Terms and Conditions of Sale 2016

PREAMBLE

The CAMINADE company is a limited liability company with capital of 20,000 EUR, with its headquarters at 2 rue de la Tramontane - 66130 Ille sur Têt - France, registered on the Perpignan Companies Register under the number 793 466 517.
CAMINADE is a company specialising in the design, manufacture and sale of bicycles (mountain, road, etc.) to customers (hereinafter "Customer" or "Customers").

ARTICLE 1 - SCOPE

These Terms and Conditions of sale apply, without limitation or qualification, to all of the products offered for sale by CAMINADE. Consequently, any order automatically implies acceptance of these Terms and Conditions which shall prevail over any other terms and conditions of sale and/or to the Customer's own terms and conditions. This is the reason for which, prior any order confirmation, the Customer must refer to and confirm acceptance of the terms and conditions of sale. CAMINADE reserves the right to adapt or modify at any time the present terms and conditions of sale. In case of modification, the general terms and conditions in effect at the date of the order will apply to each order.

ARTICLE 2 - PRODUCT INFORMATION

CAMINADE makes every effort to ensure the accuracy of the information provided to the Customer, either on the website or in any documentation. It is however possible that inaccuracies, omissions and other types of error may occur. Images and descriptions of products shown may vary from actual products due to their specific manufacture and individual customisation. Photos of products are presented for illustrative purposes only. CAMINADE shall not be held responsible for inaccurate or incomplete information. The Customer is therefore is requested to read the description of each product in order to familiarise him or herself with its properties and characteristics, particularly as regards soughtafter features and customisation.

ARTICLE 3 - PRICES

The prices indicated on the order form are in euro and inclusive of all taxes. CAMINADE reserves the right to modify these prices at any time. Shipping charges are also listed on the Customer's order form. The total price specified by CAMINADE on the order form is the final price. Payment will not be considered final until actual receipt of the payment amount by CAMINADE.

ARTICLE 4 - ORDERS

Any order form approved by the Customer by "signature" constitutes irrevocable acceptance of the Contract of sale and may only be challenged within the limits set out in these terms and conditions of sale under the heading "Right of withdrawal". The procedure for ordering by "signature" constitutes acceptance of the Contract of sale. The sale will be concluded only after the receipt of the full purchase amount of the order by CAMINADE, and subject to availability of the necessary components for the fulfilment of the order. CAMINADE will confirm acceptance of the order to the email address given by the Customer. The Customer is committed by the information given on the order form: in the case of error in the address of the recipient, CAMINADE shall not be held responsible for finding it impossible to deliver the product. In the case of a redirection due to a lack of information given by the Customer, he or she will be invoiced the cost of the new delivery. In the case of error on the part of the CAMINADE company as regards the content of the Customer's order, he or she must contact the aftersales
service prior to any return. The return, if applicable, will be paid for by the CAMINADE company on the basis of an ecoreturn delivery, and will be insured up to the value of the goods. In the case of unavailability of a component necessary to the fulfilment of the order, CAMINADE reserves the right to offer the Customer an equivalent or superior component. If, despite our endeavours, any proposed alternative fails to satisfy the Customer, the order of the component in question may be wholly or partly cancelled at CAMINADE's initiative and the amount paid corresponding to the component will be returned to the Customer without liability for damages or interest. CAMINADE reserves the right to refuse or cancel any order from a Customer with whom it has a dispute relating a previous order or if CAMINADE reasonably believes that the Customer has violated the Terms and Conditions or is engaged in fraudulent activity or for any other legitimate reason. It is expressly agreed between the parties that evidence of written consent to the contractual obligations can be provided by the computer record of orders kept by CAMINADE. This means of proof, which the client recognises as valid, is admissible regardless of the amount of the order. Taking into account the principle of final acceptance of the order set up by CAMINADE, no change of the definitively accepted order will be accepted by CAMINADE.

ARTICLE 5 - DEADLINES

Our deadlines being given as indicative, possible delays will not give rise to any entitlement of the Customer to compensation, price reduction or order cancellation. No deduction to the invoice amount may be made by the Customer whether due to a problem of delay or for any other reason except in cases of legal dispositions applicable as of right.

ARTICLE 6 - PAYMENT OF THE PURCHASE COST

The purchase cost invoiced is the price indicated on the order form sent to the Customer by CAMINADE. For deliveries outside mainland France, the customer agrees to pay all taxes due on the importation of goods, customs duty, value added tax and other taxes due under the laws of the country of reception of the order. CAMINADE discharges itself from any liability in the event that the customer may not have paid those taxes. On final order, payments are to be made:
● either by bank transfer
● or by PayPal or credit card
The order accepted by the Customer will be considered as confirmed when payment has been received by CAMINADE.

