General terms and conditions

1.1 Ixtem Moto: who are we?

Ixtem Moto is a simplified joint stock company with capital of 16,108 euros, registered in the Pontoise Trade and Companies Register under number 490 712 858.

Through this website, Ixtem Moto offers a range of products for sale, which can be purchased by Internet users, both individuals and legal entities, notably via a secure online payment procedure implemented and managed by the banking institutions whose services Ixtem Moto has enlisted.

Ixtem Moto uses service providers to deliver the products ordered by the consumer via the aforementioned site, in accordance with the terms and deadlines indicated on the site at the time the order is placed. The www.ixtem-moto.com site is produced in French, as are all the steps, electronic or otherwise, required for the consumer to validate his or her order.

Sales contracts concluded between Ixtem Moto and the consumer are therefore in French. Ixtem Moto's e-mail address is clients@ixtem-moto.com.

You can contact us by e-mail at the following addresses:

• clients@ixtem-moto.com for any question concerning the choice of a product, or the absence of a product on our site / to track your order / for a problem with a parcel not received or late delivery
  
  
• sav@ixtem-moto.com for all questions relating to the return of defective products under the manufacturer's warranty.
  
  

In general, you can track your order through your customer account, and consult the most common consumer questions in our Frequently Asked Questions (clickable link).

You can also contact us

• by phone: 01 39 31 17 62 Monday to Friday, 10am to 12:30pm - 2pm to 4pm (free call)
  
  
• by post: Ixtem Moto SAS - 427 route de Conflans - 95220 HERBLAY

We are committed to doing everything in our power to ensure your satisfaction, and to building a long-lasting relationship based on mutual trust.

We are at your entire disposal and are attentive to all your comments.

By placing an order with us, you acknowledge that you have full legal capacity to commit yourself under these terms and conditions.

1.2 Scope of the general sales conditions

These terms and conditions of sale apply to all orders placed on the www.ixtem-moto.com website.

Ixtem-moto.com reserves the right to adapt or modify these terms and conditions of sale at any time. In the event of modification, the general sales conditions in force on the day of the order will be applied to each order.

2.1 Product availability

Our offers of products, services and delivery terms, at the prices indicated in Euros, are valid in mainland France and Monaco, while stocks last.

Product availability is always indicated on the product sheet, according to your choice of size/color when applicable:

• In stock, dispatched within 24 hours" means that we have the product in stock.
• Shipped within 1 to 3 days" means that we do not have the product in stock, and that the supplier concerned normally delivers within 2 days.
• Shipped within 2 to 5 days" means that we do not have the product in stock and that the supplier concerned normally delivers within 4 days.
• Shipped within 5 to 10 days" means that we do not have the product in stock and that the supplier concerned normally delivers within 9 days.
• Shipped within 10 to 15 days" means that we do not have the product in stock, and that the supplier concerned has a longer delivery time.

For products that are out of stock, we indicate on the product sheet the restocking lead time communicated by our supplier.

In all cases, these are working days and do not include weekends or public holidays.

For products not stocked in our warehouses, our offers are subject to availability from our suppliers. In the event of unavailability of products not in stock after you have placed your order, we will notify you by e-mail as soon as we receive the information from our suppliers. You will then be offered the choice of keeping, modifying or cancelling your order.

No compensation whatsoever may be claimed.

Similarly, if an imperative delivery deadline has been agreed, we will notify you as soon as possible if this deadline cannot be met, and no compensation may be claimed.

2.2 Product identification

The photographs, texts, graphics and technical data sheets are for the most part taken from documentation produced by the manufacturers or constructors, reproduced under their control and with their agreement.

If, despite all our precautions, errors may have occurred, we cannot be held liable in any way.

The photos presented on the site are non-contractual, we advise you to check by contacting us by e-mail or telephone if you have the slightest doubt.

2.3 Product conformity

The products offered for sale by Ixtem Moto comply with the standards applicable in France. We cannot be held responsible for any failure to comply with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities regarding the possibility of importing or using the products and associated services.

