts is the customer's responsibility at their cost to bear.
Other component parts including paintwork and any decoration are guaranteed for 2 years, except for all wearing parts.

Some products may have different warranty periods. In this case, the duration is specified on the purchase invoice. This may be the case for products specified as decommissioned or second-hand.

If a product is immobilised for more than 7 days due to a problem that falls within the scope of the warranty, the warranty is extended by the period for which the product cannot be used.
The warranty remains limited to the first purchaser and is not transferable in the event of resale.

Conditions: The guarantee applies against any manufacturing defect; it does not cover normal wear and tear of components.

In accordance with the provisions of the French Civil and Consumer Codes, You benefit from the legal guarantee of conformity and the automatic guarantee relating to defects of items for a period of 2 years after their date of sale.

The repair or replacement of a component does not extend the warranty period.

In accordance with the technical specifications, bikes are designed and guaranteed for a maximum rider weight of 110 kg, including their equipment and accessories.

The warranty covers the use of the product by a private individual for leisure purposes. It does not cover competition or rental use.

If We can repair the defect under warranty, You may not demand cancellation of the sale, nor replacement by a new product nor a reduction in price.
How to claim under warranty, You should address Your request to Our After-Sales Service using the contact form on the website, providing all the information requested. If in doubt, You should also contact us by telephone.

Repairs or replacements under warranty can only be carried out following Our prior agreement, and this by either Our own After-sales service or a bike technician approved by Us.

You should not, in any circumstances, return the product to Us without Our prior agreement. In this occurs, We may refuse the damaged product, and You will be solely responsible for the costs incurred and any damage occurring during transport.
For a return for repair or replacement of the product programmed by Us, We will bear the cost of return and delivery to You of the new or repaired item.

You must, where possible, carefully pack the product in its original packaging, with the return label, provided by Us, clearly affixed to the exterior surface of the packaging. Otherwise, the product may be lost or damaged and You will be solely responsible for the costs incurred and any damage occurring during transport.

If an original replacement part is not available, We may replace it with another part of equivalent or superior quality.

A claim within the terms of the warranty outside the original country of purchase may give rise to additional costs or restrictions.

Exclusions
All claims within the warranty terms will be refused in the following events,
Instructions for the maintenance, adjustment, use and all other requirements in the user's manual have not been followed,
Servicing or any repairs have not been carried out,
The problem has been caused by an incorrect set-up,
The problem is due to normal wear and tear of components (tyres, brake pads, cables and cable housing, chains, sprockets and chainrings, bulbs and batteries, seals, etc.).
The problem has been caused by damage to the paintwork or the consequences of such damage.
The frame has been fixed or tightened with a clamp (workshop stand, bike rack, turbo or smart trainer, etc.)
Alterations have been made to the product by the customer or by non-approved technicians,
The problem is due to a cause unrelated to the quality of the product (accident, impact, crash, etc.).
The product has been used for a purpose for which it was not designed (transporting more than one person at any one-time, overloading, jumping, chain crossing), even for a short period of time,
The product has been used for rental purposes,
You refuse to return the complete bike for inspection,
The bike has been handled or transported with the wheels or their axles/skewers removed that would have protected the frame against compression.

12. Jurisdiction/law

Origine declares its registered office to be its official address, as such this agreement is entirely subject to, and falls fully within the jurisdiction of, French law. In the event of a dispute or disagreement arising from the execution of a contract of sale or failure to fully settle the price, as well as the interpretation or non-execution of the above-mentioned clauses and conditions, the dispute shall be referred to the appropriate court of law as per the New French Code of Civil Procedure and the Consumer Code.

13. Protection policy – Your personal data

Origine complies with European Data Protection Regulations (GDPR).
Origine, in accordance with the legislation in force in France and in Europe, ensures the protection, confidentiality and security of the personal data of the users of the origine-cycles.com website and of its customers while respecting their privacy.

This policy informs you about the way in which Origine, its subcontractors and any partners process your personal data.
Your personal data is kept in France and will not be sold or made available to third parties under any circumstances.

Why does Origine process your data?
To process and confirm the identity of the customer
To process the order
To invoice and collect payments
To process the delivery of the order
To provide after-sales service
Handle any complaints or feedback
Customer management communications
Processing customer’s claim rights
Organising direct marketing operations
Survey customers or users
The data is kept for the time necessary to fulfil the purposes mentioned above.

What data is processed?
Identification data: Name, first name, email address
Data necessary for the management of the order: postal address for billing and delivery
Cookies and browsing data, to ensure the proper functioning of the site, to personalise your browsing, to measure traffic and performance, and to distribute relevant advertising.

Who will receive your data?
The data collected is intended for use by Origine's departments and its subcontractors.
Finally, the data collected may be transmitted to the competent authorities, at their request, in the context of legal proceedings, in the context of legal investigations and requests for information from the authorities or in order to comply with other legal obligations.

What are your rights?
You have the right to access, rectify and delete data that we hold about you. You can request the portability of your data. You also have the right to object to the processing carried out or to request its limitation.

You may exercise your rights at any time, in contacting our Data Protection Officer by email or at the address below:
Origine Customer Service, Personal Data Management,
550 rue Marc Jodot 59220 Rouvignies - France.

Any request to exercise your rights must be accompanied by a photocopy of proof of identity.

If you are unhappy with the manner in which Origine has handled your request, you may sublit a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory body responsible for the compliance with personal data obligations in France.