OPERATING CONDITIONS

Last updated on January 01, 2020
Welcome to BTCmotors.co.uk.

BTC Motors SAS, provides website functionality and other products and services when you visit or purchase on the BTCmotors.co.uk website (the "website") the use of BTC Motors products and services. BTCmotors.com is the trade name used by BTC Motors.

TERMS OF USE

Please read these terms and conditions carefully before using BTC Motors Services. By using BTC Motors Services, you agree to be bound by these terms and conditions. We offer a wide range of BTC Motors Services and additional terms and conditions may apply. When you use a BTC Motors Service (for example, Your Profile, Gift Certificates), you are also subject to the terms, guidelines and conditions applicable to that BTC Motors Service ("Terms of Service"). If these Terms of Service conflict with these Terms of Service, the Terms of Service will prevail.

Infringement Notification Procedure and Form. (Refers to item 19)

Procedure and Notification Form for notifying offensive or defamatory content. (Refers to point 20)

1. PRIVATE LIFE

To understand our policies, please see our Privacy Policy, which also governs the use of BTC Motors Services.

2. ELECTRONIC COMMUNICATIONS

When you use any BTC Motors Service or send us e-mail, SMS or other communications from your fixed or mobile equipment, you are communicating with us electronically. We will communicate with you electronically by various means, such as by e-mail, SMS, notification messages or by posting e-mails or communications on the website or through other services. For contractual purposes, you agree to receive communications from us electronically and you agree that all agreements, information, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing, unless a specific mandatory law imposes another method of communication.

3. INTELLECTUAL PROPERTY, COPYRIGHT, AND DATABASE PROTECTION

All content included in or made available through the BTC Motors Services, such as text, graphics, logos, buttons, images, digital downloads, and data compilations, is the property of BTC Motors, its affiliates or its content suppliers and is protected by French and international copyright, trademark and database right laws. The compilation of all content present or made available through BTC Motors Services is the exclusive property of BTC Motors and is protected by French and international intellectual property and database protection laws.

You may not systematically extract and/or reuse portions of the content of any BTC Motors Service without our express written permission. In particular, you must not use a data mining robot, or any other similar data collection or extraction tool to extract (in one or more instalments), for re-use a substantial part of any BTC Motors Service without our express written consent. You must also not create and/or publish your own databases that contain substantial parts (e.g. our prices and product listings) of any BTC Motors Service without our express written consent.

4. REGISTERED TRADEMARKS

Graphics, logos, page headers, buttons, scripts and service names included or made available through a BTC Motors Service are trademarks or visuals of BTC Motors. BTC Motors trademarks and graphics may not be used for products or services that are not owned by BTC Motors, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BTC Motors. All other trademarks not owned by BTC Motors that appear on any BTC Motors Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BTC Motors.

5. PATENTS

Parts of this website are licensed under one or more patents.

6. LICENSE AND ACCESS

Subject to compliance with these Terms of Use and Terms of Service and payment of all applicable fees, BTC Motors or its content providers prohibit any downloading or copying of information from an account for another merchant; or any use of data mining robots, or other similar data collection or extraction tools.

All rights not expressly granted to you in these Terms of Use or in the Terms of Service are reserved and remain with BTC Motors or its licensees, suppliers, publishers, rights holders, or other content providers. No BTC Motors Service or any part thereof may be reproduced, copied, sold, resold, visited or otherwise exploited for commercial purposes without our express written permission.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form). You may not use meta tags or any other "hidden text" utilizing BTC Motors' name or trademarks without our express written consent.

You may not misuse any BTC Motors Service. You must use BTC Motors Services as permitted by law.

7. YOUR ACCOUNT

If you use any BTC Motors Service, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and other equipment, and to the extent permitted by applicable law, you agree to be responsible for all activities that occur under your account or password. You must take all necessary steps to ensure that your password remains confidential and secure, and must notify us immediately if you have any reason to believe that your password is known to anyone else, or if the password is being or may be used in an unauthorized manner. You are responsible for the validity and completeness of the information you have provided us with, and must notify us of any changes to that information. You can access and change your information and account settings in the Your Account area of the Website.

You must not use any BTC Motors Service:

(i) in a manner that causes, or is likely to cause, interruption, damage, or impairment of any BTC Motors Service, or

(ii) for fraudulent purposes, or in connection with a crime or illegal activity, or

(iii) for the purpose of provoking disturbances, nuisances or causes of anxiety.

