Terms and conditions of sale

1. General provisions relating to these terms and conditions of sale

The present general conditions of sale, hereinafter the "GCS", apply to all orders placed on the Internet site at www.motoblouz.com, hereinafter the "Site", published by the company D3T DISTRIBUTION, hereinafter "MOTOBLOUZ", a simplified joint stock company with a capital of 9.195.00, registered with the R.C.S. of Arras (France) under number 478 566 250, having its registered office at 72 rue Elie Cartan, zone artisanale de la Gare d'Eau 62220 CARVIN, represented by Mr Jérôme Dalidet.
The General Terms and Conditions of Sale are made available to Internet users, whether visitors or Customers, on the Site, where they can be consulted directly, and can also be communicated to them on request by any means.
By registering on the Site, the Customer confirms that he/she has read and accepted the GTC, thereby becoming contractually bound by their terms. MOTOBLOUZ reserves the right to adapt or modify the GTC at any time. In the event of modification, the GTC in force on the day of the order will be applied to each order.
MOTOBLOUZ reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site.

2. Our offer

All offers of products, services and delivery terms, at the prices indicated in Euros, are valid on the territories of the member states in which MOTOBLOUZ markets its products, within the limit of available stocks.
The VAT rate applied varies according to the country in which the order is placed.
For orders outside the European Union, products will be invoiced tax-free and you will have to pay shipping costs calculated according to the destination country and the weight of the parcel. Upon receipt of the parcel, you will be required to pay customs duties and local VAT according to the destination country. The cost of shipping will be indicated when you select your delivery method.
If you have any questions about shipping costs for orders outside the European Union, please contact our sales team directly by e-mail by clicking on this link. A description with the essential characteristics of the product is present on each item we sell. However, slight variations may occur, so we recommend that you contact our customer service department in case of doubt.
The photographs illustrating the products and their description do not constitute a contractual document.
Our teams do their utmost to render a faithful image of the products offered for sale through the images or photographs used for their presentation. Nevertheless, variations may appear, notably due to technical limitations, color rendering or customer equipment (Internet browser, screen used). Motoblouz therefore recommends that the customer refer to the product description on the site for the essential characteristics.
Except in the case of a warranty (see article 10 below), any transaction between Motoblouz.com and its customers, not contested within 14 days of delivery, cannot give rise to a claim.

3. Creating a customer account

To place an order on the Site, the Customer must first create a personal customer account. Once created, to access the account, the Customer must identify himself using his personal and confidential login and password.
Each Customer undertakes to maintain strict confidentiality with regard to the data, in particular the login and password, enabling him/her to access his/her customer area. The Customer acknowledges that he/she alone is responsible for accessing the service using his/her login and password, unless fraud has been proven.
Customers also undertake to inform MOTOBLOUZ immediately in the event of loss, misappropriation or fraudulent use of their login and/or password.
After creating his personal customer area, the Customer will receive an e-mail confirming the creation of his customer area. When registering, the Customer undertakes to :

- provide true, accurate and up-to-date information at the time it is entered in the service registration form, and in particular not to use false names or addresses, or unauthorized names or addresses

- to keep the registration data up to date so as to ensure that it is real, accurate and up-to-date at all times.

The customer also undertakes not to make available or distribute any illicit or reprehensible information (such as information constituting identity theft) or harmful information (such as viruses). Should this not be the case, MOTOBLOUZ may suspend the Customer's access to the Site at its sole discretion.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet.
MOTOBLOUZ therefore does not guarantee that the Site and its services will operate without interruption or malfunction. In particular, its operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and / or its presentation. MOTOBLOUZ can not be held responsible for the use that would be made of the Site and its services by customers in violation of these GTC and direct or indirect damage that this use could cause a customer or a third party.
In particular, MOTOBLOUZ cannot be held responsible for false declarations made by a Customer.
In the event that MOTOBLOUZ is held liable for such a fault on the part of one of its Customers, the latter undertakes to hold MOTOBLOUZ harmless against any judgement pronounced against it and to reimburse MOTOBLOUZ for all costs, in particular representation costs, incurred in asserting its rights before the Courts.

4. Order

An order can only be registered on the site if you have clearly identified yourself, either by entering your login and password, which are strictly personal to you, or by creating an account on the www.motoblouz.com website if you are not yet registered.
Any order implies acceptance of the prices and description of the products available for sale. As soon as your order has been confirmed, it will be sent to our logistics department for processing. Within the hour, you will receive an automatic e-mail acknowledging receipt of your order.
We remind you that confirming an order implies the obligation to pay the price indicated.
However, you can obtain information about your order at any time by contacting us: on the www.motoblouz.com website in the "contact" section, then "contact form", or by post at :

Motoblouz.com
72 rue Elie Cartan
ZA de la Gare d'Eau
62220 CARVIN
France

5. Prices

Prices are quoted in euros (€) and include the applicable local VAT.
In the event of a promotion, MOTOBLOUZ undertakes to apply the promotional price to all orders placed during the promotion period.
The price is payable in full once the order has been confirmed. The prices shown include any discounts and rebates that MOTOBLOUZ may offer.
If delivery or transport charges apply (see article 7 below), they will be added to the order price and indicated separately before the order is confirmed by the Customer. The total amount due by the Customer and the details are shown on the confirmation page of each order.

