1. Purpose and scope

These General Terms and Conditions of Sale (the "GTC") govern sales of products made by FCR ORIGINAL (hereinafter "FCR") via the website fcr-accessoires.com (the "Site") to any purchaser (the "Customer").

They distinguish two categories of Customer:

• the consumer Customer: any natural person acting for purposes outside their commercial, industrial, craft or professional activity;
• the trade Customer: any natural or legal person acting for purposes within their professional activity, in particular via the "PRO Area".

Clauses specific to trade Customers are shown in a dedicated box. Unless otherwise stated, the clauses apply to all Customers.

Any order implies full acceptance of these GTC in the version in force on the date of the order. FCR reserves the right to amend them at any time; the applicable version is the one accepted by the Customer when placing the order. The GTC are available at fcr-accessoires.com/cgv.

This document is a translation of the French General Terms and Conditions of Sale. In the event of any discrepancy or difference of interpretation, the French version prevails. These GTC are governed by French law.

2. Seller identification

FCR ORIGINAL
ZA du Planty, 26 rue du Planty, 86300 Chauvigny, France
SIRET: 534 206 214 00015, Intra-EU VAT: FR77 534 206 214, RCS Poitiers: 534 206 214
Phone: +33 5 49 62 03 26, E-mail: accessories@fcroriginal.com

Information about the Site's host and the publication director is set out in the Legal Notice.

3. Products, compliance and compatibility

3.1. Description

Products are described and presented on their pages with their essential characteristics, which are contractually binding. Photographs and illustrations are provided for guidance only; as the products are handcrafted, slight variations in shade, finish or appearance may occur and do not constitute a defect of conformity.

3.2. Compatibility and installation

Products are designed for specific motorcycle models. It is the Customer's responsibility to check the compatibility of the product with their vehicle (make, model, year, version) before ordering, in particular using the model selector and the information on the product page. In case of doubt, the Customer is invited to contact FCR before purchasing.

FCR recommends that installation be carried out by a qualified professional. FCR cannot be held liable for damage resulting from installation that does not comply with the instructions provided or carried out by the Customer, nor for the choice of an incompatible product that the Customer failed to verify.

3.3. Road approval

Except for products expressly identified as non-approved, products comply with the French regulations in force. It is the Customer's responsibility to check the legislation applicable in their country of residence and use.

Some parts may not be approved for use on public roads: they are identified as such and are intended exclusively for use off public roads (track) or during events whose rules permit it. The Customer is informed of this on the product page.

4. Personalised and made-to-measure orders

4.1. Definition

"Personalised order" or "made-to-measure product" means any product designed, developed, machined, adapted or assembled according to the Customer's own specifications (dimensions, finishes, colours, kit or set composed at their request, non-catalogue part, etc.). Such orders involve specific development and are treated as special orders, distinct from standard catalogue products.

4.2. Validation of specifications

Where the order is placed on the basis of a quotation, production is only started after written validation of the specifications by the Customer (signature of the quotation or agreement by e-mail). This validation constitutes definitive acceptance of the agreed characteristics; any subsequent modification is subject to FCR's express agreement and may entail additional cost and time.

4.3. Production times

Because of the specific development they require, personalised orders or orders involving complex development are completed within a timeframe given for guidance only (estimative). Given the phases of design, prototyping, sourcing of materials and handcrafted manufacturing involved, this timeframe cannot be guaranteed. FCR undertakes to keep the Customer informed of the progress of their order and of any revised estimated timeframe. Delays inherent in this specific development do not constitute a breach by FCR and may not give rise to any penalty, indemnity or damages, provided that FCR keeps the Customer informed of the progress of their order.

4.4. Firm nature of the order

The personalised order is firm and final as from its payment (in full or by deposit according to the quotation). Sums paid in respect of a personalised order constitute a deposit (acompte) reflecting the firm commitment of the parties (and not "arrhes" within the meaning of article 1590 of the French Civil Code). If the Customer cancels after development or production has started, these sums remain acquired by FCR up to the amount of the work, supplies and costs already incurred.

4.5. No right of withdrawal

In accordance with article L221-28, 3° of the French Consumer Code, products made to the Customer's specifications or clearly personalised are excluded from the right of withdrawal. The Customer is informed of this before validating their order.

4.6. No return or exchange

Once manufactured, personalised products may not be returned, exchanged or refunded, without prejudice to the application of the legal guarantees (article 10).

5. Order

5.1. Process

The order is deemed firm after acceptance of payment. A confirmation e-mail is sent to the Customer after validation of the order, then a second one upon shipment. The Customer undertakes to provide accurate information; FCR cannot be held liable for the consequences of incorrect information provided by the Customer.

5.2. Availability and refusal

Product availability is indicated at the time of ordering. In the event of unavailability, the Customer is informed by e-mail and may cancel the order concerned for a refund. FCR reserves the right to refuse or cancel any order for legitimate reasons (prior dispute, suspicion of fraud, obvious pricing error, etc.).

