Terms and Conditions of Sale
SASU MANUFACTURE FRANCAISE DU CYCLE , zi la Seiglerie 44270 MACHECOUL, au capital de 6000000€ SIRET 791771 223 00017FR 38834927832.
These terms and conditions are valid from 1 March 2019.
Article 1. Scope and application
1.1. These Terms and Conditions of Sale apply to all orders placed on the website Sunn.fr(hereinafter the "Site"). The applicable terms will be those in force on the Site at the time of ordering.
1.2. By ordering a product, the Customer unconditionally accepts these Terms and Conditions of Sale and fully agrees to comply with them. These Terms and Conditions of Sale prevail over any other customer document, and particularly over any terms of purchase, unless prior express consent has been given by our Company.
1.3. Any documents other than these Terms and Conditions of Sale, and particularly the Terms and Conditions of Sale shown in our company's stores, catalogues, prospectuses, marketing materials and instructions, are for guidance and information purposes only and cannot be considered contractually binding in any way.
1.4. Under these Terms and Conditions of Sale, the Customer is any natural person, excluding professional buyers, aged 18 years or over, with the legal capacity to place an order on the Site and to comply with these Terms and Conditions of Sale, or with the parental consent to do so, along with any legal person not retailing the products sold on the Site.
Article 2. Products
The Sunn.frsite describes the essential characteristics of the products and services available for sale.
If, despite all the precautions taken, there are any errors in these descriptions, Sunn.frcannot be held liable.
Moreover, the Customer is invited to read the instructions or any other information accompanying the product or attached to the product or its packaging, particularly information associated with:
- any precautions of use,
- any conditions and restrictions of use,
Although every effort is taken to ensure that the colour of the products in the photos displayed on the Site are faithful to the original products, variations may occur, particularly due to the technical limitations of rendering colours on your computer equipment. As a result, the photographs illustrating the products alongside the text are not contractually binding. Consequently, Sunn.frcannot be held liable on the basis of such photographs.
By agreeing to the Terms and Conditions of Sale when confirming their order, the Customer takes full responsibility for the personalisation chosen and any resulting consequences.
Article 3. Prices
Prices are shown in euros and include all taxes (inclusive of taxes). VAT is calculated and applied according to the rate in force at the time of ordering.
- Exclude shipping costs, which are payable by the Customer,
The Customer will be informed of all of these prices prior to confirming the order.
Article 4. Orders
The Customer places their order following the process used by Sunn.fr. This process is as follows:
- The Customer selects the various products they wish to order.
- The Customer selects the delivery method. At this point, the Customer will be informed of the shipping costs associated with the order.
- The Customer selects the payment method: * By bankcard (Online payment)
- The Customer receives an order confirmation email.
When placing their first order, the Customer will be required to provide all the necessary personal information that will enable Sunn.frto effectively process future orders and deliveries, particularly their last name, first name, postal address or addresses, email address, and telephone number or numbers.
All the Customer's information is protected by a personal password entered by the Customer and which they alone can change at any time.
The Customer can change their personal information always and at any time.
The products are available to Customers for as long as stocks last. Moreover, Sunn.frundertakes no obligation to honour all the orders received on its site. However, Sunn.frdoes agree to inform the Customer of any complete or partial unavailability of the products ordered, according to the terms outlined in Article 5 of these Terms and Conditions of Sale.
Sunn.frreserves the right to refuse to deliver an order to a Customer with whom there has been a prior dispute.
Sunn.fralso reserves the right to refuse to deliver an order to a Customer whose address information is incomplete or inaccurate and prevents the delivery from being made.
Sunn.frreserves the right to ask the Customer for proof of address (electricity or telephone bill, etc.), when the amount or content of the order justifies such a request.
Sunn.frshall not be responsible for the consequences of any events beyond its control, particularly cases of force majeure, which may hinder, delay or prevent Sunn.frfrom taking an order online.
