General terms and conditions
ARTICLE 1 – Scope
The present General Terms and Conditions of Sale are applicable, without limitation and unconditionally to all human-powered or electric cycle hire services (bicycle, mountain bikes or all terrain bikes) and to all accessory hire services (“Services”) offered by HB ENTREPRISES 47 Limited Liability Company, registered with the Agen Register of Companies under the individual identification number 848 855 318 (the “Service Provider”) to its clients (“Client or Clients”).
The main features of the Services and in particular the specifications, illustrations and indications of the dimensions or the capacity of the hired equipment, are presented on the Service Provider’s website www.cyclesouthwestfrance.com (English version) or www.cyclessudouest.com (French version) or on the manufacturer’s website, which can be accessed via the Service Provider’s website.
The Client is responsible for ensuring he has familiarised himself with these before placing an order.
The choice and the purchase of a hire Service, and the selection of the hired equipment, are the sole responsibility of the Client.
The photographs and graphics featured on the website www.cyclesouthwestfrance.com / www.cyclessudouest.com or on the manufacturer’s website are not contractual and the Service Provider may not be held liable for them.
It is the Client’s responsibility to refer to the description of each piece of equipment for information on its main characteristics and specific features.
Offers to hire are subject to the availability of equipment stock, as specified at the time of placing an order.
These General Terms of Sale can be accessed at any time on the website www.cyclesouthwestfrance.com / www.cyclessudouest.com and are sent to the Client concomitantly in an email along with the quotation summary for the order by HB ENTREPRISES 47. In the event of the aforementioned conflicting with any other version or document, the former will apply.
The Client confirms that he has familiarised himself with the present General Terms of Sale and that he agrees to them:
– Either by ticking the box provided before an online order is processed to accept these and the general terms of use of the website www.cyclesouthwestfrance.com / www.cyclessudouest.com.
– Or by paying the booking deposit via the Swikly.com platform.
These General Terms of Sale may be subject to subsequent modifications and in this case the version which will apply to the hire service the Client subscribes to will be the version sent to the Client with the summary quotation for the order (identical to those in force on the website at the time of placing the order).
Unless proved otherwise, the data saved in the Vendor’s IT system and the emails which have been exchanged between the Service Provider and the Client constitute proof of all the transactions agreed with the Client.
In accordance with the Law on Data Processing and Freedom of 6th January 1978, reinforced and completed by the GDPR regulations (General Data Protection Regulations), which came into effect
on 25th May 2018, the Client has a right to access, rectify, oppose or delete all of his personal data, as well as the right to portability, at any time by sending a request in writing, along with proof of his identity, to:
HB ENTREPRISES 47
12 rue Maurice Luxembourg 47 160 BUZET SUR BAISE. Telephone: +33 7.85.14.56.17 / +33 6.73.98.88.69
Email address: cyclesouthwestfrance@gmail.com
By validating an order and/or paying a deposit via the platform Swikly.com, the Client is deemed to have agreed unconditionally and without restrictions to the present General Terms of Sale.
The Client states that he has the authority to enter into a contract and to subscribe to the Services offered on the www.cyclesouthwestfrance.com / www.cyclessudouest.com website.
Modifications to these General Terms of Sale are enforceable with regards to users of the www.cyclesouthwestfrance.com / www.cyclessudouest.com website as from the time they are posted on line and may not be applied to transactions which have been agreed before this time.
Cycle and cycling equipment hire Services are available for the following regions: the Gironde, Lot-Et-Garonne, Tarn-Et-Garonne, Haute-Garonne and the Hérault Departments.
ARTICLE 2 – Orders
It is the Client’s responsibility to select the equipment and accessories he wishes to hire on the www.cyclesouthwestfrance.com / www.cyclessudouest.com website.
Once he has selected the equipment, the Client contacts the Service Provider by email or by telephone to specify all of the details of the hire Service (material to hire, hire period, hire date and time, organisation of the collection and return of the hire equipment).
The Service Provider draws up a quotation based on the information provided by the Client and sends this quotation to the Client for validation, with the present general terms of sale attached. Once the booking has been confirmed by the Client, the Service Provider sends him an information sheet, which will enable the Service Provider to generate an invoice which he sends to the Client, specifying the amount of the deposit to be paid by the Client. The payment of the deposit by the Client via the swikly.com platform entails entering into a contract and agreeing to the present General Terms of Sale unconditionally and without limitations.
