General terms and conditions of sale

Clause no. 1: Purpose

The general terms and conditions of sale described below set out the rights and obligations of the company Diam and its customer in connection with the sale of the following goods: tyres, mousses, inner tubes, motorcycle accessories.
Any service performed by the company Diam therefore implies the buyer’s unreserved acceptance of these general terms and conditions of sale.

Clause no. 2: Prices

The prices of the goods sold are those in force on the day the order is placed. They are expressed in euros and calculated excluding tax. Consequently, they will be increased by the VAT rate and the transport costs applicable on the day of the order.
The company Diam reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order was recorded.

Clause no. 3: Discounts and rebates

The prices offered include the discounts and rebates that the company Diam may grant in view of its results or of the buyer’s assumption of responsibility for certain services.

Clause no. 4: Early payment discount

No early payment discount will be granted in the event of advance payment.

Clause no. 5: Terms of payment

Orders are paid for:

• By bank card;

When the order is recorded, the buyer must pay the full total amount of the invoice.

Clause no. 6: Retention of title clause

Transfer of ownership takes place after full payment by the Customer. Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place at the time when the Customer or a third party designated by them takes physical possession of the Products.

The Products therefore travel at the Seller’s risk.

Clause no. 7: Delivery and returns

The products are delivered to the address indicated by the consumer on the order form and only within the geographical areas served.

All products leave the Seller’s premises in perfect condition.

Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in a single delivery.

The dispatch date is specified to the Customer before the order is finalised.

The delivery time for the order is the longest time indicated on the item and stated in the order confirmation; thus, if the Customer orders an item A with a lead time of 24 h and an item B with a lead time of 3 days, the dispatch time for your order will be 3 days, to which must be added the transport time, being 24 h for chronopost and 48 h for colissimo.

In the absence of any indication or agreement as to the date of delivery or supply, the Seller shall deliver the goods without undue delay and no later than thirty days after the conclusion of the contract.

For deliveries handed over against signature, it is the signing of the carrier’s delivery note that is authoritative.

For deliveries handed over without signature, the information contained in the La Poste information system is authoritative.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

The Seller must deliver the goods within the time indicated to the Customer, in accordance with article L216-1 of the French Consumer Code.

Article L.221-15 of the Consumer Code provides:

The trader is automatically liable to the consumer for the proper performance of the obligations arising from the contract concluded at a distance, whether these obligations are performed by the trader who concluded this contract or by other service providers, without prejudice to their right of recourse against them.

However, they may be released from all or part of their liability by providing proof that the non-performance or improper performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Articles L216-1 et seq. of the Consumer Code, referring to article L111-1 of the same Code, govern the procedure applicable in the event of late delivery.

As with any shipment, it is possible for a delay to occur or for the product to go astray. In such a case, the Seller contacts the carrier to open an investigation.

Every effort is made, for as long as necessary, to find this parcel. Where applicable, the Seller will obtain reimbursement from the carrier and will deliver a new identical parcel at its own expense.

Under the automatic liability of the distance seller, the Seller is liable for transport towards the Customer.

The Seller undertakes to use its best efforts to deliver the products ordered by the Customer within the times specified.

In the event of failure to comply with the agreed delivery time, the Customer may instruct the seller in writing to carry out the delivery within a reasonable additional period. If the Seller again fails to perform, for any cause other than force majeure or the act of the Customer, the Customer may terminate the contract in writing.

The contract is deemed terminated upon receipt by the Seller of the written notice informing them of this termination, unless the Seller has performed in the meantime.

Termination of the contract may be carried out immediately without the need for a first formal notice if:

– The Seller refuses to deliver the Product;

– The Product is not delivered on the date indicated in the contract and the delivery time constitutes an essential condition of the contract for the Customer (expressly stated by the latter before the conclusion of the contract).

In these two cases, the sums paid by the Customer will be returned to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Failing this, the refund is increased in accordance with the provisions of the Consumer Code.

The Customer is encouraged to report to the carrier (or to the postal worker) the slightest trace of impact (holes, crushing marks, etc.) on the parcel and, where applicable, to refuse the parcel.

A new identical product will then be sent to them free of charge.

The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.

The Customer is encouraged to check the condition of the products delivered.

The exchange of any product declared, after the fact, to have been damaged during transport, without any reservation having been made on receipt of the parcel, cannot be accepted, other than a warranty claim. In the event of non-conformity of the Product delivered, the Seller – undertakes to remedy it or to reimburse the Customer, as indicated below.

The Customer must submit to the Seller as soon as possible, and ideally within 8 days, any complaint of delivery error and/or non-conformity of the Products in kind or in quality compared with the information appearing on the order form.

The Seller will reimburse or replace as soon as possible and at its own expense the Products delivered whose defects of conformity or 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 Consumer Code and those provided for in these General Terms and Conditions of Sale.

In the event of a delivery error or an exchange, any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in its original packaging in impeccable condition to the Seller’s Address.

To be accepted, any return must be notified and have the prior agreement of the Seller, who, in the event of agreement, will resend the parcel to the correct address.

In the event of a delivery error or a defect of conformity, no costs are borne by the buyer.

Clause no. 8: Force majeure

The liability of the company Diam cannot be invoked if the non-performance or the delay in the performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.

Clause no. 9: Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to give reasons or pay a penalty, for the purposes of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Customer’s decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market as new, bearing the manufacturers’ labels, accompanied by the purchase invoice.

If the product is damaged, dirty or incomplete, the Customer’s liability is engaged where the depreciation of the goods does not result from handling similar to that carried out in a shop. They must compensate the Seller for the loss caused.

The right of withdrawal may be exercised using the withdrawal form available in the appendix hereto, or by any other unambiguous statement expressing the wish to withdraw, in particular by letter sent by post to the Seller’s Address 165 Route de la Boissonnette, 07340 Peaugres.

In the event of exercise of the right of withdrawal within the 14-day period, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remain payable by the Customer.

The refund will be made within 14 days from notification to the Seller of the decision to withdraw.

The Seller will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Parties agree on a different means. In any event, this refund will not incur any costs for the Customer.

The Seller may defer the refund until receipt of the goods or until the Customer provides proof of dispatch of the goods, the date used being that of the first of these events.

The Customer’s liability is engaged only in respect of the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.

Under no circumstances is THE SELLER responsible for the loss or deterioration of returned parcels. Cash-on-delivery parcels will be systematically refused.

Clause no. 9: Competent court

Any dispute relating to the interpretation and performance of these general terms and conditions of sale is subject to French law.

Failing an amicable settlement, the dispute will be brought before the Commercial Court of Aubenas.