Sunn.fr is the recipient of the data concerning your order. Without the data concerning your order, we cannot process or analyse your transaction.
Non-payment due to fraudulent use of a bankcard will result in the registration of the details relating to the unpaid order in a payment incidents file operated by PayPal.
Any anomaly or inaccurate declaration may also be subject to specific processing.
According to the French Data Protection Act (Loi Informatique et Libertés) of 6th January 1978, you have the right, at all times, to access, rectify and oppose any of your personal data by sending a letter, along with proof of identity,to MANUFACTURE FRANCAISE DU CYCLE, Sunn.fr, service consommateurs BP6 Zi la Seiglerie, 44270 MACHECOUL.
Article 5. Product availability
If some of the products should become permanently unavailable after the order has been confirmed, Sunn.frwill inform the Customer by email as soon as possible. In response to this email, the Customer will have 48 hours in which to cancel their order if they so wish.
Beyond that 48-hour period, or if there is no explicit response from the Customer, the available products ordered will be delivered.
If all the products ordered should become permanently unavailable after the order has been confirmed, Sunn.frwill cancel the order and will inform the Customer by email.
The Customer's account will only be charged for the amount of the products or services ordered and actually delivered, along with the shipping costs associated with the delivery.
In the event that the Customer's account has already been charged for the full amount of the initial order, a refund for the unavailable products or services and the associated shipping costs will be made as soon as possible.
Article 6. Delivery
For their deliveries, the Customer may choose, at the time of ordering, between:
- delivery to the address given when placing the order (for mainland France), by a carrier chosen by Sunn.fr.
Sunn.frshall do its best to deliver to the Customer's address within seven working days, for mainland France, from the date of the order (general delivery time).
The delivery date, given to the Customer on the site Sunn.frat the time of ordering, is for information only and cannot be taken as a firm commitment on the part of Sunn.fr.
For products ordered by a Customer and delivered to a collective address (hospitals, CE, holiday camps, etc.), the delivery service provided by the Sunn.fr carrier stops at the address given by the customer at the time of the order, even if the products are received by a third-party.
Additional transport to take the Product to the Customer, shall not be the responsibility of Sunn.fr.
The following delivery addresses shall not be accepted: hotels, military bases.
Sunn.frcannot be held responsible for any events beyond its control, particularly cases of force majeure or those relating to the carrier, which may hinder, delay or prevent delivery of the products to the Customer.
No compensation, damages or interest will be paid to the Customer in the event of non-delivery by the carrier, or if the delivery date given on the Sunn.frsite is not met.
Sunn.frreminds the Customer that they must carefully verify and check the condition of the Products upon delivery. Any anomaly noted at the time of delivery (damaged packaging or missing, damaged or broken Products), the Customer:
- must note all the necessary reservations on the delivery receipt,
- must notify the carrier of such reservations by registered post with acknowledgement due within 3 working days following the delivery,
- will have 3 working days to inform Sunn.fr by registered post with acknowledgement due.
If no reservations are noted in due form on the delivery receipt, the Customer shall not be able to bring any claim against Sunn.fr concerning the delivery of the Products.
For orders over 500 euros, the delivery period is a maximum of two months.
For any returns following a non-compliant delivery, or refused or abandoned order (by the Carrier) due to absence during delivery, Sunn.fr will invoice the Internet user a fee covering:
- The cost of transporting the product to the Customer,
- A returns processing fee of up to €15.
The product will be physically shipped once payment of these fees has been received from the Customer.
Article 7. Shipping costs
Except where otherwise specified, the Customer shall pay the shipping costs of orders delivered by carrier.
The Customer is informed of these shipping costs on the www.Sunn.frsiteat the time of ordering.
These costs are also shown on the order confirmation emails sent to Customers.
Shipping costs, in euros inclusive of taxes, for bicycles are fixed rate.
