Terms of Use

Article 1 – SCOPE

These General Terms and Conditions of Sale ("the GTC") apply, without restriction or reservation, to all sales concluded by Planète JMS MOTOS ("the Seller") to consumers and non-professional buyers ("the Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("the Products") on the PLANETEJMSMOTOS website: www.jmsmotos.shop ("the Site").

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Site. 

The GTC specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered by the Customers.

They may be supplemented by special conditions, set out on the website, before any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.

These GTC may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date of placing the order.

The modifications of these GTC are enforceable against the users of the Site from the moment they are put online and cannot apply to transactions concluded previously.

Article 2 – PRODUCTS OFFERED FOR SALE

The Products offered for sale on the Site are as follows: 

- Motorcycle accessories and parts;

- Motorcycle spare parts, clothing and equipment of the biker. 

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site.

The Customer is required to read it before placing any order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential particularities and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

Article 3 – DURATION OF VALIDITY OF THE PRODUCT OFFER

The offers of Products are understood within the limits of available stocks, as specified when placing the order.

Article 4 – CONTACT DETAILS OF THE SELLER

The Seller's contact details are as follows: 

Planète JMS MOTOS SAS with a capital of 50.000 €

RCS AVIGNON 492 719 711
SIRET : 492 719 711 00011

1bis, route de Morières – 84000 – AVIGNON

anthony.salaris@jmsmotos.fr

04.90.87.70.70

Article 5 – ORDERS

5.1. Placing the order

It is up to the Customer to select on the Site the Products he wishes to order, according to the following methods: 

1/ Selection of the item(s) and quantities;

2/ Validation of the basket;

3/ Confirmation of acceptance of the GTC; 

4/ Registration form containing the various contact details necessary for the processing of the order;

5/ Payment of the order.

The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to report or rectify any errors immediately.

The registration of an order on the Site is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of all these General Conditions of Sale as well as the General Conditions of Use of the Site.

The sale of the Products is final only after the sending to the Customer of the confirmation of the acceptance of the order by the Seller by e-mail, which must be sent without delay.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the Site.

The Seller is not intended to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities and exceeding the limit of available stocks.

5.2. Modification of the order

Once confirmed and accepted by the Seller, under the above written conditions, the order cannot be modified.

5.3. Cancellation of the order

Once confirmed and accepted by the Seller, under the above written conditions, the order cannot be canceled, except exercise of the right of withdrawal or cases of force majeure.

Article 6 – RATES

The Products are provided at the rates in force on the Site, when the order is registered by the Seller. Prices are expressed in Euros, HT and TTC.

The rates take into account any reductions that may be granted by the Seller on the Site.These rates are firm and non-revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at his expense.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

Article 7 – TERMS OF PAYMENT

The price is payable in cash, in full on the day of the order, by credit cards: Credit Card, Visa, MasterCard, American Express, or other credit cards.

Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

Payment data is processed securely and is immediately encrypted. 

Payments made by the Customer will only be considered final after the Seller has actually collected the sums due.

In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Customer.

No additional costs, higher than the costs incurred by the Seller for the use of a means of payment may be charged to the Customer.

Article 8 – DELIVERIES

The Products ordered by the Customer will be delivered in metropolitan France within the shipping time indicated on the Product sheet to which is added the processing and delivery time to the address indicated by the Customer when ordering on the Site.

Delivery is constituted by the transfer to the Customer of the physical possession or control of the Product.Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information purposes only. 

If the Products ordered have not been delivered within fifteen (15) days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's Liability - Guarantee".

The Seller bears the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.

Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

When the Customer has himself taken care of using a carrier he chooses himself, the delivery is deemed to be made as soon as the Products ordered by the Seller is handed over to the carrier as soon as he has handed over the Products sold to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a special request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, on quotation previously accepted, in writing, by the Customer.

