TERMS & CONDITIONS  

Manufacture Française du Cycle SASU, ZI La Seiglerie, 44270 Machecoul-Saint-Même, France, capital of €6,000,000, SIRET business registration no. 791 771 223 00017, EU VAT no. FR38834927832

These Terms & Conditions for Manufacture Française du Cycle, whose head offices are located at 27 rue Marcel Brunelière, 44270 Machecoul-Saint-Même, France, will be applicable as from 1 March 2019.

Article 1. Purpose and scope

1.1. These Terms & Conditions apply to all orders placed on the website Sunn.fr (hereinafter referred to as the “Website”). The applicable Terms & Conditions are those in effect at the time when the order was placed.

1.2. All product orders entail the full and unreserved acceptance and approval hereof by the customer placing the order (hereinafter the “Customer”). These Terms & Conditions take precedence over any other Customer documents, including their own terms and conditions, unless our company has given its express, prior agreement otherwise.

1.3. All documents other than these Terms & Conditions, in particular the terms and conditions posted at our company’s shops, our catalogues, our brochures, our advertisements and our manuals, are purely provided on an information, indicative basis and shall not under any circumstances be endowed with any contractual value.

1.4. For the purposes of the Terms & Conditions, a Customer is any natural person (excluding professional buyers) who is at least 18 years of age and who has the legal capacity to place an order on the Website and comply with these Terms & Conditions or who has parental permission allowing them to do so, as well as any legal entity that does not retail the products sold on the Website.

Article 2. Products

The Website describes the main features and characteristics of the products and services that are available for purchase on it. If, in spite of the precautions we take, any errors should appear in those descriptions, Sunn shall not be held liable for such errors. In addition, the Customer is encouraged to review the user manuals and any other information enclosed with a product or appearing on the product or its packaging, particularly information relating to:

1) Any user precautions;

2) The conditions of and restrictions on use of the product;

3) Product upkeep.

Although every effort is made to ensure that the colours in the product photos that appear on the Website are true to the originals, variations may occur, namely as a result of technical limitations on computer hardware renders different colours. As a result, the photographs are provided as product illustrations, in support of the text, and are not contractually binding. Under no circumstances may Sunn be held liable on the basis of those photographs. The Customer, in accepting the Terms & Conditions upon submission of their order, accepts full responsibility for the requested personalisation and any consequences thereof.

Article 3. Pricing

All prices are displayed in euros, inclusive of value added tax (VAT). VAT is calculated and applied at the rate in effect at the time of order placement.

These prices are understood as being exclusive of any shipping costs which are borne by the Customer.

The Customer will be notified of those costs before final confirmation of the order.

Article 4. Order placement

The Customer places their order according to the process in effect on Sunn.fr. That process breaks down as follows:

– The Customer selects the product(s) they want to order.

– The Customer selects a delivery method. At this time, the associated shipping costs are displayed.

– The Customer selects a payment method, such as debit/credit card (for online payment).

– The Customer receives an order confirmation email.

When placing their first order, the Customer will be required to provide all the necessary information about themself so that Sunn can effectively manage all current and future orders and shipments, including the Customer’s full name, postal address(es), email address and telephone number(s). All of the Customer’s information is then protected by a password chosen by the Customer, which they may modify at any time. The Customer can also edit their personal information at any time. The products are offered to Customers subject to availability. Consequently, Sunn in no way commits to honouring every order received via the Website. However, Sunn undertakes to inform the Customer if any part or all of the ordered product(s) are unavailable, under the conditions set forth in Article 5 hereof. Sunn reserves the right to refuse to ship an order to a Customer in the event of past disputes with the latter. Likewise, Sunn reserves the right to refuse to ship an order to a Customer whose address information is incomplete, unclear or in any other way does not allow for delivery to be planned under the right conditions. Sunn reserves the right to ask the Customer for proof of residence (such as a utility bill) where justified by the total price or the contents of the order. Sunn declines all responsibility for the consequences of any incidents outside its control – particularly in the case of a force majeure event – that may obstruct, delay or impede online order placement.

Sunn has an order analysis (fraud detection) system, so information relating to the Customer’s order undergoes automatic data processing whose controller is PayPal. The purpose of this automated data processing is to define a level of analysis for the transaction and prevent debit/credit card fraud. Sunn is the recipient of your order-related data. Failure to communicate the required information for your order will impede your transaction’s analysis and therefore fulfilment. If payment is declined on the grounds of fraudulent use of a debit/credit card, the account information will be registered in a payment incident file created by PayPal.

Any improper or incorrect information may likewise undergo specific processing.

Article 5. Product availability

In the event that part of an order becomes definitively unavailable after it was placed, Sunn will notify the Customer by email as soon as possible. In response to that email, the Customer will have forty-eight (48) hours in which to cancel their order, if they so choose.

