General Terms and Conditions of Sale
Article 1 – Purpose
These General Terms and Conditions of Sale (hereinafter the “GTC”) apply to any purchase of products or services offered by the company Apesanteur SARL, a company registered with the RCS Boulogne-sur-Mer under number 534042833 and whose registered office is located at 840 route de Tournes 62360 Echinghen France (hereinafter “BeBikeen”).
Apesanteur is the owner of the BeBikeen brand. Apesanteur designs, manufactures, and markets all BeBikeen products (bicycles, helmets, and accessories).
These GTC apply to any purchase made on the website www.BeBikeen.com (hereinafter the “Site”) by any natural or legal person (hereinafter the “Customer”) or any natural or legal person acting for purposes falling within the scope of their commercial activity (hereinafter the “Professional Customer”).
Any order placed by the Customer on the Site implies full and complete acceptance of these GTC. Thus, the Customer declares having read and accepted these GTC.
These GTC prevail over any other document, notably the General Purchasing Conditions of the Professional Customer.
The products sold by BeBikeen are for the exclusive benefit of the Customer, who undertakes not to resell them. Any desire for distribution will require the conclusion of a specific contract between BeBikeen and the Customer.
The Customer's attention is drawn to the fact that the provisions of the Consumer Code do not apply to persons, natural or legal, making a purchase for professional purposes.
The Parties agree that their relationship will be governed exclusively by these GTC. These conditions may be modified. Consequently, it is understood that the applicable conditions are those in force at the time of the order registration. The update date of these GTC is considered the effective date.
These General Terms and Conditions of Sale are subject to French law in all their provisions.
In the event of a dispute between the Customer and BeBikeen, the parties undertake to seek an amicable solution as a priority, before any legal action. This approach does not interrupt the application of legal or commercial guarantees in force.
In the absence of an amicable resolution, any dispute relating to the interpretation or execution of these GTC will be subject to the exclusive jurisdiction of the competent French courts, in accordance with common law.
BeBikeen cannot be held liable in the event of non-performance or poor performance of the contract due to a force majeure event, as recognized by French case law (e.g.: natural disaster, war, general strike, major network failure...).
BeBikeen may be exempted from all or part of its liability by proving that the non-performance or poor performance of the contract results from a fault of the Customer (e.g.: improper use, lack of maintenance) or from an unforeseeable and insurmountable act of a third party to the contract.
Article 2 – Products, Services
The products and services offered on the Site www.BeBikeen.com are described and presented as accurately as possible so that the Customer is aware of the necessary characteristics for the purchase before placing the order.
For any additional information, the Customer is invited to contact customer service at the following address: contact@BeBikeen.com.
Some product features may be modified over time, notably to improve their quality.
Slight differences in presentation may exist. The photographs and visuals illustrating the products may contain minor variations in the presentation of said products.
The offers presented by BeBikeen are valid while stocks last. BeBikeen reserves the right to modify the product assortment, delivery times, and prices.
Any information or statement provided by BeBikeen concerning the use of its products does not constitute a guarantee of the product’s suitability for the Customer’s expectations.
In this regard, the Customer acknowledges having received the instructions regarding the use of the equipment and declares taking all necessary measures to use it in accordance with the instructions, under normal conditions of use.
The products sold by BeBikeen are intended for domestic use only and may not be used for intensive or collective purposes.
Article 3 – Order
To place an order on the Site, the Customer must identify themselves using their email address and personal password. When placing their first order, they must create an account by providing accurate and complete information. This information ensures proper order processing and commercial relationship management. The Customer is responsible for the confidentiality of their credentials and undertakes not to disclose them to third parties.
The order is placed by the Customer on the Site by following the provided process. The sales contract is formed upon payment validation. The order is recorded once payment is made by one of the accepted methods on the Site. Once the order is validated, the Customer will receive a confirmation email.
If payment fails, the order will not be validated and delivery cannot take place.
Orders validated by the Customer can no longer be modified.
The information recorded by the Site is considered valid and serves as proof of the transaction. The Customer agrees that this information shall serve as evidence in case of dispute.
