Terms and conditions of sale
1. Scope of application and modification of the general terms and conditions of sale
The present general terms and conditions of sale apply to all orders placed on the www.filtreairbmc.com website. filtreairbmc.com reserves the right to adapt or modify the present general terms and conditions of sale at any time. In case of modification, the general sales conditions in force on the day of the order will be applied to each order.
2. Products and product availability
Our product offers and prices are valid while stocks last. Upon receipt of your order, we will check the availability of the product(s) ordered. Orders for which all products are in stock will be prepared at the latest on the next working day. If an item is unavailable, a similar item of similar quality may be offered. Please refer to point 6.2 for delivery times.
The photos presented on the site are not contractual.
The brand of all our products offered on our website is indicated on the description page of each product. However, some sprockets are offered and supplied byfiltreairbmc.com from several factories, in order to guarantee an optimal stock management for our customers. In case of unavailability of the brand offered by default on our website, filtreairbmc.com reserves the right to send the customer an alternative brand of part, of equivalent or superior quality to the one offered by default.
3. Placing the order
Any order form signed by the consumer by "double click" constitutes an irrevocable acceptance which can only be called into question within the limits provided for in these general conditions of sale. The "double click" associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
4. Price
filtreairbmc.com reserves the right to modify its prices at any time; the prices applied are those presented on the site at the time of validation of the order. To these prices must be added the shipping costs. The effective delivery costs are automatically added to the basket at the second stage of order validation, after the customer has entered his delivery address. VAT applies to all sales.
Customs duty for Switzerland, DOM-TOM and other countries outside Europe
Any order placed on our site and delivered in Switzerland, DOM-TOM and other countries outside Europe may be subject to possible taxes and customs duties imposed when the package reaches its destination. These possible customs duties and taxes linked to the delivery of an item are the responsibility of the customer, who is considered the official importer and must respect all the laws and regulations of the country where the goods are received.
5. Payment
5.1.Retention of title clause
The products remain the property of filtreairbmc.com until the order has been fully paid for. However, as from the receipt of the order by the client, the risks of the delivered goods are transferred to the client.
5.2.Default of payment
filtreairbmc.com reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
6.Shipping
6.1.Modalities/generalities
We only deliver our products to the countries listed in the "country" drop-down box in the delivery details. The products are delivered to the delivery address that you gave us during the ordering process.
6.2.Delivery times
All orders that are in stock will be dispatched no later than the next working day after the order has been confirmed. If some items are not available, filtreairbmc.com will wait until the order is complete before shipping. In the exceptional case that filtreairbmc.com cannot deliver your complete order within 15 days, the order will be partially delivered and the undelivered items will be refunded by bank transfer. If no items are available for delivery within 15 days, the order will be cancelled and the amount paid will be refunded in full by bank transfer. If your order has not yet been shipped, you can always ask us to cancel your order free of charge.
6.3.Transport and reception
The product ordered is delivered by the postal service or by an independent carrier, depending on the nature of the product ordered and at the exclusive initiative of filtreairbmc.com, to the address indicated on the order form. From package to delivery, you must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note. You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature any anomaly concerning the delivery (damaged product). This verification is considered to have been carried out as soon as the buyer, or a person authorised by him/her, has signed the delivery note. You must also report any anomalies by registered mail and confirm your reservations to the carrier within 48 working hours of receiving the item(s) and send a copy of this letter to :
TIGEAM srl
Rue taienne 10/3
6250 Presles
Belgium
If the products need to be returned to us, they must be the subject of a request for return to our Customer Service. The terms and conditions of return are described in article 9.
7.Responsibilities
filtreairbmc.com cannot be held responsible for the non-execution of the contract concluded, due to the occurrence of an event of force majeure and in particular in the event of total or partial strike of the postal services, carriers, and disasters caused by floods or fires. filtreairbmc.com is an online sales site aimed at individuals. If items are purchased for professional needs, filtreairbmc.com will not be held responsible for any indirect damage, operating loss, loss of profit, damage or costs that may occur. The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products, notably due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of filtreairbmc.com, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal envisaged under article 9. In the event of non-delivery of an order or part of an order, you have a maximum of seven days (from the date of departure from our warehouses) in which to make your complaint. After this period, we will not accept any claim.
8.Treatment of parcels not delivered by the service provider
These are parcels that have not been delivered to the final recipient for the following reasons: NPAI, unclaimed, refused, transport damage, spoliation...
8.1 -Returns under the reason NPAI
These are parcels returned by the service provider responsible for delivery under the mention: "Does not live at the address indicated".
Treatment of a return NPAI: After reception and acceptance of your parcel by our services, according to the nature of the product, the available stocks and according to your wish, we will propose to you to reship the product initially ordered.
8.2.Return for repeated absences
In case of non-delivery of the goods due to repeated absence of the recipient customer as well as in case of bad communication of the address (error or incomplete), and after reception and acceptance of your parcel by our services, according to the nature of the product, the available stocks and according to your wish, we will propose to you to reship the product initially ordered. The costs of re-shipment will be charged to the recipient.