Once those 48 hours have passed, in the absence of an explicit response from the Customer, the available portion of the order will be shipped.

In the event that an entire order becomes definitively unavailable after it was placed, Sunn will cancel the order and notify the Customer by email. The Customer’s account will only be charged for products and services that were ordered and actually shipped, as well as the associated shipping costs. If the Customer’s account was already charged for the full amount of the original order, a refund will be issued as soon as possible, equal to the total price of the products and services that were not shipped plus the associated shipping costs.

Article 6. Shipping

For order shipments, the Customer can choose, when placing an order, the available option is shipment to the address (within metropolitan France) provided during order placement by a carrier chosen by Sunn.

Sunn will make every effort to deliver the Customer’s order in metropolitan France within seven (7) business days of order confirmation (a lead time that is usually met). The delivery lead time indicated to the Customer on the Website at the time of order placement is an indication only and does not constitute a firm commitment on the part of Sunn. If a Customer orders products for shipment to a shared address (a hospital, works council, holiday camp, etc.), the products will be delivered by Sunn’s carrier to the exact address provided by the Customer when placing the order, so long as the order can be received by a third party.

Sunn is not responsible for having the products taken all the way to the Customer.

The following shipping addresses are not allowed: hotels and military bases. Sunn shall not be implicated or held liable for any incidents outside its control – particularly in the case of a force majeure event or an incident caused by the carrier – that may obstruct, delay or impede the shipment or delivery of the ordered products to the Customer. No compensation or damages shall be paid to the Customer in the event of the carrier’s failure to deliver an order or in the event of non-compliance with the delivery lead times indicated on the Website.

Further, Sunn reminds the Customer of their obligation to carefully verify and inspect the condition of the products upon delivery. In the case of any anomalies (damaged packaging, missing, damaged or broken products, etc.), the Customer:

– Must make a note of the relevant reservations on the delivery slip;

– Must send a statement of reservations to the carrier by registered letter with acknowledgement of receipt within three (3) business days;

– Will have three (3) business days to notify Sunn of the reservations by registered letter with acknowledgement of receipt.

If these reservations are not duly recorded on the delivery slip, the Customer will not be able to lodge a claim with Sunn in the name of the products’ shipping and delivery.

For orders in excess of €500, the delivery lead time will be no more than two (2) months.

For any returns made due to a non-compliant shipment, a declined order or an order not collected (from the carrier, etc.) in the event that the Customer was absent at the time of attempted delivery, Sunn will charge the Customer for:

– The shipping costs to the Customer’s address;

– A restocking fee of €15.

The replacement products will be shipped upon payment of those charges by the Customer.

Article 7. Shipping charges

Unless otherwise agreed, the Customer will bear the cost of their products’ shipment.

Those charges are indicated on the Website www. sunn.fr at the time of order placement.

Those amounts are also stated in the order confirmations emailed to the Customer.

These shipping charges, expressed in euros inclusive of VAT, are dependent on the total weight of the order and/or are flat charges for bikes, as follows:

• Bike shipping:

Metropolitan France, excluding Corsica: A flat charge of €20 for the first bike and €10 per additional bike.

Metropolitan France, Corsica: A flat charge of €40 for the first bike and €20 per additional bike.

• Other shipping:

Metropolitan France (including Corsica): A flat charge of €6; no charge if the order includes a bike.

Shipping charges are subject to change without special notice. In any case, bikes will be delivered to the Customer by a special carrier chosen by Manufacture Française du Cycle.

Under no circumstances may the Customer impose their own choice of carrier.

Article 8. Order payment

The products ordered by the Customer are payable upon order placement, by cheque against a bank in France made out to Manufacture Française du Cycle, by debit/credit card (Visa, Eurocard or Mastercard) or via PayPal (with or without a PayPal account). For certain shipments outside metropolitan France, payments may be accepted from foreign banks. In any case, payments are to be issued exclusively in EUROS.

The Customer’s payment will be deposited within a few days of order placement.

Under the conditions laid down in Article 5 of these Terms & Conditions, and in the event that Sunn is unable to ship all or part of the order, the Customer’s account will be credited for the price of the unshipped product(s) as well as the associated shipping charges, as swiftly as possible.

Sunn uses PayPal’s secure payment systems (SSL protocol).

For transactions made by debit/credit card, the Customer will automatically be connected to the PayPal server.

The Customer’s bank or card information will be encrypted and will not be sent to, or therefore stored by, Sunn’s information systems.

Any late payments will automatically accrue late fees in the amount of three (3) times the legal interest rate then in effect, beginning on the first day late.

For orders paid by CHEQUE, Manufacture Française du Cycle will set aside the ordered product(s) while awaiting receipt and clearance of a cheque in the amount of the order.

No products will be shipped before the amount owed has been received and cleared. In any case, any amounts paid prior to final confirmation of the order by the Customer will be considered as advance payments.