The Seller also offers free delivery in its Concession d'Avignon only whose address will be specified on the order 

The Customer is required to check the condition of the Products delivered. He has a period of twenty-four (24) hours from delivery to formulate by e-mail any reservations or claims for non-conformity or apparent defect of the Products delivered (for example damaged package already opened ...), with all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 and following of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees in particular).

Article 9 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK

The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's own risk.

Article 10 – RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition, within eight (8) days (not more than fourteen (14) days) following notification to the Seller of the Customer's decision to withdraw.

Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their return to the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on the Site, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the desire to withdraw.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are refunded; the return costs remaining the responsibility of the Customer.

The refund will be made within eight (8) days (maximum fourteen  (14) days) from the notification to the Seller of the decision to withdraw.

Article 11 – LIABILITY OF THE SELLER – GUARANTEE

The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses. 

11.1. Legal guarantees 

The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:

- the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order,

- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use,

under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

It is recalled that within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the good to act against the Seller;

- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; 

- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects Product in accordance with Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of eight (8) days from the delivery of the Products or the discovery of hidden defects within the deadlines referred to above and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions...).

The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Refunds of Products deemed non-compliant or defective will be made as soon as possible and at the latest within fifteen (15) days following the seller's finding of the lack of conformity or hidden defect.

The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller cannot be held liable in the following cases: 

- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,

- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.

11.2. Contractual guarantee

The Product purchased on the Site, may benefit from a manufacturer's commercial warranty (refer to the conditions of the manufacturer's warranty possibly provided in the packaging of said Product).

To be able to benefit from this commercial guarantee, it is imperative to keep the purchase invoice of the Product(s).

Article 12 – PROTECTION OF PERSONAL DATA

The personal data collected from the Customer are subject to computer processing carried out by the Seller. They are recorded in its Customers file and are essential to carry out the sale of the Products (accessories and motorcycle parts; motorcycle spare parts, clothing and equipment of the biker). This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of the contract and any applicable guarantees.

The data controller is the Seller. Access to personal data will be strictly limited to employees of the controller, who are entitled to process them due to their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the customer's authorization being necessary. As part of the performance of their services, third parties have only limited access to the data and are obliged to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Except in the cases set out above, the Seller is prohibited from selling, renting, assigning or giving access to third parties to the data without the prior consent of the Customer, unless compelled to do so for a legitimate reason. If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data will be specified.

In accordance with the applicable regulations, the Customer has a right of access, interrogation, rectification, erasure, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights that he can exercise by contacting the controller at the following postal or email address: 

« SAS PLANETE JMS MOTOS

Mrs Noëlla SALARIS

1 Bis Route Morières

Route de Lyon 

84000 AVIGNON

Noella.salaris@jmsmotos.fr".

If the Customer considers, after contacting the Seller, that his rights "Informatique et Libertés" are not respected, he may send a complaint to the CNIL.

Article 13 – INTELLECTUAL PROPERTY

The content of the Site www.jmsmotos.shop is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

Article 14 – UNFORESEEABILITY

In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its counterparty.

Article 15 – FORCE MAJEURE

The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

Article 16 – APPLICABLE LAW – LANGUAGE

These General Terms and Conditions of Sale and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

Article 17 – DISPUTES

In the event of a dispute between the Parties, they will endeavor to resolve it amicably.

In the absence of an amicable agreement and before possibly referring the matter to the competent judicial courts, the Consumer Customer has the possibility of seizing free of charge, in application of the provisions of Article L612-1 of the Consumer Code, a mediator whose contact details are as follows:

Ombudsman of the National Council of Automotive Professions (CNPA)

60 Chemin Fontanille – BP 21266

84911 AVIGNON Cedex 9

The Consumer Client remains free to accept or refuse the use of mediation, and in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator. 

