GENERAL TERMS & CONDITIONS
Any order for a product appearing on the www.commencal.com online store requires prior consultation of these terms.
Consequently, the consumer fully accepts that their agreement on the content of these conditions does not require the signature of this document, insofar as the customer wishes to order the products presented online in the framework of the website. The consumer has the option to save or print these general conditions, with the saving and printing of this document being the sole responsibility of the consumer.
The consumer declares that they have full legal capacity to accept the present general terms & conditions of sale.
COMMENCAL NEW ZEALAND reserves the right to modify the present general terms & conditions of sale.
Article 1- Integrality
The present terms represent all obligations of the parties. This contract is concluded between a consumer and COMMENCAL NEW ZEALAND in the case of a system of selling goods at a distance.
In this sense, the consumer is deemed to accept without reservation all the provisions of these terms. No general or specific condition appearing in documents sent or given by the consumer may be incorporated herein, since these documents are inconsistent with these terms.
Article 2 - Object
The present general conditions are intended to define the rights and obligations of the parties as part of the online sale of goods offered by COMMENCAL NEW ZEALAND to consumers.
The consumer declares, prior to their order, that the acquisition of these products is not directly related to their professional activity, their acquisition being reserved for personal use.
As a consumer, the customer has specific rights, which would be jeopardized in the event that the goods or services purchased through the website were in reality related to their professional activity.
Article 3 - Contractual documents
This contract consists of the following contractual documents, presented in descending order:
- the present general conditions
- the pricing structure for shipping of goods
- the order form
In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document of higher rank will prevail.
Article 4 - Validity and duration
These conditions come into force on the date of confirmation of the order. These general conditions are concluded for the time necessary for the provision of goods purchased, until the expiry of the guarantees legally owed by the seller.
Article 5 - Order confirmation
All contractual information will be confirmed via e-mail no later than the time of delivery or failing that, to the address specified by the consumer in the purchase order.
Article 6 - Proof of transaction
The records stored in COMMENCAL NEW ZEALAND's computer systems under conditions of reasonable safety, will be considered proof of communication, orders and payments between the two parties. The filing of purchase orders and invoices is done on a reliable and durable media which can be produced as evidence.
COMMENCAL NEW ZEALAND can in no way be held liable for any loss of data following an incident in which they are not responsible.
Article 7 - Product information
COMMENCAL NEW ZEALAND displays products for sale on their website with the necessary characteristics to allow the potential consumer to discover, before ordering, any essential information on a particular product required before buying.
The descriptions, characteristics and illustrations of our products are produced with the greatest of care. Errors can appear however, as well as modifications carried out by COMMENCAL NEW ZEALAND. We therefore take no responsibility for such disparities, nor can the validity of the transaction be called into question.
The present online offers are valid while stocks last. If the article is not in stock, the order will not be possible, with the consumer being alerted to any error as quickly as possible.
Article 8 - Pricing
All pricing is in New Zealand dollars. Pricing does not include transport costs which are added to the final invoice, and are indicated before final confirmation of the order. Pricing takes into account the taxes applicable on the day of the order, with any rate change being automatically applied to the price of the products online. Payment of the totality of the order must be completed during the order process. At no point can any amount submitted be considered as a deposit.
In the case of an export sale, all applicable taxes in the buyers country remain the responsibility of the buyer.
COMMENCAL NEW ZEALAND reserves the right to modify pricing at their discretion. Any pricing modifications will be signaled to the buyer before any order throughout the year depending on exchange rates and the increase in price of raw materials.
Article 9 - Method of payment
Payment by credit card, PayPal or bank transfer. Your order will only be confirmed once payment has been received by COMMENCAL NEW ZEALAND.
Article 10 - Product availability
In the case of product unavailability, particularly dependent on our suppliers, the consumer will be informed as quickly as possible and will have the possibility to cancel their order or to transform it. In the event of an order cancelation, we hereby commit to reimburse the consumer or issue an exchange voucher as quickly as possible.
Article 11 - Cancellation of a pre-order
If the customer wishes to be refunded after placing a pre-order, a 5% charge will be retained. This will obviously not be the case if the bike cannot be delivered within the initial deadline. It is to cover the costs incurred.
Article 12 - Delivery procedure
Products are delivered throughout New Zealand to the address indicated by the consumer on the order form.
Any delivery anomaly (missing parcel, missing product as listed on the order form, damaged parcel, broken products, etc) should be indicated on the delivery form, accompanied by the customers signature.
The consumer will need to confirm this anomaly by addressing the reclamations in a letter to the delivery company within two (2) days via recorded delivery letter with counter-signature.
The consumer will need to transmit a copy of the annotated delivery note via mail to COMMENCAL NEW ZEALAND.
The consumer is responsible for verifying the condition of the parcel(s) and the number of parcels delivered in the presence of the delivery driver. In case of doubt, the consumer should refuse the delivery and inform COMMENCAL NEW ZEALAND.
All our expeditions are covered by insurance corresponding to the value of the parcel and is taken care of by our company.
Article 13 - Delivery times
Delivery times are generally between 1 and 6 days in New Zealand. Please note that the delivery time indicated is a guide only and can vary. Any eventual delays will not result in compensation, withholding of payment or cancellation of the order by the purchaser.
Article 14 - Delivery errors
The consumer must signal any claim to COMMENCAL NEW ZEALAND on the day of delivery or at the latest the first day of business after delivery, any claim of error of delivery and/or non-conformity of goods in kind or in quality as specified on the order form. Any claim made after this time will be rejected.
All claims should be made via : firstname.lastname@example.org
Article 15 - Delivery costs
The shipping costs will be indicated, and added to the total on each order as done by the buyer. The amount of postage will be adjusted depending on the destination of the order.
Article 16 - Product guarantee
All COMMENCAL® bicycles and components, sold on the present online store, are subject to the general warranty conditions available at the following link: COMMENCAL Care
All products not within the scope of this guarantee, benefit however from the full legal safeguards in place.
Article 17 - Data protection act
Information collected is necessary for the processing of your order and of the expedition of any future correspondence by COMMENCAL NEW ZEALAND. If you no longer wish to receive any commercial offers, all you need to do is unsubscribe yourself from the newsletter or send an email to email@example.com
Article 18 - Partial non confirmation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or after a final decision of a competent jurisdiction, the remaining provisions will remain in full force and scope.
Article 19 - Non-waiver
The failure of either party not to claim a breach by the other party to any of the obligations under these Terms shall be construed in the future as a waiver of the requirement involved.
Article 20 - Applicable laws
The present general terms & conditions are under the jurisdiction of the state of New Zealand. In the event of a dispute, the consumer should first and foremost contact COMMENCAL NEW ZEALAND. so as to find an amicable solution.