Terms & Privacy

GENERAL TERMS AND CONDITIONS OF SALE AND USE



Legal notice and scope of application

The present site is published by the company HEROON LTD.

SIRET 88916084200015

8, rue Bayen C/O C.R.T.V.A 75017 PARIS

Registration 2717634 in HK. 

The publisher can be reached by e-mail at the following address: contact@remmotorcycle.com.

This site is hosted by Shopify. Inc. whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada.

Acceptance of the general terms and conditions

The subscription to a contract governed by the present general conditions, with the editor of the present site supposes the acceptance, by the Internet user, of the present general conditions. The Internet user acknowledges by the same fact to have taken full knowledge of it. The Net surfer recognizes the value of proof of the systems of automatic recording of the editor of the present site and, except for him to bring contrary proof, he gives up contesting them in the event of litigation.

The acceptance of the present general conditions supposes on the part of the Internet users that they are major and have the legal capacity necessary for that, or failing that they have the authorization of a tutor or a curator if they are unable to do so.

Modification of the general terms and conditions

The present general conditions can be modified at any time by the publisher of the site or his representative. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher commits himself obviously to keep all his former general conditions and to send them to any user who would make the request.

Orders

The availability of the products is indicated on the site, in the descriptive sheet of each article.

In order to place an order, Internet users will be able to select one or more items and add them to their basket.

When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.

By consulting their basket, members will be able to check the number and nature of the items they have chosen and will be able to verify their unit price as well as the total price of the order. They will be able to remove one or more items from their cart and modify their options.

On this summary (estimate) will be indicated all the items and services invoiced or offered to the customer.

If they are satisfied with their order and wish to validate it, the Internet users will be able to continue and they will then access an identification form in which they can either enter their connection identifiers if they already have them, or register on the site by completing the form presented to them, with their personal information.

As soon as they are connected or after they have completed the form in full, Customers will be invited to check or modify their billing and delivery details, to choose a payment method and will then be invited to make their payment by being redirected to the secure payment interface for this purpose.

Once the payment is actually received by the publisher of the site, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum of 24 hours.

In the same way and within the same deadlines, the publisher makes a commitment to address to the customer an electronic mail summarizing the order and confirming the treatment to him, taking again in addition all information relating to the order, the ordered products, their delivery, as well as the methods of exercise of their right of retractation.

Price

The prices indicated on the site are in USD. These prices can be modified at any time by the publisher, the displayed prices are valid only on the day of the order and are not effective for the future.

Taxes are not included in the price.



Clause of property reserve

The products and articles remain the property of the seller until full payment of their price, in accordance with this retention of title clause. The risks are nevertheless transferred to the buyer or user as of their delivery.

Payment

The Internet user can place an order on the present site and can make his payment by credit card and Paypal.

Credit card payments are made through secure transactions provided by the provider: Stripe. Within the framework of payments by credit card, the publisher of the present site does not have access to any data relating to the means of payment of the user. The payment is made directly in the hands of the banking establishment.

Delivery

a) Delivery times

Orders are delivered by USPS, UPS, EMS and others.

The delivery times vary from 5 to 15 working days.

Orders can be delivered in several parcels.

The personalized products can nevertheless justify a longer delivery time, it will be expressly mentioned to the attention of the consumer during the validation of the order as well as by email.

b) Apparent defect

The customer undertakes to check the conformity of the product to his order upon delivery. Any error of delivery compared to the order or apparent defect will have to be the subject of a complaint, within 14 clear days as from the delivery. After this period, the product will be deemed to have been received by the customer, who can no longer claim a delivery error or an apparent defect.

c) Damage and partial losses

Receipt of the objects transported extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following that of such receipt, the consignee has not notified the carrier, by registered letter, of his reasoned protest.

Claims related to the transport of the products must therefore be entered on the transport document, then confirmed to the carrier and the publisher by registered letter with acknowledgement of receipt within three clear days from receipt of the products, under penalty of foreclosure of reserves and claims.

Provisions relating to consumer rights

a) Customer Service

The customer service department of this site is accessible by email at the following address: contact@remmotorcycle.com.


b) Right of withdrawal

In accordance with current legislation, consumers have a period of 14 days from the date of receipt of the package to request an exchange or refund.

Consumers may not under any circumstances claim the exercise of any right of withdrawal for orders of all products clearly personalized or made to their specifications.

c) Late delivery

We undertake to compensate customers in case of delay in the form of a purchase order as well as financial compensation (partial reimbursement of the order) to compensate for the damage suffered.