Article 18 – PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE CUSTOMER

The Customer acknowledges having had communication, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the Consumer Code, and in particular the following information:

- the essential characteristics of the Product;

- the price of the Products and ancillary costs (delivery for example);

- in the absence of immediate performance of the contract, the date or period at which the Seller undertakes to deliver the Product;

- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if it is not apparent from the context;

- information relating to legal and contractual guarantees and their implementation methods;

- the functionalities of the digital content and, where appropriate, its interoperability;

- the possibility of resorting to conventional mediation in the event of a dispute.

The fact that a natural or legal person orders on the Site implies full acceptance and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who renounces, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.

ANNEX I – PROVISIONS ON LEGAL GUARANTEES

Article L.217-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility.

Article L.217-5 of the Consumer Code

To be in conformity with the contract, the property must: 

- Be fit for the use usually expected of a similar good and, if applicable: 

o correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;

o present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L.217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L.217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. That period shall run from the date of the buyer's request for intervention or from the making available for repair of the goods in question, if such making available is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

ANNEX II – WITHDRAWAL FORM

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the PLANETEJMSMOTOS Website (www.jmsmotos.shop) except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of SAS PLANET JMS MOTOS, 1bis route de Morières – 84000 AVIGNON

- Command ______/_____________

- Order number: ...........................................................

- Name of the Client: ..............................................................

- Address of the Customer: ......................................................................

....................................................................................................

Signature of the Customer (only in case of notification of this form on paper):

GENERAL CONDITIONS OF SALE PLANET JMS MOTORCYCLES (MOTORCYCLE VEHICLES)

Article 1 – SCOPE

These General Terms and Conditions of Sale ("the GTC") apply, without restriction or reservation, to all sales concluded by SAS PLANETE JMS MOTOS ("the Seller") to consumers and non-professional buyers ("the Customers or the Customer"), wishing to acquire one or more new and/or used motorcycle vehicles ("the Products") offered for sale by the Seller, on the PLANETEJMSMOTOS website: www.jmsmotos.shop ("the Site").

 The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Site. 

The GTC specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered by the Customers.

They may be supplemented by Special Conditions, set out on the website, before any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.

These GTC may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Site on the date of placing the order.

The modifications of these GTC are enforceable against the users of the Site from the moment they are put online and cannot apply to transactions concluded previously.

Article 2 – PRODUCTS OFFERED FOR SALE

The Products offered for sale on the Site are as follows: New and used motorcycle vehicles.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site.

The Customer is required to read it before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.The photographs and graphics presented on the Site are not contractual and can not engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential particularities and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

The description of a Motorcycle Vehicle subject to sale, chosen in advance by the Customer via the Site or directly in the dealership, will be confirmed by the Order Form that will be sent to him.

The Motorcycle Vehicles offered by PLANETE JMS MOTOS are new or used motorcycle Vehicles, including in particular the "0km" motorcycle Vehicles. The Customer is informed that a Motorcycle Vehicle "0km" is a Motorcycle Vehicle that has received a first registration and whose mileage is between 0 and 50 kilometers.

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

Article 3 – DURATION OF VALIDITY OF THE PRODUCT OFFER

The offers of Products are understood within the limits of available stocks, as specified when placing the order.

Article 4 – CONTACT DETAILS OF THE SELLER

The Seller's contact details are as follows: 

Planète JMS MOTOS SAS with a capital of 50.000 €

RCS AVIGNON 492 719 711

1bis, route de Morières – 84000 – AVIGNON

contact@jmsmotos.fr

04.90.87.70.70

Article 5 – ORDERS

5.1. Placing the order

It is up to the Customer to select on the Site the Products he wishes to order, according to the following methods: 

1/ Selection of the item(s) and quantities;

2/ Validation of the basket;

3/ Confirmation of acceptance of the GTC;

4/ Registration form containing the various contact details necessary for the processing of the order;

5/ Payment of the order.

The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to report or rectify any errors immediately.

The registration of an order on the Site is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of these GTC.

The sale of the Products is final only after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay.

The sale of motorcycle Vehicles is final only after the acceptance by the Customer of the Order Form sent by the Seller by email. The Order Form must be returned signed by the Customer to the Seller without delay.

