These terms and conditions of sale (TCS) apply fully to any order placed on www.motomeca.com or through SAS MOTOMECA France.

www.motomeca.com belongs to SAS MOTOMECA France

• 200 RUE DE LA CROIX NIVERT, 75015 PARIS France
• SAS with a capital of €20,000.00
• RCS number: Paris B 940896038
• APE: 4791A
• Intra-community VAT number: FR57940896038
• SIRET number: 94089603800012

Any transaction made with www.motomeca.com, the owner of the site, will be exclusively governed by the terms and conditions of sale detailed below.

Contact / Customer Service: contact@motomeca.com

The website www.motomeca.com is governed by SAS MOTOMECA France. These Terms and Conditions of Sale apply only to online sales made from www.motomeca.com.

ARTICLE 1 - SCOPE AND AMENDMENT OF THE TERMS AND CONDITIONS OF SALE

Welcome to the website www.motomeca.com, a site for selling equipment and accessories for motorcycles and bikers. We invite you to read carefully these terms of use and the terms and conditions of sale (hereinafter referred to as "TOU / TCS") as well as our personal data protection policy in order to navigate and order on our website.

The user, an individual, whether a customer or not, is informed that they are bound by these terms. The use of the services of our site, as well as any order implies the prior, full and complete acceptance of these TOU / TCS and our personal data protection policy which you acknowledge having read.

These terms and conditions of sale apply to all uses of the site and orders placed on the website www.motomeca.com. MOTOMECA reserves the right to adapt or modify these terms and conditions of sale at any time. In case of modification, the TOU / TCS in force on the day of the order will apply to each order. MOTOMECA retains these TOU / TCS for safe and durable storage, allowing them to be invoked at any time during the execution of the contract if necessary.

ARTICLE 2 - ACCESS CONDITIONS

These TOU / TCS are intended to define the rights and obligations of the parties and the conditions applicable to any visit and / or purchase made through the MOTOMECA merchant site, www.motomeca.com, whether the buyer is a professional or an individual.

These TOU / TCS therefore constitute a contract between the company MOTOMECA and the user / client.

The site is accessible free of charge to any user with Internet access. The user is responsible for their computer equipment as well as their Internet access. All costs related to access to the site remain the responsibility of the user / client.

The user can only access their account after identification using their username and password. The user is required to keep their username / password confidential and must not disclose them to a third party.

The company MOTOMECA will make every effort to ensure access to the site 24/7, but cannot be held responsible for any problem or malfunction of the site that would prevent any access to the site and/or the various services offered by MOTOMECA. MOTOMECA will do its best to resolve any problem as quickly as possible.

By creating an account on our site www.motomeca.com, the user accesses and benefits from the following services / offers:

• Being informed of MOTOMECA news (promotional offers, order tracking, etc.) if the user subscribes to the newsletter
• Place an order, manage a return / exchange (according to the TOU / TCS of the seller which will prevail those of MOTOMECA)

By creating an account, the user accepts these TOU / TCS and our personal data protection policy. The creation of an account on the site www.motomeca.com is reserved for any individual at least 18 years old. Each user can only create one account.

Access to services includes subscribing to MOTOMECA newsletters. The identified user has the possibility to adjust the information they wish to receive or to unsubscribe by clicking on the link provided for this purpose at the bottom of each newsletter. This link is accessible on the site in the "My Account" section.

All fields in the account creation form must be filled out except for those marked as optional. Any lack of response will result in the account not being created. All information provided by the user must be accurate.

When the user creates an account on the site, they receive a confirmation email of account creation the same day. MOTOMECA reserves the right to delete any account that does not comply with these contractual conditions.

ARTICLE 3 - USE OF THE SITE

The Products/services are presented on the site with a description enabling the buyer to know their essential characteristics and their price.

The buyer selects the product(s)/service(s) they wish to purchase.

They confirm their choice of product(s)/service(s) and acknowledge and accept these Marketplace TCS by creating their account.

The buyer receives an email confirming the receipt of their order.

The Seller is informed by MOTOMECA that one or more of the Products they have listed on the Marketplace have been ordered by a buyer.

