Terms and conditions of sale

1. COMPANY IDENTITY

Name: LBDC Organisation (hereinafter ” Les Bornées “)

Address: La Jardinerie Coworking au 5 rue de l’Industrie Postal code: 74000, City: Annecy, Country: FRANCE

Siren : 839 338 514 RCS Nanterre

VAT number FR23839338514

2. DEFINITIONS

“Buyer” : refers to any individual who orders a Les Bornées Product or Service on the Site, in exchange for a price.

” Order : refers to the Order created and validated by the Purchaser for the purchase of one of the Memberships, Services or Products, materialized by a form on the Site and paid for via the online payment process on the Site or made by contacting Les Bornées directly or made in the context of private sales. It contains the details of the purchase, such as the membership conditions, the Services or Products purchased and the applicable fees.

“Contract” : refers to these General Terms and Conditions of Sale as well as any special conditions that may modify them. In the event of contradiction, the special conditions shall prevail over the present General Sales Conditions.

“Force Majeure” : in accordance with article 1218 of the French Civil Code, Force Majeure includes events meeting the criteria usually recognized by the case law of French courts.

” : refers to any person involved in the performance of a Service, such as an athlete or a company.

“Member” : person who has subscribed to Membership Les Bornées.

” Membership ” : Les Bornées Member status allowing access to the Services offered by Les Bornées and obtaining commercial advantages.

” Participant ” : person participating in the Services offered by Les Bornées without having the status of Member.

“Product” : refers to products bearing the Les Bornées label or resulting from a collaboration with Les Bornées, which are offered for sale on the Site.

” Ride ” : bike outing organized by someone from the Les Bornées community.

“Service” : refers to the services offered by Les Bornées, in the form of sporting events, courses or stays organized in collaboration with the association Les Bornées.

“Site” refers to the https://lesbornees.com website .

For the purposes of these General Terms and Conditions of Sale (hereinafter ” CGV “), the Purchaser and Les Bornées are referred to together as the “Parties”.

The terms defined in this article apply to the singular and plural.

3. PURPOSE

The purpose of the GCS is to inform a potential Buyer of the terms and conditions of sale and delivery or performance of the Products, Memberships and Services ordered. They also set out the rights and obligations of the Parties.

The GCS apply ipso jure and to the exclusion of all other conditions to all Products and Services offered by Les Bornées on its Site.

These GCS are made available to all Purchasers for information purposes. Ordering a Les Bornées product, membership or service implies full acceptance of the GTC, which the Buyer acknowledges having read in advance.

Use of Les Bornées Services, Products and Memberships is subject to acceptance of the General Terms and Conditions of Use (GTCU), which apply in addition to the GTCS. In the event of any contradiction between the GTCU and the GTCS, the GTCS shall prevail.

4. PRE-CONTRACTUAL INFORMATION

The Buyer acknowledges having been informed of these GTC prior to placing his/her Order, in a legible and comprehensible manner, in accordance with article L. 225-1 of the French Consumer Code.

5. DESCRIPTION

Les Bornées offers Products and Services that the Purchaser can select from the various tabs proposed on the Site. Membership packages are also offered for sale, which entitle the Purchaser to the benefits described below.

The Products, Memberships and Services offered for sale on the Site may vary and be modified by Les Bornées. The essential characteristics of the latter are presented below.

5.1. Membership Les Bornées

Les Bornées offers Membership allowing you to become a Member of the Les Bornées community and benefit from advantages. These benefits are subject to change without any liability on the part of Les Bornées.

Membership offers presented by Les Bornées are valid as long as they are advertised on the Site and subject to availability.

5.2. Produits Les Bornées

Les Bornées offers the following products for sale :

– Gift cards with a minimum value of five (5) euros including tax;

– Long-sleeved jerseys;

– Short-sleeved jerseys;

– Shorts;

– Trifunctions;

– Accessories.

A full description of these Products is available on the Website.

Product offers presented by Les Bornées are valid as long as they are advertised on the Site and within the limits of available stocks.

5.3. Services Les Bornées

The Services offered by Les Bornées include, for example, the organization of events, Rides, training courses or organized stays of a sporting nature in the capacity of logistical organizer. It is important to note that Les Bornées is not responsible for the actions of Participants or Members. Each person taking part in an event, a Ride or a stay must have up to date civil liability as well as complementary sports insurance to cover physical and material damage linked to their practice.