8.3 –Returns with the reason "refused"
You refused the parcel because it showed obvious traces of opening and/or shocks. If the parcel is damaged, torn, open... you must refuse the parcel and contact our services to inform us. If the service provider responsible for the delivery of your package is the Post Office, you must request a declaration of spoliation at the time of refusal. After reception and acceptance of your parcel by our services, depending on the nature of the product, available stocks and according to your wish, we will propose to you to send you back the product initially ordered or an exchange product with equivalent characteristics. In the event of a CONCERNED DAMAGE, you must formulate clear reservations on the delivery note. The words "subject to unpacking" do not constitute a qualified reservation and have NO LEGAL VALUE. It is therefore essential that you describe precisely the condition of the packaging and/or your product. (e.g.: sounds of breakage, open package, damaged, torn, dented packaging... on the bottom right corner, scratched, dented product, on the left side...). You must also confirm these reservations to the carrier by registered mail at the latest within 48 working hours following receipt of the item(s), and send a copy of this letter to :
TIGEAM srl
Rue taienne 10/3
6250 Presles
Belgium
recalling the references given on the delivery note.
Please note: The verification of the condition of your product is considered to have been carried out as soon as the delivery note has been signed. Therefore, IF THE ABOVE INDICATIONS ARE NOT FULLY FOLLOWED, NO CLAIM WILL BE RECEIVED. If your product is really damaged, you must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged during delivery, characterise the damage precisely). You must also confirm these reservations to the carrier by registered mail at the latest within 48 working hours of receiving the item(s), and send a copy of this letter to :
TIGEAM srl
Rue taienne 10/3
6250 Presles
Belgium
And this, recalling the references on the delivery note.
Please note: The verification of the condition of your product is considered to have been carried out as soon as the delivery note has been signed. Consequently, IN CASE OF NON-CONFORMITY OF THE INDICATIONS ABOVE, NO CLAIM WILL BE RECEIVABLE. (Article L.133-3 of the Commercial Code). After receipt and acceptance of your parcel by our services, depending on the nature of the product, available stocks and according to your wishes, we will offer to reship the product initially ordered or an exchange product with equivalent characteristics.
Packages not delivered due to the application of the right of withdrawal upon receipt (package refused by the recipient) or delivery not made because the name of the recipient does not exist at the address indicated fall under Chapter 9.3 below relating to returns for withdrawal.
8.4 –Returns under the ground of "spoliation"
These are parcels that have not been delivered to the customer due to spoliation: open parcel, traces of shock, etc.
Processing of a return under the reason "spoliation": after reception and acceptance of your parcel by our services, according to the nature of the product, the available stocks and according to your wish, we will propose to you to send you back the product initially ordered or an exchange product with equivalent characteristics.
9.Return
9.1.-Procedure and general conditions of return
In order to identify and therefore optimise the processing of returns, any product that needs to be returned must be the subject of a return request to our services, otherwise it will be refused. The time limit for contacting your customer service depends on the reason for the return; please refer to points 9-2 and following of the GTC. The return request must be made to our customer service department, which will issue you a return agreement number to be indicated on your package. As soon as we receive the agreement, you have 7 days to return the product. After this period, your return will be refused. We advise you to send the return by tracked mail. Otherwise, if the parcel, sent by you, and returning to our services, does not reach us, you will not be able to launch an investigation with the postal services in order to ask them to locate it. Please note that any parcel not sent by us is not under our responsibility. In order to process your request correctly, please remind us of your order number and your full contact details. Please note: Upon receipt, our services will check the conformity of the returned product and the reason for return. If the returned product is not in conformity, it will be refused by our services and will be sent back to you, at your expense. If your return is made under a wrong reason, your product could be refused and thus be sent back to you at your expense. The reason for the return may be changed. You will then be informed by e-mail and the processing of your return will depend on the new reason.
9.2 –Returns for reference errors
You have seven days to inform us that the product received is not the product ordered: reference error, problem of size, colour, characteristics, completely different product... so that our customer service can give you a return agreement number. The product must be returned in good condition and in its original packaging. COD shipments will be systematically refused. After submitting the return request by email, the product is returned to the following address:
TIGEAM srl
Rue Taienne 10/3
6250 Presles
Belgium
In order to process your request correctly, please remind us of your order number and your full contact details.
Processing of your return for reference error: After reception and acceptance of your parcel by our services, depending on the nature of the product, available stocks and according to your wish, we will offer you to send you back the product initially ordered or an exchange product with equivalent characteristics. In the event of stock shortage, the article will be reimbursed to you within 14 days from the date of return to our establishment. The customer will be reimbursed for the cost of returning the item by normal colissimo. Any supplements for express returns such as delivery D+1 before 10am or D+1 before 1pm are at the customer's expense.