ARTICLE 7 - PAYMENT DEFAULT OR DELAY

In accordance with Articles L. 4416 and D. 4415 of the Commercial Code, any amount due and unpaid by the due date will result, as of right, in a lump sum compensation to cover expenses in the amount of 40 EUR, and will bear interest at a fixed rate of three times the legal rate of interest. The Customer shall also reimburse CAMINADE all additional costs incurred by litigious recovery of sums due, including judicial officers' fees.

ARTICLE 8 - DELIVERIES

Our goods travel at the risk of the recipient, even when they are sent "carriage paid". Checking of the delivered products must take place at the time of receipt of the goods. In accordance with Article L. 1333 of the Commercial Code it is the responsibility of the recipient to make the necessary observations to the carrier within three (3) days of receipt. Without prejudice to any measures to be taken taken in respect of the carrier, the Customer must inform CAMINADE by registered letter with acknowledgement of receipt within three days following the date of delivery of any apparent defects or lack of conformity of the delivered goods. The letter, with the copy of the delivery note, is to be sent to the following address:
CAMINADE - 2 rue de la Tramontane - 66130 Ille sur Têt - France
Otherwise, the goods shall be deemed accepted by the Customer. Unloading is the responsibility of the recipient. It is the responsibility of the Customer to provide any supporting evidence as to the reality of defects or anomalies noted. The Customer will allow CAMINADE every opportunity to assess the defect(s) and to provide a solution. The Customer will refrain from intervening or having a third party intervene to that same end. Any defect in workmanship recognised following counterexamination will only require of CAMINADE the free-of-charge replacement of the goods found being defective, to the exclusion of any operating loss or additional damages. The notification of a dispute, by mail or by any other means, does not exempt the Customer from payment of the invoice when due under the Contract.

ARTICLE 9 - TRANSFER OF OWNERSHIP TRANSFER OF RISKS

The transfer of ownership of CAMINADE products to the Customer will be made only after full payment by the latter, and regardless of the date of delivery of those products. On the other hand, the transfer of risks of loss and damage to CAMINADE products will take place on delivery of the goods to the carrier.

ARTICLE 10 - RIGHT OF WITHDRAWAL

Under the conditions provided for by Article L.121 20 of the Consumer Code, the Customer has a coolingoff period of seven (7) days from the date of delivery of the products to return them to the supplier:
CAMINADE - 2 rue de la Tramontane - 66130 Ille sur Têt - France
Any exchange or refund will only be accepted if the products are returned by mail with delivery against signature in their original packaging and in perfectly resalable condition, with their accessories and manuals, without trace of use or having been mounted, within seven (7) days of delivery. Return costs will be
the sole responsibility of the Customer. CAMINADE is not responsible for lost returns: the package must be sent by registered post with receipt of delivery.
CAMINADE is liable for exchange of the goods, or refunding the amount paid by the Customer, without charges, except for return shipping costs.
Reimbursement is due within a maximum of thirty (30) days. All reimbursements are made by the means of payment used by the Customer when ordering.
Products received incomplete, damaged, soiled or not with their original accessories will not be accepted for return. To ensure proper support for his or her request, the Customer shall keep CAMINADE informed within the deadlines. To that end, the Customer shall comply with the return procedure as indicated by CAMINADE, under penalty of refusal.

ARTICLE 11 - LIABILITY GUARANTEE

11.1 Guarantee for products other than frames manufactured by CAMINADE

The products sold by CAMINADE comply with the regulations in force in France. In any event CAMINADE may not be held responsible for noncompliance with regulative and legislative provisions in force in a receiving country other than France. The Customer is solely responsible for the choice of products, their storage and use. Under the terms of Article L. 121203 of the Consumer Code, CAMINADE shall not be held responsible for nonperformance or poor performance by the Customer, unforeseeable and uncontrollable act by any third party or due to a case of force majeure as normally recognised by French law.
Moreover, to the extent permitted by law, CAMINADE may not be held responsible beyond a sum corresponding to the amount of the transaction in connection with which a dispute has arisen. In addition to the legal guarantee of conformity and the legal guarantee against hidden defects, some products have a specific commercial warranty. If necessary, the warranty period for these products is specifically mentioned on their instructions. This warranty does not support equipment used in connection with competition or rental use, damage due to wear and tear, misuse, lack or failure of maintenance or any modification to the product after its delivery.
This warranty does not either take in charge:
● Replacement of products considered as consumable.
● Nonconforming, irregular or abnormal use of the products.
● Defects or characteristics of a product mentioned in the product data sheets.
● Defects and their consequences related to the improper use of the product for the purpose for which it is intended.
The Customer must return the defective product(s) directly to the supplier only after acceptance by CAMINADE by email or by telephone. The detailed modalities of the return will be specified in the email sent to the Customer by CAMINADE. All returns of defective parts remain the responsibility of the Customer. The cost of return of the new or repaired equipment will, in turn, be taken in charge by CAMINADE. Any incomplete or partial return cannot be covered by warranty. Any trace of alteration or disassembly will void the warranty. For further information, the Customer may contact CAMINADE by email at: contact@caminade.eu

