TERMS OF SALES

ATELIER AVALANCHE is a limited liability company with a share capital of 8000 euros, whose registered office is located at 69 bd Paul vaillant Couturier - 93100 Montreuil, registered in the Bobigny Trade and Companies Register under number 900 139 783 RCS Bobigny. ATELIER AVALANCHE is a company specializing in the design and manufacture of handcrafted bicycles and metal parts for a clientele, hereinafter referred to as "the Client" or "the Clients" and collectively referred to as "the Parties".

ARTICLE 1 - SCOPE OF APPLICATION

These general conditions of sale apply, without restriction or reservation, to all products offered for sale by ATELIER AVALANCHE. Consequently, any order automatically implies acceptance of these Terms of sales which prevail over all general conditions of purchase and/or specific documents of the Customer. This is why, before any order validation, the Customer must consult and validate the Terms of sales. ATELIER AVALANCHE reserves the right to adapt or modify these terms of sales at any time. In the event of modification, the Terms of sales in force on the day of the order will be applied to each order.

ARTICLE 2 - INTELLECTUAL PROPERTY

The website, its content and all the elements that make it up, are creations for which ATELIER AVALANCHE holds all the intellectual property rights and/or exploitation rights, in particular under copyright, database law, trademark law, and design law. The website, as well as the software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds, or any other data present on the website, remain the exclusive property of ATELIER AVALANCHE or, where applicable, of their respective owners with whom ATELIER AVALANCHE has entered into user agreements. The Customer has the right to consult the data and information present on the website online, and may, for strictly private use, print or save them for a purchase or a purchase project. Any other use of the website, in particular commercial, by the Customer, is prohibited. In particular, the Customer is prohibited from reproducing and/or representing for a use other than private use, selling, distributing, issuing, translating, adapting, disseminating and communicating in any form whatsoever, any element, information, or data from the website. In addition, the Customer is prohibited from entering, by any means whatsoever, data likely to modify or affect the content or presentation of the website. Any hypertext link to the website must be expressly authorized in advance by ATELIER AVALANCHE. In addition, any hypertext link even expressly authorized by ATELIER AVALANCHE must be removed at the first request of ATELIER AVALANCHE.

ARTICLE 3 - PRODUCT INFORMATION

ATELIER AVALANCHE makes every effort to ensure the accuracy of the information provided to the customer, whether on the website or on any other document. However, it is possible that errors, inaccuracies, omissions and other types of errors may occur. The images and descriptions of the products presented may differ from reality, in particular due to their specific manufacture and their individual customization. Product photos are for illustrative purposes only. ATELIER AVALANCHE cannot be held responsible if the information is inaccurate or incomplete. The Customer is therefore invited to refer to the description of each product in order to know its properties and particularities, in particular as regards the characteristics sought and the customization desired.

ARTICLE 4 - PRICES

The prices indicated on the quote are expressed in Euros and include all taxes. ATELIER AVALANCHE reserves the right to modify these prices at any time. The price of the bike is indicated delivered to the workshop, without shipping. The total price indicated in the quote by ATELIER AVALANCHE is the final price. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.

ARTICLE 5 - ORDER

Any quote validated by the Customer by "signature" or deposit of a deposit payment constitutes an irrevocable acceptance of the sales contract which can only be called into question within the limits provided for in these Terms of sales under the " right to retract ". This right of retract is not applicable in the context of Avalanche bicycles due to their unique and personalized nature, see Article 13. The procedure for placing an order by "signature" constitutes the validation of the sales contract. ATELIER AVALANCHE will then confirm acceptance of its order to the Customer at the email address provided by the latter. The sale will not be concluded until the full amount of the order has been received by ATELIER AVALANCHE, and subject to the availability of the elements necessary for the fulfillment of the order. The information given by the Customer in the estimate commits the latter: in the event of an error in the wording of the recipient's contact details, ATELIER AVALANCHE cannot be held responsible for the impossibility in which it could be to deliver the product. In the case of a reshipment due to a lack of information on the part of the Customer, the new delivery will be invoiced to the latter. In the event of an error on the part of ATELIER AVALANCHE on the content of the Customer's order, the latter must contact customer service (e-mail address: avalanchecycles@gmail.com) before any return. The return will, if necessary, be taken care of by the company ATELIER AVALANCHE as part of a return in economy mode, and will be insured up to the value of the goods. In the event of unavailability of an element necessary for the fulfillment of the order, ATELIER AVALANCHE reserves the right to offer the customer an equivalent or superior element. If, despite our research, no proposed replacement solution satisfies the customer, the order for the item concerned may be canceled in whole or in part, at the initiative of ATELIER AVALANCHE, and the amount paid corresponding to this item will be refunded to the customer without that damages cannot be claimed.