These are detailed below:
· Bicycle shipping costs:
STANDARD delivery in mainland France, excluding CORSICA: For bicycles a fixed cost of €19.90 incl. of taxes for the first bicycle will be invoiced to the customer, and the shipping costs for each additional bicycle will be €10 incl. of taxes.
PREMIUM delivery in mainland France, CORSICA: For bicycles, a fixed cost of €39.90 incl. of taxes for the first bicycle will be invoiced to the customer, and the shipping costs for each additional bicycle will be €20 incl. of taxes.
· Parts shipping cost:
Mainland France (incl. Corsica): fixed rate of €6 incl. of taxes, no additional cost if there is a bicycle in the order.
Shipping costs are likely to change without prior notice.
For all orders placed by a customer, bicycles will be delivered by a specific carrier chosen by Sunn.fr.
The Customer cannot, under any circumstances, oblige Sunn.frto choose a specific transport provider.
Article 8. Order payment
The Products ordered by the Customer must be paid for at the time of ordering, by bankcard (debit card, visa or Eurocard, Mastercard) or via PayPal.
For certain deliveries outside mainland France, payments from foreign banks may be accepted. In all cases, payments will be exclusively in EUROS.
The Customer's payment will be paid into the bank a few days after confirmation of the order.
Under the terms provided for in Article 5 of these Terms and Conditions of Sale, and in the event that Sunn.fr is unable to ship all or part of the order, the Customer's account will not be charged for the unshipped product or products or for the associated shipping costs.
The Customer's bank data is encryption protected and will not transit through or be stored on the Sunn.fr information systems.
Products shall not be shipped before receipt of the amount due.
In all cases, any payments made prior to the Customer's final confirmation of the order are deposits.
Article 9. Ownership – Transfer of risks
The products ordered and shipped remain the property of Sunn.fruntil full payment by the Customer has been made and effectively received in full.
However, the Customer assumes all risks (notably loss, theft or damage) related to the products as and from the date of the product's delivery.
Article 10. Right of withdrawal
In accordance with Article L 121-16 of the French Consumer Code (Code de la consommation), the Customer has a seven-day cooling-off period from the date on which the products are delivered.
To exercise their right to withdraw and return all or some of the products ordered, the customer should first contact Customer Services at the following email address: contact@Sunn.fr
In the days following this contact, the customer will receive, by email, a returns form that they must attach to the returned product. In the absence of this form, the product return will be considered non-compliant and will be processed according to the conditions provided for in Article 12 of these Terms and Conditions of Sale.
If the Customer exercises their right to withdraw, the Product must be returned in its original packaging and accompanied by any accessories and instructions. The returned product must also be in perfect condition and must not, under any circumstances, have been used or worn.
Any product returns that are incomplete, spoiled, damaged, used or soiled will be considered non-compliant and will be processed according to the conditions provided for in Article 12 of these Terms and Conditions of Sale.
The Customer is free to choose the shipping method for returning the Product or Products to Sunn.fr. The return costs are the responsibility of the Customer. Depending on the shipping method chosen, the Customer is responsible for packing and wrapping the products to avoid damage during return transit.
The Customer will be refunded by bank transfer as soon as the product, returned under the Customer's right to withdraw, is received by Sunn.frand as long as the return is compliant.
Refunds will be made within 30 days of receiving the returned product in our warehouses.
Only the price of the Product ordered will be refunded to the Customer, excluding any ancillary costs, and particularly the shipping costs, paid by the Customer at the time of placing the initial order.
Article 11. Product exchanges
In addition to the cooling-off period detailed in Article 10 of these Terms and Conditions of Sale, the Customer can request to exchange the Product in three cases:
- The Product delivered does not match the Product ordered.
- The size of the delivered product matches the size of the Product ordered, but does not suit the customer.
- The Product was delivered defective to the Customer because of the carrier.
In all cases, the Customer has 48 hours from receipt of the product to request Sunn.fr for an exchange, by email or by telephone. In the days following this request, the Customer will receive, by email, instructions for returning the Product to be exchanged along with a returns form that must be attached to the returned product.
