Required legal elements

Tribe Sport Group is a simplified joint-stock company with a registered capital of 1.000.000 euros, with registered office at 4 rue Condorcet, RCS Fréjus 409 586 088
Telephone number: +33 04 94 54 19 50

Tribe Sport Group is the distributor/owner of Urge Bike Products.

Article 1 / Scope

The present general conditions of sale (hereinafter the “GTC”) apply, without restriction or reserve, to all products offered for sale on the Site. Consequently, the fact for a natural or legal person (hereinafter the “Customer”) to order on the Site implies full and complete acceptance of the GTC. The Terms and Conditions will remain in effect until a new version is posted. That is why, before any order validation, the Customer must consult and validate the GTC. Tribe Sport Group reserves the right to adapt or modify the GTC at any time. In case of modification, it will be applied to each order the current GTC at the registration of the order.

Article 2 / Customer account

The opening of a Customer account and the use of the Site are free (excluding possible costs of the connection, the price of which depends on the electronic communication operator), without obligation of purchase. Only the purchase of products gives rise to a payment from the Customer. Access to the Site by the Customers is reserved for strictly personal use. When using the Site, the Customer declares to act privately. In addition to the acceptance of the GTC, the purchase on the Site is subject to the opening of a Customer account. The Customer must provide the data for its identification. When opening this account and on the occasion of each order, the Customer undertakes to provide only accurate, complete information, which corresponds to his identity. The Customer must keep this information up-to-date and will be solely responsible for any error in the order or delivery due to incorrect information. To buy on the Site, the Customer must use the username and password created when opening his account. The Customer undertakes to keep them secret and not to disclose them to any third party. The Customer will be solely responsible for access to his account with his username and password, unless evidence of fraudulent use that would not be attributable to him.

In the event of loss, misappropriation or fraudulent use of his username and / or password, the Customer agrees to immediately notify Urge Bike Product customer service via the following contact form: https://www.urgebike.com/contact

Article 3 / Intellectual property

The Site, its content and all elements that constitute it, are creations for which Tribe Sport Group is the holder of the full intellectual property rights and / or rights of exploitation, in particular under copyright, database law, trademark law, and design law. The Site, as well as software, databases, texts, information, analyzes, images, photographs, graphics, logos, sounds, or any other data present on the Site, remain the exclusive property of Tribe Sport Group or, the where applicable, from their respective owners with whom Tribe Sport Group has entered into usage agreements. The Customer has the right to consult on line the data and information present on the Site, and may, for a strictly private use, print them or save them for a purchase or a purchase project. Any other use of the Site, particularly commercial, on the part of the Customer, is prohibited. The Customer is forbidden to reproduce and / or represent for a use other than private, to sell, distribute, broadcast, translate, adapt, broadcast and communicate in any form whatsoever, any element , information, or data of the Site.

In addition, the Customer is prohibited from introducing, by any means whatsoever, data likely to modify or impair the content or presentation of the Site. Any hypertext link to the Site must first be expressly authorized by Tribe Sport Group. In addition, any hypertext link even authorized expressly by Tribe Sport Group must be removed at first request from Tribe Sport Group.

Article 4 / Prices

For deliveries of Tribe Sport Group products made in the metropolitan territory of the European Union, the rates indicated on the Site are expressed by default in Euros and All Taxes included. For deliveries of third-party products registered in the metropolitan territory of the European Union and sent to the metropolitan territory of the European Union, the rates indicated on the Site are expressed by default in Euros and All Taxes included. For deliveries outside the metropolitan territory of the European Union or third-party products registered outside the metropolitan territory of the European Union, tariffs are expressed by default in Euros and excluding any taxes. The Customer agrees to pay, if necessary, all taxes that may be requested by the country of delivery, including value-added tax and any customs duties. These rights may be requested by the carrier. Tribe Sport Group can not be held responsible in the event that the Customer has not paid these taxes and fees.

These rates are broken down as follows:

• Product prices: these prices can be modified at any time by Tribe Sport Group . However, in case of modification, the selling price applied will be that in force at the time of the registration of the order. The prices indicated on the Site do not include delivery charges, unless otherwise stated.
• Delivery costs: Delivery costs depend on the products and the delivery method chosen by the Customer among the delivery methods offered by Tribe Sport Group. The amount (price of products and delivery costs) indicated in the confirmation of the order by Tribe Sport Group is the total price to be paid by the Customer.