3.1 Placing an order

Your order can only be registered if you have clearly identified yourself either by logging into your account with your username and password, or by creating an account on ixtem-moto.com.

You must check the completeness and accuracy of the information you provide when placing an order, particularly concerning the delivery address. We cannot be held responsible for any input errors and their consequences (e.g. delays or delivery errors). In this case, you will be responsible for any costs incurred in re-sending the order.

3.2 Order validation: electronic signature

Any order form signed by the consumer by "double-clicking" constitutes an irrevocable acceptance which can only be challenged within the limits set out in these general conditions of sale. The "double click", combined with the authentication and non-repudiation procedure and the protection of message integrity, constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

As soon as your order has been validated, you will receive an automatic e-mail confirming your order within the hour. Your order will only be confirmed if the payment selected at the payment stage has been accepted.

You can then track your order through your Ixtem Moto account until you receive it. When your order leaves our warehouse, you will receive an e-mail with the parcel number of your order. You can then continue to track your order via the carrier's website, depending on the delivery method you have chosen.

You can obtain information about your order at any time by contacting us:

• by sending us a message via the "Contact us" section (clickable link)
• by telephone on 01 39 31 17 62, Monday to Friday, 10am to 12:30pm - 2pm to 4pm
• by e-mail: clients@ixtem-moto.com

3.3 Anti-fraud controls

The security of your orders on Ixtem Moto is a major concern. This is why all orders are checked before shipment.

As part of this control and in order to fight against fraud and usurpation of means of payment on the Internet, Ixtem Moto may ask the customer to provide proof of identity and address. Depending on the date of receipt, your order may be delayed.

If the control of these documents proves favorable, the order will be validated. Otherwise, or in the event of non-receipt, Ixtem Moto reserves the right to cancel the order. The order will then be cancelled and reimbursed.

Prices are shown in euros, inclusive of all taxes and exclusive of delivery charges. They are subject to French value-added tax (except in the cases provided for in article 262 ter I of the CGI), and any change in the legal rate of this tax will be reflected in the price of the products presented on the www.ixtem-moto.com website.

In the event of an obvious pricing error, we reserve the right to cancel and reimburse your order in accordance with article L133-2 of the French consumer code: "The consumer cannot be charged the price displayed when it is very different from the actual price, almost derisory".

For orders to French overseas departments and territories or to countries outside the European Community, you will be invoiced directly excluding VAT, and the products must be delivered outside the European Community zone.

The shipping costs applicable to your order are indicated when you choose your delivery method, and may be revised upwards depending on the weight of the parcel when sent by air (see article 6: delivery of your order).

5.1 Payment by credit card

Your account is debited when your order is validated.

Payment is made via the secure bank server of our partner PAYPAL Check Out. Payments made to bank servers are encrypted using SSL (Secure Socket Layer) protocol and are 100% secure. No information passes through the www.ixtem-moto.com site and no bank details are stored, which is why you will be asked for them again each time you place a new order on our site.

5.2 Payment of your order in 2X 3X or 4X by credit card free of charge for purchases of €80 or more up to €2,000with ALMA

Our partner ALMA offers you a credit card financing solution that enables you to pay for your purchases in 2X from €80 of purchases, 3X from €150 of purchases and 4X from €250 of purchases and this up to a limit of €2,000.

Terms and conditions:

This offer is reserved for individuals (natural persons of legal age) residing in Metropolitan France and holding a Visa, MasterCard or American Express bank card with a validity date greater than the chosen financing period.

Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards and Indigo cards, are not accepted.

How to subscribe :

Once you have completed your order, simply click on the "Pay in 2/3 or 4 instalments by credit card" button.

You will then be redirected to our partner's ALMA web page, where you will find a detailed summary of your order and a personalized financing application, which you must then validate.

You acknowledge that the "double click" associated with the checkbox on the acknowledgement of the general terms and conditions constitutes consent to contract and irrevocable, unreserved acceptance of the product's general terms and conditions.