Contractual information appears on the Service Provider’s website in French and/ or English and is subject to confirmation no later than at the time of the Client validating an order.
The Services provided are valid as and when they feature on the website, subject to availability of equipment.
The sale of services will only be deemed definitive once the Service Provider has sent the Client the confirmation of the rental agreement by email and once the Client has paid the deposit due in full.
For orders which are placed entirely on the internet, an order will be registered on the Service Provider’s website once the Client accepts the present General Terms of Sale by ticking the appropriate box and validating his order. The Client may check the details and the total price of the order and rectify any errors before confirming his agreement (article 1127-2 of the Civil Code). This validation implies that the Client agrees to all of the General Terms of Sale and acts as proof of a rental contract.
It is the Client’s responsibility to check that the order is correct and to immediately notify the Service Provider of any errors.
Any order which is placed on the www.cyclesouthwestfrance.com / www.cyclessudouest.com website or through emails between the Client and the Service Provider constitutes a contract having been signed remotely and entered into between the Client and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Client with whom there has been a dispute with regards to payment for a previous order.
In the event of the Client cancelling an order after the Service Provider has accepted said order within 30 days of the period the Services ordered were due to be provided, for any reason whatsoever, other than in the case of exercising the right to withdraw or in the event of force majeure, the deposit paid at the time of ordering, as defined in the article on “Payment Conditions” of the present General Terms of Sale, will by rights belong to the Service Provider and will not be subject to any refund whatsoever.
ARTICLE 3 – SPECIFIC OBLIGATIONS OF THE CLIENT AND USERS OF RENTAL EQUIPMENT – LIMITATION OF THE SERVICE PROVIDER’S LIABILITY
Clients who place an order for themselves and/or on behalf of a third party undertake to ensure that all of the present General Terms of Sale are adhered to by each user of the rental equipment.
The Client confirms that the Service Provider has drawn his attention in particular to the importance of ensuring that each user of the equipment is sufficiently physically fit and that their medical condition allows them to do physical activity and that in particular the Service Provider recommends that they obtain a medical certificate which confirms that they are able to do exercise, given the nature of the rental material.
To that effect, it is specified that assessing whether the use of the equipment is appropriate given the physical aptitudes of the users is the sole responsibility of the Client.
The Client is also aware that use of the equipment by a user who has consumed alcohol and/or taken drugs is strictly forbidden.
Each user of the rental equipment must respect the Highway Code, exercise caution and use the equipment only for its intended purpose. Each user is personally responsible for any road safety offences they may commit and is liable for any physical and material damage they may cause while using the rental equipment.
In order to allow Clients to take tourist itineraries in the South-West region of France, the Service Provider may, at the Client’s request, suggest routes and itineraries. In any event, any itineraries which the Service Provider proposes remain merely suggestions in response to specific requests or information from the Client, who remains in any event, responsible for ensuring that the suggested route is appropriate for the physical condition of the users of the rental equipment.
Moreover, the Client is aware that the equipment belongs in full to the company and he will refrain from making any aesthetic or mechanical changes to it.
The Client is aware that the rental contract is not assignable and non-transferable. Likewise, sub-letting equipment is strictly forbidden.
ARTICLE 4 – RATES
The Services are provided at the rate in effect which is listed on the website www.cyclesouthwestfrance.com / www.cyclessudouest.com, at the time of the Service Provider processing the order, or at the rates which figure on the quotation which the Service Provider sends by email to the Client. The prices are listed in Euros.
The rates include any reductions which may be given by the Service Provider.
These rates are firm and non-revisable during their period of validity, as indicated on the website www.cyclesouthwestfrance.com / www.cyclessudouest.com, the Service Provider however reserves the right, beyond this period of validity, to modify the prices at any time. They do not include processing fees, shipping fees, transport and delivery fees of the cycles, which are invoiced as an extra, as per the conditions mentioned on the website www.cyclesouthwestfrance.com / www.cyclessudouest.com and calculated prior to placing the order.
The payment request to the Client is equivalent to the total amount for the Service, including these fees.
Moreover, each booking is subject to the payment of a security deposit from the Client to the Service Provider, with the aim of guaranteeing that the Client’s obligations and in particular the obligation of returning the equipment hired in an identical condition to that in which it was provided to the Client, at the date and time agreed with the Service Provider.