Services offered by Les Bornées are valid as long as they are advertised on the Site and subject to availability.

6. PRICE

Prices applicable to distance selling of Products and Services are displayed on the Site. They are those in force at the time the Order is placed.

Prices for Memberships, Products and Services are quoted in euros, inclusive of all taxes, unless otherwise stated, and exclusive of processing and shipping costs. They include the value-added tax (VAT) in force at the time the Order is placed.

The processing and shipping costs invoiced in addition to the Memberships, Products and Services purchased are indicated to the Purchaser before the Order is registered. The terms and conditions of shipment of Products are set out in these GTS and are recalled at the time of the Order. They may be modified at any time.

Each Buyer is required to pay the price displayed at the time of the Order.

Failure to pay for an order in full will result in the order being held in our storage facilities or access to the event being denied until the balance has been paid.

7. ORDER

Any Order implies acceptance of these General Terms and Conditions and of the General Conditions of Use, without prejudice to any special contractual conditions agreed between the Parties.

Before validating the Order, the details of the Order are submitted to the Buyer, who has the option of modifying them.

Once the Order has been validated, the distance selling contract is concluded when the Buyer clicks on the ” Pay with Paypal ” or ” Order ” button. The sale becomes final, subject to the Buyer exercising his/her right of withdrawal, under the conditions set out in article 11 of these GTS.

An Order confirmation summarizing the purchase(s) of Products or Services is sent to the e-mail address indicated by the Purchaser. In the case of a Membership Order, a confirmation of membership, summarizing the advantages of membership, is sent to the e-mail address indicated by the Purchaser.

The price of the Order placed by the Purchaser is collected in full by Les Bornées. Les Bornées is then responsible for paying the various partners, suppliers and service providers involved in producing the Service or Product.

8. PAYMENT

Payment for Membership formulas and Les Bornées products and services is made online via the Site, in accordance with the terms and conditions set out below.

The Buyer guarantees that he/she is authorized to use the method of payment chosen for his/her Order.

8.1. Means of payment

v Credit cards

For Orders placed via the Site, the following credit cards are accepted on the Site : Visa, Mastercard, American Express.

For Orders not placed on the Site, credit cards accepted are those compatible with SumUp or Stripe.

v Paypal

A Paypal account may be used to pay for Orders, whether placed via the Site or by contacting Les Bornées directly.

v Transfers

For Orders placed by contacting Les Bornées directly, payment may also be made by bank transfer to the account indicated on the invoice issued by Les Bornées to the Purchaser. Any order placed by bank transfer automatically implies acceptance of the GCS.

v Species

In the context of private sales, it is also possible to pay for Orders made in cash, up to a limit of 1,000 euros including VAT per Buyer.

v Les Bornées gift cards

Two gift card formats are offered by Les Bornées : the virtual gift card and the physical gift card.

The physical gift card involves an additional cost indicated on the Site.

They both meet the conditions set out below.

Les Bornées gift cards can be used on the Site, in one or more instalments, depending on the credit amount of the cards. Orders paid for with gift cards may be supplemented by another means of payment as provided for in these GTC.

The gift card can only be used on Les Bornées products and services and is not valid on purchases of partner products or services.

Gift cards are valid for a period of (12) twelve months from the date of purchase. They are renewable once.

The minimum value of a gift card is (5) five euros including VAT.

To renew a gift card, please contact support@lesbornees.com.

The purchase of another gift card cannot be made with a gift card.

v Pay in instalments with Alma

Payment by instalments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amount

P2X: Only purchases between €50 and €3,000 are eligible for payment with Alma.

P3X: Only purchases between €50 and €3,000 are eligible for payment with Alma.

P4X: Only purchases between €50 and €3,000 are eligible for payment with Alma.

Fees

By paying in instalments with Alma, the Customer does not pay any fees. Except in the following cases:

– P2X: 0.66% per transaction

– P3X: 1.33% per transaction

– P4X: 1.99% per transaction

Alma is a telepayment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.

Cancellation

Any termination of the General Terms and Conditions between the Seller and the customer shall result in the termination of the General Terms and Conditions between Alma and the customer.

8.2. Modalités de paiement

All Orders are subject to payment.

For Services and Memberships, payment methods depend on the Buyer’s choice. It is possible to pay :

– In one or more instalments, within the limit set by Les Bornées on the Site;

– Monthly ;

Orders are payable in euros, including taxes and compulsory contributions. Any bank charges shall be borne by the Purchaser, particularly in the case of a refund.