We reserve the right to deny access, terminate accounts, remove or edit content if you are in violation of applicable laws, these Terms of Use or any other terms, conditions, guidelines or policies of BTC Motors.

8. COMMENTS, REVIEWS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post criticism, comments or other content; send communications, and submit suggestions, ideas, questions or other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, libellous, infringing of intellectual property rights, or harmful to third parties or objectionable and does not consist of or contain computer viruses, political activism, commercial solicitations, chain letters, mass mailings or any other form of "spam". You may not use a false e-mail address, impersonate any person or entity, or lie about the origin of a credit card or content. We reserve the right (but not the obligation without using a valid Notification Form) to remove or edit any content. If you believe that any content or sales advertisement on any BTC Motors Service contains a defamatory message, or that your intellectual property rights have been infringed by any article or information on the website, please notify us by email, and we will respond.

If you post content or other materials, and unless we indicate otherwise, you agree :

(a) to BTC Motors, free of charge, the transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display such content throughout the world in any media; and

(b) BTC Motors, its sub-licensees and assignees have the right to use the name used with such content, if they choose to do so. No moral rights are assigned under this

9. INTELLECTUAL PROPERTY CLAIMS

BTC Motors respects the intellectual property of others. If you believe that any of your intellectual property rights have been used in a manner that may give rise to a concern of infringement, please follow our Procedure and Infringement Notification Form. (Item 18)

10. OTHER BUSINESSES

We may provide links to the websites of affiliates and a number of companies. We are not responsible for examining or evaluating, and we do not guarantee the offers of these companies or individuals, or the content of their websites. BTC Motors assumes no responsibility or liability for the actions, products or content of these companies or individuals or other third parties. You will be notified when a third party is involved in your transaction, and we may share your information in connection with that transaction with that third party. You should review their privacy policies and other terms of use carefully.

11. ROLE OF BTC MOTORS

BTC Motors lists and sells products on btcmotors.co.uk. These products come from third party suppliers, BTC Motors reserves the right to allow third party sellers to list and sell their products on btcmotors.fr.

BTC Motors wants the buyer to have the safest possible purchasing experience, BTC Motors strives to ensure the best possible customer satisfaction in addition to any contractual or other rights.

12. OUR LIABILITY

We will do our best to ensure the availability of BTC Motors Services and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to BTC Motors Services may occasionally be suspended or limited to allow for repairs, maintenance, or to add new functionality or service. We will endeavour to limit the frequency and duration of any such suspension or limitation.

In its dealings with professionals, BTC Motors is not responsible for

(i) losses that were not caused by any fault on our part, or

(ii) business losses (including loss of profits, profits, contracts, expected savings, data, customers or unnecessary expenses), or

(iii) any indirect or consequential loss that was not foreseeable by you and us when you started using the BTC Motors Service.

We will not be liable for any delay or inability on your part to meet your obligations under these terms if the delay or inability results from a cause beyond our reasonable control. This condition does not affect your legal right to have goods shipped and services provided within a reasonable time or to receive a refund if the goods or services ordered cannot be delivered within a reasonable time due to a cause beyond our reasonable control.

If these laws are applicable to you, some or all of these limitations may not apply to you, and you may have additional rights.

Nothing in these terms and conditions is intended to limit or exclude our liability for fraud, or for death or personal injury caused by our negligence or gross negligence.

13. APPLICABLE LAW

These Terms of Use are subject to French law, and the application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. You, like us, agree to submit all disputes arising from the commercial relationship between you and us to the non-exclusive jurisdiction of the courts of the city of Caen, which means that for the application of these Terms of Use, you may bring an action to enforce your rights as a consumer in France.

14. MODIFICATION OF THE SERVICE OR TERMS OF USE

We reserve the right to make changes to any BTC Motors Service, our procedures, terms and conditions, including these Terms of Use at any time. You are subject to the terms and conditions, procedures and Terms of Use in effect at the time you use the BTC Motors Service. If any provision of these Terms of Use shall be deemed invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

15. DISCLAIMER

If you violate these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in all other situations where you violate these Terms of Use.

16. MINORS

We do not sell products to minors. We sell children's products for purchase by adults. If you are under the age of 18, you may use a BTC Motors Service only under the supervision of a parent or guardian.

