ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Vendor on the www.chillride.fr website.
The Products offered for sale on the site are as follows:

The product referred to as “Thermo-Rider” is a reversible air-conditioning system for motorcyclists.
The product consists of two parts:
1 – Thermo-One: air-conditioning module.
The Thermo-One packaging includes two universal boards, a Bluetooth remote control, a USB-c cable, a magnet, a magnetic plate, a wiring harness and various fasteners.

2- Thermo-Vest: vest without mache with connector.
In the complete system ( Thermo-One +Thermo-Vest ), a top case adapter will be supplied depending on the model.
Warning: the Thermo-Vest without the Thermo-One module cannot function.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.chillride.fr website, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.

These General Terms and Conditions of Sale are available at any time on the www.chillride.fr website and shall prevail over any other document.
The Customer declares that he has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before completing the online ordering procedure on the www.chillride.fr website.

In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
SD&BA chillride, SASU
Share capital of 73322 euros
Registered with the RCS of Toulouse, under number 888255676 9 Chemin des Oliviers

Email : info@chill-ride.fr
Telephone : _______________
Intracommunity VAT number FR15888255676

The Products presented on the www.chillride.fr website are offered for sale in the following territories:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, Iceland, Liechtenstein, Norway.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable.
They are the sole responsibility of the customer.

ARTICLE 2 – Prices

Products are supplied at the current prices shown on the www.chillride.fr website, at the time the order is registered by the Vendor.
Prices are expressed in Euros, exclusive of tax and VAT.
Prices take into account any discounts granted by the Vendor on the www.chillride.fr website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select the Products they wish to order on the www.chillride.fr website, according to the following procedures:
_______________.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price.
It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the www.chillride.fr website constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
The customer can follow the progress of his order on the site.

Any cancellation of the order by the Customer will only be possible before delivery of the Products (independently of the provisions relating to the application or not of the legal right of withdrawal).

ARTICLE 4 – Terms of payment

The price is paid by secure payment as follows:  payment by credit card

The price is payable in full by the customer on the day the order is placed.

However, when this option is indicated on the www.chillride.fr website, the customer may pay according to the following terms and payment schedule:
payment in 3 instalments.

In this case, in the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount of the purchase price shown on the said invoice, inclusive of tax, will be automatically due to the Vendor, without any formality or prior formal notice.

Late payment will result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that the Vendor may be entitled to take against the Customer in this respect.
In addition, the Vendor reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the www.chillride.fr website.

Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.
The Vendor will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions .

ARTICLE 5 – Deliveries

Products ordered by the Customer will be delivered in mainland France or in the following zone(s):
Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Spain,

Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden, United Kingdom, Iceland, Liechtenstein, Norway.

Deliveries are made within 96 hours to the address indicated by the Customer when placing an order on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 1 month of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access.
When the Customer has appointed a carrier of his own choosing, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation.
The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

In the event of a special request from the customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the customer.
The customer is responsible for checking the condition of the products delivered.
They have 20 days from delivery to lodge a complaint by post to: 9 chemin des Oliviers 31400 Toulouse, France.

Mail: info@chill-ride.fr, accompanied by all relevant supporting documents (photos in particular).
Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at his own expense, the Products delivered for which the defects in conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products.
The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier.
In this case, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – Right of withdrawal

In accordance with article L.221-18 of the French Consumer Code, the withdrawal period is fourteen (14) days.
The withdrawal period begins on the day following the conclusion of the contract or receipt of the Order.
If this period expires on a Saturday, Sunday or public holiday, it is extended until the first working day.
In the case of an order for several products delivered separately, the period runs from receipt of the last product.

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The customer is responsible for return shipping costs.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 – Seller’s liability – Warranties

Products supplied by the Vendor benefit from :

• the legal guarantee of conformity, for defective, spoiled or damaged Products, or

  not corresponding to the order,

• the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Article L217-5 of the French Consumer Code
“The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
– if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”

Article L217-12 of the French Consumer Code
“Action resulting from a lack of conformity is barred after two years from delivery of the goods”
Article 1641 of the French Civil Code.
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. “
Article 1648 paragraph 1 of the French Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
Article L217-16 of the French Consumer Code.
“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service, or from the date the item in question is made available for repair, if the item is made available after the request for service.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 2 years of the Vendor’s finding of the non-conformity or hidden defect.
Refunds may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases:

• non-compliance with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

  The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 – Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of Products by the Vendor, as well as for their transmission to third parties for the purpose of delivering Products.
This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data

The following personal data are collected on the www.chillride.fr website:

Order Products :

When the Customer orders Products:
Names, first names, postal address, telephone number and e-mail address.

Payment

When paying for Products offered on the www.chillride.fr website, the site records financial data relating to the customer/user’s bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are) :

• Transport service providers
• Payment service providers

9.3 Data controller

9.7 Enforcement of customer and user rights

Pursuant to the regulations applicable to personal data, customers and users of the www.chillride.fr website have the following rights:

They can update or delete their data as follows:

_______________.

• They may delete their account by writing to the e-mail address indicated in article 9.3 ”

  Data controller “

• They can exercise their right of access to their personal data.

  by writing to the address indicated in article 9.3 “Data controller”.

• If the personal data held by the Seller are inaccurate, they may

  request the updating of information by writing to the address indicated at

  article 9.3 “Data controller”.

• They may request the deletion of their personal data, in accordance with the law.

  applicable data protection laws by writing to the address indicated at

  article 9.3 “Data controller”.

• They may also request the portability of data held by the Vendor to a third party.

  other provider

• Finally, they may object to the processing of their data by the Vendor.

The data controller must respond within a maximum of one month.
Any refusal to grant the Customer’s request must be justified.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor.
Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of the www.chillride.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These terms and conditions are written in French.
Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 – Disputes

For all complaints, please contact customer service at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GTCS.
The Customer is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

In this case, the appointed mediator is _______________ _______________

E-mail : _______________.
The customer is also informed that he may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Directed to https://www.legalplace.fr

Date ______________________

APPENDIX I Withdrawal form

This form must be completed and returned only if the customer wishes to withdraw from the order placed on www.chillride.fr unless exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of SASU, SD&BA chillride

9 Chemin des Oliviers
I hereby give notice of withdrawal from the contract for the goods listed below: – Order of (indicate date)
– Order number: …………………………………………………..
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..

Customer’s signature (only if this form is sent on paper)