9.3-Returns for use of the right of withdrawal
9.3.1.Principle
The customer has a period of fourteen days from the day on which he or she or a third party designated by him or her, who is not the carrier, has taken possession of the last article, the last partial shipment or the last piece, without giving any reasons or paying any penalties. Nevertheless, the return costs will remain at the customer's expense. In the event of a partial return of the order, we will reimburse the customer for the "outward" shipping costs in proportion to the amount of the shipping costs attributable to the item concerned. The transport of the returned products is the responsibility of the customer: any damage suffered by the products on this occasion will be of a nature to defeat the exercise of the right of withdrawal. Similarly, in the absence of tracking and proof of delivery, if the return package does not reach our company, there will be no recourse. Furthermore, if no additional insurance is taken out with the carrier, the carrier will only compensate up to the legal scale.
9.3.2.Exclusion
According to the legal provisions, the right of withdrawal may not be exercised for, inter alia, the following contracts
1° service contracts after the service has been fully performed if the performance has begun with the prior express consent of the consumer, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the company;
2° the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the undertaking and which may occur during the withdrawal period;
3° the supply of goods made to the consumer's specifications or clearly personalised
4° the supply of goods likely to deteriorate or expire rapidly
5° the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery
6. the supply of goods which, after delivery, are by their nature inseparably mixed with other articles
7° the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery.
9.3.3.How to exercise the right of withdrawal
The customer must notify his decision to exercise his right of withdrawal by means of an unambiguous statement in the form of a simple letter, registered letter with acknowledgement of receipt or an e-mail to the following address: info@filtreairbmc.com The letter should be sent to the following address TIGEAM srl - Rue Taïenne, 10/3 - B-6250 PRESLES (Belgium). The burden of proof of the exercise of the right of withdrawal lies with the consumer.
9.3.4.Return of products
In the event of withdrawal, the customer must return the products without undue delay, and at the latest within fourteen days following communication of his decision to withdraw. The customer shall inform the Company of the return and shall be advised, depending on the products, on the recommended method of transport and return address. The Customer must be able to provide proof of shipment of the products. The products must be returned in their original condition and complete, in their original packaging, accompanied by any accessories and instructions that may allow them to be sold again. The return must be accompanied by a copy of the invoice. Damaged, soiled or incomplete products are not accepted. In no case will accept used parts:
- The part must correspond to the part purchased;
- The part must be complete;
- All product accessories must be in the package;
- The consigned part does not have excessive corrosion marks;
- The part is not cracked or machined.
This list is not exhaustive and each case is studied individually. In such cases, the product will be returned to the customer at his own expense. The products may be subject to a discount. The customer may be held responsible for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
9.3.5.Refunds in the event of withdrawal
If the right of withdrawal is exercised within the above-mentioned period, we will reimburse the customer for the payments received, i.e. the price of the product(s) purchased and the delivery costs, with the exception of any additional costs arising from the fact that the customer has chosen a method of delivery other than the cheapest method of delivery offered by the seller at the time of ordering. The costs of returning the goods shall be borne by the customer. The exchange (subject to the availability of a comparable part) or the reimbursement will be made within fourteen days from the receipt by our company of the decision to withdraw. filtreairbmc.com reserves the right to defer reimbursement until receipt of the returned part or until receipt of proof of shipment of the said part, the date retained being that of the first of these facts. will make the refund using the same method of payment as that used by the customer for the original transaction, unless the customer expressly agrees to another method of payment and provided that the refund does not incur any costs for the customer.
10. Legal notice
The filtreairbmc.com website is managed by the company Tigeam srl, a limited liability company registered with the Banque Carrefour des Entreprises under number 0657.951.097 and whose registered office is established at rue taïenne 10/3, 6250 Presles, Belgium. The company is registered for vat in Belgium under number BE0657951097 and in France under number FR13523183242. Tel: +32 71 49 32 19, email: contact@kitandride.com.
11.Applicable law, competent courts
The present general terms and conditions of sale and the contractual relations between filtreairbmc.com and the customer are governed exclusively by Belgian law, insofar as, if the customer has concluded a contract with our company as a consumer, this choice of law does not deprive him/her of the protection provided by the mandatory provisions of the law of the EU Member State in which he/she has his/her habitual residence. In the event of a dispute, an amicable solution shall be sought before any legal action is taken. Only the courts of the judicial district in which the company's registered office is located have jurisdiction.
12.Guarantees - After-sales service
The products purchased are covered by the legal guarantee.
In order to know the steps to follow concerning the after-sales service for any problem or breakdown on a product you can contact us by e-mail. In order to benefit from the product warranty, it is imperative to keep the proof of purchase of the product. The contractual guarantees do not cover :
- abnormal or improper use of the products. In this respect, we invite you to carefully consult the instructions for use supplied with the products,
- breakdowns or breakages due to the choice of a material of a lower quality than the quality recommended on the site;
- defects and their consequences due to assembly outside a motorcycle/auto garage;
- defects and their consequences due to use not in accordance with the use for which the product is intended
- defects and their consequences due to any external cause.
However, in any case you benefit from the provisions of the legal guarantee, in particular those relating to the guarantee of hidden defects.
The shipping costs incurred by you to send us your product are at your expense.