17. OUR CONTACT INFORMATION

The BTCmotors.fr website is owned and maintained by BTC Motors SAS.

For BTC Motors SAS :

BTC Motors SAS, Société par action Simplifiée, 8 za des capucines 14860 Ranville
Share capital: 150 €.
Registered in France
RCS Français N° : 829 352 442 RCS de Caen
Intra-Community VAT number: FR 63 829 352 442

18. PROCEDURE AND FORM FOR NOTIFICATION OF VIOLATION OF RIGHTS

If you believe that your rights have been violated, you can fill out the Notification Form. We will respond promptly to rights holders and their representatives who complete the Notification Form to inform us of any alleged infringement.

Upon receipt of a Notification Form, we may take appropriate action, including removal of any information or item. However, such action shall be taken without prejudice to any liability on our part and without prejudice to the exercise of our rights, actions and defenses. In addition, by submitting a Notification Form, you grant BTC Motors the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and disclose its contents by any means of communication, anywhere in the world. This also includes the transfer of this form to the parties involved in the alleged infringement.

Important Warning: Providing inaccurate, misleading or false information in a Notification Form addressed to BTC Motors will result in civil and/or criminal liability. In case of doubt, please contact legal counsel.

Notification Form: If you wish to notify us of a violation of your rights in connection with a product offering available on www.btcmotors.fr, please complete the Notification Form.

19. PROCEDURE AND NOTIFICATION FORM FOR NOTIFYING OFFENSIVE OR DEFAMATORY CONTENT

Because many products are listed and many reviews are hosted on BTCmotors.co.uk, it is not possible for us to know the full contents of all products offered for sale, or all the comments or reviews that are posted. Consequently, we operate under a system of "notice and action". If you believe that any content or sales announcement on the website contains a defamatory message, please notify us immediately by completing the Procedure and Notification Form for Notifying Insulting or Defamatory Content. Follow the instructions in the Notification.

Important Warning: Providing inaccurate, misleading or false information in the Notification to BTC Motors may result in civil and/or criminal liability.

The Notification Procedure: Please send the form below, duly completed and signed, to the following address: BTC Motors, 101 rue Paul Boucherot 14123 Ifs.

TERMS AND CONDITIONS OF SALE

Welcome to the BTCmotors.com website.

BTC Motors SAS provides website functionality and other products and services when you visit or purchase on the btcmotors.fr website (the "Website"), BTC Motors provides the BTC or BTC Motors Services under the terms and conditions set out on this page.

These Terms and Conditions of Sale govern the sale of products between BTC Motors SAS and you. We offer a wide range of services and additional conditions may apply.

Please read these conditions carefully before placing an order with BTC Motors SAS. By ordering with BTC Motors SAS, you are notifying us of your agreement to be subject to these conditions.

1. HOW TO ORDER

If you wish to purchase one or more products listed on the Website, you must select each product you wish to purchase and add it to your shopping cart. Once you have selected all the products you wish to purchase, you can confirm the contents of your basket and place the order.

At this stage you will be redirected to a page summarising the details of the products you have selected, their prices and delivery options (including the relevant delivery charges). You will then be asked to choose the delivery options and the shipping and payment methods that are most convenient for you. However, the delivery method may be imposed on specific products.

At the bottom of this page is the order button. You must click on this button to confirm and place your order.

After placing your order, we will send you a confirmation message. We will inform you about the shipment of your articles. However, you have the possibility to change your order up to the date of dispatch of your articles.

Please note that we sell products only in quantities corresponding to the usual average needs of a household, except for specific orders on quotation. This applies both to the number of products ordered in a single order and to the number of individual orders respecting the usual quantity of a normal household placed for the same product.

You agree to obtain invoices for your purchases electronically. The electronic invoices will be made available to you in .pdf format in the Your Account area on our Website. For more information on electronic invoices and how to receive a paper copy, please visit contact@btcmotors.fr.

2. RIGHT OF RETENTION

The products delivered remain the property of BTC Motors until they are handed over to the customer who placed the order.