Any order placed validated by the Customer and confirmed by the Seller, under the conditions and according to the terms and conditions described above on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the Site.

The Seller is not intended to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs.

The Seller therefore reserves the right to refuse orders for the same Product in large quantities and exceeding the limit of available stocks.

5.2. Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5.3. Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except exercise of the right of withdrawal or case of force majeure.

Article 6 – RATES

Motorcycle Vehicles are sold at the rates in force on the Site, when the order is registered by the Seller. Prices are expressed in Euros, HT and TTC.

The rates take into account any reductions that may be granted by the Seller on the Site.

These rates are firm and non-revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

The price of the Motorcycle Vehicle as appearing on the PLANETE JMS MOTOS Order Form sent to the Customer is inclusive of VAT and includes in detail:

- The price of the motorcycle vehicle described with its standard equipment;

- The options described on the Order Form;

- The formality costs which amount to one hundred and fifty (150) euros all taxes included, including in particular the management of administrative procedures, the preparation of the vehicle, the provisional registration card (if applicable), the provisional plates and the provision of the vehicle;

- Any delivery costs if the Customer wishes a place of delivery different from the place of the dealership or any costs of transport to home, the amount of which varies according to the weight of the vehicle as well as the place of delivery if the Customer wishes a home delivery;

- The possible bonus or malus related to CO² emissions.

The cost of the final registration document depends on the tax power of the Vehicle, the co² emission level of the Vehicle and the Customer's place of residence. Its amount will be paid by the Customer, in addition to the Price stipulated in the Order Form.

Article 7 – TERMS OF PAYMENT

The price is payable in cash, in full on the day of the order, by credit cards: Credit Card, Visa, MasterCard, American Express, or other credit cards.

Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

Payment data is processed securely and is immediately encrypted. 

Payments made by the Customer will only be considered final after the Seller has actually collected the sums due.

In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Customer.

No additional costs higher than the costs incurred by the Seller for the use of a means of payment may not be charged to the Customer.

Upon acceptance of the Purchase Order, the Customer undertakes to pay to PLANETE JMS MOTOS, according to the terms stipulated in the Order Form, a deposit of a minimum amount of five hundred (500) euros, payable by credit card or check. The payment of the balance due will be made exclusively:

- Either by certified cashier's check when the Motorcycle Vehicle is made available and made payable to "PLANETE JMS MOTOS" only if it is delivered to the dealership;

- Either by bank transfer, which must appear on the bank account of PLANETE JMS MOTOS at the latest the day before the delivery of the Motorcycle Vehicle by the Customer and in the case of home delivery no later than four (4) days before delivery.

Article 8 – DELIVERIES

The delivery of the Motorcycle Vehicle may be made, according to the Customer's choice, in the PLANETE JMS MOTOS dealership or to the customer's chosen address provided that it is located in Metropolitan France outside Corsica and islands. 

The delivery time of the Motorcycle Vehicle is indicated on the Order Form, and this period alone commits PLANETE JMS MOTOS. In accordance with the provisions of Article L.216-2 of the Consumer Code, except in cases of force majeure, in the event of a breach of the delivery obligation within the period provided for in the Order Form, the Customer may immediately terminate the contract when the Seller refuses to deliver the Motorcycle Vehicle or when he does not perform his delivery obligation at the end of the period. The contract is considered terminated upon receipt by the Seller of the letter or writing informing it of such termination, unless the Seller has performed within this period. 

The Customer may immediately terminate the contract when the Seller refuses to deliver the Motorcycle Vehicle or when it does not perform its obligation to deliver the Motorcycle Vehicle at the end of the period provided for in the Order Form and this period constitutes for the Customer an essential condition of the contract. This essential condition results from an express request of the Customer before the conclusion of the contract. 

When the contract is terminated under the conditions provided for in the preceding paragraph, the Seller reimburses the Customer for all sums paid, at the latest within seven (7) working days following the date on which the contract was terminated.