The Buyer undertakes to keep his bank details and billing information up to date in his user account, in order to prevent any payment failure.

8.3. Sécurisation des paiements

The security of online orders is ensured by an SSL encrypted payment system.

9. DELIVERY OF PRODUCTS OR PERFORMANCE OF SERVICES

9.1. Livraison des Produits

The Products ordered are delivered to the address indicated by the Buyer as the delivery address when the Order is placed.

Les Bornées delivers the Products ordered in metropolitan France. In the event of a request for delivery of Products to a country other than metropolitan France, the Purchaser is the importer of the Product(s) concerned. In this respect, customs duties or other local taxes or import duties or state taxes are the responsibility of the Purchaser. They are not the responsibility of Les Bornées and are the sole responsibility of the Purchaser. Les Bornées undertakes to deliver the Product ordered on the date announced at the time of the Order.

In the event of a delay of more than fifteen (15) days in relation to the announced date and not justified by Force Majeure or by a delay beyond the control of Les Bornées, the Purchaser may cancel the Order by registered letter with acknowledgement of receipt and obtain a full refund of the sums paid within thirty (30) days.

9.2. Exécution de la prestation de Service

The performance of the Service ordered takes place at the address indicated at the time the Order is placed.

Les Bornées only offers services in Europe.

Les Bornées undertakes to perform the Service ordered on the date indicated at the time of the Order.

However, Les Bornées reserves the right to modify the terms of performance of the Service, such as the location of a Ride or the date of the Service, subject to informing the Purchaser by any means within a sufficient period of time.

Les Bornées reserves the right to postpone the date of performance of the Service, to change the location of the Service or the organizer Les Bornées of the Service or the Participant scheduled for the Service, if circumstances beyond the control of Les Bornées require it to do so.

In this case, no refund will be possible. However, the Purchaser may choose between a credit note or a Service of the same amount and nature. Should the Buyer choose a Service of the same nature, but for a different amount, the difference in Price between the two Services will be due.

It is not possible for the Buyer to request the postponement or cancellation of an ordered Service.

10. DURATION, RENEWAL AND RENEWAL OF THE CONTRACT

10.1. Entry into force

The Contract shall come into force on completion of the Order by the Buyer.

10.2. Duration

Membership subscriptions are valid for one (1) year from the date of the Order (annual formula) or until cancellation of the Membership subscription by the Buyer (monthly formula).

10.3. Renewal

An automatic e-mail will be sent to each Member one (1) week prior to the expiry of his/her Membership under the annual formula, to offer him/her a renewal subscription for one (1) year.

10.4. Renewal

In the case of an automatically renewable Membership subscription, renewal is automatic from year to year, or month to month, and the automatic renewal option can be removed directly from the Buyer’s customer account.

In the case of an annual subscription, an e-mail will be sent to the Buyer, no later than one (1) month before the end of the Contract, to inform him of the possibility of terminating his commitment.

11. RIGHT OF WITHDRAWAL AND REFUND

11.1. General provisions

In accordance with article L. 221-18 of the French Consumer Code, the consumer has a period of fourteen (14) days from the date of receipt of the Product or confirmation of purchase of the Service to exercise his right of withdrawal, without having to give reasons for his decision. These rules also apply to the purchase of a Gift Card, provided that all or part of the Card has not been used by the end of this period. In this case, there is no right of withdrawal or refund of any kind.

However, article L. 221-28 of the French Consumer Code stipulates that the right of withdrawal cannot be exercised for contracts:

– supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement by the consumer and express waiver of his right of withdrawal;

– supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

– accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time.

In accordance with these provisions, the right of withdrawal does not apply to Les Bornées services including transport and accommodation. To take advantage of the right of withdrawal, please refer to article 11.3 of these General Terms and Conditions.

The warranties set out in article 12 of these GTS remain fully applicable.

11.2. Refund provisions

Any retraction must be made by registered letter with acknowledgement of receipt.

In accordance with article L221-24 of the French Consumer Code, the Buyer exercising his or her right of withdrawal under the conditions set out in this article in terms of the deadline and procedures for returning the Products, may obtain a refund of the Products returned as well as the delivery costs (at standard cost) of the Order or a refund of the Service ordered.

Refunds will be made using the payment method used for the initial transaction, unless the Buyer expressly agrees to another method of refund.

