General Terms and Conditions of Online Sale
Effective as of 01/01/2024
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (“GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“Customers” or “the Customer”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the websites www.cartermoto.com and www.carter-moto.com.
The Products offered for sale on the site include: Chain guards, disc guards, air filters, paint, and lubricants.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacities, are presented on the websites www.cartermoto.com and www.carter-moto.com, which the Customer is required to review before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
Product offers are valid while stocks last, as specified at the time of order placement.
These GTC are accessible at any time on the websites www.cartermoto.com and www.carter-moto.com and shall prevail over any other document.
By checking the box provided for this purpose before ordering online, the Customer declares that they have read and accepted these GTC.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
Seller’s Contact Information
EDV FACTORY, EURL
• Share capital: €5,000
• Registered with the RCS of SALON DE PROVENCE under number 813042165
• Address: Avenue Pasteur 13330 Pélissanne, France
• Email: info@edvfactory.com
• Phone: +33 4 42 86 74 73
• VAT Number: FR09813042165
The Products presented on www.cartermoto.com and www.carter-moto.com are available for purchase in:
• Metropolitan France, Corsica, Overseas Territories, the European Union, and outside the European Union.
For orders outside Metropolitan France, the Customer acts as the importer of the Products.
For all Products shipped outside the European Union and DOM-TOM, prices are automatically calculated excluding taxes. Import duties, local taxes, customs duties, or other state-imposed charges may be required and remain the sole responsibility of the Customer.
ARTICLE 2 - PRICES
The Products are supplied at the current prices displayed on www.cartermoto.com at the time of the order.
Prices are expressed in Euros (€), both excluding and including taxes (HT and TTC).
Any discounts granted by the Seller on www.cartermoto.com are already reflected in the pricing.
Prices are fixed and non-revisable during their validity period; however, the Seller reserves the right to modify prices at any time outside this period.
Prices do not include processing, shipping, transportation, or delivery fees, which are charged separately. The total price, including these additional costs, is calculated before the order is placed.
The invoice is generated by the Seller and can be downloaded by the Customer from their account on www.cartermoto.com.
ARTICLE 3 - ORDERS
The Customer selects the desired Products on www.cartermoto.com following these steps:
1. Add the Product to the cart (modification or removal is possible before finalizing the order).
2. Enter personal details or log into an existing account.
3. Choose the delivery method.
4. Validate the order and accept the GTC.
5. Proceed to payment.
Product offers remain valid as long as they are visible on the website and in stock.
The sale is considered final only after full payment is received.
The Seller reserves the right to cancel or refuse any order if there is a prior payment dispute with the Customer.
Customers can track their order status via www.cartermoto.com.
ARTICLE 4 - PAYMENT TERMS
Orders must be paid in full at the time of purchase via:
• Credit card
• Bank check
• Bank transfer (details provided at checkout)
Late payments are subject to penalties calculated at the legal interest rate, and the full amount becomes due immediately.
Payments are considered final only upon actual receipt of the funds.
For check payments, the check must be issued by a bank in Metropolitan France or Monaco, and the order will only be processed once the check is received.
The Seller will not deliver the Products until full payment has been made.
ARTICLE 5 - DELIVERY
Deliveries are available in France, Corsica, Overseas Territories, the European Union, and internationally.
Standard delivery times:
• 48/72 hours within France
• Up to 8 days for other destinations
If delivery is not made within 30 days from the estimated date (except for force majeure), the Customer may request cancellation of the sale and a refund within 14 days.
Deliveries are made by an independent carrier to the Customer’s designated address.
Customers must inspect the Products upon receipt and report any issues within 14 days via their order history messaging system.
ARTICLE 6 - TRANSFER OF OWNERSHIP
Ownership of the Products remains with the Seller until full payment is received.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Customers have 14 days from receipt to withdraw from the purchase.
Returned Products must be in their original condition, complete with packaging, accessories, and instructions.
Damaged or incomplete Products will not be refunded.
Return shipping costs are the responsibility of the Customer.
The refund or exchange will be processed within 14 days of receiving the returned items.
ARTICLE 8 - WARRANTIES & LIABILITY
The Seller provides:
• Legal conformity warranty (for defective or incorrect Products).
• Warranty against hidden defects (manufacturing defects making the product unusable).
The warranty does not cover:
• Non-compliance with local laws
• Misuse, professional use, negligence, or lack of maintenance
• Normal wear and tear, accidents, or force majeure
The Seller’s liability is limited to replacement or refund of defective Products.
ARTICLE 9 - PERSONAL DATA
Personal data is collected only for contract execution (order processing and delivery).
Customers have the right to:
• Modify or delete their data
• Request access to their stored information
• Oppose data processing for marketing purposes
Data is stored for 5 years.
The Seller takes necessary security measures but cannot guarantee full protection due to the inherent risks of the internet.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of www.cartermoto.com is the property of the Seller and protected by intellectual property laws. Any reproduction is strictly prohibited.
ARTICLE 11 - APPLICABLE LAW & LANGUAGE
These GTC and transactions are governed by French law.
In case of dispute, only the French version of these GTC prevails.
ARTICLE 12 - DISPUTE RESOLUTION
For disputes, the Customer may contact the Seller at the address in Article 1.
In case of disagreement, Customers can use the mediation service:
Mediator: M. le Médiateur de Mobilians
43 bis route de Vaugirard - CS 80016 - 92197 Meudon cedex
Website
Email: mediateur@mediateur-mobilians.fr
Alternatively, disputes can be resolved through the EU Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
ANNEX I
WITHDRAWAL FORM
Date: ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.cartermoto.com, except for exclusions or limitations on the right of withdrawal as per the applicable General Terms and Conditions of Sale.
To:
EURL, EDV FACTORY
Avenue Pasteur 13330 Pélissanne, France
I hereby notify you of my withdrawal from the contract concerning the following item(s):
• Order date: (specify date)
• Order number: …………………………………………………..
• Customer name: …………………………………………………………………
• Customer address: ……………………………………………………………..
Customer’s signature (only if this form is submitted on paper):