In the absence of this form, the product return will be considered non-compliant and will be processed according to the conditions provided for in Article 12 of these Terms and Conditions of Sale.
On receipt of these instructions, the Customer has 7 (seven) days to return the Product.
Regardless of the circumstances, the Customer must contact Sunn Customer Services by email at the following email address:contact@Sunn.fr, giving all the information relating to the claim as well as the information relating to the order (order no., bicycle ref., order date).
Specific instructions will then be given. These instructions substitute points 11a, 11b and 11c of these Terms and Conditions of Sale.
The Product must be returned in its original packaging and accompanied by any accessories and instructions. The returned product must also be in perfect condition and must not, under any circumstances, have been used or worn.
Excluding the case of Products that are delivered defective because of the carrier, any product that is returned incomplete, spoiled, damaged, used or soiled will be considered non-compliant and will be processed according to the conditions provided for in Article 12 of these Terms and Conditions of Sale.
On receipt of a compliant product returned for an exchange, Sunn.frwill exchange and reship the Product within 7 (seven) working days. However, Sunn.frshall not be liable for non-receipt of the parcel sent by the Customer.
In the event that the product returned by the Customer is no longer available for exchange on the date of return, Sunn.frwill refund the Customer.
A) The Product delivered does not match the Product ordered.
In this case, Sunn.frwill cover the shipping costs for returning and reshipping the exchanged product to the Customer.
b) Although the Product delivered matches the Product ordered, it does not suit the customer.
In this case, all shipping costs incurred by returning the product for exchange are payable by the Customer. The costs of reshipping the exchanged Product are paid by Sunn.fr.
The Customer may choose the shipping method for returning the product for exchange to Sunn.fr. Depending on the shipping method chosen, the Customer is responsible for packing and wrapping the products to avoid damage during return transit.
c) The Product was delivered defective to the Customer because of the carrier.
Sunn.fr reminds the Customer that they must carefully verify and check the condition of the Products upon delivery. Any anomaly noted at the time of delivery (damaged packaging or missing, damaged or broken Products), the Customer:
- must note all the necessary reservations on the delivery receipt,
- will have three working days to inform Sunn.fr.
If no reservations are noted in due form on the delivery receipt, and within three days, the Customer shall not be able to bring any claim against Sunn.fr concerning the delivery of the Products.
The Customer will receive instructions by email for returning the Product that was delivered defective.
The Product that was delivered defective must be returned by the Customer, in the condition received, in accordance with the instructions provided.
Article 12. Non-compliant returns
Articles 10 and 11 of these Terms and Conditions of Sale set out the terms of compliance and non-compliance of Product returns or exchanges.
Any non-compliant return will result in the product being returned to the Customer. All the shipping costs incurred in reshipping the Product to the Customer shall be payable by the Customer.
The Customer will be informed by email concerning the non-compliance of the item they returned. This email will contain the information required to pay, by bankcard, the shipping costs associated with returning the Products to the Customer.
Products will be returned to the Customer as soon as full payment of the shipping costs has been received.
Article 13. Legal guarantees
Independently of the commercial warranty, and in accordance with regulation, Sunn.fragrees to meet its obligations concerning the guarantees associated with the products sold on its site. These guarantees are shown in the articles taken from the French Consumer Code (Code de la Consommation) and Civil Code (Code Civil) below:
The seller is duty bound to deliver a product that complies with the contract, and will respond to non-compliance issues that arise at the time of delivery. The seller is also responsible for non-compliance issues resulting from the packaging or assembly instructions, or from the installation if this is entrusted to the seller in the contract or carried out under their responsibility.