The amount of the security deposit comes to:
– 200 euros per standard bike (all terrain bike);
– 1000 euros per e-bike (electric assisted bike).
The security deposit must be paid at the latest at the time of handing over the equipment to the Client, and it should be paid by French bank cheque, which will not be cashed before the Client returns the equipment, or by credit card imprint via the Swikly.com platform, which will not be debited.
An invoice is drawn up by the Service Provider and is sent to the client when the order is confirmed to the Client by the Service Provider.
ARTICLE 5 – Payment Conditions
A deposit of 35% of the total price of the Services ordered must be paid by the Client at the time of placing the order on the Swikly.com platform.
The balance is to be paid in full, at the latest on the day of the rental equipment being handed over, as per the conditions defined in the article on “Service Provided” below.
The following secure payment methods are accepted:
– Bank cards: Visa, MasterCard, American Express, other credit cards
Payment data is encrypted for transfer.
The Client may also make payment for the order:
– By cheque,
– In cash for the balance of the order after the deposit.
For payments by cheque, the cheque must be issued by a bank located in France.
The cheque will be deposited as soon as it is received.
The Service Provider is not obliged to provide the equipment hired by the Client if the balance has not been paid in full beforehand as per the conditions and as set out above.
Payments made by the Client will only be deemed final upon the Service Provider actually receiving the sums due.
In the event of late payment of the sums due by the Client after the date set out above, and after the payment date which figures on the invoice addressed to the Client, late payment penalties calculated at the monthly rate of 1.5% of the sum of the rental excluding tax will automatically be due by rights to the Service Provider, without any formalities or advance notice.
Late payment will render all sums owed by the Client due immediately, without prejudice to any other proceedings the Service Provider may be within his rights to begin with regards to the Client for this matter.
Moreover, the Service Provider reserves the right, in the event of the payment terms which figure above not being respected, to suspend or to cancel the Services ordered by the Client and/or to suspend the fulfilment of his obligations.
No additional fees, above and beyond the costs incurred by the Service Provider for the use of any payment method may be charged to the Client.
ARTICLE 6 – Service Provided
The equipment and accessories hired by the Client will be delivered to the Client on the dates agreed at the time of the Service Provider validating the Client’s order, as per the conditions set out in the present General Terms of Sale, to the address indicated by the Client at the time of his order on the www.cyclesouthwestfrance.com / www.cyclessudouest.com website or on the information sheet sent by email to the Client from the Service Provider.
The Service Provider undertakes to make every effort to provide the equipment ordered by the Client, within the context of a best effort undertaking at the date agreed with the Client.
If the rental equipment is not provided at the agreed date for any cause other than force majeure or due to the Client, the sale contract may be terminated at the written request of the Client as per the conditions set out in articles L 216-2 L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will be returned to him no later than fourteen days after the termination of the contract, excluding any compensation or deductions.
The identity of the Service Provider is as follows:
– Name – Company name: la Société HB ENTREPRISES 47 registered with the Register of Companies under number 845 855 318,
– Form of organisation: Limited Liability Company,
– Capital: 1.000 euros,
– Head Office: 12, rue Maurice Luxembourg – 47160 BUZET SUR BAISE,
– Registration number: 848 855 318 RCS AGEN.
The Services may be provided and the equipment delivered to any place requested by the Client and agreed by the Service Provider entirely at the Client’s expense.
Likewise, in the event of a special request from the Client with regards to the conditions of renting the equipment and accessories, which has been duly accepted in writing by the Service Provider, the associated costs will be mentioned on a subsequent specific additional invoice.
If the Client does not expressly mention any reserves or complaints at the time of receiving the Services, the latter will be deemed to comply with the order, in quantity and quality.
The Client has a period of 24 hours from the time of the Services having been provided to express in writing any reserves or complaints, with all associated evidence, to the Service Provider.
No complaint will be accepted as valid if these formalities and deadlines are not respected by the Client.
The Service Provider will reimburse the Client or rectify the issue (where possible] as quickly as possible and at his expense, by means which are appropriate and agreed with the Client, for Services which the Client duly proves do not comply and strictly limited to cases of compliance defects or missing equipment.
The risk is transferred to the Client at the time of handing over the equipment and accessories, and the Client will take responsibility for the custody under his sole responsibility, and he will undertake to use the equipment and accessories only in reasonable circumstances.
In the event of stolen rental equipment, the Client must advise the Service provider, register the theft with the competent authorities and provide the Service Provider with a copy of the police report without delay.
