Parts and equipment for motorcycles, quads, scooters and bicycles

Sales Terms and Conditions

Company details

Trade name: 50 factory

Corporate name: EIRL Marolleau

Legal status: EIRL

Name of owner: M. Marolleau Willy

SIRET registration number: 513202440

VAT registration number: FR0E 513202440

Data protection (CNIL) declaration n ° 1731347


Address:

RETURN ADDRESS TO BE USED TO RETURN ORDERS PLACED ON 50FACTORY.COM:

50 FACTORY - Return order - 1000 RUE JEAN GIRAUD - 1000 CERIZAY - FRANCE

(Our establishment is located Ets Marolleau - 28 rue Jean Giraud - 79140 Cerizay - France but it is imperative to use the previous address to make any return of order.)

Contact : [email protected] or +33 (0)5 40 13 02 24

We do not have a retail outlet, distance order sales only.

Introduction:

Anyone placing an order at “EIRL Marolleau” shall read and fully accept and respect the following Sales Terms and Conditions.

Purpose

These Sales Terms and Conditions define sales agreements between EIRL Marolleau company and its customers. A customer will be any person buying from EIRL Marolleau or placing an order on the www.50factory.com website, whether individual or trade customer. In the case of differences in sales terms and conditions between these two types of customers, the specific situations will be mentioned.

Scope

These general conditions of sale govern, in general, the sale of the products whatever the mode of delivery. They apply, that the order was placed via Internet, email or phone. Customers who order at "Eirl Marolleau" are deemed to buy in France and are therefore subject to French law.

Ability to contract

The purchase of a product from “EIRL Marolleau” catalogue is not an “everyday act”, so in accordance with French Civil Code 1124 Article, any “EIRL Marolleau” customer declares their ability to contract, that means being an emancipated minor or having reached legal majority and not being protected under Civil Code Article 488.

Customer acceptance

Placing an order implies express automatic acceptance of Sales Terms and Conditions, which the customer thereby acknowledges having read and fully understood. These Sales Terms and Conditions exclude any other possible agreements, except by written agreements signed by the parties. Placing orders via Internet, e-mail, telephone, fax or mail implies acceptance of these Sales Terms and Conditions. They can be read on the website. They can also be sent by e-mail upon request.

Sales terms and conditions adjustments

The present conditions are modifiable at any time, the customer is thus invited to read them regularly. Product details: "Eirl Marolleau" strives to present at best, on the cards of the products, the essential characteristics of these last ones. A confirmation of these technical details is always possible by calling the commercial department of the company or sending an email.

Price

Prices are net, given in euros and subject to applicable VAT and delivery charges. The prices shown on the site could be modified at any time. They may also change due to launch prices, promotions or sales. Given prices are subject to obvious typographical errors.

Value Added Tax (VAT)

VAT is applicable at the rate in effect (VAT on the margin, article 297A of the CGI). "Eirl Marolleau" must invoice all its customers the net price, with VAT for its customers at the normal rate for new parts or rate calculated on half the value for used parts.

Delivery rates

Postage and packing costs are calculated automatically and invoiced according to the weight of the parts ordered. Shipping costs can be revised according to changes on service providers rates.

Transport

Shipping service is provided by La Poste and other delivery services. Packages are insured against loss and theft based on their weight. It is possible that a package does not arrive within the delivery times guaranteed by La Poste or other delivery services. In all cases (La Poste or other), if the delay is significant, the client may contact EIRL Marolleau to open an inquiry about the package location (it may be delayed or lost). The delivery provider is the only responsible for the package once it has been handed over. No compensation will be paid for any delivery delay regardless of the reason.

Order

Customers can place orders through the website www.50factory.com. When the customer places his order, he fills in his own details in an appropriate form. The customer is invited to reread his form before confirming his order. "Eirl Marolleau" is not responsible for errors sending e-mail or errors sending packages due to an incorrect completed form.

Confirmation

For Internet orders, customers will receive an automatic confirmation e-mail, assuming that the e-mail address given on the order form is correct.

Cancellation

Any customer may cancel their order within a maximum of 14 days following the date of delivery of the package (postmark date being considered). In such a case, the customer must return the package at his expense, provided that the items are intact in their original packaging and that they have not been used, tested or assembled. Unless otherwise specified for certain products, no financial penalty is taken into account for an order cancellation. The shipping costs remain in all cases the responsibility of the customer unless manifest error. Please note: a validated order is automatically treated by our logistics. If you wish to cancel an order that has not yet been prepared, you can do it by yourself on the site in "My account" then clicking on "Request cancellation of my order".

