TERMS AND CONDITIONS OF SALE
1. Identity of the vendor
We are DBMC SAS, established 103 Rue du 17 Novembre, 25350 Mandeure, France
Company number: 95302219100019
VAT-number: FR24953022191
E-mail address: [email protected]
1. Definitions
Dab Motors
DBMC SAS whose details are mentioned under 1 above.
Client (hereinafter ’you’ or ‘Client’)
Any natural or legal person with whom Dab Motors enters into an agreement or with whom Dab Motors is negotiating about the conclusion of the agreement.
Consumer
Any natural person who is acting for purposes which are outside his trade, business, craft or profession;
Product
Any good or service offered by Dab Motors
2. Applicability
1. Dab Motors’ conditions of sale apply to every offer of product from Dab Motors to the Client.
2. Dab Motors delivers mainly in Europe and US. If you submit a delivery address outside of this country, Dab Motors need to analyze the demand and Dab Motors reserves the right to decline the order.
3. To be able to place an order, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address. If it comes to Dab Motors’s attention that an order is made by a minor, Dab Motors’s reserves the right to decline the order.
4. You shall bear the sole and exclusive responsibility for all aspects of your rides, including the compliance with all road, traffic and insurance rules that may apply to you. These rules may vary in each country. It is your responsibility to assess your compliance in this respect
5. You shall bear your owns costs relating to the use of your Dab Motors motorcycles.
6. Placing an online order on the website constitutes a formal acceptance of Dab Motors’ conditions of sale and of Dab Motors’ data protection policy, which are available on our website.
3. Our offer and your order
1. Dab Motors explicitly states in its offer when it is only valid for a constrained period of time or is subject to specific conditions other than those set out in these conditions of sale
2. Dab Motors describes in a clear, complete and accurate way the products it sells to you, as well as the steps of Dab Motors’ delivery process.
3. The purchase agreement (quote) between us is concluded once Dab Motors confirms your order in writing. The confirmation will follow after Dab Motors receives approval from the issuer of your card. Orders without valid payment by name of the registered cardholder will not be accepted or processed by Dab Motors. When you use the bankcard from another cardholder, you confirm you have the permission to use that bankcard to make the purchase from Dab Motors and issue the payment. Should the issuer of your card refuse to agree on your payment to Dab Motors, Dab Motors cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Dab Motors accepts the following payment methods: Visa, MasterCard and wire transfer.
4. Right of withdrawal
1. If you are a consumer, you have the right to withdraw from your purchase and return your order without giving any reason and without extra costs (except for the return costs).
2. The withdrawal period shall expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
3. You shall send back the goods or hand them over to Dab Motors, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You have to bear the direct cost of returning the goods.
4. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Adjusting the handlebars and/or adjusting the commandes is likely to create small claws which diminish value of the motorcycles. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the motorcycle, you are liable towards Dab Motors for any diminished value caused by these actions.
5. In case you send the goods back to Dab Motors, Dab Motors can refuse repayment as long as Dab Motors has not received the returned goods or until you have proved you have returned the goods, depending on which event occurs first.
6. Dab Motors shall reimburse you not later than 14 days starting from the day we received your returned goods. If Dab Motors offers to collect the goods itself, you will be reimbursed within 14 days starting from the day you informed Dab Motors to withdraw from the purchase agreement.
7. Dab Motors shall use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement. Dab Motors shall not reimburse the supplementary costs, if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Dab Motors.
8. You shall handle the order as well as the packaging with the utmost care during the first 14 days after delivery. As a consumer you will be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the goods, you should only handle and inspect the product in the same manner as you would be allowed to do in a shop.
9. In order to exercise your right to withdrawal, you can send us your request by mail with the“MODEL WITHDRAWAL FORM” in Annex. We will send you an acknowledgement of your withdrawal.
5. Price
1. The applicable prices are those in force at the moment of the conclusion of the purchase agreement. During the period Dab Motors mentions in its offer, Dab Motors’s prices do not change, except for price changes that may result from changes in tax rates.
2. Unless provided otherwise, the prices mentioned in our offers are:
- for European & UK customer : including 20% VAT and excluding shipping, custom/import fees
- for non-European, non-UK customers : ex works
6. Payment
A deposit is required to secure your motorcycle order and place the vehicle on hold for you. This deposit will be deducted from the total purchase price and is fully refundable should you decide not to proceed with the purchase.
The remaining balance is due in full before the motorcycle is shipped or prepared for pickup.
7. Warranty
1. By accepting these Terms and Conditions of Sale, you also agree to the Warranty Terms available here.
8. Delivery and execution
1. All products are delivered to the address you gave Dab Motors as delivery address or address of execution of the service.
2. The delivery period indicated by Dab Motors shall be based on the circumstances applicable to Dab Motors at the time the agreement was entered into.
3. Unless the parties have agreed otherwise of the time of delivery, Dab Motors shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, and not later than 18 months from the conclusion of the contract.
4. Where Dab Motors has failed to fulfil its obligation to deliver the goods at the time or within the time limit agreed upon with you, you shall call upon Dab Motors to make the delivery within an additional period of time appropriate to the circumstances.
5. The delivery method depends on the customer country, for every order a delivery quote will be done with the appropriate transporter.
6. When Dab Motors dispatches the goods to you, the risk of loss of or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to you upon delivery to the carrier if the carrier was commissioned by you to carry the goods and that choice was not offered by Dab Motors, without prejudice to your rights against the carrier.
9. Force majeure
1. If Dab Motors is unable to fulfill any of its obligations towards the Client due to force majeure, these obligations shall be suspended during the force majeure situation.
2. Events of force majeure are all circumstances external to Dab Motors’s will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the online store, late delivery or absence of delivery by suppliers or other third parties.
10. Intellectual property
1. All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
2. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, expect as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.
11. Liability
1. We do not explicitly or implicitly make any commitment concerning:
the website’s availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the website’s content, including the user-generated content and the links to third persons’ services.
2. To the extent permitted by applicable law, we are not liable for any harm resulting from our products, unless in the case of intentional fault or negligence.
3. Our liability is in any case excluded for indirect damages such as damages resulting from an accident, loss of income, loss of productivity and loss of data, or for moral damages such as reputational damage.
4. Despite the foregoing provisions, if Dab Motors is found liable for a given damage, Dab Motors’s liability is, in any case, limited to the amount covered by its insurance for the indemnification of the damage.
12. Complaints
1. If you would have complaints concerning Dab Motors’ products, please do not hesitate to contact us as indicated under 1 above.
2. These conditions are exclusively governed by French law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these conditions, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.
3. In case of national or cross border dispute, you can contact the Online Dispute Resolution platform of the European Union https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
13. Final provisions
1. If, irrespective of the reason, a provision in this agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.
2. An omission or a negligence in enforcing a provision of these conditions does not imply a waiver of such provision.
Annex – Model withdrawal form
“MODEL WITHDRAWAL FORM”
(complete and return this form only if you wish to withdraw from the contract) – To DBMC SAS, 103 Rue du 17 Novembre, 25350 Mandeure, France, [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
– Date
(*) Delete as appropriate.