The Client will be personally liable in the event of damage, breakage and theft to the rental equipment. In the event of breakage, the Client agrees to return all of the damaged equipment. The damage to the equipment will be billed to the Client by the Service Provider, although it is stipulated that the repair, maintenance or exchange of parts or tyres as a result of normal wear and tear is at the Service Provider’s expense. Repairs, maintenance and exchanges or parts or tyres as a result of the Client’s fault are at the Client’s expense.
ARTICLE 7 – Right to withdraw
Given the nature of the services provided, orders placed by the Client will not be subject to the right to withdraw.
Therefore, the contract is signed as final as soon as the order is placed by the Client as per the terms set out in the present General Terms of Sale.
ARTICLE 8 – Responsibility of the Service Provider – Guarantee
The Service Provider gives a guarantee, in accordance with legal provisions and without any additional payment, to the Client for any compliance defects or inherent defects, due to a design fault or a fault in fulfilling the Services ordered.
In order to exercise his rights, the Client must notify the Service Provider, in writing, of the faults or defects within 24 hours maximum from the time the Services are provided.
The Service Provider will refund or rectify (insofar as this is possible) the Services which are deemed faulty as promptly as possible.
Refunds will be credited to the Client’s bank account or take the form of a cheque made out to the Client.
The Service Provider’s guarantee is limited to refunding Services which have already been paid by the Client and the Service Provider may not be held liable or considered to be defaulting for any delay or subsequent inability to provide the Service in the event of a case of force majeure which is generally recognised as such under French law.
The Services comply with the regulations in effect in France.
ARTICLE 9 – Data processing and freedom
In application of law 78-17 of 6th January 1978, subsequently amended by law n°2018-493 of 20th June 2018, you are reminded that personal data requested from the Client are required namely for processing orders and drawing up invoices.
This data may be transferred to partners of the Service Provider who are in charge of handling, processing, managing and dealing with payment for orders.
The processing of this information transferred through the website “www.cyclesouthwestfrance.com / www.cyclessudouest.com” meets legal requirements with regards to personal data protection and the IT system used ensures optimal protection of this data.
In accordance with national and European regulations in force, the Client has the right at all times to access, modify, rectify, oppose, request the portability of and restrict processing of his personal data.
This right may be exercised as per the terms and conditions set out on the website “www.cyclesouthwestfrance.com / www.cyclessudouest.com”.
ARTICLE 10 – Intellectual Property
The content of the “www.cyclesouthwestfrance.com / www.cyclessudouest.com” website is the property of the Service Provider and his partners and is protected under French and international law with regards to intellectual property rights.
Any reproduction, in full or in part, of the content is strictly forbidden and is liable to be considered as a forgery.
Moreover, the Service Provider retains the intellectual property rights for photographs, presentations, studies, drawings, models, prototypes etc. which he has made (even if this is at the request of the Client) with a view to providing Services to the Client. Therefore, the Client will refrain from any reproduction or use of said studies, drawings, models and prototypes etc., unless he has the express prior written agreement of the Service Provider, who may authorise this in return for financial compensation.
ARTICLE 11 – Unforeseeable Circumstances
The present General Terms of Sale expressly exclude legal measures on unforeseeable circumstances as set out in article 1195 of the Civil Code for all Service operations provided by the Service Provider to the Client. The Service Provider and the Client each waive the right to exercise the provisions or article 1195 of the Civil Code and the unforeseeable circumstances scheme which is set out therein, and agree to meet their obligations even if the contractual balance may shift due to circumstances which could not be foreseen at the time of agreeing the sale, and even if meeting their obligations proves to be costly, they will bear all the economic and financial consequences thereof.
ARTICLE 12 – Enforcement proceedings
As a dispensation to the provisions of article 1221 of the Civil Code, the Parties agree that in the event of one or the other of the Parties failing to meet their obligations, the party affected by this failure may not demand that the contract be enforced.
The Party affected by the failure may, in the event that any one of the obligations which are the responsibility of the other Party is not met, request the termination of the contract as per the terms set out in the article on “Terminating the Contract.”