If the Customer cancels his order before the delivery date at the latest, the deposit paid will be definitively acquired by the Seller, unless the Customer can state a just reason, in which case the Seller may at its discretion waive its right to keep the deposit. 

8.1. Methods of making motorcycle Vehicles available

When the Motorcycle Vehicle is ready to be made available to the Customer, PLANETE JMS MOTOS informs the Customer by contacting him directly by telephone and sending him an electronic message.

Without a response from the Customer within eight (8) calendar days from the call or the aforementioned electronic message, the Seller will inform the Customer by registered letter with acknowledgment of receipt of the provision of the Motorcycle Vehicle.

Except in cases of force majeure, the Customer undertakes to take delivery of the Motorcycle Vehicle within eight (8) calendar days following the date of receipt of the aforementioned registered letter. After this period, and cumulatively:

1) The order will be terminated and the deposit paid to the Seller will remain definitively acquired by the latter as compensation, increased by interest calculated at the legal rate and which will begin to run at the end of a period of three (3) months from the payment of the deposit;

2) Unless previously agreed by the parties, the Seller may invoice the Customer with custody fees up to ten (10) euros including VAT per day, from the receipt by the Customer of the aforementioned RAR mail informing him of the availability of the Vehicle and until the termination of the contract.

8.2. Vehicle registration

PLANETE JMS MOTOS is responsible for obtaining the final registration of the Motorcycle Vehicle. The registration costs of the Motorcycle Vehicle are the responsibility of the Customer. 

Article 9 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK

The transfer of ownership of the Seller's motorcycle Vehicle(s), to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

Except when the Customer uses a carrier he has chosen himself, independent of the Seller, in which case the transfer of risk is made at the time of delivery of the products ordered by the Seller to the carrier chosen by the Customer, regardless of the date of the transfer of ownership of the Products and / or Motorcycle Vehicles, the transfer of the risks of loss and deterioration relating thereto, will only be carried out at the time when the Customer takes physical possession of the Motorcycle Vehicle(s). Motorcycle Vehicles therefore travel at the Seller's own risk.

Article 10 – RETURN OF A SECOND-HAND VEHICLE

In the event of a promise to take back a used motorcycle Vehicle related to the sale of a new motorcycle Vehicle, the completion of this return will be subject to the delivery of a new Vehicle. The Customer then undertakes to deliver the used vehicle to the Seller.

In the event of cancellation or termination of the contract, the return of the Motorcycle Vehicle will be purely and simply canceled and the Motorcycle Vehicle returned to the Customer. If the used motorcycle Vehicle has not been the subject of any restoration by PLANETE JMS MOTOS, it will be returned to the Customer as it was at the time of its delivery.

If the used motorcycle Vehicle has been refurbished by the Seller, the costs incurred by the latter will be reimbursed by the Customer if the termination is attributable to him, or will remain the responsibility of the Seller if the termination is attributable to this establishment.

In the event that the Customer's previous vehicle is the subject of a takeover by the Seller, any repair costs relating to the vehicle, which would have occurred after the expert appraisal made by the Seller, will be deducted from the price of the return.

The registration document of the vehicle taken back must be in the name of the Customer. The vehicle must be in working order on the day of delivery (it must drive on its own).

To validate the transaction, the Customer must send PLANETE JMS MOTOS the following elements:

- Vehicle maintenance log;

- Vehicle registration document;

- Duplicate of the vehicle keys; 

- Identity card of the owner of the vehicle;

- Proof of address of the owner of the vehicle less than one (1) month old;

- Certificate of non-pledge.

The Customer must sign the certificates of assignment and non-pledge to validate the transaction.

The Customer undertakes to allow PLANETE JMS MOTOS to carry out any useful check on the vehicle, its complete inspection and a possible test on the road. If the vehicle proves to be non-compliant after inspection, the Seller has the possibility to refuse the return of the used vehicle. 