Article 9. Retention of ownership – Transfer of risk

Products that have been ordered and delivered will remain the property of Sunn until such time as the Customer’s payment in full has been received and cleared.

However, the Customer assumes all risks (namely including loss, theft of damage) relating to the delivered products, from the actual date of their delivery.

Article 10. Right of withdrawal

Pursuant to Article L121-16 of the French Consumer Code, the Customer has seven (7) days from the date of delivery of the ordered products in which to change their mind.

To exercise this right of withdrawal and return some or all of the ordered products, the Customer will first need to contact Customer Service at contact@sunn.fr.

Within a few days of that contact, the Customer will receive an email with a return slip which they must necessarily enclose with the returned product(s). In the absence of that slip, the product return will be deemed non-compliant and will be processed in accordance with the conditions laid down in Article 12 hereof.

If the Customer chooses to use their right of withdrawal, each product must be returned in its original packaging, accompany by any and all accessories and manuals. Further, returned products must be in perfect condition and never have been used or worn.

Any products that are returned incomplete, damaged, used or dirty will be deemed non-compliant and will be processed in accordance with the conditions laid down in Article 12 hereof.

The Customer is free to choose any mode of transport through which to return the product(s) to Sunn. The associated return shipping charges will be the Customer’s responsibility. As a function of the selected mode of transport, the Customer will be responsible for packaging and wrapping the products so they can travel with no risk of damage.

The Customer’s refund will be issued in the form of a credit to the bank account associated with the debit/credit card they used to pay for the original order, or by cheque if that was the original payment method, once the product returned in the name of the Customer’s right of withdrawal has been received by Sunn, with no return non-compliance issues detected.

The refund will be issued within thirty (30) days of receipt of the return at our depots.

Only the price of the ordered and returned product will be refunded to the Customer, excluding all related charges, especially shipping costs, that were borne by the Customer at the time of placement of the original order.

Article 11. Product exchanges

Aside from the right of withdrawal explained in Article 10 hereof, the Customer may request an exchange of a product in the following three (3) scenarios:

• If the delivered product does not match the ordered product;
• If the size of the delivered product matches the size of the ordered product but does not work for the Customer;
• If the ordered product was delivered to the Customer with a defect caused by the carrier.

Regardless of the scenario, the Customer will have forty-eight (48) hours from receipt of the ordered product to request its exchange from Sunn, either by email or telephone. Within a few days of that contact, the Customer will receive an email containing instructions for returning the product they want to exchange, along with a return slip which they must necessarily enclose with the product returned for an exchange.

In the absence of that slip, the product return will be deemed non-compliant and will be processed in accordance with the conditions laid down in Article 12 hereof.

Upon receipt of those instructions, the Customer will have seven (7) days in which to ship the product back.

Whatever the Customer’s scenario, they must contact Sunn Customer Service by sending an email to contact@sunn.fr, presenting all the relevant information about the order and their complaint (order number, bike product number, order date, etc.).

The Customer will then be given special instructions. Those instructions will replace points 11a, 11b and 11c below.

Each product must be returned in its original packaging, accompany by any and all accessories and manuals. Further, returned products must be in perfect condition and never have been used or worn.

Aside from the scenario in which the product was delivered to the Customer with a defect caused by the carrier, any products that are returned incomplete, damaged, used or dirty will be deemed non-compliant and will be processed in accordance with the conditions laid down in Article 12 hereof.

Upon receipt of a compliant product returned for exchange, Sunn will perform the exchange and ship the new product to the Customer within seven (7) business days. It is however recalled that Sunn shall not be held liable for non-receipt of the Customer’s return shipment.

If the product returned by the Customer is no longer available for exchange on the effective return date, Sunn will issue a refund to the Customer, as outlined below.

1. A) If the delivered product does not match the ordered product

In this scenario, Sunn will cover the return shipping costs as well as the cost of shipping the exchange order to the Customer.

1. B) If the delivered product matches the ordered product but does not work for the Customer

In this scenario, all shipping costs associated with returning the product for exchange will be borne by the Customer, and Sunn will cover the cost of shipping the exchange order to the Customer.

The Customer is free to choose any mode of transport through which to return the product to Sunn for exchange. As a function of the selected mode of transport, the Customer will be responsible for packaging and wrapping the products so they can travel with no risk of damage.

1. C) If the ordered product was delivered to the Customer with a defect caused by the carrier

Sunn reminds the Customer of their obligation to carefully verify and inspect the condition of the products upon delivery. In the case of any anomalies (damaged packaging, missing, damaged or broken products, etc.), the Customer:

• Must make a note of the relevant reservations on the delivery slip;
• Will have three (3) business days to notify Sunn of those reservations.

If these reservations are not duly recorded on the delivery slip within three (3) business days, the Customer will not be able to lodge a claim with Sunn in the name of the product’s shipping and delivery.