BeBikeen reserves the right to cancel any order without notice and without compensation if it does not comply with these GTC.
BeBikeen may unilaterally decide to cancel orders for objective reasons:
Fraud,
Incorrect delivery addresses,
Delivery address outside the geographical area defined in these GTC,
Banking or payment issues,
Out-of-stock products.
Article 4 – Availability
BeBikeen undertakes to fulfill orders received on the website only within the limits of available product stocks. If, despite BeBikeen's vigilance, the items are unavailable, the Customer will be informed by email as soon as possible. The order will be automatically canceled and refunded promptly.
Article 5 – Prices
Prices displayed on the Site are shown in euros, all taxes included (VAT and other applicable taxes), excluding shipping fees.
VAT is applied at the rate in effect at the time of the order, in the country where it is placed.
Shipping fees are available directly on the Site when viewing the cart.
Prices on the Site may be subject to change, notably due to VAT rate changes, increases in raw material costs, or special offers. Any change may be immediately reflected in the sales prices, with the applicable price being that in effect at the time of order registration.
Article 6 – Payment
All orders are invoiced and payable in euros. Payment on the Site is made by credit card (CB, Visa, Mastercard, American Express), Apple Pay, PayPal, and Shop Pay.
The total amount of the order is debited at the time of payment validation. All transactions are secured by encryption protocols that ensure the protection of the Customer's banking data.
In the event of a payment refusal by the banking institution, the order will be automatically canceled.
Promotional code / voucher
BeBikeen may offer its Customers vouchers or promotional codes which allow them to pay for all or part of an order.
Each voucher or promotional code is valid during the period indicated on the "virtual" coupon or the offer and can be used on the entire site www.BeBikeen.com.
The value of the voucher or promotional code can never exceed the total order amount, excluding shipping fees.
Any additional amount and related fees must be paid via another valid payment method.
Any voucher or promotional code may only be used once, for one order and per customer. If a Customer fraudulently uses the same code multiple times, the concerned orders will be automatically canceled by BeBikeen.
If a Customer paid using a voucher or promotional code and exercises their right of withdrawal, the said voucher or code will be deactivated and cannot be reused. The Customer's account will be credited with the amount of the order actually paid, minus the voucher/code amount.
Article 7 – Delivery
Orders placed on www.BeBikeen.com are delivered in mainland France excluding Corsica and in all European countries offered on the Site.
The ordered products may be subject to one or more separate deliveries.
Delivery by carrier always excludes assembly.
The delivery location means the threshold of the Customer’s building, ground level: at the foot of the building or in front of the property gate. The delivery person is not authorized to carry the packages upstairs or to enter the home.
The delivery time is provided for information purposes only. BeBikeen strives to deliver the Customer within the announced timeframe. However, in the event of delay due to events falling under the definition of Force Majeure according to Article 1218 of the Civil Code, BeBikeen cannot be held responsible by the Customer.
It is the Customer’s responsibility to ensure the receipt of the goods. By accepting these GTC, the Customer agrees that the order may be received by third parties present at the place of delivery, at their own risk exclusively.
However, in the absence of the Customer or any third party able to receive the order, the Customer will be notified by the carrier of their visit (email, SMS, delivery notice, tracking link). The Customer must then contact the carrier to arrange another delivery appointment, without BeBikeen being obliged to act.
Upon receipt of the goods, the Customer must check, in the presence of the delivery person, the visual condition of the package to ensure that it has not suffered any shock or damage.
If the product is damaged upon delivery, the Customer has two options:
1- Accept the delivery by issuing precise and detailed reservations on the carrier’s slip. Vague terms like "subject to unpacking" are not valid.
2- Refuse the entire order and write the reason on the carrier’s slip.
To assert their rights, the Customer must report the reservations to BeBikeen’s customer service at contact@BeBikeen.com within 24 hours with photos of the package and damaged products to support the claim.
If the Customer discovers an issue after signing without making any reservation, they must contact BeBikeen customer service to report it at contact@BeBikeen.com.