In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to take advantage of the resolution of the sale provided for in this article.

Newsletter of the publisher

By ticking the box provided for this purpose or by expressly giving their agreement to this end, the members accept that the publisher may send them, at a frequency and in a form to be determined by the publisher, a newsletter (newsletter) that may include information relating to its activity.

When the user ticks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.

Subscribed members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

Partner newsletters

The member who has accepted the communication of personal data (and in particular his e-mail address) to third party partners of this site may receive newsletters (information letters) issued by these partners, commercially or not, at the frequencies and in the forms determined by the said partners.

The member has at any time the option to unsubscribe by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by the said partners. Otherwise, the member has the option to unsubscribe by contacting directly the issuer(s) of the said newsletters (newsletters). The publisher of this website shall in no way be held responsible for the content, data or forms of newsletters (newsletters) sent by the said partners, whatever the prejudice that would have been suffered by the member. Any complaint must be made directly to the issuer of the newsletter (newsletter).

Mentions relating to the Data-processing law and Freedoms, of January 6, 1978

Internet users are free to provide personal information about themselves. The provision of personal information is not essential for browsing the site. On the other hand, registration on the present site implies the collection, by the editor, of a certain number of personal information concerning the Internet users. Internet users who do not wish to provide the information necessary for the use of the services offered by the present site, as well as, if need be, necessary for the creation of a personal space, will not be able to use the services offered by the editor of the present site, nor to place an order on the present site.

Within the framework of an order on the present site, the information relating to the collection of payment data, in particular the credit card number and its use for commercial identification purposes is subject to the collection of the consent of the person concerned, through the various forms present on the site.

The collected data are necessary for the good administration of the services offered on this site as well as for the respect of its contractual obligations by the editor. These data are kept by the editor in this unique quality, and the editor commits himself not to use them in another frame, nor to transmit them to third parties, except with the express agreement of the users or cases provided for by the law.

The coordinates of all the users registered on the present site are saved for a duration of one year, reasonable duration necessary for the good administration of the site and a normal use of the data. This data is kept in secure conditions, according to current technical means, in compliance with the provisions of the French Data Protection Act of 6 January 1978.

In accordance with the latter, they have the right to oppose, question, access and correct the data they have provided. To do so, they simply need to make a request to the publisher of the present site, by formulating it at the following e-mail address: contact@remmotorcycle.com, or by post to the address of the publisher's head office mentioned at the beginning of the present general conditions.

The personal data collected are subject to computer processing and are exclusively reserved for the publisher of the site.

The personal data collected are not subject to any transfer abroad.

In addition, the editor reserves the right to collect the public IP (Internet Protocol) address of all Internet users. The collection of this IP address will be carried out in an anonymous way, it will be kept for the same duration as the personal information and will be intended only to allow a good administration of the services proposed on the present site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.

The editor will have to communicate all personal data relating to an Internet user to the Police (on judicial requisition) or to any person (on judge's order). The IP address of your computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet Service Provider).

Nominative data and privacy protection

The publisher acts in accordance with European law in terms of data collection and processing. Each person with an account is able to modify at any time the data collected by logging into his account from remmotorcycle.com.

The data collected is collected solely for the purpose of being able to deliver the orders in the shortest possible time and under the best possible conditions. The publisher commits to not make any commercial use of customer data and to transmit them to third parties, in any form (exchange/sale to third parties) except for the proper delivery of an order.

Information regarding the collection of "cookies".

In order to allow all the Net surfers an optimal navigation on the present site as well as a better operation of the various interfaces and applications, the editor will be able to proceed to the installation of a cookie on the computer of the user. This cookie makes it possible to store information relating to the navigation on the site (date, page, hours), as well as possible data seized by the Net surfers during their visit (research, login, email, password). These cookies are intended to be stored on the Internet user's computer for a variable period of up to one year, and may be read and used by the publisher during a subsequent visit by the Internet user to this site.

The user has the possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him from using certain services or features provided by the publisher, this malfunction can in no way constitute a damage for the member who can not claim any compensation for this fact.

Exoneration of the responsibility of the publisher within the framework of the execution of the present contract

In the event of impossibility of access to the site, due to technical problems or of any nature, the customer will not be able to prevail himself of a damage and will not be able to claim any compensation.

By express agreement between the parties, the customer acknowledges that the publisher will only be able to carry out the obligations subscribed at the conclusion of the contract when the latter will have in its possession all the elements required and requested during the ordering process.