Article 5 / Orders

Any order validated by the Customer constitutes an irrevocable acceptance of the sales contract which can only be challenged within the limits provided for in the T & Cs and the General Terms.

The two-step ordering procedure (double-click) associated with the authentication procedure and the protection of message integrity constitutes the validation of the sales contract. Tribe Sport Group will acknowledge receipt of the order to the Customer by sending an order confirmation email. The Customer will be able to consult the information relating to the order in the “my orders” section of the customer area. Tribe Sport Group reserves the right to cancel any order from a Customer with whom there is a dispute. The information provided by the Customer when placing the order is binding on the latter: in the event of an error in this information, and in particular the email address and contact details of the recipient, Tribe Sport Group can not be held responsible for the impossibility of deliver the product. Any delivery made to the address indicated by the Customer will be considered perfect. In the case of a reshipment due to a lack of information and / or error on the part of the Customer, the costs incurred by this reshipment will be billed to the Customer. In case of unavailability of a Tribe Sport Group, the Customer will be informed by email and the order of this specific product will be automatically canceled. The rest of the order remains firm and final. If the payment of this product has already been debited from the Customer’s account, it will be reimbursed. Otherwise the price of the unavailable product will not be charged.

Article 6 / Payment of price 

    6.1 / Terms of payment

Payment is made online by the Customer when ordering.
For all products, payment can be made:

• by credit card online (VISA, Mastercard, American Express),

For Tribe Sport Group products only, it can also be done:

• by Paypal
• by credit card by phone, by bank transfer

The order validated by the Customer will only be considered effective when the payment reaches Tribe Sport Group. In the event that Tribe Sport Group ‘ liability is sought for damages related to an error in the debited sums, Tribe Sport Group may waive all or part of its liability by providing proof that the error is attributable to the consumer, to an unforeseeable and insurmountable event of a third party, or to a case of force majeure.

In accordance with Article L. 441-6 of the Commercial Code, an indemnity of 40 € is due in the absence of payment the day after the date of payment appearing on the invoice as well as penalties of delay equivalent to 3 times the legal interest rate.

6.3 / Fraud checks

Tribe Sport Group controls certain orders, and may have to ask the Customer for all the parts needed to release the order.

Article 7 / Delivery 

    7.1 / Delivery time and terms

After confirmation of the order, the Products ordered will be delivered by the carrier chosen by the Customer, subject to their availability, and unless otherwise indicated to the customer when placing an order. The Customer is informed by e-mail of each delivery of the products to the carrier. Customer must contact the Tribe Sport Group Customer Service, from his account, or by mail, or by letter, to request that the delivery be made within a reasonable additional time. If the delivery is still not made after this additional period, the Customer may request the cancellation of his order to Tribe Sport Group Customer Service from his account, or by mail, or by letter. The order will be considered canceled upon receipt of this request. In this case the Customer will be refunded the total amount paid within 14 days.

Tribe Sport Group is responsible for delivery and delivery times only for Tribe Sport Group products.

    7.2 / Reception

Upon delivery, the customer is required to sign the delivery note. This delivery note is proof of receipt of the order. The delivery is made on the doorstep of shops for street shops or the ground floor for buildings, offices, houses (pavilions) or other establishments. It is up to the person receiving the order to indicate on the delivery note, in a detailed, precise and detailed manner, all the reservations that seem relevant to him. In case of apparent defects, the Customer has the right of return under the conditions provided below. In the event of an anomaly, the Customer must inform Tribe Sport Group Customer as soon as possible by any means. The Customer retains his right to request the application of legal warranties.

    7.3 / Returns and Exchanges for Non-Compliance or Defective Products

The Customer benefits from the legal guarantees of conformity and the latent defects, and this in accordance with the legal provisions in force as referred to in the article Responsibilities – Guarantees. In the event that the Customer refuses a delivery for error in the contents of the delivery, for non-conformity or defect of the ordered products, it will have to immediately contact the Avanis Customer, to determine the applicable return procedure, the recipient of the return, and the return address. All items must be returned with their accessories and notices, and, where possible, in their original packaging. The Customer has the legal period to request a credit or to be refunded the price, totally or partially in accordance with the provisions of Article L.217-10 of the Consumer Code. The consumer benefits from a period of 2 years from delivery of the property to act. The consumer can choose between repairing and replacing the good. As specified in Article L217-9 of the Consumer Code, the seller may choose another method than the one chosen by the buyer if this choice entails a cost obviously disproportionate to the other modality. The consumer is exempted from showing proof of the lack of conformity of the good during the 6 months following the delivery of the good. As of March 18, 2016, this period will be extended to 24 months. The legal guarantee of conformity applies regardless of the commercial guarantee that may be underwritten.
The consumer can decide to implement the warranty against hidden defects of the thing sold. In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.