ATELIER AVALANCHE reserves the right to refuse or cancel any order from a Customer with whom it is in dispute for a previous order, or if ATELIER AVALANCHE reasonably believes that the Customer has breached the Terms of sales, or that he is engaged in fraudulent activity, or for any other legitimate reason. It is expressly agreed between the parties that a written consent of proof of the obligations contracted may be provided by the computer records of orders kept by ATELIER AVALANCHE. This mode of proof, which the Customer recognizes as valid, is admissible regardless of the amount of the order. Given the principle of final validation of the order set up by ATELIER AVALANCHE, no modification of a definitively validated order will be accepted by ATELIER AVALANCHE.

ARTICLE 6 - POSTURAL STUDY

The appointment of the postural study will be defined with the customer by telephone or by email, after the validation of the estimate by the deposit of deposit. It is imperative to respect the time and date of the postural study appointment. If the client arrives too late or does not show up on the day of the postural study, the appointment will be canceled and postponed to a later date depending on the availability of SARL ATELIER AVALANCHE. Under no circumstances can the client demand that he set the new appointment date himself. It is recommended that the customer come with their cycling shorts and shoes. If the customer is ever unable to come to the premises of SARL ATELIER AVALANCHE but wishes to launch an Avalanche project, the customer will be asked to provide us with a complete postural study. We will take advantage of this meeting to review the estimate with the customer, make any changes, and present the workshop to him. It is absolutely necessary to definitively validate the estimate on the day of the postural study so that we can then make the various purchases for the manufacture of the bike. Any delay in the validation of the project will lead to a delay in the delivery of the project. The customer has 2 months, after the postural study, to adjust and modify his order. Any subsequent modification request will result in a fixed price for reopening the file of 200€ and will involve a delay in the project of at least one month. Depending on the nature of the modification request and the progress of the parts orders, any part ordered and already stored but not usable in the project will be invoiced and given to the customer upon delivery of the bike.

ARTICLE 7 - PAINTING

The painting of the Avalanche frames will be validated during the manufacture of the bike. ATELIER AVALANCHE cannot guarantee compliance with a color if the reference is simply indicated by providing a photo. The placement of the logos is given for information only and ATELIER AVALANCHE reserves the right to modify the placement of the latter according to the constraints of the construction of the frame. ATELIER AVALANCHE reserves the right to refuse a paint request (including a choice of color, a logo or a specific pattern) if ATELIER AVALANCHE deems that this choice is incompatible with the Avalanche brand image.

ARTICLE 8 - TIME LIMIT

The deadlines are indicated for information purposes and may vary according to the evolution of the projects within the waiting list without any appeal being able to be initiated. ATELIER AVALANCHE undertakes to deliver any bike order within a maximum period of 16 months from the date of payment of the deposit, subject to the customer's compliance with his obligations (presentation at the appointment of postural study, no modification of the estimate after final validation, deposit of payments according to the planned schedule). Before this deadline, no delay in delivery can entitle the Customer to compensation, price reduction, reimbursement or cancellation of the order.

ARTICLE 9 - PAYMENT

The price invoiced to the Customer is the price indicated on the estimate sent by ATELIER AVALANCHE at the end of the postural study appointment. For deliveries outside mainland France, the customer agrees to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the country of receipt of the command. ATELIER AVALANCHE de facto disclaims all liability in the event that the Customer has not paid these taxes. During the actual order, payments are made: either by bank transfer or by check. The order validated by the Customer will only be considered effective when payment has been received by ATELIER AVALANCHE.