The Seller agrees to confirm the order(s) of the Buyer within three working days. In the absence of confirmation of the order within three working days, the contract concluded between the Buyer and the Seller may be canceled if the buyer requests it from the Seller, in which case each party is released from their obligations. In particular, the Buyer is assured that their bank account will not be debited or that they will be refunded.

The seller agrees to ship the product within seventy-two hours (unless another time frame is indicated in the product description). The product will be deemed to have been received within thirty days from the date of shipment.

The offers of products and prices are valid as long as they are mentioned on www.motomeca.com as available in the respective stores (sellers).

Recording and processing of pre-orders:
For any order on MOTOMECA, the client will have the option to pick up the product at the seller’s point of sale, if available, or to have it delivered to the address specified during the confirmation of their "Cart".

After the client’s payment, they will receive a confirmation email with various information as well as the contact details of the chosen merchants for the said order.

Order confirmation and preparation:
The merchant will confirm the receipt and preparation of your order by an email summarizing the products ordered.

ARTICLE 4 - ACCEPTANCE AND PROOF

The acceptance of the TOU / TCS is deemed to be acquired when the user navigates on the www.motomeca.com site and when the client clicks on the "order" button on the cart page. This constitutes an irrevocable and unconditional acceptance of the order by the client.

The computerized records, kept in the computer systems of the company MOTOMECA under optimal security conditions, will be considered as proof of communications, orders, and payments between the parties.

The client agrees to clearly indicate the address where delivery must be made during business hours. The client agrees to pay the indicated price of the item to be delivered, with delivery only being possible after receiving payment for the said order by www.motomeca.com

The client agrees to take responsibility for complying with the laws in force regarding the installation and use of the ordered equipment.

The client agrees to take all necessary insurance measures regarding the installation and use of the ordered equipment.

ARTICLE 5 - PRODUCT INFORMATION

www.motomeca.com presents on its website the products for sale and the necessary characteristics in accordance with article L 111-1 of the Consumer Code, allowing the user/client to know before the final order the essential characteristics of the products they wish to purchase.

ARTICLE 6 - RIGHT OF WITHDRAWAL, EXCHANGE, AND REFUND TERMS

The client has, in accordance with the law, a withdrawal period of 14 (fourteen) days from the delivery of the products (and in the case of multiple orders with deliveries in several installments, from the receipt of the last product) and can return them for exchange or refund.

Returns must be made in their original condition and complete (accessories, instructions...) allowing them to be remarketed as new, and, if possible, accompanied by a copy of the purchase invoice for optimized management. In case of depreciation of the product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the product, your liability may be engaged.

For original spare parts for motorcycles, scooters, or quads, a depreciation equivalent to that of the manufacturer brands may be applied by the merchants (who report it).

You can exercise your right of withdrawal by any means to MOTOMECA, including by postal mail or email (contact@motomeca.com or directly to the merchant through the contact form) expressing your desire to withdraw without ambiguity, and mentioning the order concerned by this withdrawal.

If the client wishes to cancel an already received order, the client agrees to return this order at their expense to the seller's address (concerned merchant).

If the order was shipped for free (order over 99€ per merchant), in the case of a refund request, the shipping costs that should have applied will be deducted from the refund made to you. (Example: For an order of 250€, the refunded amount will be 244€ if the shipping costs that you benefited from for free were 6 €). We must proceed this way due to numerous abuses and acts of malice reported by our merchants.

Products excluded from the right of withdrawal:
For hygiene and safety reasons, the client cannot exercise their right of withdrawal for the following items: socks, underwear.

Returning the correct product:
The client must imperatively return the product purchased on the www.motomeca.com site for which they exercised their right of withdrawal. If the client does not return the correct product, MOTOMECA will send them an email inviting them to retrieve it at their expense within two months from the date of the email.

After this period, MOTOMECA will consider itself the owner under article 2276, paragraph 1 of the Civil Code, which states: "In terms of movable property, possession is as good as title." and reserves the right to destroy the item. MOTOMECA cannot be held responsible for this destruction.

Moreover, if the item subject to the right of withdrawal is not returned, MOTOMECA reserves the right to file a complaint for breach of trust (article 314-1, paragraph 2 states: "breach of trust is punishable by three years of imprisonment and a fine of 375,000 euros").