Article 8 – Right of withdrawal
In accordance with the provisions of Article L 121-20 of the Consumer Code, the Customer has a period of fourteen calendar days from receipt of the order to exercise their right of withdrawal without having to justify reasons or pay penalties, except for return shipping costs.
To exercise the right of withdrawal, the Customer must send their request by email to contact@BeBikeen.com
To comply with the withdrawal deadline, the Customer must send their request before the withdrawal period expires.
Return Period
The Customer may return their product within 30 days from receipt of the product.
Product Condition
The product must be returned in its original condition and packaging, unused and unaltered. It must be in perfect condition, both functionally and aesthetically, and impeccably clean, with no signs of wear, dirt, assembly, or disassembly. In addition, all accessories, manuals, labels, documents, and other items provided with the product must be returned in full.
The Customer is responsible for the return transport of the product. They must ensure that it is perfectly packaged to avoid any risk of damage during transport. The packaging must be strong and protective enough to ensure the product arrives in perfect condition.
If, despite the provided instructions, the product does not meet the stated return conditions, then measures will be applied, such as a refund refusal and return of the package to the Customer at their expense.
Return Procedure
After return acceptance by email from BeBikeen customer service, the Customer may proceed with the return to the indicated address, making sure to write their full name and order number on the package label.
Return shipping costs are the Customer's responsibility as stated in Article L. 221-23 of the Consumer Code, except in the case of a defective product or one that does not match the order.
Refund
Receipt of the package in perfect condition, accompanied by the Customer’s full name, will trigger the refund process. The item will be refunded within 14 calendar days.
The refund will be made by the same payment method used for the purchase.
The outbound shipping cost will be refunded at the lowest rate offered by BeBikeen.
Exceptions
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to services fully performed before the end of the withdrawal period. Thus, in the event of withdrawal after the purchase of a product accompanied by a service already performed, only the product will be refundable, excluding the service.
Only individual consumers benefit from a right of withdrawal. Professional Customers cannot cancel or be refunded after their order is validated, which is then considered final.
Article 9 – Warranties
Legal warranty of conformity
In accordance with Articles L.217-3 to L.217-20 of the Consumer Code, all products sold by BeBikeen benefit from the legal warranty of conformity.
The Customer has a period of two years from delivery of the item to assert the legal warranty of conformity. During this period, the Customer is not required to prove the existence of the lack of conformity.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
In case of a lack of conformity, the Customer may request the repair or replacement of the item, or, failing that, a price reduction or contract cancellation under the conditions provided by law.
The Customer has a period of two years from delivery of the item to assert the legal warranty of conformity, in accordance with Articles L. 217-3 to L. 217-14 of the Consumer Code.
In case of non-conformity, they may request repair or replacement. However, the seller may refuse the consumer's choice if it entails a manifestly disproportionate cost compared to the other option, as specified in Article L. 217-9 of the Consumer Code.
The Customer is not required to prove the existence of the defect within twenty-four months following delivery.
This warranty applies independently of any commercial warranty that may be offered.
The consumer may also invoke the warranty against hidden defects, provided for in Articles 1641 to 1649 of the Civil Code. In this case, they may choose between cancelling the sale or a price reduction, in accordance with Article 1644 of the Civil Code.
Legal warranty against hidden defects
In accordance with Articles 1641 to 1649 of the Civil Code, all products sold by BeBikeen benefit from the legal warranty against hidden defects.
Commercial warranty
In addition to the legal warranties in force, BeBikeen offers its customers a free commercial warranty. A commitment to quality that provides the Customer with enhanced protection beyond the legal framework.
BeBikeen guarantees the frame and fork of its bikes for 5 years from the date of purchase.
This warranty covers any manufacturing or material defect affecting the strength or structure of the frame or fork, in the context of normal use by a child.
Aesthetic damage (scratches, paint chips, visual wear) or damage resulting from an accident, impact, or improper use are not covered.