ARTICLE 10 - DEFAULT OR LATE PAYMENT

In accordance with the provisions of Articles L. 441-6 and D. 441-5 of the French Commercial Code, any sum due and unpaid on its due date will automatically give rise to – a fixed indemnity for recovery costs in the amount of 40 euros, and will bear interest at a rate set at three times the legal interest rate. The Customer must also reimburse ATELIER AVALANCHE for all additional costs incurred by the legal recovery of sums due, including the fees of legal officers.

ARTICLE 11 - DELIVERIES

The delivery date will be validated after completion of the painting of the project. The Customer will be contacted to set an appointment date at that time.

11.1 - Delivery of accessories and spare parts

Our goods travel at the risk and peril of the recipient, even when they are sent "carriage paid". The control of the delivered products must take place at the time of receipt of the goods. It is up to the recipient to make the necessary reservations with the carrier within 3 days of receipt, in accordance with Article L 133-3 of the Commercial Code. Without prejudice to the arrangements to be made vis-à-vis the carrier, the Customer must inform ATELIER AVALANCHE by registered letter with acknowledgment of receipt within 3 days of the day of delivery of any apparent defects or lack of conformity of the goods delivered. The letter with a copy of the delivery note should be sent to the following address: ATELIER AVALANCHE – 69 Bd Paul Vaillant Couturier – 93100 Montreuil – France. Otherwise, the goods will be considered accepted by the Customer. Unloading is the responsibility of the recipient. It is up to the Customer to provide all justifications as to the reality of the defects or anomalies noted. He must give ATELIER AVALANCHE every facility to proceed with the observation of this defect and to remedy it. He will refrain from intervening himself or having a third party intervene for this purpose. Any defect or poor workmanship recognized after contradictory examination only obliges ATELIER AVALANCHE to replace, free of charge, the goods recognized as defective, to the exclusion of any operating loss or additional damage. Notification of a dispute, by mail or by any other means, does not exempt the Customer from paying the invoice on the due date provided for in the contract.

11.2 – Delivery of Avalanche bikes

ATELIER AVALANCHE strongly recommends picking up the custom-made Avalanche bike at the workshop. This will allow the Customer to discover his bike in the best possible conditions. The team will also be able to make the various adjustments and settings and provide the latest advice on use. In the event that the customer is unable to come to the workshop to collect his Avalanche bike, a collection by transport may be carried out, at the expense and risk of the Customer.

ARTICLE 12 - TRANSFER OF OWNERSHIP - TRANSFER OF RISK

The transfer of ownership of the products of ATELIER AVALANCHE, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, and this regardless of the date of delivery of the said products. On the other hand, the transfer of the risks of loss and deterioration of the products of ATELIER AVALANCHE will be carried out as soon as the products are delivered to the customer, or to the carrier if the customer does not travel himself to collect his bike.

ARTICLE 13 - RIGHT TO RETRACT

13.1 – Products manufactured individually by ATELIER AVALANCHE

All products coming out of the Avalanche workshops such as handcrafted spoked wheels, frames, forks, stems and complete bikes made to measure and made specifically for the customer according to his requirements are not subject to the right of withdrawal, due to the unique nature of such products. In accordance with article L121-20-2 of the consumer code, which stipulates that "the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications", it cannot be taken back or exchange.

13.2 – Spare parts and accessories

Under the conditions provided for in Article L.121-20 of the Consumer Code, the Customer has a withdrawal period of fifteen (15) clear days from the date of delivery of the products to return them. to the supplier: ATELIER AVALANCHE – 69 Bd Paul Vaillant Couturier – 93100 Montreuil – France. Any exchange or refund will only be accepted on the condition that the products are returned by post with delivery against signature in their original packaging and in perfect condition for resale, with their accessories and manuals, without trace of use or assembly, within fifteen (15) days of delivery. Return costs will be the sole responsibility of the Customer. ATELIER AVALANCHE is not responsible for lost returns: the package must be sent by registered mail with acknowledgment of receipt. ATELIER AVALANCHE is required to exchange the products, or to reimburse the sums paid by the Customer, free of charge, with the exception of the return costs. Reimbursement is due within a maximum period of thirty (30) days. All refunds are made through the means of payment used by the Customer when ordering. Products received incomplete, damaged or soiled and not accompanied by their original accessories will not be accepted for return. To ensure proper handling of their request, the Customer must keep ATELIER AVALANCHE informed in good time. For this, the Customer will comply with the return procedure indicated to him by ATELIER AVALANCHE, under penalty of refusal.

