Bihr Online

Every sale expressly implies acceptance of the General Terms and Conditions of Sale given below and in particular the clauses on Applicable law - Jurisdiction and Ownership.

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS 
The Company refers to the company BIHR SAS with a capital of € 500,000, whose Head Office is located at ZI Parc 3 - 7 rue Robert Schuman - 68870 BARTENHEIM – France and is incorporated in the Trade and Company Register (RCS) of MULHOUSE under n° B 320 671 233. 
The Customer refers to any professional trading and/or dealing in the repairs of motorbikes and automobiles purchasing a part from the Company.

2. ORDERS 
2.1 Once the order has been placed, it shall be considered as firm and definite. The Company draws the Customer's attention to the fact that any online order containing errors or omissions in the data entered may lead to errors in the execution of the order for which the Company can in no case be accountable. 
2.2 The Customer's signature on an order form and its acceptance by the Company irrevocably binds the Customer to these general terms of sale, which is expressly acknowledged by the Customer who hereby declares to be fully aware thereof. 
2.3 Should a product not be available due to being out of stock or removed from the catalogue, this shall not lead to the overall order being cancelled and shall not give rise to any compensation. 
2.4 The minimum order per consignment is set at 20 euros excl. VAT. Any order under this amount shall generate processing costs of 5 euros excl. VAT, excepting for an order entered by the Customer on the Company's web platform.

3. DELIVERIES 
3.1 The carrier most adapted to the Customer's needs shall be designated by the Company. 
3.2 Delivery deadlines are given for information purposes only and run from the date the order is received. 
3.3 In no case may a late delivery lead to the sale being cancelled. If a specific deadline is agreed to, the Company undertakes to respect this date. Should it be impossible to respect the deadline, the Company shall immediately inform the Customer thereof and set a new date, without the Customer being able to claim compensation for any reason whatsoever. 
3.4 No compensation may be claimed if a product cannot be delivered: 
	- following an unforeseeable stoppage in manufacturing, 
	- in cases where the terms of payment stipulated on our order form have not been respected by the Customer, 
	- in cases where the information required to execute the order have not reached us in time, 
	- if the late or non-execution of the order is due to a case of force majeure and in particular in the case of strikes, accidents, fire, natural disasters and the impossibility of receiving supplies or any other circumstances beyond our control. 
3.5 Even if our goods are dispatched carriage paid, they travel exclusively at the risk of the consignee. It is up to the Customer to check the goods on reception and, if necessary, to exercise any recourse against the carrier. 
3.6 Should the goods be refused without any justification, the Company reserves the right to claim compensation amounting to 50 euros excluding VAT from the Customer in addition to the carriage costs.

4. RETURN OF GOODS 
4.1 Returning goods is subject to the prior, written agreement of the Company. 
4.2 The only goods which may be returned are new goods, in a perfect state, wrapped in their original packaging. They must not have been subject to any damage by the Customer, its personnel or third parties. 
4.3 Goods may only be returned within a maximum deadline of 30 calendar days from delivery. The Company does not manage the unsold stock of its Customers. 
4.4 Unless they should present a defect attributable either to the Company or the manufacturer, returned goods accepted by the Company shall be subject to a fixed restocking invoice set at €9.00 excluding VAT per order containing the product(s) returned, with returned goods being carriage paid for Customers located in mainland France. 
4.5 When the Company has signed an agreement with the Customer for deferred payment, the return of goods shall lead to a credit note being issued which shall be deducted from the next payment instalment. However, in the case of payment with the order, the returned goods shall be reimbursed by bank transfer.

5. OWNERSHIP CLAUSE (Art. L.624-16 French Commercial Code) 
The Company shall remain the owner of the goods delivered until all the supplies have been paid in full with reference to the order. In order to avail itself of this clause, the Company merely has to inform the Customer of its formal desire to recover the goods by recorded delivery letter with acknowledgements of receipt sent to the Customer, or if necessary through an agent appointed by the court. It is nonetheless expressly stipulated that, notwithstanding the guarantee clause (cf. Art.10), the Customer shall be liable for the goods in its possession as soon as they are materially delivered, the transfer of possession entailing the transfer of risks. Consequently, the Customer must take all necessary measures and, if necessary, take out any insurance to compensate any loss or damage to the goods.