Article 11 – RIGHT OF WITHDRAWAL

For Contracts concluded at a distance, the Customer has a withdrawal period of fourteen (14) calendar days from the delivery of the Vehicle.

The Customer may exercise his right of withdrawal by sending PLANETE JMS MOTOS a letter unambiguously expressing his desire to withdraw and containing the elements allowing to identify him (surname, first name, address, number of the Order Form). He may use for this purpose the withdrawal form attached to these general conditions of sale, which he will send to the following address: 

PLANET JMS MOTORCYCLES

1bis, route de Morières 

84000 AVIGNON

The Customer must be able to prove that he has exercised his right of withdrawal. The Customer may only exercise his right of withdrawal on condition that all the documents, in particular legal documents, accompanying the Vehicle are returned at the latest at the same time as the delivery of the Vehicle.

The costs resulting from the return of the Vehicle are the responsibility of the Customer.

The Customer must return the Vehicle to PLANETE JMS MOTOS without delay and at the latest within fifteen (15) calendar days following the communication of his decision to withdraw.

As soon as the Customer has exercised his right of withdrawal within the time limit and according to the conditions described above, the Seller undertakes, as soon as the Vehicle has been returned to him or as soon as the Customer has provided proof of shipment of the Vehicle, to reimburse the Customer, for the sums paid, including delivery costs within seven (7) days.

In any case, the costs of restoring the returned Vehicle - if it has been damaged and / or damaged - will be borne by the Customer. In addition, if the number of kilometers traveled since delivery exceeds three hundred (300) km, the Customer must compensate PLANETE JMS MOTOS, for each kilometer traveled beyond the said threshold of three hundred (300) km, up to two (2) euros TTC per kilometer.

Article 12 – LIABILITY OF THE SELLER – GUARANTEE

The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses. 

12.1. Legal guarantees 

The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:

- the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order,

- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use,

under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

It is recalled that within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the good to act against the Seller;

- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; 

- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product, except for second-hand goods, the period of which is extended to six months (art. L 217-7 of the Consumer Code).

The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects Product in accordance with Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of eight (8) days from the delivery of the Products or the discovery of hidden defects within the deadlines referred to above and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions...).

The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Refunds of Products deemed non-compliant or defective will be made as soon as possible and at the latest within fifteen (15) days following the seller's finding of the lack of conformity or hidden defect.

The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller cannot be held liable in the following cases: 

- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,

- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.

12.2. Contractual guarantee

The Products purchased on the Site may benefit, in addition to the legal guarantees of conformity and hidden defects, from a paid contractual guarantee as indicated in the description of each Product concerned, according to the terms, conditions and rates annexed to these General Terms and Conditions of Sale (Warranty Contract).

If applicable, the Product acquired also benefits from a manufacturer's commercial warranty (refer to the conditions of the manufacturer's warranty, which may be provided in the packaging of said Product).

12.3. Commercial guarantee

All new motorcycle Vehicles are guaranteed by the manufacturer's warranty, and when it is still valid for used motorcycle Vehicles, that is to say within a period of two (2) years or more, running from the first registration of the Vehicle (the exact duration of the manufacturer's warranty is specified in the Order Form), and in any case for all "0 km" Vehicles.

The content, scope and methods of implementation of the warranty are specified either in the manufacturer's warranty booklet supplied with the Motorcycle Vehicles delivered by PLANETE JMS MOTOS, or on the manufacturer's website or in its network.

The Customer is informed that he also benefits from recall actions during security operations at the dealer of the brand closest to him.

Under no circumstances may the Customer claim a recourse against the company PLANETE JMS MOTOS in the event of misuse or non-compliance by the Customer with the manufacturer's instructions in the application of the warranty.

In accordance with the decree of 26 May 2014, the application of the manufacturer's warranty is not conditional on the performance of repair and maintenance services not covered by this warranty, by a network repairer approved by the manufacturer.