6. Payment and security

6.1 BY CREDIT CARD

Payment is made via our partner Glopal's secure payment interface when ordering from motoblouz.com. Payment by credit card is perfectly secure. Motoblouz.com certifies that it does not hold any banking information entered during the ordering process. All bank details are transmitted in real time to our partner Glopal. For purchases made on the web, your account is debited when your order is validated.
Payment security: your credit card details are encrypted using the TLS (Transport Layer Security) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. Motoblouz.com has no access to these details, and does not store them on its servers. For this reason, you will be asked to provide them for each new transaction on our site.

6.2 RETENTION OF TITLE

Products remain the property of MOTOBLOUZ until full payment of the order has been received by Motoblouz.com. However, from the moment of delivery, the risks of the goods delivered are transferred to the customer.

6.3 DEFAULT OF PAYMENT

MOTOBLOUZ reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

6.4 ANTI-FRAUD CONTROL

The security of your orders on Motoblouz.com is a major concern. This is why orders are checked before shipment.
As part of this control and in order to fight against fraud and usurpation of means of payment on the Internet, Motoblouz may ask the customer to provide proof of identity and residence. Depending on the date of receipt, your order may be delayed.
If the control of these documents proves favorable, the order will be validated. Otherwise, or in the event of non-receipt, Motoblouz reserves the right to cancel the order. The order will then be cancelled and reimbursed.

8. Right of withdrawal

In accordance with Directive 2011/83/EU of October 25, 2011 on consumer rights, transposed into the national legislation of the Member States, you have a period of 14 calendar days from receipt of your items to exercise your right of withdrawal without having to give reasons for your decision or incur other costs.
In the case of an order for several items delivered separately, the period runs from receipt of the last item.
To exercise your right of withdrawal, you must notify the company D3T DISTRIBUTION of your decision either by means of the withdrawal form, duly completed, presented below in the General Conditions of Sale, or by any unambiguous correspondence expressing your wish to withdraw:

- Either to the following postal address (date of postmark serving as proof): société D3T DISTRIBUTION, 72 rue Elie Cartan 62200 CARVIN ;
- Or by e-mail by clicking on this link

For further information on how to exercise your right of withdrawal, you can contact us using the contact form on the www.motoblouz.com website.

If you exercise your right of withdrawal, we will reimburse the sums paid, including the cost of delivery:
- at the latest within 14 days of the date on which we are informed of your decision to withdraw, although this date may be deferred until receipt of the returned item(s) or proof of shipment, whichever comes first;
- by the same means of payment as the one used at the time of the order, unless another means of reimbursement has been agreed between the parties.

Please note that if you have chosen a delivery method that is more expensive than the standard delivery method, the delivery costs will be reimbursed within the limit of the cost of the standard delivery.
You are obliged to return or restitute the item(s) within 14 days of being informed of your decision to withdraw from the contract, the cost of reshipment being at your expense.

9. Product return conditions (excluding legal or commercial warranties)

9.1 WHEN TO RETURN A PRODUCT

You have 60 days from the date of receipt to return items for a refund.

9.2 HOW TO RETURN THE PRODUCT?

Return the item in the carton in which it was sent to you, or in an identical carton (reinforced, same size) if the first carton has been damaged. Please note that commercial packaging is not suitable for transporting goods. In order to preserve the item's original box, it must be returned in an over-carton as when originally sent.

9.3 CONDITIONS FOR YOUR RETURN TO BE ACCEPTED?

You have 60 days from the date of receipt to return items for a refund.
Items must be unused, in their original packaging and with all labels attached. Certain products cannot be returned: custom-made, personalized, perishable or edible items.
If these products are returned, we will reship them. If they are returned again, we reserve the right to keep them without refund.
The return of damaged or incorrect items must be approved by our Customer Service department.
If the item is damaged, incorrect or not compatible, your return costs will be refunded if your request is approved.
We reserve the right not to accept the return of defective items without an approved claim.
If you require a new item, please return the one you received for a refund. You will then need to place a new order. Shipping costs for the second shipment as well as return shipping costs are non-refundable.

Please note: Our After-Sales Service reserves the right to refuse a return if one of these conditions is not met, in which case the parcel will be returned directly to you.