ARTICLE 14 - LIABILITY AND WARRANTY

14.1 – Warranty

The equipment delivered (frame + fork) is covered by a 5-year warranty from its delivery. The conditions of application of this guarantee are as follows: the guarantee covers material or manufacturing defects, the duration is 5 years from the date of purchase (during this period ATELIER AVALANCHE is required to replace or repair free of charge any product recognized as defective, the transport costs remain the responsibility of the buyer). The paint and varnish of the frame are guaranteed for 1 year. The warranty does not apply to replacements or repairs resulting from normal wear and tear, deterioration or accidents due to faulty assembly, lack of maintenance, use of the equipment under conditions for which it was not planned. It is not transferable and only covers the first purchaser. Peripherals mounted on bicycles will be covered by the manufacturer's warranty. The products sold by ATELIER AVALANCHE comply with the regulations in force in France. In any case, ATELIER AVALANCHE cannot be held responsible for non-compliance with the regulations and laws in force in a receiving country other than France. The Customer is solely responsible for the choice of products, their conservation and their use. In accordance with the terms of Article L. 121-20-3 of the Consumer Code, ATELIER AVALANCHE cannot be held liable in the event of non-performance or poor performance of these presents by the Customer, due to the unforeseeable and insurmountable of any third party hereto or due to a case of force majeure as usually recognized by French case law. Furthermore, within the limits authorized by law, ATELIER AVALANCHE cannot be held liable for more than a sum corresponding to the amount of the transaction on the occasion of which a dispute arose.

14.2 – Liability

ATELIER AVALANCHE cannot be held responsible for damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. Consequently, ATELIER AVALANCHE recommends that users of its equipment strictly comply with the safety texts and instructions.

ARTICLE 15 - INTELLECTUAL PROPERTY

All documents delivered or transmitted to the Customer, as well as the content of the site www.avalanche-cycles.com (texts, logos, photos, etc.) are the exclusive property of ATELIER AVALANCHE, its suppliers mentioned and the entities having granted a right of use to ATELIER AVALANCHE. The content is protected by French and international copyright and intellectual property laws. Thus, any reproduction, in whole or in part, is strictly prohibited without written authorization from ATELIER AVALANCHE.

ARTICLE 16 - COMPANY DETAILS

ATELIER AVALANCHE – 69 Bd Paul Vaillant Couturier – 93100 Montreuil – France.

Tél. : 06 70 46 96 48 – avalanchecycles@gmail.com

ARTICLE 17 - LEGAL INFORMATION

The information of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. The lack of information leads to the non-validation of the order. In accordance with the law "Informatique et Libertés", the customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, that he can practice with ATELIER AVALANCHE. In addition, ATELIER AVALANCHE undertakes not to communicate, free of charge or in exchange, the contact details of its customers to a third party, except with the customer's agreement.

ARTICLE 18 - DISPUTES AND APPLICABLE LAW

All the clauses appearing in these Terms of sales, as well as all the purchase and sale operations referred to therein, will be subject to French law. In the event of difficulties in the application of these general terms and conditions of sale, the Customer has the option, before any legal action, of seeking an amicable solution, in particular with the help of: a professional association in the sector, a consumer association or any other counsel of its choice. It is recalled that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule, and subject to the judgment of the Courts, compliance with the provisions of these general conditions of sale relating to the contractual guarantee assumes that the Customer honors his financial commitments to ATELIER AVALANCHE. In the event of a dispute, the Customer will first contact ATELIER AVALANCHE to obtain an amicable solution. Any dispute that cannot be resolved amicably will be dealt with by the courts of the place where the Customer lived at the time of the conclusion of the contract or that of the occurrence of the harmful event