Terms & Conditions - B-DESIGN Store
These Terms & Conditions govern the sale of helmets, equipment and accessories offered by the B-DESIGN Store.
1. Seller identity
The B-DESIGN Store is operated, for its online sales activity, by:
ASSISTANCE DEPANNAGE AUTOMOBILE (ADA)
SARL (French limited liability company) with share capital of €7,622.45
29 avenue Barthélemy Thimonnier
69300 Caluire-et-Cuire - France
SIREN: 309 857 969
SIRET: 309 857 969 00047
RCS: 309 857 969 R.C.S. Lyon
EU VAT number: FR27 309857969
Managing Director: Jacques Brand
Email: info@b-design.fr
Phone: +33 (0)4 78 47 85 05
In these Terms & Conditions, the sales activity is referred to as B-DESIGN or the B-DESIGN Store.
2. Purpose and scope
These Terms & Conditions apply to sales made by the B-DESIGN Store, including helmets, equipment and accessories intended for motor racing and karting.
They apply to both individual and professional customers. Provisions expressly reserved for consumers do not apply to purchases made by a professional customer for business purposes, unless otherwise required by law.
The essential characteristics, price and availability of the products are presented on the product pages before the order is confirmed.
3. Products
Photographs, illustrations and product presentations are intended to allow customers to identify the main characteristics of the items offered for sale.
Slight differences in presentation, colour or finish may occur depending on screens, production batches or changes introduced by manufacturers, without affecting the conformity of the product supplied with the reference ordered.
4. Choice of model, size and homologation
The customer selects the model, size and reference corresponding to their requirements.
It is the customer's responsibility to check that the helmet or equipment selected is suitable for their morphology, intended use and the standards or homologations required by their discipline, championship, competition or sporting organisation.
B-DESIGN remains responsible for ensuring that the product actually supplied corresponds to the reference ordered and for the information expressly provided to the customer.
Where there is uncertainty regarding the size of a helmet that is subsequently to be painted by B-DESIGN, a fitting may be arranged under the conditions agreed with B-DESIGN before painting begins.
5. Prices
The prices displayed on the website are those applicable when the order is confirmed, subject to any obvious pricing error.
Prices may be changed at any time for future orders. The price charged to the customer is the price applicable when the order is confirmed.
Delivery charges, taxes, duties or other charges that may apply are shown or calculated before final confirmation of the order whenever technically possible.
6. Online orders
The customer selects the required products, enters the information necessary for the order, selects from the available delivery and payment methods and checks the order summary before confirming the order.
Confirmation of the order constitutes acceptance of these Terms & Conditions and an obligation to pay.
An order confirmation is provided to the customer on a durable medium, generally by email.
B-DESIGN may refuse or cancel an order for a legitimate reason, including inability to supply the product, an obvious anomaly, suspected fraud or a previous unresolved dispute, subject to applicable law.
7. Manually created orders
In certain circumstances, particularly where the sale of a helmet or accessories is connected with a B-DESIGN painting service, an order may be created or completed manually in the store management system.
The customer receives the necessary information concerning the products, the amount payable and the applicable payment arrangements.
B-DESIGN Store orders are intended to be paid using the electronic payment methods offered by B-DESIGN. Payment by cheque or bank transfer is not offered.
8. Payment by bank card, Apple Pay and PayPal
Payments by bank card and, where this option is selected, payments made using Apple Pay are processed through the secure Monetico - Crédit Mutuel payment solution.
Where an item is available, payments processed through Monetico are validated as part of the normal processing of the order.
For an item held in supplier stock, a payment processed through Monetico is validated when availability and the expected timeframe have been confirmed and are compatible with the order.
If the item is unavailable or the supplier's expected timeframe is too long and is not accepted by the customer, the Monetico transaction may be cancelled before funds are captured.
For payments processed through Monetico - Crédit Mutuel, the payment solution provides for a technical deferred period of up to 7 days, after which the transaction is automatically validated if it has not previously been validated or cancelled.
Where the customer chooses PayPal, payment is processed by PayPal in accordance with the arrangements applicable to that service. The technical deferred period of up to 7 days described above applies only to payments processed through Monetico - Crédit Mutuel and does not apply to PayPal payments.
The payment methods actually available are those offered to the customer when the order is confirmed.
9. Product availability
Product pages may in particular display the following information:
Delivery within 24/48 hours* - item in stock
* Delivery time may vary depending on the destination and shipping method selected.