For purchases made using a credit note or gift voucher, all refund requests will be credited to the same payment method and cannot be transferred to a bank account.

Gift vouchers and credit notes can only be used to purchase Les Bornées products and services and cannot be used on partner products.

For purchases made on service provider websites, the reimbursement will take into account the commission paid to the service provider, which will be deducted from the reimbursement.

v Products Les Bornées

If the Buyer exercises his/her right of withdrawal, the Product must be returned in its original and complete condition.

In accordance with article L221-23 of the French Consumer Code, it is specified that the Buyer shall bear the direct costs of returning the Products, except for Products delivered defective or non-conforming in accordance with article 12 hereof.

11.3. Insurance provisions

v Services Les Bornées

For Services, it is possible to take out insurance, in addition to the right of withdrawal provided by law. In this case, Les Bornées services may be reimbursed in accordance with the conditions set out below.

Three formulas are available:

– Classic insurance takes the form of a credit note valid for one (1) year from the date of purchase of the Service. This credit can be used on one (1) occasion.

– Premium insurance takes the form of a monetary refund to the account used to pay for the Service. This refund is made within thirty (30) days of confirmation of the validity of the insurance by Les Bornées.

If a Les Bornées Service is booked, and depending on the insurance chosen by the Purchaser, the credit note or refund will be in the amount of :

– 100% of the amount for cancellation one hundred and twenty (120) days before the first day of the stay; excluding booking fees, insurance costs and services used.

– 75% of the amount if you cancel ninety (90) days before the first day of your stay; excluding handling fees, insurance costs and services consumed.

– 50% of the amount for cancellations made sixty (60) days before the first day of the stay; excluding booking fees, insurance costs and services consumed.

– 25% of the amount for cancellation twenty-one (21) days before the first day of the stay; excluding booking fees, insurance costs and services consumed.

– 10% of the amount for cancellation eight (8) days before the first day of the stay; excluding booking fees, insurance costs and services consumed.

The handling fee is fifty (50) euros per person in the file, all taxes included, per Buyer.

The absence of insurance, whether purchased directly, indirectly or through an intermediary, does not allow for the reimbursement of Les Bornées products or services beyond the legal retraction period. It is your responsibility as a consumer to familiarize yourself with these terms and conditions at the time you place your order, and to request additional insurance within fourteen (14) days of placing your order.

12. LEGAL WARRANTIES

Les Bornées Products are covered by the legal warranty of conformity, as defined in articles L. 217-4 et seq. of the French Consumer Code. The Purchaser may also return defective or non-conforming Products free of charge under the warranty against hidden defects, as defined in articles 1641 et seq. of the French Civil Code.

In the event of a damaged Product, the Buyer has a period of fourteen (14) days in which to obtain a refund for the Product ordered, under the conditions set out in article 11 hereof.

12.1. Legal warranty of conformity

In accordance with the provisions of the French Consumer Code :

– Article L. 217-4: ” The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. ”

– Article L. 217-5: ” The goods conform to the contract: 1° If they are fit for the use normally expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the Buyer in the form of a sample or model; – if it presents the qualities that a Buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the seller and accepted by the latter. “

– Article L. 217-12: ” Theaction resulting from a lack of conformity is barred after two years from delivery of the goods. “

12.2. Warranty against hidden defects

In accordance with the provisions of the Civil Code :

– Article 1641 of the French Civil Code : ” The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the Buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them“.

– Article 1648 of the French Civil Code : “Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the defects or lack of conformity.
“

12.3. Warranty exclusions

Products modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover products damaged in transit or as a result of misuse.

12.4. Terms and conditions of legal warranties

The Buyer has a period of two (2) years from delivery of the Product to invoke the legal warranty of conformity and submit a claim. He may choose between repair or replacement of the Product, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code. In addition, the Buyer is exempted from proving the existence of a lack of conformity of the good during the six (6) months following delivery of the good. This period is extended to twenty-four (24) months from March 18, 2016, except for used goods.

This legal warranty of conformity applies independently of the commercial insurance provided for in article 11.3 hereof.

The Buyer may decide to invoke the warranty against hidden defects as defined in article 1641 of the aforementioned Civil Code. In this case, the Buyer may choose between rescission of the sale or reduction of the purchase price, in accordance with article 1644 of the French Civil Code.