Article 8 / Transfer of ownership - Transfer of risks

The transfer of ownership of the products, for the benefit of the Customer, will be realized at the time of delivery of the said products.

Article 9 / Right to withdraw

9.1 In accordance with Article L.221-18 of the Consumer Code, the Customer has a period of fourteen days from the date of receipt of the order to exercise his right of withdrawal, without having to justify its decision or other costs than those provided for in Articles L. 221-23 to L. 221-25.

9.2 The exercise of the right of withdrawal must be done from Tribe Sport Group. To ensure proper handling of your request, the Customer is advised to keep Tribe Sport Group informed in good time and follow the detailed return procedure in the “Product Return” section of the Website.

9.3 The product must be returned by post, preferably with delivery against signature, to the address indicated:

• In the withdrawal form attached to the GTC
• It must send them to this address within fourteen (14) days of sending the withdrawal. Return shipping costs will be the sole responsibility of the Customer . Tribe Sport Group is not responsible for lost returns.

9.4 The product must arrive in perfect condition for resale, without any trace of use, with its accessories, manuals and original packaging. The conformity of this return will be checked and validated upon receipt.

9.5 Tribe Sport Group will refund the sums paid by the Customer, free of charge, with the exception of the return costs. In the event of partial return of an order, the amount of the refund will include only the price of the products concerned, without the expenses of delivery (go). The refund is due within a maximum of fourteen (14) days. However the refund may be deferred until the recovery of the good by Tribe Sport Group concerned, or upon receipt of the proof of shipment of the return of the product.

9.6 In case of exercise by the Customer of his right of withdrawal, when the price of the order, object of the withdrawal, is entirely or partially covered by a credit granted to the Customer, the credit agreement is terminated, without penalty.

Article 10 / Responsability - Guarantee

10.1 Tribe Sport Group assumes, with respect to the Customer, the responsibility for the products they sell, in accordance with the regulations in force.

10.2 Tribe Sport Group’sliability can not be blamed for minor variations that may have persisted despite all the precautions taken in representing the products.

10.3 In case of non-compliance, the Customer may choose between repair and replacement of the product. As specified in Article L217-9 of the Consumer Code, the seller may however choose another method than that chosen by the buyer if this choice entails a cost obviously disproportionate to the other modality. If the repair and replacement of the product are impossible, the Customer may return the goods and be refund the price, or keep the product and be refunded part of the price in accordance with Article L.217-10 of the Code de la consumption. The legal guarantee of conformity applies regardless of the possible commercial guarantee of the seller or the manufacturer. The consumer benefits from a period of 2 years from delivery of the goods to act in case of non-compliance.

10.4 In case of hidden defects, the seller is bound by the warranty for defects that make the product unsuitable for the intended use, or that reduce such use so much that the Customer has not acquired it or would have given a lower price if he had known them. In this case, the Customer has the choice to return the product and get the price back, or keep the product and get a part of the price. The Customer has a period of 2 years from the discovery of the defect.

10.5 Tribe Sport Group can not be held responsible for non-compliance with the regulatory and legal provisions in force in a receiving country other than France. The Customer is solely responsible for the choice of products, their conservation and their use.

10.6 Unless the producer is not identifiable, Tribe Sport Group can not be held liable for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of the products marketed. The same is true for any changes in the products resulting from the manufacturers.

10.7 For any question about product warranties, the Customer has the possibility, before placing an order, to put a question to Customer Service via the contact section of the Site.

Article 11 / Confidentiality - Protection of personal data

These Terms are subject to the provisions of European regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as well as to those of the law n ° 78-17 of January 6th, 1978 relating to data processing, the files and the liberties and any other applicable regulation in the matter which would come to supplement or replace them later.