In the absence of proof to the contrary, the data recorded by ALMA constitutes proof of all transactions between you and ALMA.

If you request a financing solution offered by ALMA, the information related to your order will be transmitted to ALMA, which will use it to study your request for the granting, management and collection of credit.

ALMA reserves the right to accept or refuse your request for financing in 2, 3 or 4 instalments.

You have 14 days in which to cancel your loan.

For further information, please contact ALMA at https://getalma.eu/.

Example of how 3X payment works:

Payment by credit card in 3 instalments without charge enables you to pay for your order on our merchant site as follows:

- a compulsory deposit, debited on the day of confirmation of shipment of your order, corresponding to one third of the order,

- two or three monthly instalments, each corresponding to a third or a quarter of the order, debited 30 and 60 days later for the 3-installment plan.

- Payment in 3 instalments, free of charge, from a purchase of €150 up to €2,000.

Example: For a purchase of €150, deposit of €50 then 2 monthly payments of €50. Credit over 2 months at a fixed APR of 0%. Cost of financing 0€.

2-month loan at 0% fixed APR. Cost of financing: 0€.

5.3 Payment by bank transfer

This is a very convenient and risk-free method of payment, as you make the transfer directly to our account. To use it, select this payment method when confirming your order, and our bank details will appear.

Your order will be processed upon receipt of your payment. The delivery time indicated on your order confirmation may vary according to the date on which we receive your payment. If we do not receive your bank transfer within 15 days of placing your order, your order will be cancelled.

5.4 Payment by PayPal

Pay for your order securely in two clicks, without disclosing your bank details, by selecting Paypal as the payment method at the "Payment" stage of your basket.

Your payments are made directly on the Paypal site and are encrypted using SSL (Secure Socket Layer) protocol. Ixtem-moto.com has no access to your bank details.

In certain cases, Ixtem Moto may be required to send you an additional secure payment link via Paypal. Payment is possible by credit card, without the need to open a Paypal account, from a computer.

5.5 Payment by check

Due to an increase in unpaid or stolen checks, we unfortunately no longer accept this method of payment.

5.6 Default of payment

Ixtem Moto reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

5.7 Payment DOM TOM and abroad

For orders from abroad or from French overseas departments and territories, tax exemption is applied directly at the time your order is placed. Products must be shipped abroad, outside the European Community zone.

In the case of the European Community zone, we invoice the VAT and credit it back afterwards on request to clients@ixtem-moto.com with your intra-Community VAT number, once the order has been completed and dispatched.

5.8 Retention of title

Products remain the property of Ixtem Moto until full payment of the order has been received by Ixtem Moto. However, as from delivery, the risks of the goods delivered are transferred to the customer.

Products will be delivered to the address indicated on your order confirmation.

Ixtem Moto makes every effort to respect the delivery times indicated as an indication on the product sheet, in your basket, your order summary and on your order confirmation sent by e-mail. Please allow between 24 and 72 hours for delivery, depending on the delivery method you choose.

If your order comprises several items, it will be shipped in full on receipt of the last item. You should therefore take into account the longest shipping time.

Example: if you order gloves shipped within 24 hours and a jacket shipped within 3 to 5 days, your entire order will be shipped within 3 to 5 days.

In the event of payment by bank transfer or Oney Bank, or if your credit card payment is subject to anti-fraud checks, availability and dispatch times will be recalculated from the date your payment is validated.

6.1 Delivery methods

Ixtem Moto offers you several delivery methods, in order to best satisfy your needs.

6.1.1 Delivery by a carrier

Delivery in 3 to 5 days by Mondial Relay in one of the 12,000 Relay points or 3,000 lockers in France. 4.99€ for orders under 49€, 5.99€ for orders over 49€ and free delivery in mainland France for orders over 89€.

This delivery method is available for the following countries: France, Germany, Belgium, Austria, Luxembourg, Netherlands, Italy, Spain and Portugal. The price will be displayed when you choose your carrier.