Other parts of the bike (brakes, crankset, wheels, steering, saddle, original accessories, etc.) are covered for a period of 2 years from the date of purchase.
This warranty covers manufacturing defects affecting the normal functioning of the bike.
This commercial warranty is provided in writing via these General Terms and Conditions of Sale, available for download in PDF format.
Warranty claim procedure
For any request related to a legal or commercial warranty, the Customer must contact BeBikeen customer service at contact@BeBikeen.com
They must provide:
The proof of purchase (invoice),
A description of the issue encountered,
Explanatory photos or videos.
After evaluation, BeBikeen will proceed:
With the repair,
Replacement of the concerned part,
Or product exchange if necessary, at no cost to the Customer.
Warranty exclusions
BeBikeen’s liability cannot be engaged in the following cases:
Normal wear and tear (tires, inner tubes, brake pads, cables, housings...)
Damage caused by misuse or non-compliance with instructions
Damage due to negligence or lack of maintenance
Damage related to improper storage
Failure to follow assembly instructions
Damage caused by shock, fall, or accident
Damage resulting from intervention by an unauthorized third party
Article 10 – Defective or incomplete product
The products offered comply with French legislation in force and European standards.
The photos displayed on the Site are provided for illustrative purposes and do not constitute a contractual element or any commitment binding on BeBikeen. The Customer must refer to the description of each product for precise characteristics. In case of doubt or for additional information, the Customer must contact BeBikeen customer service at contact@BeBikeen.com.
Each product shipped by BeBikeen is inspected before dispatch. If, despite these efforts, one of the items is not suitable for the Customer, they must contact BeBikeen by email at contact@BeBikeen.com with their name, order number, and photos.
BeBikeen trusts its Customers and considers all requests made within a reasonable time, except for complaints that BeBikeen deems manifestly abusive.
Depending on the situation, a part will be sent, the item exchanged, or refunded.
In the event of an exchange or refund, BeBikeen will send the Customer a prepaid return label to attach to the package. The Customer will return the package via La Poste. The Customer will not have to pay anything. Upon receipt of the package, BeBikeen will process the refund or send a new product.
Article 11 – Intellectual Property
All content on the BeBikeen site (texts, images, logos, sounds, software, etc.) is the exclusive property of BeBikeen. Any reproduction, distribution, or use, even partial, is prohibited without prior written authorization.
BeBikeen grants the Customer a license to access and use the Site for personal use only. Any modification, download, or commercial use of the Site and its content is strictly prohibited without written agreement.
It is forbidden to copy visual elements, use duplication techniques, or embed hidden tags containing the BeBikeen name or trademarks without express authorization. Any infringement results in the immediate termination of the license and exposure to legal action.
Creating hyperlinks to the BeBikeen site is prohibited without prior written consent.
Article 12 – Eco-responsibility
Following the purchase of a new BeBikeen bike, the Customer is invited to recycle or dispose of their old bike responsibly. Several take-back solutions are offered to facilitate this approach:
The Customer may donate their old bike to an association or someone in need. For this, they may consult platforms such as donnons.org.
The Customer may resell their bike via peer-to-peer resale sites or garage sales to give it a second life.
If the bike cannot be donated or resold, the Customer is invited to take it to a recycling center or waste disposal site near their home. Collection point information is available on Maisondutri.fr or Ecosystem.
"1 for 1" take-back: If the Customer wishes to return their old bike, it must be of the same type and similar dimensions to the purchased product. The take-back request must be sent by email to contact@BeBikeen.com indicating the dimensions and weight of the package. A prepaid return label will be provided to return the bike by post. The bike must be disassembled, clean, and ready to be safely shipped. If these conditions are not met, the return will not be accepted, and the Customer will have to recycle the product themselves.
Unique identifiers
In accordance with the legislation relating to extended producer responsibility and Article L.541-10-13 of the Environmental Code, BeBikeen has, for the products it markets, a unique identifier for the following sector:
IUD ASL (Sport and Leisure Articles): FR285842_13ABHK
Citéo (Packaging Recycling): FR285842_01QIZO