Payment

The customer may pay by credit or debit card, Paypal or bank transfer. The customer hereby confirms to EIRL Marolleau that he/she has the necessary authority to use their chosen means of payment. EIRL Marolleau reserves the right to refuse to ship or to honour an order from a customer who has not fully paid his order or part of an earlier order, or a customer with whom it has a dispute in progress.

Ownership Retention

EIRL Marolleau remains owner of delivered until full payment by the customer. This clause does not prevent transfering to the customer, since goods delivery, the loss or damage risks and any related compensation.

Invoice

The customer receives his invoice by e-mail, this invoice is also available on the customer's account. "Eirl Marolleau" keeps a digital copy of each invoice.

Lead times

Orders placed par Internet are picked up every day from Monday to Friday. The customer must have a day of preparation (order processing, invoicing, product preparation, packaging) before shipment for a product that the company has in stock. "Eirl Marolleau" informs the customer that the announced deadlines (about 48H for a delivery in COLISSIMO in Metropolitan France) are those given par carriers. It only sends them to the client for information purposes. The times indicated are those observed at 95%, no compensation is provided for in the event of late delivery. Failure to meet these deadlines par the carriers cannot therefore in any case engage the responsibility of "Eirl Marolleau". In addition, these deadlines do not include Sundays, public holidays and holidays (indicated where appropriate). There is no shipping on Saturdays, Sundays and Holidays. Non-stock parts are clearly specified on the site and cannot be ordered until they are in stock. Express deliveries are indicated with a deadline only for mainland France and excluding delivery to islands (usually allow one more day). Additional time is also required when ordering heavy or bulky products, in particular in the case of delivery on a pallet.

Shipping

Products to be shipped will be packaged in compliance with usual industry standards. Processes and techniques used will develop and evolve aiming for packaging optimisation. Each package delivered must be inspected. In the event of partial or total damage, any specific issues should be noted on the provider’s proof of delivery document. If not specifically noted, the package shall be assumed to have been delivered in good condition and may not be the subject to subsequent dispute. In the event of an anomaly noted at the time of customer acceptance of the items, any product non-conformity claim, in type, quality or quantity compared with the description on the invoice, must be communicated in writing (e-mail or mail) to EIRL Marolleau. Any non-conformity claim not following the above described procedure or not sent within the specified time cannot be taken into account, and EIRL Marolleau shall have no liability with regard to the customer. Any unclaimed package returned to EIRL Marolleau may be resent at customer’s expense if requested.

Withdrawal right

If, for any reason whatsoever, the customer is not satisfied with the product he has purchased, article L120-20 of the Consumer Code states that he has the possibility to waive its purchase within 14 days following receipt of its package, the postmark being proof, assuming that the product must be returned in perfect conditions to be reselled, complete, and preferably in its original packaging, with no traces of use, shocks or malfunctions. Customers who have the status of reseller cannot benefit from the right of withdrawal. After this deadline, no complaint will be taken into account for any reason. Please note that some items do not benefit from the possibility of being returned, this is very clearly specified in the product description and concerns only a few products, for example some speedometer models or ignition boxes.

Return conditions

« Eirl Marolleau » reserves the right to refuse packages that arrive incomplete or in poor conditions. Returns shall be made at the customer’s expense and, as the package is transported under the customer’s responsibility, EIRL Marolleau recommends special care in packaging (inside and outside, the original packaging should be protected and packaged on a suitable cardboard box for transport). EIRL Marolleau cannot be held liable for any issue associated with impact or malfunction caused during transport.

Return and Refund

The customer can return his order under 14 days which corresponds to the legal delay in France. To make a return of one or more articles, a copy of the invoice or the delivery note must be attached inside the package, writing down the reason for return. It is also possible to use the return slip available by clicking here. Subject to compliance with the above conditions, the product will be refunded with a credit note, or with a money refund on express request, excluding return postage fee. All shipping costs (send and return) for any reason (order error, warranty, dissatisfaction ...), are always the responsibility of the customer. In case of refund request, it will be made within 14 days after receipt of the product by "Eirl Marolleau" by transfer, credit card or paypal depending on the type of payment used to place the order (excluding shipping). Any package returned late will be systematically refused. Any parcel not delivered or returned for various reasons such as "does not live at the address indicated", "incomplete address" or "package refused" will be subject to a credit, it is also possible on request and only in a period of XNUMX days to make a refund. Any refund beyond this date will not be possible.