You will be notified by SMS and/or e-mail when your order arrives. Please ensure that you collect your parcel within 8 working days, otherwise it will be returned to us.

Lockers are not suitable for large or heavy parcels.

COLISSIMO DELIVERY BY LA POSTE : delivery in 48/72 hours to one of the 4,200 retailers in La Poste's PICKUP network. 6.99 for orders under €299, free delivery for orders over €299.

ATTENTION, this delivery method is only available in metropolitan France and Corsica.

You can also benefit from this delivery method for Belgium. Shipping costs will be €9.99.

Your parcel will be delivered to the Relais Colis la Poste of your choice within 48/72 hours of dispatch. You will be notified by SMS and/or e-mail of the arrival of your order. Please ensure that you collect your parcel within 10 working days, otherwise it will be returned to us.

In the case of a Pick-up station, this period is 3 working days. This type of station is not suitable for bulky or heavy parcels.

CHRONOPOST RELAY DELIVERY : 24-hour delivery. 8.99€ for orders under 90€ and 7.99€ for orders over 90€.

ATTENTION, this delivery method only applies to metropolitan France (Corsica is excluded from this delivery method).

Your parcel will be delivered to the Relais Colis of your choice the day after shipment. You will be notified by SMS and/or e-mail of the arrival of your order. Please ensure that you collect your parcel within 10 days, otherwise it will be returned to us.

In the case of a Pick-up station, this period is 3 working days. This type of station is not suitable for bulky or heavy parcels.

8.99€ for orders under 90€ and 7.99€ for orders over 90€ (delivery in 2 to 5 working days). For home deliveries, Corsica can only be delivered by Colissimo.

Your parcel will be sent to the address you provide when placing your order.

If you are absent on the day of delivery, your parcel will be made available to you at your local post office. Please ensure that you collect your parcel within 14 days, otherwise it will be returned to us.

CHRONOPOST 24h DELIVERY: €9.99 for orders under €99, €8.99 for orders over €99. Surcharge of 15€ for Corsica.

Your package will be dispatched to the address you specify when placing your order, and delivered the day after shipment, personally signed for.

If you are absent on the day of delivery, your parcel will be dropped off at the nearest Relais Colis, and you will be notified by e-mail. Please ensure that you collect your parcel within 10 days, otherwise it will be returned to us.

These conditions are valid for metropolitan France only.

6.1.2 Click and Collect delivery

Click and Collect delivery enables you to order your items on the site, and collect them from our Ixtem Moto depot, located at 427 route de Conflans (at the end of the cul-de-sac on the left, after the barrier), 95220 HERBLAY. Open Monday to Friday, 9am to 6pm.

You will receive an e-mail to let you know when you can pick up your car. You will then have 15 days to collect your order. Don't forget to bring proof of identity and your order number. If you are unable to collect your order, you can also authorize a person of your choice to collect it. This person must be in possession of a letter of authorization signed by you, and his/her ID.

Delivery to other countries

For other countries, shipping costs depend on the destination country, and are announced when you place your order.

French overseas departments and territories and countries requiring air transport

Since July 2013, all Colissimo parcels sent by air have been invoiced to the sender according to the volumetric weight of the parcel, rather than its actual weight.

The amount indicated in the shopping cart is indicative. We will contact you if this amount is not sufficient to cover all shipping costs.

Bulky or heavy products

For parcels delivered in France, if the volume or weight of your order is too great for the usual carriers, we will be obliged to entrust it to another carrier who will make an appointment with you for delivery.

As bulky parcels cannot be delivered by parcel post, they are not included in the commercial offer of free delivery for orders over €89. Relay parcel delivery will not be offered for bulky parcels. Tires fall into this category of products that cannot be delivered by parcel post.

Shipping conditions

Packages are dispatched from Monday to Friday, excluding weekends and public holidays.

However, no compensation can be claimed for any delay in shipping your order.

If an imperative delivery date has been agreed, the seller will notify the customer as soon as it is foreseen that this will not be possible, by agreeing a new date, without any compensation being payable for any reason whatsoever.