ARTICLE 13 – Exception for non-performance
It is reminded that in accordance with article 1219 of the Civil Code, each Party may refuse to meet their obligations, even if said obligations are enforceable, if the other Party does not meet his obligations and if this breach is sufficiently serious, i.e., liable to call into question the continuation of the contract or fundamentally change its economic balance. The stay will come into effect immediately, when the defaulting Party receives notification of the breach to that effect from the Party affected by the breach mentioning his intention to apply the exception for non-performance until the defaulting Party resolves the breach by registered letter against signature, or by any other lasting written means which can act as proof of sending.
This exception for non-performance may also be used as a preventative measure, as per the provisions of article 1220 of the Civil Code, if it appears as though one of the Parties will not meet his obligations on time and that the consequences of this non-performance are sufficiently serious for the Party affected by the breach.
This option is to be used at the initiating Party’s own risk.
The stay will come into effect immediately, when the defaulting Party receives notification of the intention to apply the exception for non-performance until the Party at risk of breaching the obligations solves the issue which may appear to lead to a breach, by registered letter against signature, or by any other lasting written means which can act as proof of sending.
ARTICLE 14 – Force majeure
The Parties will not accept liability for a delay to fulfilling the contract or for not meeting any one of their obligations, as set out in the present, if this is due to a case of force majeure/ Act of God, as defined in article 1218 of the Civil Code.
By express agreement, transport strikes, road blocks and more generally any event beyond the Service provider’s control which prevents him from delivering or collecting the cycles at the agreed date and place, constitutes a case of force majeure.
The Party who becomes aware of the event should notify the other party without delay of his inability to provide the service and the reasons for this. The suspension of obligations may in no case be a cause for not fulfilling the obligation in question, nor may it lead to compensation and interest or late execution penalties.
The fulfilment of the obligation is suspended for the duration of the force majeure if said force majeure is temporary in nature. Consequently, as soon as the reason for suspending their reciprocal obligations is lifted, the Parties will make every effort to go back to meeting their contractual obligations as normal as quickly as possible. To that effect, the Party who was unable to meet his obligations will advise the other Party of the situation returning to normal by registered letter against signature or by any form of extrajudicial act. If the obstacle is permanent, the presents will be plainly and simply be cancelled as per the terms set out in the article “Termination for force majeure”.
ARTICLE 15 – Termination of the contract
It is expressly agreed that the Parties may terminate the present contract by rights, without notice and without formalities.
The services exchanged between the Parties after the signature of the contract and until its termination having run their course by dint of the reciprocal fulfilment of the contract, they will not give rise to a refund for the period prior to the last service which has not been compensated.
In any event, the injured Party may bring proceedings for damages.
ARTICLE 16 – Applicable Law – Language
The present General Terms of Sale and the resulting transactions between the Service Provider and the Client are governed by and subject to French law.
The present General Terms of Sale are drawn up in French and English.
They may in addition be translated into one or more foreign languages.
In any event, the French text alone will be authoritative in the event of a dispute.
ARTICLE 17 – Disputes
Any disputes arising from transactions of renting material carried out in accordance with the present general terms of sale, with regards to the validity, interpretation, execution, resolution, and consequences of said terms, which is not possible to resolved amicably between the Vendor and the Client, will be submitted to the competent court under the terms of common law.
The Client is advised that he may in any event have recourse to conventional mediation, namely through the Commission for Consumer Mediation (Consumer code art. L 612-1) or through the mediation bodies by sector, or through any alternative means of settling differences (conciliation, for example) in the event of a dispute.
ARTICLE 18 – Precontractual Information – The Client’s Agreement
The Client states that he has been made aware of the present General Terms of Sale and all the information listed in article L.221-5 of the Consumer Code and notably, the information listed below, prior to the immediate purchase or the placing of an order and at the time of entering into the contract, in a clear and comprehensible manner:
– the essential features of the Service;
– the price of the Services and additional fees (for example, delivery);
– in the event where the contract does not come into effect immediately, the date or the time limit at which the Service Provider agrees to provide the Services ordered;
– information with regards to the identity of the Service Provider, his postal address, telephone number and email address and the nature of his business, if this is within the context:
– information with regards to the legal and contractual guarantees and the terms for implementing these;
– the workings of digital content, and if appropriate, its interoperability;
– the option to seek conventional mediation in the event of a dispute.
The fact of an individual (or a company) making an immediate purchase or ordering a service implies the full and entire agreement and adherence to the present General Terms of Sale and the obligation for payment for the Services ordered, which is expressly agreed by the Client, who notably waives the right to invoke any contradictory document, which would be unenforceable on the Service Provider.