Product compatibility with motorcycle and scooter models

EIRL Marolleau make continous efforts to clearly indicate the compatibility of the parts offered with motorcycle and scooter models on the market. The goal is to help the customer with his spare parts search process. This information, which is regularly updated, is only given for information purposes and EIRL Marolleau shall bear no liability for any ordering errors by customers. It is not uncommon for the same make and model of bike to have several types of set-up and several types of possible parts. EIRL Marolleau does not necessarily have all parts on the market in stock, or knowledge of all existing parts for bikes. It is also possible that a previous owner of the vehicle has modified it. To ensure ordering suitable parts, it is essential that the customer removes the parts from their vehicle in advance and checks compatibility using the site photos (form, appearance, given dimensions). Images on the site are real photos of the products and only they can provide assurance of the correctness of the part to order. If, despite these checks, a customer orders a wrong part, he/she may of course return them at their own expense within the legal 14-day window (see withdrawal right). If in doubt, please contact our customer service department for advice on the various specifications of the part found on the site, to receive further dimensions or information if necessary to prevent any ordering error.

Warranty

In the event of a defective product, the Customer must contact "Eirl Marolleau" who will give him, if the reason seems justified, the procedure to follow to make his return. Any guarantee of a product will be made after return and expertise of the product in our premises. As soon as the article is received at our premises, it will be examined. Any complaint must be made within six months of receipt of the package, postmark being taken as proof for used products and two years for new products. In the absence of a postmark, the invoice date is valid. No warranty applies beyond these terms. No warranty is possible on the material used.ar the customer in poor conditions of use (poor engine lubrication, use of unsuitable lubricants, faulty installation, etc.). A possible guarantee cannot be extended to peripheral products, whatever the cause. 50 factory does not make any commitment (unless explicitly stated otherwise) on the condition of consumables such as brake pads, tires, crowns, filters, oils, discs, seals, wheel bearings, batteries, batteries and all other so-called consumable parts. These are supplied to the customer free of charge with the parts ordered such as rims, calipers, master cylinder, fork and all other parts comprising consumables. They cannot be the subject of any complaint on this subject. The company is in no way responsible for any damage that may result from the installation or use of one of its products. The customer is responsible for the installation and use of his products. The warranty does not apply in the event of manifest incorrect installation of the product par the customer and in case of improper use of the product (par example on a de-restricted vehicle). It is strongly recommended to have the assembly carried out par a professional. The warranty is made on products sold only and in no case on peripheral products for installation. In the same way, the costs related to the assembly, dismantling, handling and delivery for the return of the product are not covered. After the product has been returned and checked in our workshops, an equivalent product will be sent to the customer in exchange. In the event of unavailability of an equivalent product, a credit or refund will be made within 30 days of the return of the product.

Data protection

When ordering from EIRL Marolleau, the customer agrees to receive its promotional newsletters. The customer can unsubscribe from this newsletter at anytime. In accordance with French data protection law, customers have the right to access the data we hold concerning them in our database. To exercise this right, simply contact EIRL Marolleau by e-mail.

Mediation mechanism

In case of dispute the customer must first and foremost contact "Eirl Marolleau" to find a solution. If after exchanges no solution is found, an approved mediation service of which "Eirl Marolleau" is a member, can be contacted to constitute a file for resolution of the dispute. Mediation service information as follows: Médiateur de la consommation agrée - Devigny médiation - 9 avenue René Gasnier D01 - 49100 Angers. It is not possible to appeal to another mediation service than the one designated and of which "Eirl Marolleau" is a member.

Intellectual Property

The whole site is covered by French and international copyright and intellectual property legislation. All rights are reserved and strictly limited, including reproduction, representation and retransmission, and imagery. On this basis and in accordance with the provisions of the French Code of intellectual property, only private use, subject to further or more restrictive provisions of the Code of intellectual property is authorized. Any reproduction or total or partial representation of the site www.50factory.com or any portion of the elements found on the site www.50factory.com is strictly prohibited, without written permission from the editor. Any non-compliance with this prohibition,constitutes an act of infringement likely to engage the civil and criminal responsibility of its author. All logos, operating names and brand downloadable documents mentioned are the property of their respective owners.

Trade professional account

"Eirl Marolleau" offers its professional customers the creation of a professional account with price discounts and special conditions. "Eirl Marolleau" reserves the right to refuse the creation of a professional account. Professional accounts are reserved for retailers, repairers, resellers and concessionaires in the field of motorcycles, scooters, bicycles, power tools and driving schools.

CUSTOMERS ARE HEREBY REMINDED THAT USE OF ANY DEVICE TO ENABLE MOPEDS TO EXCEED 45KPH IS PROHIBITED ON PUBLIC ROADS (IN FRANCE). UNDER NO CIRCUMSTANCES MAY EIRL MAROLLEAU BE HELD LIABLE IN THE EVENT OF AN INFRACTION IN THIS MATTER.


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