The personal information and personal data concerning the Customer are necessary for the management of his orders and the commercial relations between Tribe Sport Group and this one. These data are for example: Name, Address, Phone Number, Email Address, Bank Card Information, IP Address. In the absence of such information, Tribe Sport Group will not be able to provide its service. This information can be passed on to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This computer processing has been declared to the Commission Nationale Informatique et Libertés (CNIL) under number: 1390007. This information and data is kept for security purposes in order to comply with legal and regulatory requirements. It may be used by Tribe Sport Group to provide the Customer with promotional offers, for statistical and anti-fraud purposes, for the legitimate interest of commercial development, technical improvement of its systems and the knowledge of its Customers and, finally, where appropriate with the consent of the Customer, customization of services, including through advertisements. Depending on the choices made during the creation or consultation of his account, the Customer will be likely to receive offers Tribe Sport Group’s company.

The Customer can unsubscribe from Tribe Sport Group’s newsletters at any time either by clicking on the link in all e-mails. The Customer also has the opportunity to register on the list of opposition to canvassing phone. The information relating to this device is available on the website http://www.bloctel.gouv.fr/.

The Site also provides Customers with the means to evaluate the performance of third-party sellers at the end of the delivery of the order. The assessment is carried out according to evaluation criteria. As such, Tribe Sport Group does not control the appreciation made by the Customers, which it merely stores on the Site. It may, however, be required to delete, without notice, any assessment the content of which has been reported to it to be unlawful. The evaluations left by the Customers, as well as the pseudonym of the Customer, may be visible to any visitor to the Site. The Customer undertakes to comment and evaluate the performance of third-party sellers in an objective manner and acknowledges being aware of being liable to prosecution, particularly in the case of defamatory, slanderous and / or deceptive comments. The Customer can also consult and modify his personal data in his customer area.

The Customer has a right of access, modification, opposition, portability, limitation and deletion of information concerning him, as well as to define directives concerning the fate of his personal data in case of death, which he will send by simple email to Tribe Sport Group at the following address: contact@tribesportgroup.com.

Finally, the Customer has the right to lodge a complaint with a supervisory authority.

Article 12 / Coordinates of the company

Tribe Sport Group
4 rue Condorcet
83310 Cogolin
France

Article 13 / Disputes and applicable law - Claims processing - Mediation

All purchase transactions made via the Site are subject to French law.

Any complaint can be made via the contact forms available in the ‘contact’ tab, and it will be answered to the Customer as soon as possible. In the event of difficulties in the application of the GSC, the Customer has the possibility, before any mediation and any legal action, to seek an amicable solution notably with the help of a professional association of the branch, of a consumer association, the European Online Dispute Resolution Service ( https://ec.europa.eu/ consumers / odr ) or any other advice of his choice. In the absence of an amicable solution, the Customer can seize for free the Mediator Medicys (73 boulevard de Clichy, 75009 Paris, see https: //www.medicys.fr/ ). It is recalled that, as a general rule, and subject to the discretion of the Courts, compliance with the provisions of the Terms and Conditions relating to the contractual guarantee assumes that the Customer is honoring its financial commitments to Avanis.

Any dispute that can not be resolved amicably, will fall within the courts of the place where the Customer remained at the time of the conclusion of the contract or that of the occurrence of the harmful event.

APPENDIX
Typical retractation form for Avanis products

RETRACTATION FORM

Informations concerning the exercise of the right of retractation

Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last goods. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail). You can also complete and submit the model withdrawal form or other unambiguous declaration on our website www.alltricks.fr. If you use this option, we will promptly send you an acknowledgment of receipt of the retraction on a durable medium (for example, by email). In order for the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Retractation effects
In the event of your withdrawal from this contract, we will reimburse you for all payments received from you, including delivery charges (except for additional charges arising from the fact that you have chosen, if applicable, a mode of delivery other than the less expensive mode of standard delivery proposed by us) without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will refund using the same means of payment as you used for the original transaction, unless you expressly agree otherwise; in any case, this refund will not cause any costs for you. We may defer repayment until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earlier.

You must return or return the property, to ourselves, without undue delay and, in any case, no later than fourteen days after you have communicated to us your decision to withdraw from this contract. This period is considered respected if you return the good before the expiration of the period of fourteen days.

You will be responsible for the direct costs of returning the property.