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YCF company (hereunder THE SELLER)
is register at the trade register under RCS 477 971 485. Its postal
address is Lieu dit les barrières, 14710 FORMIGY and its email address is info@ycf-riding.fr
(hereunder THE SELLER ADDRESS).
Any order under a product
appearing in the online store website (hereunder SELLER WEBSITE) requires
consultation and prior acceptance of these general sales conditions. The click of
an order validation implies full acceptance of these. This click has a value of
"digital signature".
1/ OBJECT AND FIELD OF APPLICATION
• When a customer passes an order, he takes the membership without reserve of the latter in the present general sales conditions, except particular conditions granted in writing by YCF Company to the customer. All other documents such as catalogs, leaflets, advertisements, notes have only an informative value and they are not contractual documents.
2/ PROBATE
• YCF Company distributes some parts that remove the bike limits; such as pistons kits increasing capacity, carburetors, exhausts and other parts; they can only be used for YCF not approved bikes and to increase exclusively the bike performances in competition.
• Therefore, these parts are forbidden on approved bikes because they modify its character regarding its ratification on the French and European territory and makes it unfit for a road use.
3/ PRICES
• The prices indicated in all the price lists published by YCF Company are informative and subject to typographical or printing mistakes, photos and pictures are not contractual. Prices are calculated from YCF Company warehouse in FORMIGNY (14), excluding transports costs.
4/ DISCOUNTS
• YCF Company does his discount regarding the quantity of bikes sold. For an order from 1 to 5 bikes, the discount is 20% from the price excluded of VAT. For an order of 6 to 9 bikes, the discount is 25% from the price excluded of VAT. For an order superior to 10 bikes, the discount is 30% from the price excluded of VAT.
• For spare parts orders and accessories, the discount is 35% (except for ENGI forks, DAYTONA products, KEIHIN products and all engines, which discount is 30%) from the price excluded of VAT. Nevertheless, for the first order superior to 10 bikes, the discount for spare parts and accessories is 40% (except for ENGI forks, DAYTONA products, KEIHIN products and all engines, discount remains 30%), this is definitive and renewable each year.
5/ ORDERS
• All orders have a firm and definitive nature. If you make a mistake in your order, no parts will be taken back or exchanged. The orders which are accepted, cannot be cancelled, even partially without YCF Company written consent.
• The signature of a purchase order by a customer and the acceptance by YCF Company ties definitely the two parties to YCF Company general sales conditions.
If YCF Company doesn´t express manifestation in a delay of 15 days, the acceptation is considered as acquire. If the order is done by phone, customer has to confirm it the same day by fax, by email or by letter. All orders not confirmed in written will be cancelled.
• If an invoice has not been paid, all orders in process will be cancelled.
6/ PAYMENT
• Opening an account is necessary for any payment modality. To open an account, customer needs to give to YCF Company: his VAT number and his credit card number with a copy recto / verso of the credit card.
• Invoice payments are paid cash.
• Transfer payments are accepted and have to done before goods departure.
• YCF Company expresses its reservations to modify its prices at any moment, without any previous notice, especially regarding possible money fluctuation and custom duty between France and the goods provenance territory, or an increase of the buying cost.
7/ DELIVERY
• The customer commits himself to receive the products at the place and the date signaled by YCF Company. The delivery time given is just informative, a delivery delay cannot leads to late payment penalty, order cancellation or late payment from the customer.
• Just like, no compensation can be claimed if an article cannot be delivered; if the delay or the order non execution is due to strike, accident, fire, impossibility to be supplied or any cause independent of YCF Company will.
• Delivery is done by the transport company that YCF Company chose. YCF Company products are the responsibility of the customer when travelling.
• In fact, customer commits himself, in case of partial lost or product damaged due to transport, to express, from the reception date, reservations against the transport company by recommended letter with acknowledge receipt, at risk of reclamation rejection.
• For any delivery litigation, precise reservations have to be expressed with the details of the parts damaged on the transport receipt with the driver presence. In case of negligence, no reclamation can be done.
8/ COURT
• For all contestations regarding the sells done by YCF Company and the application or the interpretation of this general sales conditions, the commercial court of CAEN is the only court competent.
• In case of international exchanges, all the sales done with the YCF Company are under the French law.
9/ TITLE RETENTION CLAUSE
• YCF Company expresses his reservations regarding the goods propriety sold appointed on the present document until the complete payment of their price and interests, even if customer gets a payment delay. If payment has not been done before the due date, YCF Company can get back the goods, the sale will be determinate if YCF Company wants and the deposit already done will remain to him in compensation of the goods use which had got the customer.
• Bikes and spare parts remain the property of YCF Company until receiving the pending payment, but customer will be responsible for them once received, the possession transfer means the risks of the dispositions provided in the clause "delivery”. Customer commits himself, as a matter of fact, to subscribe an insurance contract which guarantee the lost risks, robberies or the appointed goods
destruction.
10/ PRODUCTS PART-EXCHANGE
• No goods can be returned without the previous written consent of YCF Company and its reshipment instructions.
• Goods returns can be accepted only for new goods as is and in their original package, it must have not been deteriorate by customer or any other person in a maximum of one month from the invoice date.
• Transport cost for reshipment is the responsibility of customer. The part-exchange prices due to customer is a credit note valid for the next order.
11/ COMMERCIAL WARRANTY
• To get a warranty, the parts need to be assembly by a profesional mechanic who knows and has the necessary tools.
• Products warranty spreads three month after the invoice date.
• YCF Company warranty consists to exchange the parts, no compensation can be claimed. Work force is not warranted, there is no financial compensation.
• Warranty cannot be accepted if user manual, user advices are not respected and if the assembly is incorrected.
• For any warranty request, the damaged parts should be sent to us with a note of the problem as well as a copy of the invoice.
• After obtaining warranty and, if in one month the damaged parts are not sent to YCF Company, they will be billed.
12/ RECLAMATIONS
• Customer has to check the goods when received and has to express on the transport receipt his reservations regarding the goods states (conformity of the goods delivered with the one ordered, manufacturing defects …).
• The denunciation of the existing defects at delivery time, revealed only after product goods reception, must be express in written maximum three days following the discovery of the goods conformity defect. If the denunciation is expressed after
three working days from the goods delivery, this denunciation will be invalid and not taken into account.
13/ USE OF THE YCF PRODUCTS
• Each YCF dealer is required to assembly completely the bikes and check all the point from the assembly notice before delivering it to final customer. He has to follow the assembly instructions and the user manual. The user manual is provided by the dealer to each customer who buys a YCF bike.
• YCF Company declines any responsibility in case of failure or deterioration of one of his products if the assembly and user instructions are not respected by dealers.
• Each YCF bike user has to wear protections (helmet, boots, gloves and other protections) when riding a mini bike. The YCF bikes can only be ride by one person.
• The use of YCF bikes not approved on public high way is strictly forbidden on public road.
• YCF bikes not approved are strictly reserved for private use or bike learning on an approved field or for sport competition.
• For lack of express affectation to approved bikes, YCF spare parts and accessories are intended for private use or sport competition.
• YCF dealers have to inform each customer to read the bike user manual before using the bike. The importer and the dealer cannot be responsible for any accident happening due to an abnormal use of the bike and the non-respect of the instructions and warning present on the user manual.
• Children under 14 years cannot ride YCF bikes alone, he has to be in the company of an adult for every ride on the bike.
14/ TRANSPORT COSTS
• Transport cost is calculated regarding weight and delivered territory.
• YCF Company expresses his reservations to modify at any moment the transport cost regarding an increase of the oil tanker prices, or of the transport cost.
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