Terms of sale

Please read these terms and conditions carefully: they set out the terms and conditions of sale applicable when you place an order on the website [www.bering-moto.com](https://www.bering-moto.com)

Definitions

The terms below, used in these general terms of use and sale, whether in the plural or singular, shall have the following meaning:

  • Customer: any adult natural person, having the capacity to contract and having the status of consumer within the meaning of the French Consumer Code, who orders Products on the Website for non-professional purposes under the conditions defined below.
  • General Terms of Use and Sale or GTUS: these general terms applicable between the Seller and the Customer, which the Customer declares to accept when ordering Products, and which govern the use of the Website and the sale of Products.
  • Product: any product offered for sale by the Seller on the Website, in particular motorcycle helmets and associated visors as well as telecommunication accessories.
  • Website: the infrastructure accessible at [www.bering-moto.com](https://www.bering-moto.com) owned and operated by the Seller.
  • Seller: the company TROPHY, SAS, registered under SIREN number 538081860, registered under number 538 081 860 with the Versailles Trade and Companies Register, whose registered office is located at 1 avenue Eiffel, 78421, Carrières sur Seine, represented by its acting Legal Representative, Christophe Merkel, which publishes the Website and sells the Products.

Purpose and application of the general terms of use and sale

These General Terms of Use and Sale define the rights and obligations of the Seller and the Customer applicable to the use of the Website and the sale of Products, which the Customer accepts by checking the box provided for this purpose when ordering Products.

Any order placed via the Website by the Customer requires prior acceptance by the Customer of these GTUS as well as the pricing terms in effect on the day the order is accepted, which form an integral part thereof.

These GTUS are permanently accessible on the Website, in a digital format allowing printing and/or downloading, so that the Customer can reproduce or save them.

The Seller reserves the right to amend the GTUS. The new GTUS will be submitted to the Customer before any order.

Ordering products

The Products offered on the Website are intended solely for sale to individuals.

Creating an account: placing an order requires the Customer to create an account, at any time and at the latest when placing their order, by clicking on the button provided for this purpose.

The Customer must fill in the form with the requested information. The personal data provided by the Customer will be processed in accordance with the privacy policy available on the Website.

The Customer undertakes to provide accurate information. The provision of false information by the Customer resulting in the Seller being unable to fulfill its obligations, in particular the delivery of Products, shall not incur the Seller's liability as a result.

The account will be accessible using the login credentials (email address and password) chosen by the Customer at the time of registration or subsequently modified. The Customer acknowledges that their login credentials and password are strictly personal and confidential. They therefore undertake not to disclose or share them with third parties. For security reasons, the Customer is advised to choose a strong password in accordance with applicable standards (8 characters, with uppercase letters, lowercase letters, numbers, and special characters). In the event of suspected fraudulent use of their login credentials, the Customer is advised to inform the Seller immediately.

Product selection: in order to place an order via the Website, the Customer must select the Products they wish to purchase by adding them to the cart.

In accordance with Articles L.111-1 et seq. of the Consumer Code, the characteristics of the Products are detailed on the Website pages relating to each Product.

The Customer's attention is drawn to the fact that the cart's sole purpose is to list the Products chosen by the Customer and in no way makes them unavailable to other users. Products will only be reserved and the price updated at the time the order is confirmed.

Once the Product selection is complete, the Customer finalizes their order from the cart.

Ordering Products: the Customer will be redirected to the cart containing a summary of the selected Products, the price, and delivery costs. The Customer will be able to change the quantities of Products or remove a Product from the cart. They may finalize their order by clicking on the button provided for this purpose.

Unless already logged in, the Customer must create an account or log in if they already have one. The Customer must provide their address (delivery and billing address if different), may apply a promo code, choose their delivery method from those offered, and then proceed to payment by clicking on the button provided for this purpose.

The order will only become firm and final once the price has been paid. The Customer will receive a confirmation email containing the details of their order.

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

Product availability: the Seller undertakes to fulfill orders received only within the limits of available stock.

