PREAMBLE

The company MOTO LABO operates the online store under its subsidiary registered in the Commercial Register under number 34470739300072. SARL with a share capital of €115,000, offering an online website accessible at www.univers-motoguzzi.fr.

These General Terms and Conditions of Sale apply to orders placed on the online store. They aim to define the sales regime and the rights and obligations arising from it.

We inform you that, as you are ordering products from the online store, your agreement to the content of these General Terms and Conditions of Sale does not require a handwritten signature.

We are committed to regularly updating the text of the general terms of sale. We encourage you to review the version in effect on the date of your order.

OFFERS

1. Offer Conditions: Product Availability

Our product offers and prices are valid as long as they are visible on the site, within the limits of available stock. For products not stored in our warehouses, our offers are valid subject to availability from our suppliers. In this case, information on product availability is provided when placing your order. Since this information comes directly from our suppliers, errors or changes may occasionally occur.

In the event that out-of-stock products are unavailable after you place your order, we will notify you by email as soon as we receive information from our suppliers. Unless you request a replacement product of equivalent value, your unavailable order can be canceled upon your request, and you will be refunded if your account has been debited.

2. Product Identification: Information

Photographs, texts, graphics, and technical sheets are mostly derived from documentation prepared by manufacturers or builders.

3. Marketing of Products: Compliance with Offers

The products we offer comply with the legislation and safety standards applicable in Europe and France for electrical and electronic devices. These products are CE certified and therefore authorized for sale within the European Union. In cases where a package does not contain a paper manual in French, we commit to providing this additional document either in paper or digital format, depending on availability.

For any purchase intended for export, you must verify the specific legislation of the country concerned, including taxes, declarations, prohibitions, etc. We cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to verify with local authorities the possibilities of importing or using the products or services.

4. Purchases for Professional Use

Our company is not intended to sell to professionals, even though the products offered have performance compatible with professional uses. In the case of a purchase for professional use, we especially draw your attention to the need to assess the compatibility of the product’s performance with the intended use. Our site cannot be held responsible for any damage resulting from professional use.

ORDER

5. Information when Ordering: Details to Provide

You must verify the completeness and accuracy of the information you provide when ordering, especially regarding the delivery address. We cannot be held responsible for any input errors and their consequences (such as delays or delivery errors). In such cases, any costs incurred for re-shipping the order will be at your expense.

6. Ordering a Product for Use Outside France: You Must Be Careful

You must take into consideration that, in the context of relocating an order or product to a country other than mainland France, you remain the importer (or intra-community acquirer) of the product(s) concerned. Customs duties, local taxes, import duties, or state taxes that may be required are your responsibility. You must inquire with the local authorities of your residence about the entry conditions for the products ordered and ensure all relevant declarations and/or payments are made to the competent authorities in the concerned country.

Additionally, you must verify with local authorities the possibilities of importing or using the products or services you intend to ship. You must also ensure that the specific technical characteristics of the product meet the legislation of the concerned country. If you fail to comply with the legislation of the country where you introduced the products, we cannot be held responsible. In particular, if you have the products delivered outside of French territory, you must pay any tax, levy, or remuneration due for private copy or intellectual property rights in your country.

You must therefore check whether the ordered product is subject to such taxes, levies, or remuneration, the amount of these, and the process of their declaration and payment with the authorities designated by the law of your delivery location.

PAYMENT

7. Payment Methods

To pay for your order, you can use all payment methods offered when finalizing the order on the payment page.

8. Online Payment: What Security?

By validating the order form, you guarantee that you have the necessary authorizations to use the payment method you have chosen.

We assure you that payment card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in clear text over the network. Payment is made directly to the bank.

9. Total Payment: The Principle

You pay the full price of the product at the time of the order. The sums collected cannot be considered as deposits. An order will be considered completed when all the products have been shipped and when you have fully paid for the products and your contribution to shipping costs.

We have the right to refuse delivery or honor an order if it has not been fully paid for.

Failure to pay a total or partial installment will result, without formalities, in the forfeiture of the term, making all sums due, even those not yet due, immediately payable, without prior notice, at the legal interest rate.

Customs Clearance:

For non-EU and DOM-TOM countries subject to customs clearance, the customer pays for the order including VAT. Upon receipt of the package, the customer must send us a copy of the CN23 customs declaration form by email to direction@motolabo.fr or by mail to UNIVERS-MOTOGUZZI, 2 rue de Bretagne 38130 ECHIROLLES, France, to initiate a VAT refund. Upon receipt, our services will refund the VAT amount to the credit card used for payment.

10. Shipping: Mode and Costs?

Products will be delivered to the address you provide on the order form.