ARTICLE 7 - SPECIFIC PROVISIONS

Client Responsibilities:
The client is solely responsible for direct and indirect damages, and violations committed, caused by the purchase and/or use of items purchased on www.motomeca.com or any other website or distributor marketing in any way items provided through www.motomeca.com.

ARTICLE 8 - PRICES

The total price indicated when ordering through www.motomeca.com is the final price.

Prices are indicated in euros (EUR). Payment for items is made in euros (EUR) only by credit card via Stripe. Payments by check are not accepted.

ARTICLE 9 - PAYMENT METHODS

The client can pay for their order using one of the following payment cards:

• VISA
• MasterCard
• American Express
• Other Blue Cards

In the case of payment by credit card, the client's bank account will be debited upon validation of the order. The client's credit card details are encrypted using the SSL3D Secure protocol (Secure Socket Layer) and never transit in clear text on the network. Payment is made directly to the bank. MOTOMECA does not have access to these details and does not store them on its servers. Therefore, they are requested again for each new transaction on our site.

To ensure maximum security, we may ask you to provide proof of your identity and address. This process is carried out to protect you from fraudulent transactions, which you could be a victim of if a malicious person obtained your banking information.

Through these proofs, we guarantee better security by ensuring that you are indeed the owner of the used payment method. This request for identity/address proofs must be responded to by the client within two days of the request made by MOTOMECA. If the client does not respond within this period, MOTOMECA reserves the right to automatically cancel the concerned order, without any possibility of subsequent claim.

ARTICLE 10 - WARRANTY

All items sold directly by MOTOMECA on the www.motomeca.com site benefit from a legal warranty of conformity (L211-1 of the Consumer Code) and a warranty against hidden defects (articles 1641 and following of the Civil Code) allowing the return of defective delivered items. This also applies to items sold by merchants who commit to respecting the warranties.

The client has two years to claim one or the other of these warranties. For conformity defects, the period starts from delivery. For hidden defects, the period starts from the discovery of the defect.

MOTOMECA and the merchants cannot be held responsible for the misuse and/or intensive use of the items by the client. Likewise, MOTOMECA and the merchants cannot be held responsible for the return of a product not sold on the site by the client. It is the client's responsibility to return the correct product.

MOTOMECA does not offer a commercial warranty.

Article L211-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is responsible for any conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when the contract makes them responsible or when it has been carried out under their responsibility.

Article L211-5 of the Consumer Code
To be in conformity with the contract, the goods must:
Be suitable for the purpose usually expected of similar goods and, where applicable:

• Match the description given by the seller and have the qualities presented to the buyer in the form of a sample or model;
• Have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
• Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code
The seller is liable for hidden defects in the item sold that render it unfit for the use for which it was intended, or that so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known about them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects (hidden defects) must be brought by the buyer within two years from the discovery of the defect. A copy or photocopy of the document bearing the reservations must be sent to www.motomeca.com (email or mail) no later than twenty-four (24) hours after making the reservations.
If the above procedure has been followed, and if the claim is proven valid, due to the package and items being damaged, www.motomeca.com or the merchant reserves the right either to refund the price paid by the client or to make a new delivery of the ordered item.
If the delivery is not quantitatively or qualitatively compliant with the order, and if the client wishes to keep the received items, www.motomeca.com or the merchant agrees to refund only the possible price difference between the ordered and delivered products, only if the delivered products are of lower price than those ordered and paid.
The ordered item will be either exchanged or refunded as soon as possible.

ARTICLE 11 - MEDIATION

In case of a dispute concerning the application of these terms of sale, the competent jurisdiction is the District Court up to €10,000 and the High Court beyond that for individuals. For professionals, the competent jurisdiction is the Commercial Court.

The consumer can choose to bring the case either before one of the territorially competent courts under the Code of Civil Procedure, or the court of the place where they lived at the time the contract was concluded or the occurrence of the harmful event (Article R 631-3 of the Consumer Code).

According to articles L 611-1 and following of the Consumer Code, the client has the right to resort free of charge (except for any attorney and expert fees) to a consumer mediator to resolve amicably a dispute with MOTOMECA or the merchant.

After prior written steps taken by clients towards MOTOMECA or the merchant, the mediator's service can be contacted for any consumer dispute whose resolution has not been successful.

Since February 2016, the online dispute resolution platform of the European Commission is open to the public. Any client who encounters a dispute with a business located in the territory of the European Union has the possibility to file a mediation request via this European platform accessible here: submit a mediation request.