11.2 Specific CAMINADE frame guarantee

CAMINADE frames have a specific lifetime warranty for the frame and two years for the paint finish. Only frames from Espresso series are not lifetime warranty. They have a five years frame and paint finish warranty.
The following damage is excluded from this warranty:
● Caused by a blow or a fall.
● Due to improper handling or overloading.
● Due to a manifest lack of maintenance or the use of unsuitable products for maintenance or cleaning.
● Due to misuse or use on inappropriate terrain.
● Due to the use of a rear suspension shock other than that originally supplied with the frame or not subject to prior approval by CAMINADE.
● Arising out of a repair that has not been carried out in our workshops.
● Caused to the paintwork by stone chips, acidic contamination, prolonged exposure to wet or saline environments.
● All wearing parts: screws and bolts, bearings, shock absorber, bushings, grommets, bottom bracket, derailleur hanger.
● All components mounted on the frame which have not been provided or made by CAMINADE, whether or not fitted by CAMINADE.
● Deterioration of screw threads due to non respect of torque or inappropriate screws or bolts.
Our warranty obligation is expressly limited to the replacement or repair of the defective part or component. No compensation may be claimed in case of immobilisation.
The warranty is transferable to a third party provided that the new owner is identifies him or herself to CAMINADE in the month following the acquisition of
the frame from the previous owner and communicates to us the serial number on the frame so that it can be identified. Any failure to do so will lead to irrevocable termination of the frame warranty. In any event, CAMINADE may not be held responsible for noncompliance with regulative and legislative provisions in force in the receiving country. The responsibility of CAMINADE is specifically limited to the value of the product in question, its value at the date of sale and without recourse against the brand or manufacturer of the product.

11.3. Responsibility

CAMINADE may not be held liable for damages of any kind, whether material, immaterial or corporal, which could result from a malfunction or improper use of commercial products. In consequence, CAMINADE recommends that users of its equipment comply strictly with written texts and safety advice and follow scrupulously the instructions for use.

ARTICLE 12 - INTELLECTUAL PROPERTY

All documents delivered or sent to the Customer and also the www.caminade.eu site content (text, logos, photos, etc.) are the exclusive property of CAMINADE, its designated suppliers and entities having granted a right to use to CAMINADE. The contents are protected by French and international laws of copyright and intellectual property. Thus any reproduction, in whole or in part, without the written permission of CAMINADE is strictly prohibited.

ARTICLE 13 - DETAILS OF THE COMPANY

CAMINADE - 2 rue de la Tramontane - 66130 Ille sur Têt - France
Tel: +33 (0)6 67 15 98 02 – Email: contact@caminade.eu

ARTICLE 14 - LEGAL INFORMATION

The collection of personal details for purposes of distance selling is obligatory, this information being essential for the processing and delivery of orders, preparation of invoices and warranty contracts. Lack of information will result in the order not being acepted. In accordance with the law on freedom of information, the Customer has the right (article 34 of the law of January 6, 1978) to access, modify, rectify and delete data concerning him or her and can
exercise that right with CAMINADE. In addition, CAMINADE undertakes not to communicate, free or with compensation, the contact details of its Customers
to third parties, except with the agreement of the Customer.

ARTICLE 15 - DISPUTES AND APPLICABLE LAW

All of the clauses in these terms and conditions of sale, and all purchase and sales transactions referred to therein, are subject to French law. In case of difficulties in the application of these terms and conditions of sale, the Customer has the option, prior to any legal action, of seeking an amicable solution with the help of a professional association in the industry, consumer association or any other advisor of his or her choice. It is noted that the search for an amicable solution does not interrupt the period of legal warranty or the duration of the contractual warranty. It is noted that as a general rule, and subject to the discretion of the courts, the provisions of these terms and conditions of sale relating to the contractual warranty require the Customer to meet his or her financial commitments to CAMINADE. In case of dispute, the Customer shall first contact CAMINADE in order to reach an amicable solution. To the extent permitted by French law, exclusive jurisdiction is given in the case of dispute to the Tribunal de Commerce of Perpignan (66), irrespective of the delivery location or method of payment accepted.