The Customer will receive an email containing instructions for returning the product that was delivered with a defect.

The Customer must return the product that was delivered defective, in the same condition as it was received, in accordance with the instructions sent to the Customer.

Article 12. Non-compliant product returns

Articles 10 and 11 above outlined the conditions for the compliance or non-compliance of returned and exchanged products.

Any non-compliant product returns will be sent back to the Customer, with all the associated shipping costs charged to the latter.

The Customer will be notified by email of their non-compliant product return. That email will contain the necessary information for the Customer to make payment of the aforementioned associated shipping costs by debit/credit card.

The product(s) will be shipped back to the Customer immediately upon payment in full of those shipping charges.

Article 13. Statutory warranties

Aside from our commercial warranties, and in accordance with regulation, Sunn undertakes to adhere to the obligations set for in the warranties attached to the products sold on the Website, as set forth in the below articles of the French Consumer Code and the French Civil Code.

According to Article L217-3 of the Consumer Code, the seller is bound to deliver a product that is compliant with the contract and musts answer for any compliance defects at the time of delivery. The seller is likewise responsible for any compliance defects stemming from the product’s packaging or assembly or installation instructions where assembly or installation is the seller’s responsibility under the contract or was carried out under the seller’s responsibility.

Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects in the item sold that make the item unsuitable for its intended use or that diminish its use so much that the buyer would not have acquired, or would only have paid a lesser price for it, had the buyer been aware of those defects.

Article 1648 of the Civil Code: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.

Our bicycles are protected by warranty against manufacturing defects:

• For life for rigid frames (aluminium or steel);
• Two (2) years for full suspension frames;
• Two (2) years for carbon frames;
• Two (2) years for suspension forks.
• Two (2) years for parts (excluding wearing parts).

The conditions for warranty coverage are defined by Sunn Customer Service.

All requests to return a product under a statutory and/or commercial warranty must adhere to the following procedure and rules:

– The Customer must contact Sunn After-sales Service at sav@sunn.fr, which will determine whether or not the issue is covered by warranty and will define how it will be handled.

– The Customer must return the product in its original packaging or in packaging that offers maximum protection to the product (box, pallet, etc.).

– The Customer is responsible for obtaining a compliant packing container. Sunn is not bound to provide that packaging or reimburse the Customer for its purchase.

– Any returned product that does not comply with its optimal packaging and storage conditions will be deemed non-compliant and treated as such, in accordance with Article 12 above.

– In that case, the product will not be covered by warranty.

– All product returns must only be made after first contacting and receiving the approval of Sunn Customer Service.

Article 14. Customer Service

Sunn Customer Service is available to provide information and answer questions. They can be reached:

• By email sent to contact@sunn.fr;
• By post sent to Manufacture Française du Cycle, Sunn Service Consommateurs, BP6  ZI la Seiglerie, 44270  MACHECOUL.

Article 15. Intellectual property

All the elements on the Website are protected by copyright and intellectual property rights covering entire world, and including its:

• Texts;
• Images;
• Audio and/or visual files;
• The technology and developments underlying those elements.

Any Customer with a personal website, and more generally any third party that wishes to do so, may place a simple hyperlink on their website directing visitors to the Website’s home page, on condition of obtaining the express authorisation of Sunn.

If granted, that authorisation shall not, under any circumstances, be construed as an implicit affiliation agreement.

Article 16. Liability

Sunn only has a best endeavours obligation towards the Customer, particularly when the latter visits the various pages of the Website, during the order placement process, during shipping and delivery, and in providing post-delivery services. Sunn’s liability shall not be incurred for any inconveniences or damage inherent to use of the internet, namely including the disruption of service, intrusion by unauthorised third parties, the presence of computer viruses or any occurrence that qualifies as a force majeure event as defined by French courts of law.

Nor may Sunn’s liability be incurred on the grounds of any economic loss or bodily injury ensuing from the improper use of the products sold on the Website.

Article 17. Named information

The information collected during order placement is automatically processed for the purpose of managing and tracking that order.

The sole aim of this data collection is to make successful deliveries, improve quality of service and more generally better meet the Customer’s expectations. Under no circumstances will those data be transferred outside our company.

Pursuant to the French Data Protection Act of 6 January 1978, as amended, the Customer has the right to access, edit, rectify and erase their data. They may exercise this right by sending an email via the Website’s “Contact” page or a letter to Customer Service at MANUFACTURE FRANCAISE DU CYCLE, 27 rue Marcel Brunelière 44270 MACHECOUL-SAINTMEME, (A l’attention du service Sunn.fr)

Article 18. Applicable law and jurisdiction

These Terms & Conditions are governed by French law. Any disputes relating to their interpretation and/or execution fall under the jurisdiction of the relevant courts.