In the event of delivery of a package that is manifestly and visibly deteriorated, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package can be prepared and then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in the present general conditions will no longer be applicable.

The unavailability of one or more products, even prolonged and without any limiting duration, cannot constitute a prejudice for the Internet users and can in no way give rise to the granting of damages on the part of the site or its publisher.

The visual representations of the products, published on the present site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy his obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences could in no hypothesis be imputed to the editor who will not be able to see its responsibility committed of this fact.

The hypertext links present on the present site can refer to other Internet sites and the responsibility of the publisher of the present site could not be committed if the contents of these sites contravene the legislations in force. Likewise, the responsibility of the publisher of the present site cannot be engaged if the visit, by the Internet user, of one of these sites, would cause him a prejudice.

The intellectual property rights relating to the elements published on this site

All the elements constituting the present site belong to the editor and are for this reason protected by the legislation relating to the intellectual property.

Internet users therefore recognize that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, will be likely to give rise to legal proceedings against you by the publisher.

This protection will apply to all the textual and graphic contents of the site, but also to its structure, its name and its graphic charter.

Applicable Law and Jurisdiction Clause

These general conditions are subject to the application of French law and the exclusive jurisdiction of French courts. The language of the contract is French.

Except for public order provisions, any litigation that may arise in the context of the execution of the present general conditions may, before any legal action, be submitted to the appreciation of the site publisher with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for taking legal action.

Nullity and non-waiver clause

If one of the clauses of the present general terms and conditions were to be declared null and void by a court decision, this nullity would not entail the nullity of all the other clauses, which would continue to produce their effect.

The fact, for the publisher, not to take advantage temporarily or permanently of one or more clauses of the present general conditions, will in no case entail a renunciation to take advantage of the rest of the general conditions.

Conditions of use of our online store

By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these Terms and Conditions will result in the immediate termination of your Services.


General terms and conditions

We reserve the right to deny access to the services to any person at any time, for any reason whatsoever.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to or contact on the website, through which the Service is provided, without our prior express written permission.

The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.


Accuracy, completeness and timeliness of information.

We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for information purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.


Changes to services and prices

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice.

We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.


Products or services

Certain products or services may be available exclusively online on our website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy.

We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that the display of colors on your computer screen will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any service or product offerings on this site are void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

For more details, please see our Return Policy.


Optional tools

We may provide you with access to third party tools over which we have no monitoring, control or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any approval. We shall have no legal liability arising out of or relating to the use of these optional third party tools.

If you use the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third party vendor(s).

We may also offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms and Conditions of Sale and Use.

Third party links


Certain content, products and services available through our Service may include material from third parties.

Third party links on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of such sites, and we do not guarantee or assume any responsibility for any content, websites, products, services or other materials accessible on or from such third party sites.

We are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding the products of these third parties should be directed to the same third parties.

Comments, suggestions and other proposals from users

If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.

We may, but are under no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.

You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We take no responsibility and disclaim any liability for any comments you or any third party post.


Errors, inaccuracies and omissions

From time to time, there may be information on our site or in the Service that could contain typographical errors, inaccuracies or omissions that could relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Service or on any related website is inaccurate, at any time without notice (including after you place your order).

We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No fixed date for updating or refreshing in the Service or on any associated web site should be relied upon to conclude that information in the Service or on any associated web site has been changed or updated.



Prohibited uses

In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to induce or participate in illegal acts by third parties; (c) to violate any regional or international, federal, provincial or state laws, rules or regulations; (d) to infringe or violate our or third parties' intellectual property rights; (e) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the Service or any related, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.


Exclusion of Warranties and Limitation of Liability

We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided to you "as is" and "as available" for your use without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Remmotorcycle, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenues, savings, data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or in respect of any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of your use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.


Compensation


You agree to indemnify, defend and hold Remmotorcycle, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents referred to in them, or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these Terms and Conditions of Sale and Use is held to be illegal, void or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.


Termination

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until terminated by either of you. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

Entire agreement


Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.

These Terms and Conditions of Sale and Use or any other policies or operating rules that we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).

Any ambiguity as to the interpretation of these Terms and Conditions of Use shall not be construed to the detriment of the drafting party.


Applicable Laws


These Terms and Conditions of Sale and Use and any other separate agreement through which we provide Services to you shall be governed by and construed in accordance with the laws of Hong Kong.


Changes to the Terms and Conditions of Sale and Use

You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.