For any request concerning the legal guarantees, the Buyer must contact Customer Services via the ” Contact ” section of the Site, write to the e-mail address contact@lesbornees.com or indicate his/her availability on the Calendly calendar. We will call you at the time of your choice, among the times indicated on the Calendly calendar.

13. LIABILITY

13.1. Capacity

Prior to placing an Order, the Purchaser declares that he/she has full legal capacity to enter into commitments under these General Terms and Conditions of Sale. Les Bornées cannot under any circumstances be required to verify the legal capacity of Purchasers. Consequently, if a person lacking legal capacity were to order items from the Site, his/her legal guardians (parents, guardians, etc.) would assume full responsibility for this Order and would be required to pay the price.

13.2. Suitable equipment and quality

Prior to placing an Order for Services, the Purchaser declares :

– possess all equipment appropriate for the practice of the sport selected in the Service Order, including legal and safety items such as, but not limited to, lights, visibility elements, helmets, body protection ;

– in the case of a Service Order related to cycling, be a cyclist, it being specified that the level and experience of the Purchaser are not parameters taken into account by Les Bornées.

13.3. Valid public liability insurance

The Purchaser, prior to placing an Order for Services, declares to have valid civil liability insurance.

13.4. Limitation of liability

v Accident occurrence

Les Bornées shall not be held liable for any accident occurring during the performance of a Service ordered by the Purchaser.

Each Participant, each Member and each third party may be held civilly liable for his or her involvement in an accident of any kind whatsoever.

v Use of the Product or Service

The Purchaser agrees not to use Les Bornées Products and/or Services if he/she is legally prohibited from receiving or using said Les Bornées Product and/or Service under the laws of the country in which he/she resides, or from which he/she accesses or uses said Les Bornées Product and/or Service.

v Third-party fault or fault of the Buyer

Les Bornées shall not be held liable for the obligations contained in these GTC in the event that the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Purchaser, or to the occurrence of an event of Force majeure as defined by the French courts, or to any other event that was not reasonably under the exclusive control of Les Bornées. The information accessible on the Site is provided “AS IS” without warranty of any kind, including, without limitation, as to the integrity, accuracy, non-infringement, availability, reliability or completeness of the information, Memberships, Products or Services appearing on the Site or their suitability for the use intended by the Buyer.

In particular, Les Bornées cannot be held responsible for any information or comments provided by a third party on the Site.

14. PROCESSING OF PERSONAL DATA AND COOKIES

As part of the performance of the Contract, Les Bornées collects the personal data of the Purchaser, as well as that of the recipient of the Order.

The Privacy Policy details the purposes, recipients, retention periods and conditions for collecting and processing personal data. The rights of persons concerned by such processing, as well as the procedures for exercising these rights, are also available in this document.

The Cookies Policy details Les Bornées’ practices with regard to cookies.

15. RIGHT TO IMAGE

The Purchaser of a Service authorizes Les Bornées to use his/her image in the form of a photograph, video or other visual or audio medium, as defined below.

As such, Les Bornées or its partners may use the Purchaser’s image, store it, combine it, distribute it and reproduce it on various professional, external or internal communication media, such as communications on social networks (Instagram for example).

This authorization, granted free of charge, is valid worldwide and for the duration of the Contract.

The Buyer has a right of withdrawal, as set out in the Privacy Policy.

16. GENERAL

16.1. Modifications

Les Bornées reserves the right to modify and update the GTC without prior notice. In order to be informed of any such changes, Les Bornées advises the Purchaser to reread the GTC, the Legal Notice, the General Conditions of Use, the Privacy Policy and the Cookies Policy regularly. The Order will be subject to the GCS in force at the time of the Order.

16.2. Nullity

If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

16.3. No waiver

The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in these GCS shall not be interpreted for the future as a waiver of the obligation in question.

17. APPLICABLE LAW AND JURISDICTION

17.1. Applicable law

These GTS, as well as any dispute concerning their formation, execution and interpretation, are governed by French law.

17.2. Prior conciliation

In the event of a complaint, claim, dispute or disagreement, the Purchaser may contact support@lesbornees.com. The Purchaser and Les Bornées will endeavour to find an amicable solution before taking the matter to the competent court.

17.3. Competent jurisdiction

In the absence of agreement or in the event of failure to find an amicable solution to the complaint, claim, dispute or disagreement within a reasonable period of time, THE DISPUTE WILL BE SUBMITTED TO THE COMPETENT COURTS OF ANNECY.

Last update: August 28, 2024