In the event of unavailability, in particular if the Product has become unavailable between the order and the collection of payment, the Seller will inform the Customer as soon as possible, indicating the expected supply time. At the Customer's request, the order may be cancelled for the missing Products with a refund.

Price and payment of price

Price: the price of the Products displayed on the Website is the price in effect and is expressed in euros, all taxes included. In addition to the price of the Products, delivery costs are added to each order, the amount of which is indicated in the cart and the order summary.

The sale prices of the Products are freely determined by the Seller and may be changed at any time. The applicable price will be the one in effect at the time of the order.

Payment: payment methods are indicated on the Website's payment page and when placing the order. The price is payable by credit card (CB, Visa, Mastercard), American Express, PayPal, Apple Pay.

The price is payable in full at the time of the order via the secure area of the institution responsible for collecting the price on the page provided for this purpose.

The Customer guarantees that they are fully authorized to use the payment method they are using and that they have sufficient funds to cover the costs of the order. Any bank fees related to payments by credit card will remain the responsibility of the Customer.

Delivery

Delivery: Products are marketed only to Customers whose delivery address is located in one of the following countries: France, Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Poland, Romania, Slovenia, Czech Republic, Sweden, Slovakia.

Delivery takes place within the timeframe indicated when ordering, namely, depending on the delivery method and location:

  • Standard home delivery: maximum 3 business days in France and maximum 5 days for other European Union countries;
  • Express delivery: maximum 48 business hours in France and maximum 4 days for other European Union countries;
  • Delivery to a pickup point: maximum 3 business days in France and maximum 5 days for other European Union countries.

Any delivery delay beyond the delivery deadline that is not due to a case of force majeure may result in the cancellation of the sale at the Customer's initiative by sending a registered letter with acknowledgment of receipt. In accordance with Article L216-6 of the Consumer Code, the sale will be considered cancelled upon receipt by the Seller of the Customer's letter informing them of their decision to cancel the sale, if delivery has not taken place in the meantime. In the event of cancellation, the Seller will refund the Customer the amounts paid as soon as possible and, at the latest, within 14 (fourteen) days of receiving the registered letter with acknowledgment of receipt.

In the event of non-delivery and/or return of the package due to a Customer error (for example, incorrect address, failure to collect the package from the post office), the Customer will be required to pay the associated costs (storage and/or re-shipping fees).

Receipt: if the package delivered by the carrier is in poor condition and/or Products are missing, the Customer is advised to refuse the package and to make express reservations on the delivery note so that the guarantee offered by the carrier can apply. The Customer must inform the Seller as soon as possible in writing so that the Seller can investigate with the carrier. The Customer's attention is drawn to the fact that accepting the package without reservations may in particular extinguish the Seller's recourse against the carrier.

Right of withdrawal

In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has a period of 30 (thirty) days to exercise their right of withdrawal and return, at their own expense, the Products they ordered for any reason whatsoever. This period runs from the day the Customer receives the Products, with the dated delivery slip serving as proof. The Customer may exercise their right of withdrawal by submitting a request to the Seller via the online form provided on the Website.

The Customer is asked to return the Products in their original packaging and wrapping, if possible accompanied by the Return Form certifying that these are indeed Products purchased via the Website.

The Product(s) will be returned to the Seller at the address indicated on the withdrawal form, within thirty (30) days of the date on which the Customer exercised their right of withdrawal. Costs and risks related to the return of Products are borne by the Customer.

After receiving and inspecting the Products, the Seller will refund the Customer the amount of the returned Products within a maximum of 14 (fourteen) days from receipt of the Products (or proof of shipment of the Products by the Customer), using the same payment method used by the Customer for the purchase of the Products, unless otherwise agreed in writing by the Customer and the Seller.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature and characteristics of the Products, the Seller may request that the Customer pay compensation corresponding to this depreciation.

Warranties

The Products offered comply with applicable legislation and standards in the countries where the Products are delivered.