ARTICLE 12 - DELIVERY PROBLEMS DUE TO THE CARRIER

Upon receipt of the package, the consumer must check its condition in the presence of the delivery person (or in the presence of the staff for deliveries at a MOTOMECA or merchant's point of sale).

If the consumer finds that the package is damaged, incomplete, or has been opened, they must refuse the package. MOTOMECA or the merchant will then handle the dispute resolution with the carrier.

Any anomaly concerning the items (damage, missing item compared to the order form, damaged or opened package, broken item...) must be reported within 48 hours of delivery by sending a letter explaining the claims to MOTOMECA or the merchant (postmark as proof), or by email to contact@motomeca.com.

ARTICLE 13 - DELIVERY ERRORS

Once the package is received, the client must check the conformity of their order. Any claim of delivery error and/or non-conformity of products must be addressed to the merchant on the day of delivery or at the latest within 48 working hours following delivery.

Two scenarios may occur with the consumer:

• One of the products received does not match the indications on the order form present in the Customer Account (reference error). The client must contact MOTOMECA or the merchant. MOTOMECA or the merchant will cover the return costs and will send the correct reference to the client as soon as possible.
• One of the products is missing: the consumer must send their claim to MOTOMECA or the merchant. After verification, MOTOMECA or the merchant will send the missing product to the client at their expense if there was indeed an omission on their part. In the case where our verifications justify that the product was indeed sent to the client, no refund or resend request will be processed by MOTOMECA or the merchant.

ARTICLE 14 - SHIPPING FEES AND FREE DELIVERY

All products sold on www.motomeca.com come from the stocks or independent merchants. The user will therefore have to pay shipping fees for each seller present in the cart. Shipping fees are offered by our merchants for purchases over €99 including tax. This free shipping is applicable for purchases over €99 including tax per merchant.

→ Practical cases: 1 order, 2 different sellers.
The user adds products from 2 different sellers. A total per seller is then calculated. If the total for one seller is greater than €99 including tax, then the shipping fees are offered for this merchant. If it is less than €99 including tax, then shipping fees apply.
The user must pay the shipping fees for each merchant whose total does not reach €99 including tax.
In any case, in accordance with legal provisions, in the event of a delivery delay, you have the possibility to terminate the contract under the conditions and modalities defined in Article L 216-2 of the Consumer Code.
In this case, if you have received the product, after your cancellation, we will proceed to refund the product and the "outbound" shipping costs under the conditions of Article L 216-3 of the Consumer Code.

→ Pickup in store if it exists: ALWAYS FREE
The user can pick up the products ordered on www.motomeca.com directly from the merchant.
Orders can be picked up the same day for any order placed before 3 pm, if the product is actually available.
The order is to be picked up only from the seller.

→ Delivery to Colissimo pickup points and post offices for France:
We deliver to the pickup point of your choice (near your home, workplace, or vacation spot).
The list of pickup points and post offices is available during the step of selecting your pickup point or on the Colissimo website: https://localiser.laposte.fr/
You are automatically notified by email or SMS of the arrival of your package in the chosen pickup point. You can collect your package during the pickup point's opening hours (these hours are reminded in your order confirmation email). Your package will be handed over against signature and after presenting an ID.
Given the size and/or weight of certain items, delivery to pickup points may not be offered when you place your order.
It is preferable to indicate your mobile number when creating your delivery address, you will receive an SMS as soon as your package is available at your merchant.

Delivery times:
Your package is delivered to the pickup point of your choice within 2 to 3 working days for mainland France. You have 6 working days to collect your package after it has been received by the pickup point. After this period, it will be returned to the sender.

Calculation of shipping fees:

Merchant cart total	< €99	≥ €99
Home delivery	Depending on the carrier selected and the recipient's country/region	FREE
Pickup point	Depending on the carrier selected and the recipient's country/region	FREE
Store pickup if it exists	ALWAYS FREE	ALWAYS FREE

Additional and customs fees
For orders deliverable outside the EEC, customs and VAT fees may be required upon receipt of the order by the client. www.motomeca.com does not participate in the payment of such fees.

ARTICLE 15 - DATA PROTECTION

The information requested from the client is necessary for processing their order.