Consumer Code (Code de la Consommation) - Article L211-4 To comply with the contract, the item must:
1) Be appropriate for the use generally intended of a similar item and, where applicable:
- match the description provided by the seller and have the qualities that the seller presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer can legitimately expect with regard to the public declarations made by the seller, manufacturer or by their representative, particularly in the advertising or labelling;
2) or present the characteristics mutually agreed by the parties or be suitable for any special requirement of the buyer, made known to the seller and to which the latter agreed. (Consumer Code (Code de la Consommation) - Article L211-5)
Action resulting from defects in conformity lapses after two years from the date of delivery of the item. (Consumer Code (Code de la Consommation) - Article L211-12)
The seller is liable for concealed defects that prevent the item sold from being suitable for its intended use, or that reduce this use to the point that the buyer would not have purchased it, or would have demanded a lower price had they known about them. (Civil Code (Code Civil) - Article 1641)
Action resulting from latent defects must be initiated by the buyer within a period of two years after the defect has been disclosed.
Our bicycles are guaranteed against any manufacturing defect:
- For life for rigid frames (ALLOY AND STEEL).
- 5 years for full-suspension frames.
- 5 years for carbon frames.
- 2 years for suspension forks.
Components are guaranteed for 2 years (excluding wear and tear).
Details of these guarantees will be set out by Sunn.fr Customer Services.
Any request to return an item, under legal guarantee and/or commercial warranty, must comply with the following rules:
- Contact SUNN at firstname.lastname@example.org, which will identify whether or not the claim can be accepted and will describe the method for carrying out such a claim.
- The Product must be returned in its original packaging or in packaging that provides maximum protection for the item (cardboard box, palette, etc.).
- The Customer shall re-use or buy a suitable container. Sunn.fr shall not be required to provide the Customer with this packaging or pay for its purchase.
- Any returned item not meeting the product packaging or optimum protection requirements will be considered non-compliant and will be processed as such, according to Article 12.
- The claim will be rejected.
- Products may only be returned after contacting and receiving the approval of Sunn.fr Customer Services.
Article 14. Customer Services
For any information or queries, contact Sunn.fr:
- by email at the following address: contact@Sunn.fr
- by post at:
MANUFACTURE FRANCAISE DU CYCLE, Sunn.fr Service consommateurs, BP6 ZI la Seiglerie, 44270 MACHECOUL
Article 15. Intellectual Property
All the material on the www. Sunn.frwebsite:
- visual or sound content,
- including the underlying technology and developments, are protected under copyright and as intellectual property worldwide.
Any Customer owning a personal website and, more generally, any third-party wishing to place a link on their site referring directly to the home page of the Sunn.fr site is authorised to do so provided that express approval from Sunn.fr has been obtained.
This approval will not, under any circumstances, constitute an implicit affiliation agreement.
Article 16. Liability
Sunn.fronly has a best-effort obligation with regard to its Customer, particularly when accessing the different pages of the site, and during the order process, the delivery or any service after the delivery.
Sunn.fr cannot be held liable for any inconvenience or damage resulting from use of the Internet such as service outages, hacking or the presence of computer viruses or any event deemed as force majeure, as recognised by law.
Sunn.frcannot be held responsible for any immaterial or physical damage that may result from improper use of the products sold on its site.
Article 17. Personal data
The information collected during order entry is subject to automated processing for the management and follow-up of the order.
This data is collected only for the purposes of ensuring smooth deliveries, improving the quality of the service and, more generally, responding more effectively to Customer requirements. This data cannot, under any circumstances, be transferred outside of our company.
In accordance with the amended French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, the Customer has the right to access, modify, rectify and delete the data concerning them. The Customer can exercise this right by sending an email from the "Contact" section of the Site or by sending a letter to Customer Services
MANUFACTURE FRANCAISE DU CYCLE
BP6, 27 Rue Marcel Brunelière
Article 18. Governing law and jurisdiction
These Terms and Conditions of Sale are subject to French law. Any dispute relating to their interpretation and/or their enforcement comes under the jurisdiction of the ordinary courts.