• In relay points: Shipping costs are €5.90 for all orders, except for marked products. Free shipping to relay points for orders over €79.
• In mainland France: Shipping costs are €8.90 for all orders, except for marked products. Free home delivery for orders over €150.
• In Europe: Shipping costs are €18.90 for all orders, except for marked products. For orders over €150, shipping costs are €10.
• In DOM-TOM: Shipping costs are €28.90 for all orders, except for marked products. For orders over €150, shipping costs are €20.

11. Delivery Dates: When Will Your Products Arrive?

The shipping time is indicated for each product. Shipping costs cover only one shipment, so orders are shipped when the entire order is ready. To receive products with 24-48 hours shipping more quickly, we suggest placing two separate orders to handle different shipping times. Delivery conditions and times follow LA POSTE COLISSIMO terms. We decline any responsibility for non-compliance with delivery times and conditions.

RECEPTION OF THE ORDER

12. Care to be Taken by the Person Receiving the Package?

If you entrust the receipt of the product to a third party (relative, concierge, or receptionist at your workplace, etc.), that person receives the package on your behalf. They are responsible in this case, so you must ask them to be vigilant with the usual precautions and remind them to handle the received item with care as if they were the intended recipient. All our packages are delivered against signature. If you contest not being the person who received the package, you must inform us of the delivery dispute within 15 days of the shipping date. If the shipped items are no longer available, a credit corresponding to the order amount will be sent to you.

13. Initial Verification: What Precautions Should Be Taken?

We invite you to check (or have checked by your representative) the apparent condition of the products upon delivery with the delivery driver. Regardless of the carrier, if there is an apparent anomaly (damage, missing product compared to the delivery note, externally damaged parcel, abnormal noise, broken products, etc.), you must refuse the package. Otherwise, you must:

• Unbox the package in the presence of the delivery driver, and make handwritten detailed reservations, having the driver sign next to them. The reservations made by the recipient upon delivery constitute proof of the existence and extent of the damage. Be precise and complete in your wording (the simple mention "subject to unpacking" is considered too general and imprecise), and
• Notify the carrier in writing by registered letter with acknowledgment of receipt, a reasoned protest within three (3) days of receiving the goods, in accordance with Article L.133-3 of the French Commercial Code,
• Inform us via your client area or registered mail within three (3) working days following the delivery of your package. For proof purposes, we recommend that you send us photographs of all sides of your package within this same period.

In case of any problem upon receipt, it is essential that you keep the items in the condition in which they were delivered (including accessories, manuals, packaging, and outer packaging). If the products need to be returned, you must submit a return request.

This request should be accompanied, if applicable, by a copy of the letter sent to the carrier or the "theft report" (report 170 for the Post Office) or the "anomaly report" obtained from the carrier. As a precaution, we ask you to keep a copy of this form. In the absence of a transport-related anomaly, the return number request can be made by phone to our customer service.

In any case, these precautions do not prevent the benefit of legal warranties and the exercise of the right of withdrawal. However, for your withdrawal to be accepted, you must have informed us of the anomaly or theft beforehand.

14. Spotting and Reacting to an Anomaly.

In the case of delivery by La Poste, if the package arrives opened and/or damaged (notably with the presence of yellow tape "La Poste"), we advise you to refuse it.

If you or your representative decides to accept the goods, you must be careful to:

• Make handwritten detailed reservations on the observed anomaly and
• Fill out an "anomaly report" as required by La Poste's regulations. This form must be sent to us so that we can open an investigation and start an indemnification procedure, if applicable.

If you or your representative prefers to refuse the goods, in addition to the "handwritten detailed reservations" to be made, you must request the carrier to return the package to us, accompanied by a "theft report" (report 170). As a precaution, we advise you to keep a copy of this form.

In the case of delivery by other carriers, whether you accept the delivery or not, for any opened and/or damaged package, you must make "handwritten detailed reservations" which you will notify on the delivery slip and inform us in writing, as well as the carrier, within three (3) working days following delivery.

15. Delivery Error

Recipient error: If you receive a delivery not intended for you, we ask you to refuse the package. If you accepted it, please keep the package as is and immediately inform our customer service.

Non-compliant products: In the event of a non-compliant product, you can submit your claims to our customer service:

• You will be asked to describe the reasons for the non-compliance in detail.

We remind you that under Article 1376 of the Civil Code, if you receive an order not intended for you, you are obliged to return it. Otherwise, we will have the right to charge you for the product you have received in error.

GENERAL RETURN CONDITIONS

16. Complete Return of the Order

When returning the product, we recommend that you overwrap the original packaging of your products, as we can only accept products returned in full (including packaging, cables, accessories, warranty coupons, drivers, manuals, covers, caps, protections, etc.), with the original packaging intact and in good condition.

You must accompany your return with a copy of the invoice.

Refund or exchange assumes that you have not damaged the product or returned it incomplete. Otherwise, the return will be refused. If the product arrives without packaging or damaged, we reserve the right to return the product as is.