In particular, the Products are approved and, in certain cases, may be classified as Personal Protective Equipment. The Products are sold and delivered with their user manual and applicable certificates of conformity.

In addition, the Customer is informed of the following in accordance with the law:

Consumers have a period of two years from delivery of the goods to invoke the legal guarantee of conformity in the event a defect of conformity appears. During this period, consumers are only required to establish the existence of the defect of conformity and not the date on which it appeared.

Where the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the period of supply provided for. During this period, consumers are only required to establish the existence of the defect of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal guarantee of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, at no cost and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.

If the consumer requests repair of the goods, but the seller imposes replacement instead, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

Consumers may obtain a reduction in the purchase price by keeping the goods or terminate the contract and obtain a full refund in exchange for returning the goods, if:

  1. The professional refuses to repair or replace the goods;
  2. The repair or replacement of the goods takes place after a period of thirty days;
  3. The repair or replacement of the goods causes a major inconvenience to the consumer, in particular when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
  4. The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

Consumers are also entitled to a price reduction or termination of the contract when the defect of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods.

Consumers are not entitled to termination of the sale if the defect of conformity is minor.

Any period during which the goods are unavailable for repair or replacement suspends the guarantee remaining until the repaired goods are delivered.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who acts in bad faith to obstruct the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

Consumers also benefit from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or a full refund in exchange for returning the goods.

In the event of a Product defect, the Customer must inform the Seller by reporting the defect found via the online form provided for this purpose, a link found at the bottom of the site's pages. The Customer will be asked to provide any relevant information, such as photographs of the Product showing the defect, an invoice (if the product was not purchased via [www.bering-moto.com](https://www.bering-moto.com)), and details of the defects.

Based on the information provided and as part of a valid guarantee claim, Customer Service will provide a prepaid shipping label and a service request to the customer.

Where possible, the Customer is asked to return the Product, together with any instructions, documentation, or accessories, in its original packaging or, failing that, in packaging providing equivalent protection for the Product, to the return address indicated on the prepaid shipping label provided by the Seller.

A 5-year commercial warranty may be granted to the Customer for certain Products. In this case, the terms of this commercial warranty will be indicated on the relevant Product page.

This guarantee applies without prejudice to the consumer's right to benefit from the legal guarantee of conformity and the guarantee relating to hidden defects, under the conditions set out in Articles 1641 to 1649 of the Civil Code referred to above.

Product safety and environment

Product safety

The Products comply with the requirements of Regulation (EU) 2023/988 of 10 May 2023 on general product safety and have undergone a rigorous risk assessment to ensure their safety under normal or reasonably foreseeable conditions of use.

Each Product is accompanied by clear and understandable instructions regarding its use, maintenance, and the precautions to be taken to ensure user safety. This information is provided in French and is available on the corresponding product page.

In accordance with Regulation (EU) 2023/988, information relating to the manufacturer, importer, or responsible authorized representative is available on the Product page / the Product's packaging / in the documentation provided.

If a Product is identified as posing a safety risk, the Seller undertakes to immediately inform the competent authorities and take all necessary measures, including withdrawal or recall of the Product. Affected customers will be informed without delay and will be offered an appropriate solution, such as repair, replacement, or refund of the product, in accordance with the provisions of Regulation (EU) 2023/988.

UIN number

In accordance with Article R.541-173 of the Environmental Code, the Unique Identification Number (UIN) is an alphanumeric identifier assigned to each producer for each Extended Producer Responsibility (EPR) scheme concerned. It enables authorities to monitor and control compliance with producers' obligations regarding waste prevention and management.

The Seller's UIN numbers are as follows:

  • FR252395_13WSJF
  • FR252395_05WZUT
  • FR252395_01YEIH
  • FR252395_06BKFY
  • FR252395_11PBED

Spare parts

The availability of spare parts (if applicable) is indicated on the Technical sheet / available in the documentation provided and on the product's web page.

Liability

Seller's liability: the Customer acknowledges and accepts that no one can guarantee the proper functioning of the internet as a whole.