Similarly, no compensation may be claimed if an item cannot be delivered: either because of an unforeseen manufacturing stoppage, or because of strikes, accidents, natural disasters, inability to obtain supplies or any other cause beyond our control.

If your order comprises several items, it will be shipped in full on receipt of the last item. Please take into account the longest shipping time. Example: if you order gloves shipped within 24 hours and a jacket shipped within 3 to 5 days, your entire order will be shipped within 5 days.

You have a cooling-off period of 30 calendar days upon receipt of your parcel (90 days if you opt for the "Ixtem +" package).

6.2 Delivery delays

Each carrier commits to delivery times and is therefore solely responsible for compliance with them.

In the event of non-compliance with these deadlines, we suggest that you check with your post office (if delivery is by La Poste) or with the carrier concerned to ensure that the parcel is not pending, by consulting the tracking number communicated to you when your order was dispatched. If necessary, we invite you to report the delay by contacting our Customer Service department by e-mail(clients@ixtem-moto.com) (clickable link).

The consumer must provide our Customer Service Department with all useful information enabling it to attempt to locate the products ordered via the carrier.

We will then contact the carrier concerned so that an investigation can be launched.

If the goods are found, they will be returned to your home address as soon as possible. If the goods are not found, we will send you a replacement product (at our expense) after obtaining the carrier's report of loss. We are subject to the deadlines imposed by the carriers and will not be able to make any reimbursement until the carrier has declared the products ordered lost following its investigation. This may take up to one month.

Should the product(s) ordered no longer be available, we will reimburse you in accordance with the terms of these general terms of sale.

7.1 Checking your parcel

We invite you to check the apparent condition of the products on delivery. Please note that if you have entrusted a third party (concierge, receptionist, etc.) with the receipt of your parcel, this person receives the parcel in your name and on your behalf, and must therefore also pay particular attention to the condition of the parcel on receipt.

Whatever the method of delivery, you are obliged to check the condition of the product packaging and the contents of the parcel on delivery, either at the collection point or with the delivery person.

In the event of an apparent anomaly (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.), we invite you to make a reservation with the carrier and to report it within 3 clear days to our Customer Service department by e-mail, explaining the reason for your return on clients@ixtem-moto.com. or via your customer account.

7.2 Returns procedure

At Ixtem Moto, whatever the reason, you can change your mind.

For us, it is essential that you are completely satisfied with the products delivered. If you have changed your mind, if you no longer like the product, if the size or color doesn't suit you, then don't hesitate, you can return your parcel within 30 calendar days of receipt (90 days if you have subscribed to the "Ixtem+" package), and request a full refund.

The return of products is offered in metropolitan France only once per order for any product or set of products whose total price is greater than or equal to 89 € discount coupon deducted (No minimum if you have subscribed to the pack "Ixtem+" on the order concerned by the return).

To make a return, simply go to"My account":

Then click on"My orders" and"View details" on the order you wish to return.

Then click on"Return/Cancellation Request". All you have to do is tick the product you wish to return and specify the reason.

Returned products must comply with our return conditions, and can only be returned once a return authorization has been obtained.

If we receive your return after the 30-day deadline, we reserve the right to refuse your return. If it is accepted, only an exchange or credit note will be possible.

Please follow this procedure to return your parcel after receiving your return authorization:

- Items must be returned in their original carton or a similar carton if you have not kept your original carton or if it has been damaged. Under no circumstances will we be able to accept a return in the supplier's box, which is not used for transporting goods.

- Products must be returned in perfect condition for resale, in their original packaging and showing no trace of shock or malfunction.

- Returned products must show no signs of use: clothing and helmets must only have been tried on indoors, and technical parts must not have been assembled. They must include all labels and accessories (user manuals, guides and warranty documents).

- Products in blister packs cannot be returned if they have been opened.

- Care must be taken when repackaging the return shipment. The product must be packed in the protective over-wrap, and the cushioning must be repositioned to protect the product during the return shipment.