Dispatch within 3 to 8 days* - supplier stock
* Subject to availability from the supplier.
If a product shown as being held in supplier stock becomes unavailable or its expected supply time increases significantly, B-DESIGN will inform the customer as soon as reasonably possible.
Depending on the circumstances, the customer may accept the revised timeframe, choose an alternative solution or obtain cancellation of the relevant order.
10. Delivery
Depending on the destination and available services, the delivery methods offered by B-DESIGN may include Colissimo, Chronopost, home delivery, delivery to a pickup point or parcel locker, and collection from the B-DESIGN workshop.
Only the delivery methods actually offered during the ordering process are available for the relevant destination.
The B-DESIGN Store accepts orders only for destinations actually made available to the customer by the website when the order is placed.
Delivery times depend in particular on product availability, the carrier selected and the destination.
For consumers, B-DESIGN will deliver the goods on the date or within the period stated to the customer in accordance with applicable law.
11. Collection from the B-DESIGN workshop
Where the customer chooses workshop collection, products will only be handed over once all amounts due in connection with the order have been paid in full.
Additional accessories may, subject to availability, be purchased separately at the time of collection and paid for using the payment methods then available.
The location and practical arrangements for collection are provided to the customer when availability for collection is confirmed.
12. Transfer of risk
For consumers, where the carrier is offered by B-DESIGN, the risk of loss or damage passes to the customer when the customer, or a third party designated by the customer other than the carrier, takes physical possession of the goods.
Where the consumer appoints a carrier independently and that carrier was not offered by B-DESIGN, the risk passes when the goods are handed over to the carrier selected by the consumer, in accordance with applicable law.
For workshop collection, risk passes when the product is physically handed over to the customer or to the person designated by the customer.
13. Retention of title
Products remain the property of B-DESIGN until payment of the full purchase price, without prejudice to the statutory rules governing transfer of risk.
14. Consumer right of withdrawal
Where a consumer purchases goods at a distance and no statutory exception applies, the customer has 14 days from receipt of the goods in which to exercise the right of withdrawal without having to provide a reason.
Where an order contains several goods delivered separately, the withdrawal period runs from receipt of the final item, batch or part where provided for by applicable law.
The consumer may exercise the right of withdrawal by using the standard form at the end of these Terms & Conditions or by making any other unambiguous statement expressing the decision to withdraw.
The request may in particular be sent to info@b-design.fr.
For distance contracts concluded through the online interface, B-DESIGN makes available to consumers a function allowing them to exercise their right of withdrawal directly online.
15. Exceptions to the right of withdrawal
The right of withdrawal does not apply, in particular, to goods made to the consumer's specifications or clearly personalised, under the conditions provided by law.
Depending on the characteristics of the order, this may include an embroidered item or an item produced with a name, marking or specifications specific to the customer.
Where this exception applies, the customer is informed before the order is placed.
16. Returns following withdrawal
Unless B-DESIGN provides a different address, the consumer must return the goods to:
B-DESIGN
29 avenue Barthélemy Thimonnier
69300 Caluire-et-Cuire - France
The goods must be returned without undue delay and no later than 14 days after the consumer communicates the decision to withdraw, unless B-DESIGN offers to collect the goods.
The consumer is responsible for arranging the return of the product and bears the direct cost of returning it.
The consumer is advised to use a return method appropriate to the nature and value of the product and allowing proof of shipment to be retained.
The consumer may be liable for any reduction in the value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning.
17. Refund following withdrawal
Where the right of withdrawal is validly exercised, B-DESIGN will refund the amounts due without undue delay and no later than 14 days after being informed of the consumer's decision to withdraw.
For the sale of goods, B-DESIGN may withhold the refund until the goods have been recovered or until the consumer provides evidence that the goods have been dispatched, whichever occurs first.
Where required by law, the refund includes the original delivery charges up to the cost of the least expensive standard delivery method offered for the relevant order and destination.
Accordingly, where the customer chooses an express delivery method that is more expensive than an available standard delivery method, the additional express delivery cost is not refunded.
The refund is made using the same payment method as that used for the original transaction unless another method is expressly agreed and does not result in any cost to the consumer.
18. Statutory guarantees
Consumers benefit from the French statutory guarantee of conformity for two years from delivery of the goods where a lack of conformity appears. During this period, the consumer must establish the existence of the lack of conformity but does not have to prove the date on which it first appeared.
Where the sales contract provides for digital content or a digital service to be supplied continuously for more than two years, the statutory guarantee applicable to that digital content or service applies throughout the agreed supply period.