The Seller has taken all necessary precautions to ensure that all Products have been correctly described. Nevertheless, although the Seller attempts to present accurate photographs of the Products on the Website, the colors seen by the Customer will depend on the computer screen used and display settings, and the Seller therefore cannot guarantee that the photographs correspond exactly to the Products (details, colors). Consequently, the photographs, information, and visuals of the Products presented on the Website are provided for guidance only.

The Seller's liability cannot be invoked in the event of failure to fulfill its obligations due to a case of force majeure, an unforeseeable or insurmountable act by a third party to the contract, or attributable to the Customer. The Seller's liability can only be invoked for direct damages in accordance with the Civil Code.

Hyperlinks present on the Website may lead to other websites, the consultation and/or use of which are governed by their own terms of use and are carried out under the respective responsibilities of the Customer and the publisher of said website.

Customer's liability: the computer resources (hardware, software) and means of communication enabling access to and use of the Website are the Customer's responsibility and at their own expense.

Intellectual property

In accordance with the laws governing literary and artistic property rights or other similar rights, the Website and all elements, trademarks, designs, models, logos, graphics, photographs, texts, etc. found on it, as well as their compilation, are the exclusive property of the Seller or the relevant intellectual property rights holder, who grant no license or any right other than that of consulting the site.

Reproduction or use of all or part of these elements is authorized solely for informational purposes for personal and private use; any reproduction and any use of copies made for other purposes is expressly prohibited. Any other use constitutes infringement and is punishable under intellectual property law, unless prior written authorization has been obtained from the Seller.

Furthermore, the Seller reminds that the creation of any hyperlink to the homepage or any other page of the Website is subject to its express prior written agreement.

The Customer undertakes not to directly or indirectly harm the Seller, the Website, or the Seller's rights.

Applicable law and disputes

The sales contract between the Seller and the Customer is concluded in French and these GTUS are governed by French law.

The contract concluded with the Customer will be archived for a period of 10 years on the platform operated by the Seller.

In the event of a dispute between the Seller and the Customer concerning the validity, performance, non-performance, or interpretation of these GTUS or, more generally, the relationship between the Seller and the Customer, they will endeavor to find an amicable solution.

The Customer may:

  • Send their complaint to the Seller, who will respond in writing as soon as possible.
  • Failing an amicable agreement, the Customer has the option of resorting to mediation or any other alternative dispute resolution method: to this end, the Customer may contact the consumer mediator appointed by the Seller, namely SAS Médiation Solution, free of charge, within one year of the written complaint sent to the Seller:
    • Sas Médiation Solution — 222 Chemin de la Bergerie, 01800 Saint Jean de Niost, France — Tel.: 33(0)4 82 53 93 06 — Email: contact@sasmediationsolution-conso.fr — Website: https://sasmediationsolution-conso.fr — The deadline for referring the matter to the mediator is 12 months from the date of the first written complaint made to the Seller.
    • Or by completing the form provided for this purpose on the SAS Médiation website: Consumer mediation - Consumer Mediation.
    • Or by mail addressed to Bering – E-commerce Customer Service, 1 avenue Eiffel, 78421 Carrières sur Seine, France.
  • Or refer the matter to a court of competent jurisdiction. In particular, the consumer may refer the matter to either one of the territorially competent courts under the Code of Civil Procedure, or the court of the place where they resided at the time the contract was concluded or the harmful event occurred.

It is expressly noted that requests for amicable settlement do not suspend the time limits for taking legal action.

Miscellaneous provisions

If any non-essential clause of these GTUS is found to be void or unenforceable under a law or regulation or as a result of an enforceable decision by a court or competent authority, the parties expressly agree that this contract will not be affected by the nullity of the aforementioned clause.

The fact that either party does not, at any given time, require strict performance by the other party of any provision or condition of these GTUS shall not be deemed to constitute a permanent waiver of that provision or condition.

 

Download the general terms and conditions of sale