When the Customer requests, during the course of the manufacturer's warranty or the warranty offered by PLANETE JMS MOTOS, a restoration covered by one of these guarantees, any period of immobilization of at least seven (7) days is added to the duration of the warranty that remained to run. This period runs from the Customer's request for intervention or the provision for repair of the Vehicle in question, if this provision is subsequent to the request for intervention.

Article 13 – PROTECTION OF PERSONAL DATA

The personal data collected from the Customer are subject to computer processing carried out by the Seller. They are recorded in its Customers file and are essential to carry out the sale of motorcycle vehicles. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of the contract and any applicable guarantees.

The data controller is the Seller. Access to personal data will be strictly limited to employees of the controller, who are entitled to process them due to their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the customer's authorization being necessary. As part of the performance of their services, third parties have only limited access to the data and are obliged to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Except in the cases set out above, the Seller is prohibited from selling, renting, assigning or giving access to third parties to the data without the prior consent of the Customer, unless compelled to do so for a legitimate reason. If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data will be specified.

In accordance with the applicable regulations, the Customer has a right of access, interrogation, rectification, erasure, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights that he can exercise by contacting the controller at the following postal or email address: 

« SAS PLANETE JMS MOTOS

Mrs Noëlla SALARIS

1 Bis Route Morières

Route de Lyon 

84000 AVIGNON

Noella.salaris@jmsmotos.fr".

If the Customer considers, after contacting the Seller, that his rights "Informatique et Libertés" are not respected, he may send a complaint to the CNIL.

Article 14 – INTELLECTUAL PROPERTY

The content of the Site www.jmsmotos.shop is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

Article 15 – UNFORESEEABILITY

In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its counterparty.

Article 16 – FORCE MAJEURE

The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

Article 17 – APPLICABLE LAW – LANGUAGE

These General Terms and Conditions of Sale and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

Article 18 – DISPUTES

In the event of a dispute between the Parties, they will endeavor to resolve it amicably.

In the absence of an amicable agreement and before possibly referring the matter to the competent judicial courts, the Consumer Customer has the possibility of seizing free of charge, in application of the provisions of Article L612-1 of the Consumer Code, a mediator whose contact details are as follows:

Ombudsman of the National Council of Automotive Professions (CNPA)

60 Chemin Fontanille – BP 21266

84911 AVIGNON Cedex 9

The Consumer Client remains free to accept or refuse the use of mediation, and in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator. 

Article 19 – PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE CUSTOMER

The Customer acknowledges having had communication, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the Consumer Code, and in particular the following information:

- the essential characteristics of the Product;

- the price of the Products and ancillary costs (delivery for example);

- in the absence of immediate performance of the contract, the date or period at which the Seller undertakes to deliver the Product;

- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if it is not apparent from the context;

- information relating to legal and contractual guarantees and their implementation methods;

- the functionalities of the digital content and, where appropriate, its interoperability;

- the possibility of resorting to conventional mediation in the event of a dispute.

The fact that a natural or legal person orders on the Site implies full acceptance and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.

ANNEX I - PROVISIONS RELATING TO LEGAL GUARANTEES

Article L.217-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility.

Article L.217-5 of the Consumer Code

To be in conformity with the contract, the property must: 

- Be fit for the use usually expected of a similar good and, if applicable: 

o correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;

o present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L.217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L.217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. That period shall run from the date of the buyer's request for intervention or from the making available for repair of the goods in question, if such making available is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

ANNEX II - WITHDRAWAL FORM

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the PLANETEJMSMOTOS Website (www.jmsmotos.shop) except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of SAS PLANET JMS MOTOS, 1bis route de Morières – 84000 AVIGNON

- Command ______/_____________

- Order number: ...........................................................

- Name of the Client: ..............................................................

- Address of the Customer: ......................................................................

....................................................................................................

Signature of the Customer (only in case of notification of this form on paper):

ANNEX III - WARRANTY CONTRACT