- The returns document must be placed in a visible position in the returned parcel to enable immediate identification of the return.

With your return authorization, we will send you a prepaid return label to affix to the package if you meet the conditions for free returns.

You can then deliver your parcel to your nearest post office or to the most convenient Pick Up point.

Please allow an average of 8 to 10 working days (from the date your parcel is deposited) for us to receive your parcel and process your request.

If your return complies with our conditions, refunds will be made upon receipt of your returned order.

Ixtem Moto reserves the right to refuse any return if one of the above conditions is not respected. The product will be made available to you at our warehouse or returned at your expense for a fee of €8.90.

7.3 In the event of a delivery error or non-conformity: the return is at our expense

Outside metropolitan France, Ixtem Moto is only responsible for return shipping costs if the return is due to a delivery error or non-conformity on our part.

In all other cases, return and reshipment costs remain at your charge.

8.1 Commercial and legal warranties

Products purchased on our site benefit from the warranty granted by the supplier or manufacturer of the product. The existence of this warranty is indicated in the product data sheet on the site.

It does not cover defects caused by abnormal or faulty use, or resulting from a cause unrelated to the intrinsic qualities of the products, or defects mentioned on the product sheet in the case of "display model" products.

In order to benefit from the product warranty, please keep your purchase invoice, which you can also find in your customer account.

No warranty claims will be accepted beyond the warranty period offered by the manufacturer for the products concerned.

8.2 Processing time for after-sales returns

Ixtem Moto does not commit to any processing time for the return of defective products, insofar as after-sales service operations are carried out by the manufacturer of the products concerned. The warranty on defective products is subject to full payment of the price. Malfunctions caused by misuse of the product or by an external cause are not covered by the warranty.

The benefit of this warranty does not prevent the application of legal provisions relating to the legal warranty of conformity and the warranty for hidden defects. (Consumer Code articles L217-1 to L217-14)

10.1 Exemption from liability: cases of force majeure

Reciprocal obligations under these terms and conditions may be suspended in the event of an act of God or force majeure. In particular, such events are deemed to be those generally accepted by the jurisprudence of the French courts and tribunals.

These general terms and conditions are governed by French law with regard to both form and substance. Any dispute must be settled amicably.

In accordance with Article 14 of Regulation (EU) No. 524/2013 of May 21, 2013 on the online settlement of consumer disputes, Ixtem Moto informs you that the European Commission has set up a platform to collect consumer complaints following an online purchase in order to then forward them to the competent national mediators.

This platform can be accessed at the following address: https: //webgate.ec.europa.eu/odr/ (clickable link)

Failing amicable settlement, any legal action will be brought before the competent courts.

According to articles 42 and following of the French Code of Civil Procedure:

Unless otherwise stipulated, the court with territorial jurisdiction is that of the defendant's place of residence.

The place where the defendant resides means :

In the case of a natural person, the place where he has his domicile or, failing that, his residence,

In the case of a legal entity, the place where it is established.

10.2 Data-processing law, files and freedoms: what are your rights?

In accordance with the law of January 6, 1978, modified by the law of August 6, 2004, you have the right to access and rectify any personal data concerning you. You can exercise this right by sending an e-mail to dpo@ixtem-moto.com.

This data is provided solely for the purpose of delivering products ordered via the site, by telephone or post. It is mandatory in order to process your order and to carry out any necessary checks to combat fraud.

You are advised that refusal to provide mandatory data will result in the impossibility of delivering the products you wish to order. You are also advised that, in order to verify the information provided at the time of your order, the data may be transmitted to third parties for the sole purpose of verification.

The creation of a customer account on www.ixtem-moto.com implies your acceptance to receive occasional promotional offers from Ixtem Moto only, it being specified that each mailing will contain an unsubscribe link allowing you to stop receiving these promotional offers at any time.

10.3 International sales: application of French law

Any dispute to which the order may give rise, concerning for example its execution, interpretation, validity or cancellation, shall be governed by French law (for both formal and substantive rules).