Note that the refund will be made, less the shipping costs of €8.90, which corresponds to the flat-rate shipping fee, offered only in case of purchase.

17. Return Risks

We draw your attention to the fact that you must return the product:

• By declaring the value of the product as per the purchase invoice and
• Ensuring perfect insurance coverage for the return risks in relation to the purchase invoice.

In case of return at your expense and without additional insurance, you are informed that the carrier will compensate you only according to the legal scale.

RIGHT OF WITHDRAWAL

18. Right of Withdrawal

You have a 14-day calendar period to return the products that do not meet your needs, at your expense. This period starts from the day you receive the product, or the last product delivered in the case of multiple product orders.

Once this period has expired, you no longer have the right to withdraw.

If the deadline expires on a weekend, holiday, or non-working day, it is extended until the next working day.

19. Restrictions on the Right of Withdrawal

Under applicable legal provisions, you cannot withdraw from the following products:

• Products made according to the consumer's specifications, or clearly personalized, or, due to their nature, cannot be returned or are likely to deteriorate or spoil quickly:
• Audio or video recording products or software once they have been unsealed by the consumer:

Due to intellectual property rules, we inform you that copyable products, such as software, video games, and recording media, are subject to personal and specific usage rights regulating copying, public distribution, and reproduction.

20. Effect of the Right of Withdrawal

If you exercise the right of withdrawal, we will refund you within 14 days following the receipt of the return or formal proof of dispatch of the product.

You can request either a refund of the amounts paid for the product you are withdrawing from or an exchange for an equivalent amount, or, if applicable, with an additional payment. This right of withdrawal is exercised without penalty. However, the return shipping costs remain your responsibility.

You will be refunded via a re-credit system (secure transaction) if paid by credit card, or by check in other cases.

You must ensure that the order for which you are withdrawing is returned complete.

WARRANTY*

21. Product Warranty

When you purchase a product sold on the website, you benefit from the legal warranty.

The speed of information is an essential condition for the application of this warranty.

Products purchased on our site are covered by the manufacturer's warranty as indicated on the product page and/or in the manual provided with the product or downloadable from the manufacturer's website.

We specifically draw your attention to the fact that failures caused by negligence, deterioration, or improper use are generally not covered by the manufacturer's warranty.

In any case, you are not deprived of the legal warranty provisions, including the warranty for hidden defects or conformity warranty.

In accordance with Articles L.211-4 to L.211-11 of the Consumer Code, you benefit from a warranty against defects in conformity of the products purchased on our site. This warranty against defects in conformity covers the cost of parts and labor necessary to bring the item back into conformity.

To be compliant with your order, the item must correspond to the description provided on our site and have the qualities presented or have the qualities that a buyer may reasonably expect, given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling.

In this case, you must notify us in writing of the defects found and return the product(s) to us. If the defect is confirmed by the after-sales service tests, we will proceed with the exchange or repair of the item, depending on the cost, in accordance with Article L.211-9 of the Consumer Code.

In accordance with Article L.211-11 of the Consumer Code, return shipping costs will be refunded upon proof after the return of the product if the defect is confirmed.

You are therefore advised to keep proof of your returns. Otherwise, if you do not provide your proofs, you will be refunded according to the basic postal rate for shipping a package.

The legal conformity warranty applies regardless of the commercial warranty, if any, granted.

In accordance with Article 1641 of the Civil Code, the seller is responsible for the warranty against hidden defects in the sold item that make it unfit for its intended use, or that diminish its use so much that the buyer would not have purchased it, or would have paid a lower price if they had known about it.

The consumer must provide evidence of a hidden defect that existed prior to the sale and prevents the use of the product.

Actions resulting from hidden defects must be taken by the buyer within two years of discovering the defect.

Warranty regime

Note: Returns are made at your own risk and responsibility until receipt by us.

23. Legal Mentions & Responsibility

10.1. Exemption from Liability

The following events will be considered as cases of force majeure which exempt from liability any unforeseeable and irresistible circumstances independent of the parties' will. In this case, we recommend that both parties agree to new delivery terms.

10.2. Use Rights: What Are the Limits?

Your customer account and password are personal and confidential information that cannot be shared with third parties. You are responsible for your account’s use by others, including cases of negligence or carelessness on your part.

International Sale: French Law Applicable

Any dispute regarding the order, its execution, interpretation, validity, or cancellation shall be governed by French law (both procedural and substantive), excluding the provisions of the Vienna Convention of April 11, 1980, on the international sale of goods.

10.6. Scope of the General Sales Terms

If one or more provisions of these general terms are deemed invalid or declared so under law, regulation, or final judgment from a competent court, the remaining provisions will remain fully in effect.

In case of dispute, you may contact the Mediator of Mobilians at www.mediateur-mobilians.fr