9.4 HOW TO REQUEST A RETURN?

In your order history, find the order for the item in question (it must be less than 60 days old). The process will be explained step by step, but be sure to print out the summary to enclose with your parcel.
You must return the item(s) by your own means, at your own expense.
You are invited to specify on any customs documents that you are returning a product(s), to avoid incurring additional taxes.

10. Product warranty

10.1 COMMERCIAL WARRANTY

The products sold are covered by a commercial warranty designed to guarantee their conformity and ensure reimbursement of the purchase price or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products, or defects mentioned on the product sheet in the case of "second choice/conditioned" products.
Information concerning any commercial warranties relating to the products and services offered for sale (in particular the content of the warranty, the terms and conditions of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor according to the products, services and brands concerned) are brought to the attention of the customer, where applicable, on the sheet for each product and service in the online sales area.

10.2 LEGAL WARRANTY

Independently of the commercial warranty presented above, products benefit from the legal warranty of conformity defined in EU Directive 2019/771 of May 20, 2019 on certain aspects of contracts for the sale of goods, transposed into the national legislation of member states.
When you act under the legal warranty of conformity, you have a period of two (2) years from the delivery of the goods to take action

11. Protection of personal data

At any time, and pursuant to Articles 15 to 21 of the General Data Protection Regulation, you have the right to access, rectify, erase, limit processing, portability and object.
You can exercise these rights yourself directly by contacting us at the following address: dpo@motoblouz.com, or by exercising these rights yourself, where possible, on the dedicated page of your customer account.
When you place an order, you may receive promotional offers by e-mail. If you wish to receive such offers, simply tick the box when you register on the order page, or in the "my account - my subscriptions/newsletter" section.
At any time, you have the possibility of objecting free of charge to Motoblouz's commercial prospecting, by clicking on the "unsubscribe" link at the bottom of each e-mail, by logging on to the site in your customer area, by contacting us by e-mail or by sending a letter to :

Motoblouz.com
72 rue Elie Cartan
ZA de la Gare d'Eau
62220 CARVIN
France

12. Entire

These general terms and conditions of sale constitute the contract governing relations between the customer and MOTOBLOUZ.
They constitute the entirety of the rights and obligations governing this relationship.
Should one or more stipulations of these general terms and conditions of sale be declared null and void in application of a law, regulation or following a final decision by a court, the other stipulations will retain their full force and scope.
In addition, the fact that one of the parties does not take advantage of a breach by the other party of any of the stipulations of the present terms and conditions of sale shall not be construed as a waiver on its part to take advantage of such breach at a later date.

13. Settlement of disputes

The present general terms and conditions of sale are subject to the national law of the Member State defined according to the provisions of EC Regulation n°593/2008 of June 17, 2008 concerning the law applicable to contractual obligations, particularly its article 6.

Any complaint relating to the performance or interpretation of the contract must be submitted in advance in writing to the customer service department of D3T DISTRIBUTION either by e-mail by clicking on this link, or via the contact form accessible on the website www.motoblouz.com.

In addition and in accordance with Article 14 of Regulation (EU) No. 524/2013 of May 21, 2013 on the online settlement of consumer disputes, MOTOBLOUZ informs you that the European Commission has set up a platform intended to collect consumer complaints following an online purchase in order to then forward them to the competent national mediators.
This platform can be accessed at the following address:

Any dispute or litigation arising from the performance or interpretation of these general terms and conditions of sale, which has not been amicably resolved by the parties, will be subject to the jurisdiction of the Court established in accordance with the rules of civil procedure defined in EU Regulation No. 2015/20212 of December 12, 2012 in particular relating to jurisdiction, particularly its Article 7.

14. Copyrights

Any reproduction, even partial, of elements of the Motoblouz.com or Access-moto.com sites requires the prior written consent of SAS D3T Distribution.
Motoblouz.com and Access-Moto.com are the property of SAS D3T Distribution.

15. Intellectual property

All content present or made available on the www.motoblouz.com website, such as texts, photographs, trademarks, logos, illustrations and databases, is protected by intellectual property rights.
Any total or partial reproduction or representation of the www.motoblouz.com website and its contents is strictly forbidden.

16. Withdrawal form

WITHDRAWAL FORM

Please complete and return this form if you wish to exercise your right to withdraw from an order placed on the www.motoblouz.com website:

To
- D3T DISTRIBUTION
- Société par Actions Simplifiée with a capital of 9 195 €uros
- Registered with the RCS of Arras under n°478 566 250
- Address: 72 rue Elie Cartan 62220 CARVIN
- Telephone: 0321433304
- E-mail: contact.eu@motoblouz.com
I hereby notify you of my withdrawal from the contract for the sale of the goods detailed below:
- Ordered on :
- Received on :
- Order number :
- Customer name :
- Customer address :

Made on :
A :
Customer's signature (only in the case of notification of this form on paper)