6. Prices

Prices are stated in euros. For the consumer Customer, they are inclusive of all taxes (TTC), excluding delivery costs, which are specified before validation of the order. Prices may be changed at any time, the applicable price being the one in force when the order is registered.

For any order shipped outside the European Union (United Kingdom, Switzerland, United States, Canada, etc.), customs duties, local taxes and/or administrative fees may be charged by the authorities of the destination country or by the carrier. These fees are borne by the Customer and are not included in the price or in the delivery costs.

7. Payment and retention of title

Payment is due upon order, by bank card or via the means offered on the Site. Transactions are secure. Products remain the property of FCR until full payment of the price; the transfer of risk nevertheless takes place in accordance with article 8.

8. Delivery and transfer of risk

8.1. Areas and times

FCR delivers to France, the European Union and internationally. For standard products, delivery times are indicated when ordering. In the event of late delivery, the consumer Customer may, after having instructed FCR to deliver within a reasonable additional period that has remained unsuccessful, cancel the order and obtain a refund in accordance with articles L216-6 et seq. of the French Consumer Code. Times for personalised orders are governed by article 4.3.

8.2. Transfer of risk

For the consumer Customer, the risk of loss of or damage to the products is transferred to the Customer when they take physical possession of the products. In the event of loss, theft or damage during transport, FCR replaces the products or issues a refund and, where applicable, handles the claim with the carrier itself.

The Customer is advised to check the condition of the parcel on delivery and to report any anomaly to the carrier and to FCR as soon as possible (ideally within 3 working days); this recommendation does not deprive the Customer of any of their rights.

9. Right of withdrawal and returns

The consumer Customer has 14 days from receipt of their order to exercise their right of withdrawal, without having to give reasons. They inform FCR of their decision by an unambiguous statement (e-mail to accessories@fcroriginal.com) or using the model form provided in the appendix.

The Customer then has 14 days to return the products, the return costs remaining at their expense. Products must be returned complete and in a condition allowing resale. The Customer may handle the products to verify their nature, characteristics and proper functioning; their liability may be incurred for any depreciation resulting from handling beyond what is necessary.

FCR refunds all sums paid, including the standard delivery costs initially paid, no later than 14 days after recovering the products or after proof of their dispatch by the Customer.

Exclusions. The right of withdrawal does not apply, in particular, to products made to the Customer's specifications or clearly personalised (article 4.5), in accordance with article L221-28 of the French Consumer Code.

10. Legal guarantees

Regardless of any commercial warranty, FCR remains liable to consumer Customers under the applicable legal guarantees.

To make use of these guarantees, the Customer is invited to keep their invoice and to contact FCR at accessories@fcroriginal.com.

11. Liability and road approval

FCR cannot be held liable for damage resulting from improper use of the products, incorrect installation, lack of maintenance, or use of an incompatible product that the Customer failed to verify.

As regards parts not approved for public-road use, their use on public roads is the sole responsibility of the Customer, who declares to have been informed of this and to make it their personal responsibility. FCR declines all liability for such use.

These limitations do not apply to damage resulting from a defective product under product liability (articles 1245 et seq. of the French Civil Code), nor to harm to the safety or health of persons, which cannot be excluded.

12. Intellectual property

All elements of the Site (texts, images, trademarks, logos, product visuals, designs) are the exclusive property of FCR or its partners. Any unauthorised reproduction or use is prohibited.

13. Personal data

Personal data collected for order management is processed securely. In accordance with the French Data Protection Act and the General Data Protection Regulation (GDPR), the Customer has the right of access, rectification, erasure, restriction, portability and objection. Such requests should be sent to contact@fcr-original.com. Details of processing are set out in the Privacy Policy.

14. Force majeure

FCR cannot be held liable for non-performance due to a case of force majeure within the meaning of article 1218 of the French Civil Code. The parties' obligations are suspended for the duration of the event. If it continues beyond three months, either party may terminate the contract without compensation.

15. Consumer mediation

In accordance with articles L611-1 et seq. of the French Consumer Code, the consumer Customer has the right to use, free of charge, a consumer mediator with a view to the amicable resolution of any dispute with FCR, after first sending a written complaint that has not received a satisfactory response.

Competent mediator: [Name of the consumer mediator, to be completed], [postal address and website, to be completed].

16. Governing law and disputes

These GTC are governed by French law. In the event of a dispute, an amicable solution will be sought as a priority. Failing this, the French courts have jurisdiction, subject, for the consumer Customer, to the legal rules of jurisdiction that are favourable to them.

17. General provisions

If any clause of these GTC is declared void or unenforceable, the other provisions retain their full validity. The fact that FCR does not rely on a clause does not constitute a waiver of that clause.