Where necessary, the seller must provide the updates required to maintain conformity of the goods.
The consumer may request repair or replacement of the goods. The goods must be brought into conformity free of charge, without significant inconvenience to the consumer and within no more than thirty days after the request.
Where goods are repaired under the statutory guarantee of conformity, the original guarantee period is extended by six months.
Where the consumer requests repair but the seller requires replacement, a new two-year statutory guarantee period begins from the date on which the replacement goods are supplied.
The consumer may keep the goods and obtain a price reduction, or terminate the contract and obtain a full refund against return of the goods, in particular where:
- the seller refuses to repair or replace the goods;
- repair or replacement takes place after the thirty-day period;
- repair or replacement causes significant inconvenience to the consumer, including where the consumer ultimately bears certain costs associated with recovery, removal or installation;
- the lack of conformity remains after an unsuccessful attempt to bring the goods into conformity.
The consumer may also obtain an immediate price reduction or terminate the contract where the lack of conformity is sufficiently serious to justify doing so without first requesting repair or replacement.
Termination of the sale is not available where the lack of conformity is minor.
Any period during which the goods are unavailable because they are being repaired or replaced suspends the remaining statutory guarantee period until the repaired or replacement goods are supplied.
These rights arise in particular under Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs implementation of the statutory guarantee of conformity may be subject to a civil fine of up to €300,000, which may, under the conditions provided by law, be increased to up to 10% of average annual turnover.
The consumer also benefits from the French statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code for two years from discovery of the defect. Subject to the statutory conditions, this guarantee may entitle the consumer to a reduction in price while keeping the goods or to a full refund against return of the goods.
The professional legally responsible for these statutory guarantees is the entity operating the B-DESIGN Store:
ASSISTANCE DEPANNAGE AUTOMOBILE (ADA)
29 avenue Barthélemy Thimonnier
69300 Caluire-et-Cuire - France
Phone: +33 (0)4 78 47 85 05
Email: info@b-design.fr
19. After-sales service and complaints
For any enquiry relating to an order, return, delivery or guarantee, the customer may contact B-DESIGN at info@b-design.fr.
To help B-DESIGN process the request, the customer is invited to provide the order number and, where useful, photographs or documents allowing the issue to be identified.
20. Professional customers
Rights granted specifically to consumers under French consumer law, including the right of withdrawal and consumer mediation, do not apply to purchases made by a professional customer for business purposes unless otherwise required by law.
Unless otherwise agreed in writing, orders placed by professional customers are payable immediately under the payment arrangements applicable to the order. No payment period is granted and no discount is offered for early payment.
If an amount due by a professional customer is paid late, late-payment interest becomes automatically payable from the day following the due date without any prior reminder. The applicable rate is the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
A professional customer who pays late is also automatically liable for the statutory fixed recovery charge of €40. Where the actual recovery costs incurred exceed this amount, additional compensation may be claimed on supporting evidence in accordance with applicable law.
21. Consumer mediation
Following a prior written complaint to B-DESIGN that has not resulted in a satisfactory solution, the consumer may refer the matter free of charge to B-DESIGN's designated consumer mediator:
CM2C
49 rue de Ponthieu
75008 Paris - France
Website: www.cm2c.net
Phone: +33 (0)1 89 47 00 14
22. Personal data
Personal data required to manage accounts, orders, payments, deliveries, returns and complaints is processed in accordance with the B-DESIGN Privacy Policy available on the website.
23. Force majeure
B-DESIGN cannot be held liable for any delay or inability to perform resulting from an event of force majeure within the meaning of French law.
24. Applicable law and disputes
These Terms & Conditions are governed by French law.
For consumers, this choice does not deprive the customer of any more protective mandatory provisions from which they may benefit under the law applicable to their situation.
The parties will seek an amicable solution before initiating legal proceedings.
Standard withdrawal form
Complete and send this form only if you wish to withdraw from a purchase for which the right of withdrawal applies. For orders concluded online, you may also exercise your right of withdrawal directly using the function provided for this purpose on the B-DESIGN website.
For the attention of:
B-DESIGN
29 avenue Barthélemy Thimonnier
69300 Caluire-et-Cuire - France
Email: info@b-design.fr
I hereby notify you of my withdrawal from the contract relating to the sale of the following goods:
Product:
Order no.:
Ordered on:
Received on:
Consumer's name:
Consumer's address:
Date:
Signature, only if this form is submitted on paper: