General Terms of Sale "Road Light"
Article 1 - Purpose of the General Terms of Sale
The general terms and conditions of sale presented herein (henceforth known as “General Terms of Sales”) apply unconditionally and unrestrictedly to all sales concluded by Road-Light SAS, a simplified joint-stock company with a capital of €1,000, with registered offices at 46 route de Narbonne, 31320 Auzeville Tolosane, and registered under the unique ID number 833 150 337 R.C.S. Toulouse (“Road Light SAS”), to non-professional consumers and buyers (“Buyer(s)” wishing to acquire the Product, as it is defined hereafter, on the Website www.sas-road-light.com or any other Website selling the Product (as a whole, the “Website”). Road-Light SAS and the Buyer are hereafter referred to as “the Parties”.
They notably specify the conditions of order, payment, delivery and the management of possible returns of Products ordered by the Buyers.
The main characteristics of the Product and notably the specifications, illustrations and indications of dimensions or capacity, are presented on the Website. Photographs and graphics presented on the Website are non-contractual and do not engage the liability of Road-Light SAS. Please note that Clic-Light is removable component which signals braking or turning with a warning light in accordance with the rules and conditions provided in these terms and in the descriptive sheet on the Website (the “Product(s)”). The Product is deemed to be an accessory for cyclists or motorcyclists, and thus it cannot be considered as a substitution component for regulatory warning lights. Furthermore, although the installation of the Product on the vehicle does not alter the functioning of the rear signalling system, the Buyer is asked to check with his insurance provider whether the use of the component is not excluded from the insurance policy he purchased. Failing that, Road-Light SAS shall not be liable if the insurance company of the user came to refuse any compensation. The Buyer is asked to read supporting commercial and technical documentation to the Product before any order is placed. He shall notably make sure that he respects all technical requirements for optimal use of the Products. The General Terms of Sale are available at any time on the Website and will prevail, as the case may be, over any other version or any other contradictory document (notably those applicable to sales in stores or to any other means and sales and distribution channels).
The Buyer agrees to having read and accepted the present General Terms of Sale, without restriction, nor reserve, by checking the appropriate box before the order is placed online and the general terms of the Website use.
These General Terms of Sales may be modified at any time, but the terms applicable are those enforced on the Website on the date the order is placed.
Unless proved otherwise, the data recorded by RoadLight SAS constitute the proof of all transactions with the Buyer.
The Buyer acknowledges having the required capacity to contract and acquire the product.
The modifications of the General Terms of Sales are opposable to users of the Website from the moment they are online and cannot apply to orders concluded anteriorly.
Article 2 - Orders
2.1. Placing of Orders
The Buyer chooses the Product he wants to order, by the method and procedure presented on the Website.
Contractual information is presented in French language, and at the request of the Buyer, in any other language presented on the Website, and will be the object of a confirmation at the latest upon validation of the order by the Buyer.
Product offers shall be valid for as long as they appear on the Website, while stock is available. The sale shall be considered definite only after the Buyer receives confirmation that his order has been accepted by Road-Light SAS via email.
In accordance with Article 1127-2 of the French Civil Code, the Buyer shall have the opportunity to verify the details of his order, the total price, and correct any errors before confirming acceptance. This validation involves full acceptance of these General Terms of Sale and constitutes proof for sales contract.
IT IS THEREFORE THE RESPONSIBILITY OF THE Buyer TO VERIFY THE ACCURACY OF THE ORDER AND TO SIGNAL ANY ERROR IMMEDIATELY. Road-Light SAS reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute concerning payment of a previous order or for any other legitimate reason.
The Buyer will be given the opportunity to monitor the status of his order on the Website, in the order monitoring section.
2.2. Orders delivered outside France
The Products presented on the Website are offered for sale in all countries of the European Union.
For orders to a country other than France Metropolitan, the Buyer is the importer of the Product(s) in question
For all products shipped outside the European Union and the overseas communities (COM), considered as foreign territories regarding the submission to the Value Added Tax (VAT), the price shall be stated exclusive of taxes in the order section as well as on the invoice in question.
Customs duties or other local taxes of importation or import duties or state taxes may apply. They are to be paid by the Buyer, who is entirely responsible for proceeding to all formalities and obligations imposed by the Regulation. Please note that the United States, as well as other countries, control the export of products and information. You agree to abide by these restrictions, without exception, nor reservation, and you agree not to export or re-export the Products to the countries, or for the benefit of a person covered by American law, and more generally any law applicable, on the control of export.
By placing an order, you acknowledge not to be resident in a country where these exports are prohibited and not to be listed on the Table of Denial Orders of the US Department of Commerce, nor listed as Specially Designated Nationals of the US Treasury Department. You hereby agree to respect the law of your jurisdiction regarding import, export or re-export of Products.
Article 3 - Rates
The Products are supplied at the prevailing rates on the Website, on the date of the recording of the order by Road-Light SAS. Prices are in euros, in gross and net amounts.
The rates take into account possible discounts which would be granted by RoadLight SAS.
These rates are binding and non revisable during their validity period; Road-Light SAS reserves the right, outside this validity period, to modify the rates at any time.
The rates do not include processing charges, shipping, transportation and delivery, which will be invoiced as extra, according to the terms on the Website, and calculated before the order is placed. They do not include potential customs duties and import taxes.
The payment required from the Buyer corresponds to the total amount of the purchase, that is all fees (except customs duties or import taxes in accordance with 2.2. Of these Terms). An invoice is issued and sent to the Buyer via email upon acceptance of the order.
Article 4 - Payment Terms
To set his order online, the Buyer has the choice of the payment options provided by the Website upon final validation of his order.
Credit card, Visa, Mastercard and e-card are accepted on the Website.
The Buyer explicitly acknowledges that he has the right to use the payment method he selected.
For any order placed entirely online, the amount of the order will be charged upon validation of the order by Road-Light SAS.
In order to combat fraud of means of payment, Road-Light SAS may need to contact you by all means to authenticate the data of the transaction, and may, if need be, ask the Buyer to prove his identity.
If the required documents failed to be transmitted, Road-Light SAS reserves the right to refuse the order or to take all appropriate measures. The transmission of the required documents to Road-Light SAS as well as their processing may delay the validation as well as the shipping of the ordered Products.
Article 5 - Delivery
The Products ordered by the Buyer shall be delivered in France Metropolitan and in the countries for which the Website offers a delivery service, at the address indicated by the Buyer upon ordering on the Website.
The delivery is defined as transferring to the Buyer the legal possession or the control of the Product.
Except in exceptional circumstances or in the event that or several Products are temporarily unavailable, the Products ordered shall be delivered in one batch.
Road-Light SAS shall use its best efforts to deliver the Products ordered by the Buyer within the deadlines set out in the email confirming the order which Road-Light SAS sends to the Buyer. However, this delivery time is for information only.
However, should the ordered Products not be delivered within thirty (30) days after the stated delivery date, for any other reason than force majeure or outside the Buyer’s control, the sale may be cancelled at the time of the Buyer’s written request as provided for in articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. All sums already paid by the Buyer shall then be reimbursed within fourteen (14) days after the denunciation of the contract, without any compensation or withholding.
Deliveries are ensured by an independent transport company to the address mentioned by the Buyer upon placing his order, and which the transport company may reach easily.
Road-Light SAS shall reimburse or replace as the earliest convenience, the delivered Products whose compliances failures, patent or latent defects, which might be stated by the Buyer, as provided for in the articles L. 217-4 and on of the French Consumer Code and in the present General Terms of Sale.
Article 6 - Transfer of Ownership - Transfer of Risks
Road-Light SAS keeps the full and whole property of the Products sold up to the full payment of all sums due for the Buyer’s order, all fees and taxes included.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and of deterioration related to it, will only be effective when the Buyer takes legal possession of the Products.
Article 7 - Right of Withdrawal
In accordance with the legal provisions in force, the Buyer has fourteen (14) days, from the delivery date of the Product to exercise his right of withdrawal through Road-Light SAS, without having to give any reasons or incurring penalties, to be reimbursed, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days after Road-Light SAS has been notified of the Buyer’s withdrawal.
Since the Hamon law of 17th March 2014, one needs to consider two levels regarding the term “Buyer”: the consumer and the professional.
Indeed, the French Consumer Code stipulates that: “Under the present Code, any individual who acts for purposes which do not come within the scope of his commercial, industrial, handicraft or liberal activities is considered a consumer”.
Products should be returned in their original condition with all relating items (packaging, accessories, manual, etc.) to re-available them in mint condition to the market, with the purchase invoice.
Incomplete, soiled or damaged Products will not be taken again.
The right of withdrawal may be exercised through any totally unambiguous declaration, forwarded to Road-Light SAS, expressing the Buyer’s will to withdraw.
In the event of a right of withdrawal within the deadline mentioned before, only the price of the purchased Product(s) and the shipping costs will be refunded; other charges remain chargeable to the Buyer.
Reimbursement will be carried out within fourteen (14) days after Road-Light SAS acknowledges the reception of the Products returned by the Buyer under the terms specified in this article.
Article 8 - Responsibility - Warranty
The Products sold on the Website comply with the regulation currently in force in France and have performance consistent with non-professional usage.
The Products supplied by Road-Light SAS profit ipso jure and regardless of additional cost, independently from the right of withdrawal, in accordance with applicable law :
• From the legal warranty of conformity, for Products which are clearly defective, worn or damaged or which do not match order criteria ;
• From the legal guarantee of the latent defects, originating in a defect in design, materials or execution affecting the delivered products and making them unsuitable for use.
According to the conditions and arrangements described in the table below and set out in the annex to these General Terms of Sale.
It is recalled that in the case of the legal warranty of conformity, the Buyer has two (2) years from the delivery date of the good to claim against the Seller; may choose to repair or replace the ordered Product, subject to the conditions of cost provided for in the article L 217-9 of the French Consumer Code; does not need to report the proof of the Product’s existing lack of conformity within 24 months after the delivery of the Product.
The legal warranty of conformity applies independently from the commercial warranty which may potentially apply to the Product. The Buyer may decide to enforce the warranty against the latent defects of the Product in accordance with the article 1641 of the French Civil Code; in this case, he may choose between the cancellation of the transaction or a discount of the sales price in accordance with the article 1644 of the French Civil Code.
To enforce his rights, the Buyer shall inform Road-Light SAS, in writing, of non-conforming Products or of the existence of latent defects, within the time period referred to above, and return the defective Products in the condition in which they were delivered with all attached accessories (packaging, manual, charger, etc.).
Road-Light SAS shall reimburse, replace or repair the Products or components under warranty that the company will judge defective or not in accordance with the contract.
Shipping charges shall be reimbursed on the basis of the charged rate and return charges shall reimbursed upon presentation of supporting documents.
Products judged defective or not in accordance with the contract shall be reimbursed without undue delay and at the latest fourteen (14) days after Road-Light SAS has found a lack of conformity or a latent defect. The refund will be credited to the Buyer’s bank account or will come in the form of a bank check in the name of the Buyer.
Road-Light SAS cannot be held responsible in the following cases :
• Non-respect of the legislation of the country where the Products are delivered, which the Buyer is asked to verify ;
• In the event of misuse, use other than the ones stated in the instruction manual, faulty installation, use for professional purposes, negligence or the Buyer’s failure to perform required maintenance, as in the case of normal wear of the Product, accident or force majeure ;
Moreover, the warranty does not cover :
• Repairs and replacements of components due to normal wear ;
• Any adjustment of the Product needed to comply with the technical or security norms in force in a country other than that for which the Product has been designed and executed originally, that is, France.
Deteriorations or defects of the Product resulting :
• From misuse or faulty installation of the Product (a use which does not fulfil the use for which the Product is intended, installation or use which does not respect the instructions provided by Road-Light SAS or technical and security norms in force in the country where it is used, etc.) ;
• From maintenance of the product inconsistent with the instructions provided by Road-Light SAS or negligence in the maintenance of the Product ;
• From inappropriate manipulation or misuse of the Product (wrong operation, drop, shocks, etc.) or from inappropriate environment (exposure to excessive humidity, excessive heat, contact with sand of any other substance, inadequate electrical powering, etc.) ; • From a modification or a repair of the Product executed by a supplier not approved by Road-Light SAS. Besides, the Buyer expressly acknowledges that the Product is an additional lighting security System to braking warning lights (stop lamps); it does not replace them.
MORE GENERALLY, THERE IS NO WARRANTY WHICH EXTENDS BEYOND THE WARRANTY STATED IN THESE TERMS AND ANY IMPLICIT WARRANTY, INCLUDING IMPLICIT WARRANTIES OF COMMERCIAL USAGE OR FITNESS FOR PARTICULAR PURPOSE, IS EXPRESSLY EXCLUDED. NO DEALER HAS THE RIGHT TO MODIFY THE TERMS AND RESPONSIBILITY CLAUSES STATED ABOVE.
Article 9 - Data Protection
Under the current law 78-17 of 6 January 1978, it is recalled that the personal data provided by the Buyer are needed to process the order and notably issue invoices.
The personal data can be communicated to Road-Light SAS prospective partners, in charge of the execution, processing, management and payment of orders.
The Buyer has, in accordance with national and European regulations in force, the right to permanently access, modify, rectify and oppose any information about himself.
This right can be exercised under the conditions and in accordance with the terms set out on the Website.
Article 10 - Intellectual Property
Road-Light SAS retains intellectual and industrial rights of ownership on the Products, photographs and technical documents, which cannot be communicated, nor executed without prior written agreement.
Furthermore, Road-Light SAS retains intellectual rights of ownership on its brands, and photographs, presentations, studies, drawings, models, prototypes, etc., created for the purpose of supplying the Buyer with the Products.
Therefore, the Buyer abstains from any reproduction or exploitation of Road-Light SAS brands, as well as of aforesaid studies, drawings, models, prototypes, etc., without prior formal written agreement from Road-Light SAS.
Article 11 - Force Majeure
The Parties will not be held liable for if their failure to perform any of their obligations described herein or late performance thereof arises from a case of force majeure, as provided for in article 1218 of the French Civil Code.
The Party noticing the event will have to inform as soon as possible the other Party of the impossibility to execute the service, and justify this impossibility. The suspension of obligations will in no case be cause of responsibility for non-execution of the obligations, or induce the payment of damages and penalties of delay.
The meeting of the obligation is suspended as long as the case of force majeure lasts, if it is temporary. Thus, as of the dissipation of the cause for the suspension of their reciprocal obligations, the Parties will make every effort to resume the normal execution of their contractual obligations at the earliest opportunity. To this end, the party prevented will inform the other party of the resumption their obligations, by registered letter with a request for acknowledgement of receipt or by any extrajudicial means. If the event of force majeure lasts more than thirty (30) days, from the date the claims arises, the sales contract concluded between the Parties can be cancelled by the more diligent party, neither Party having the right to claim the award of any damages or interests.
Article 12 - Contract Termination
Except in the case of force majeure, if one of the Parties fails to honour any of its obligations as stated in the present Terms, the other Party may, thirty (30) days after a registered letter with a request for acknowledgement of receipt for formal notice has gone unheeded, enforce anticipated termination of the Contract. Termination will be effective from the delivery date of registered letter with a request for acknowledgement of receipt. Any termination of the Contract due to the failure of one Party will result in the payment of damages and interest to the non-defective Party after the latter has demonstrated that expenses actually incurred. The right to demand repairs will be limited to the sole direct damages, to the exclusion of any indirect or potential damage.
Article 13 - Applicable Law - Language
The present General Terms of Sale and the ensuing operations are regulated and subject to the laws in force in France. The present General Terms of Sale are written in French language. Should they be translated in one or other languages, only the French text should prevail in case of dispute.
Article 14 - Dispute
ALL DISPUTES RESULTING FROM THE PURCHASE AND SALES OPERATIONS CONCLUDED IN APPLICATION OF THE PRESENT GENERAL TERMS OF SALE, REGARDING THEIR VALIDITY, THEIR INTERPRETATION, THEIR PROCESSING, THEIR CANCELLATION, THEIR CONSEQUENCES AND THEIR CONTINUATIONS, AND WHICH HAVE NOT BEEN RESOLVED BY THE SELLER AND THE BUYER, WILL BE SUBJECT TO THE RELEVANT COURTS UNDER CONDITIONS OF ORDINARY LAW.
The Buyer is informed that he may, in any case, seek conventional mediation, notably with the French Commission of consumer mediation (French Consumer Code Article L 612-1) or with existing mediation bodies in the sector, and whose references appear on the Website, or any other alternative mode of settling disputes (conciliation, for instance) in the case of a protest.
Article 15 - Pre-contractual Information - Buyer Acceptance
For any person, the act of placing an order on the Website carries membership and full acceptance of the present General Terms of Sale, and payment obligation of the Products ordered, which is expressly acknowledged by the Buyer, who agrees, in particular, not to recognize any contradictory document, which would be void by Road-Light SAS.
ANNEX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the French Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L217-5 of the French Consumer Code
Be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling
Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L217-2 of the French Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article L217-16 of the French Consumer Code
When the buyer asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.
Article 1641 of the French Civil Code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.
Updated : 3rd September 2018