6. PRICE 
6.1 The prices are quoted in euros, exclusive of VAT and carriage costs. 
6.2 The prices indicated in all the price lists issued by the Company are given for information purposes. They are calculated ex-warehouse in BARTENHEIM, excluding any carriage costs and packaging. 
6.3 They may be modified at any moment without prior notice according to fluctuations in monetary values or increases imposed by the supplier. The price invoiced to the Customer is the current price at the time the order is registered.

7. PAYMENT 
7.1 Invoices are payable in cash, by bank transfer or by bank card. The Company does not accept any payment by cheque. In the case of online payment, the Customer guarantees the Company that it has the necessary authorisations to use the means of payment selected. The Company cannot be held liable for an order registered and paid using information belonging to the Customer. 
7.2 No discount shall be granted in the case of immediate payment. No delivery shall be carried out until the payment has been received, notwithstanding an agreement resulting from payment to an account, as quoted in an article 7.3 herebelow. 
7.3 Any mode of payment other than at the time the order is placed, presupposes the opening of an account with the Company and the prior, written acceptance without any reserves, of our general terms of sale. 
7.4 Should the order envisage the possibility of deferred payment, either by letter of credit not subject to acceptance, or by direct debit, it is agreed that failing the payment of a single instalment, all the amounts remaining owing by the customer become rightfully and immediately payable without any formality, nor prior formal notification. 
7.5 Any non-payment of an order may lead to the suspension of all orders in process. Furthermore, in the case of unpaid invoices, the Customer shall be obliged to pay a specific penalty invoiced at €20 excluding VAT per unpaid instalment in addition to any bank charges incurred by the Company. 
7.6 Any late payment, for any reason whatsoever, shall rightfully generate interest from the payment date quoted on the invoice, at the rate of interest applied by the European Central Bank for its most recent refinancing operation incremented by 10 percentage points in accordance with Article L.441-6 of the French Commercial Code until the amounts owing have been paid in full. 
7.7 Should the Customer's shortcomings make it necessary for the Company to initiate litigious or in-court proceedings for the recovery of debts, in addition to the payment of the principal amount, interest, expenses and ancillary costs, the Customer must pay compensation to the Company set at 15% of the principal amount of the debt including VAT and likewise the contractual and fixed damages, without prejudice to compensation allocated under Article 700 of the French Code of Civil Procedure or an equivalent text, and the expenses and costs of the legal proceedings.

8. OUTSTANDING ITEMS 
All outstanding items are maintained for 7 calendar days from the time a fax or e-mail is sent to request confirmation of the outstanding items. Beyond this deadline, the outstanding items are automatically cancelled and must be ordered anew.

9. CLAIMS 
The purchaser is bound to check the goods at the time of delivery and must inform the Company in writing of any reservations it intends to make concerning the state of the goods received (conformity with the order, manufacturing defects etc.) within a time limit of 3 working days from the date of delivery. Excepting in the case of a proven hidden defect, no claim shall be accepted if it is not formulated in writing within this time limit.

10. GUARANTEES 
10.1 The Company is bound by the legal guarantee for hidden defects in items sold pursuant to Article 1641 of the French Civil Code. 
10.2 If our liability is retained following the non-performance or the faulty performance of our contract, total compensation may not exceed an amount equal to the price of the goods at the source of the damage. 
10.3 Should the Company be required to carry out maintenance, repairs, modifications or any other work on parts entrusted to the Company by the Customer, it declines all liability for all prejudices and damage which said parts may later incur and which do not stem from an act by the Company, but an act by the Customer or a third party (not following the assembly instructions, assembly or reassembling work carried out by an unqualified person etc.). 
10.4 Some parts which we distribute, such as camshafts, cylinder-increasing piston kits, carburettors, exhaust pipes and other engine-tuning parts, are designed to enhance the performance of vehicles used exclusively for competition purposes. Consequently, these parts may affect the specifications of the vehicle in terms of its approval and therefore make it inappropriate for use on roads. The Company may not in any case be held liable at any time or in any way whatsoever for such modifications or the use of a modified vehicle with the aim or the effect of rendering it non-conform in relation to the administrative regulations which are normally applicable.

11. SCOPE 
Should one of these terms become void or be cancelled, this shall not affect the other clauses which shall continue to apply.

12. APPLICABLE LAW – JURISDICTION. 
These general terms of sale and all sales concluded by the Company are governed by French law. 
All disputes relating to the drafting, conclusion, interpretation or performance of the contract signed between the Company and its Customer shall, excepting a settlement out of court, be referred exclusively to the jurisdiction of the courts in MULHOUSE.

General terms and conditions