3. 3. 14-DAY RIGHT OF WITHDRAWAL, EXCEPTIONS TO THE RIGHT OF WITHDRAWAL,

LEGAL RIGHT OF WITHDRAWAL

Unless one of the exceptions listed below is applicable, you may withdraw from your order without giving any reason within 14 days from the date on which you, or a third party designated by you (other than the carrier), took physical possession of the goods purchased (or the last goods, lot or part if the contract is for the delivery of more than one good or lot or part delivered separately).

You must notify us (BTC Motors, 110 rue Saint Martin, 61 200 Argentan, France) of your decision to withdraw from your order. You may submit your request online in accordance with the instructions and forms available from our online returns centre, using the withdrawal form.

To comply with the withdrawal deadline, simply send your withdrawal request before the 14-day period expires and return your product to the address we will provide you.

For further information on the scope, content and instructions on how to exercise your right of withdrawal, please contact our Customer Service: sav@btcmotors.fr.

EFFECTS OF WITHDRAWAL
We will refund all payments we have received from you, including the standard delivery charge (i.e. the cheapest delivery we offer) no later than 14 days from receipt of your withdrawal request. We will use the same payment method you used for your original order. In any case, this refund will not incur any additional costs for you. We may defer the refund until we have received the product(s), whichever is earlier.

Please note that you must return the product(s) by following the instructions available from our customer service department (sav@btcmotors.fr) no later than 14 days from the date you notified us of your decision to withdraw.

You are responsible for the direct costs of returning the product(s). You will be responsible for any depreciation in the value of the product(s) resulting from handling (other than that necessary to establish the nature, characteristics and proper functioning of the product(s)).

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to :

If you have unsealed them or, after delivery, have mixed them inseparably with other articles;

The delivery of products that have been made to your specifications or clearly personalised;

4. PRICE AND AVAILABILITY

All prices are inclusive of all French taxes (French VAT and other applicable taxes) unless otherwise stated.

We display the availability of the products we sell on the Website on each product sheet. We cannot give any more details regarding the availability of products than what is indicated on that page or elsewhere on the Website. When processing your order, we will notify you as soon as possible by email using the address associated with Your Account, if any of the products you have ordered prove to be unavailable, and we will not charge you for those products.

Despite our best efforts, a small number of the products in our catalogue may show an error in the price. We will check the price at the time your order is processed and before any payment is made. If it appears that we have made an error in the price display, and the actual price is higher than the price displayed on the Website, we may contact you to ask you whether you wish to purchase the product at its actual price or whether you would prefer to cancel your order. If the actual price is lower than the price displayed, we will charge you the lower amount and send you the product.

5. CUSTOMS

When you order products from BTC Motors for delivery outside the European Union, you may be subject to import duties and taxes, which are levied when the package reaches its destination. Any additional customs clearance costs will be at your expense; we have no control over these costs. Customs policies vary greatly from country to country, so you should contact your local customs office for more information.

In addition, please note that when you place an order with BTC Motors, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. Protecting your privacy is important to us and we draw the attention of our international customers to the fact that cross-border deliveries may be opened and inspected by customs authorities.

6. OUR RESPONSIBILITY - WARRANTIES

You benefit from the legal guarantee of conformity under the conditions of articles L.217-4 and following of the consumer code and the guarantee of hidden defects under the conditions of articles 1641 and following of the civil code.

When you act as a legal guarantee of conformity,

You benefit from a two-year period as from the delivery of the property to act;

You can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code ;

for any product purchased until March 17, 2016 at 23:59:59, you are exempt from providing proof of the existence of the lack of conformity of the good during the six (6) months following the delivery of the good;

for any product purchased after midnight on March 18, 2016, you are exempted from furnishing proof of the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good, except for second-hand goods for which you are exempted from furnishing proof of the existence of the lack of conformity of the good only during the six (6) months following the delivery of the good.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

You may decide to implement the warranty for hidden defects within the meaning of Article 1641 of the Civil Code. In this case, you can choose between cancellation of the sale or a reduction of the sale price (article 1644 of the civil code).

We are committed to provide all the care in use in the profession for the implementation of the service offered to the customer. Nevertheless, we cannot be held liable in case of delay or breach of our contractual obligations if the delay or breach is due to a cause beyond our control: fortuitous event or force majeure as defined by the applicable law.

We shall not be held liable in the event of delay due to an out-of-stock condition of the supplier. Moreover, our responsibility will not be engaged in the event of minor differences between the photos of presentation of the articles and the texts displayed on the Internet Site btcmotors.fr, and the products delivered.

We implement all the means at our disposal to ensure the services covered by these General Terms and Conditions of Sale. We are responsible for any direct and foreseeable damage at the time of the use of the Website or the conclusion of the contract of sale between us and you. In the context of our relations with professionals, we shall not be liable for loss of profit, commercial loss, loss of data or loss of profit or any other indirect damage or damage that was not foreseeable at the time of use of the Website or the conclusion of the contract of sale between us and you.

The above limitation of liability shall not apply in the event of fraud or gross negligence on our part, in the event of personal injury or liability for defective products, in the event of eviction and in the event of non-compliance (including due to hidden defects).

However, each customer and user of the Website undertakes to respect the conditions of normal use of the product. Furthermore, the wearing of a helmet and protective equipment is mandatory before any activity. Use must be on private property and the products are not approved for road use unless otherwise indicated.

BTC Motors after-sales service is carried out only on spare parts, labour is at your expense. We remind you that safety accessories and all electrical components are neither taken back nor exchanged. When buying a vehicle on btcmotors.fr, you should be aware that regular maintenance must be carried out by you to keep your vehicle in good condition. BTC Motors cannot be held responsible for the lack of maintenance of your vehicle. You are responsible for the general maintenance of your vehicle, such as checking and servicing the braking system, tensioning and lubricating the chain, regularly recharging the battery, etc.

Any electrical failure that occurs after use in rainy weather or any problem due to exposure to water will not be covered under warranty.

Please do not return your item directly to BTC Motors before making contact and without having sent your request beforehand, in order not to delay the application of the guarantee. The cost of sending the product back to our after-sales service remains at the customer's expense.

We advise you to contact specialist repair companies if you do not have the necessary knowledge or if you are not able to carry out maintenance or repairs on your product yourself.

Only spare parts can be taken care of if the warranty coverage is confirmed, labour costs remain at your expense. Inappropriate or improperly performed maintenance or repairs void this warranty.

7. APPLICABLE LAW

These Terms of Use are subject to French law. You, like us, agree to submit all disputes arising from the commercial relationship between you and us to the non-exclusive jurisdiction of the courts of the city of Caen, which means that for the application of these Terms and Conditions of Use, you may bring an action to enforce your rights as a consumer in France.

If a problem arises, please contact our after-sales service by email at: sav@btcmotors.fr.

8. MODIFICATION OF THE SERVICE OR THE GENERAL CONDITIONS OF SALE

We reserve the right to make changes to our Website, our procedures, and our terms and conditions, including these Terms and Conditions at any time. You are subject to the terms and conditions, procedures and Terms and Conditions in force at the time you order a product from us, unless a change to these terms and conditions, or these Terms and Conditions is required by an administrative or governmental authority (in which case, such change may apply to previous orders you have placed). If any provision of these Terms and Conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

9. WAIVER

If you violate these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in all other situations where you violate these Terms and Conditions.

10. MINORS

We do not sell products to minors. We sell children's products for purchase by adults. If you are under the age of 18, you may only use the btcmotors.com Website under the supervision of a parent or guardian.

11. IDENTIFICATION

btcmotors.fr is a trademark used by BTC Motors SAS. Our contact information is as follows:

BTC Motors SAS, Société par Actions Simplifiée, 8 za des capucines 14860 Ranville
Share capital: 150 €.
Registered in France
RCS Français N° : 829 352 442 RCS Caen
Intra-Community VAT number: FR 63 829 352 442

All other trademarks not owned by BTC Motors that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BTC Motors.

12. PERSONAL DATA

The collection and processing of your personal data allows us to improve and personalize the services we offer you. The information is necessary to open a BTC Motors account. This information may also be kept for evidential purposes in compliance with legal and regulatory obligations (payment, litigation, after-sales service, etc.).
This information will be used for order processing, returns management, customer relations, mail for delivery follow-up, marketing management.
In accordance with the Data Protection Act of 6 January 1978, the Customer has a right of access, rectification and opposition to the processing of data concerning him. The Customer can exercise his rights by mail to : BTC Motors 8 za des capucines 14860 Ranville. In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the reply should be sent. A reply will then be sent to you within 2 months following receipt of the request.
BTC Motors undertakes not to transfer or sell any personal information about you to third parties or to use this information for unintended purposes.