Terms and conditions of sale / GCS
The present General Conditions are written in French only, a language that the Customer declares to understand perfectly, regardless of his country of residence!
Art 1. Acceptance of the General Conditions
The Customer declares to have been able to access the General Conditions from the websitehttps://www.cross-mania.com/en/cross-mania, have read them, understood the terms and accepted them without limitations or reservations. Any stipulations of any kind from the Customer or a third party are not enforceable against Cross-mania unless the latter expressly accepts them in writing.
Art 2. Rates
2.1 The prices indicated on the website https://www.cross-mania.com/en/cross-mania are expressed in euros, all taxes included (TTC), the shipping costs which are the responsibility of the customer are not included in the prices displayed. The shipping costs will be informed in the basket and before ordering.
2.2 The ordered articles are charged with the VAT rate of the country of delivery.
2.3 Cross-mania reserves the right to modify prices at any time. However, the products ordered by the Customer will be invoiced at the rate in force at the time the order was validated by the Customer, even if the article is not in stock (available) until later.
Art 3. Offers
3.1 The offers displayed on the website (https://www.cross-mania.com/en/cross-mania) are valid as long as they appear on the website and subject to the availability of the products concerned at Cross-mania.
3.3 Cross-mania reserves the right to modify the offers displayed on the site at any time.
3.5 The order confirmation mentioned in Article 5 will inform, if necessary, about the unavailability of the ordered items. The customer may also be informed of this, at Cross-mania's discretion, by e-mail, telephone or post, as soon as possible. The order for unavailable items will then be cancelled automatically and without prior notice, after a period of sixty days from the day on which the Customer validated his/her order, in accordance with the procedure set out in Article 5. Any sum paid by the Customer will then be returned as soon as possible without the Customer being able to claim interest. Cross-mania cannot be held responsible for the direct or indirect consequences of the cancellation of the order. The reimbursement of these products can be made either in the form of a credit note (purchase voucher) or by reimbursement by means of payment. Except the check which will be refunded by transfer only.
3.6 Cross-mania reserves the right in the event of a refund to reimburse the customer by any means of payment except by cheque, which will be reimbursed by bank transfer only.
Art 4. Conclusion of the contract
4.1 In order to access the Site (https://www.cross-mania.com/en/cross-mania) and to be able to place an order, the Customer must create an account according to the procedure described at the account creation.
4.2 The offer made by Cross-mania can only be considered to have been accepted by the Customer if the latter has placed an order in accordance with the procedure.
4.3 Once the order has been validated by the Client in accordance with the procedure. Cross-mania will immediately send an order confirmation to the Customer. The sales contract will be deemed to have been concluded at the time the order confirmation is made available to the Customer.
Art 5. Delivery
5.1 The ordered items will be delivered to the delivery address as indicated by the Customer on the order form available on the Site. This address will be confirmed to you before validation of the order and can be modified at any time in your account.
5.2 The Customer is solely responsible for the direct or indirect consequences of material errors when entering the delivery address, particularly if this address is incorrect or incomplete. Cross-mania will be validly released from its obligations by delivering to the address indicated by the Customer on the order form available on the Site. In the event of an error on the part of the Customer regarding the delivery address, it is the Customer's responsibility to re-pay the shipping costs incurred!
5.3 In the event of an order for several items, Cross-mania reserves the right to split deliveries without increasing the price for the Customer. The Customer may not demand such split deliveries, unless he/she bears the costs thereof.
5.4 Cross mania / https://www.cross-mania.com/en/cross-mania cannot be held responsible for the direct or indirect consequences of delays in delivery. In the event of an unusual delay, the customer will be informed by e-mail, telephone or post, as the company chooses.
5.5 In the event of force majeure (e.g. strikes, wars, fires, interruptions in means of transport, delays at suppliers), Cross-mania reserves the right to suspend the performance of its obligations or even to terminate the contract by right and without prior notice. Any sum paid by the Client will be returned to him/her as soon as possible without the Client being able to claim interest. Cross-manias cannot be held responsible for the direct or indirect consequences of the cancellation of the order.
5.6 In case of loss, spoliation or damage, the price of transport of your parcels includes an insurance up to the amount of the order. In case of loss, theft or breakage, the customer must report it on the delivery note to the delivery person, which will allow the insurance to be processed. If this is not done Cross-mania cannot be held responsible for this.
5.7 Delivery times: As explained in article 19.2 of these conditions, the delivery times are very important in the world of motorized 2-wheels, because the long supplier delays are commonplace as well as products out of production, it is not uncommon in the motorcycle to see products arrive under 1 month or worse 5 to 6 months! The company Cross-mania can not be held responsible and should not suffer the dissatisfaction of a customer on a delivery time if the article when ordering was indicated "not in stock". Cross-mania cannot be held responsible for delays in delivery due to stock shortages in our store or at the manufacturers. Some orders may contain restricted items that require a certain time for restocking.
Art 6. Reception and guarantee
6.1 The Customer undertakes to examine the items upon receipt.
6.2 The Customer benefits from the legal guarantee provided by the provisions of the Civil Code.
6.3 Products intended for tuning and competition are sold under the sole warranty of the manufacturers, as specified for each of them generally on the instructions or packaging.
6.4 The Customer must inform Cross-mania by registered letter, at the latest within 7 working days of receiving the article, of any defects or non-conformity. In this case, the article must be returned immediately to cross-mania. in its original new condition. In order to be valid, any claim must be made in accordance with the procedure.
6.5 The guarantee due in respect of lack of conformity, apparent or hidden defects consists, at the choice of Cross-mania and the manufacturer of the goods, either in the replacement of the defective articles by identical articles free of defects, or in the total reimbursement of its price, plus the shipping costs associated with the dispatch of the defective articles, without the Customer being able to claim interest. The Customer must, in accordance with the procedure described in the User Guide and within seven days of receiving the items, return them to Cross-mania by post. Cross-mania cannot be held responsible for the direct or indirect consequences of defects and faults in the items ordered.
6.6 Cross-mania shall choose the method of reimbursement of the amounts due to the Customer.
Art 7. Payment
7.1 In order to be valid, the payment made by the Customer must be in accordance with the procedure provided either by PAYPAL, ALMA, PAYPLUG, PRESTA CHECKOUT or by BANK TRANSFER.
7.2 Unless otherwise agreed, all sales shall be made in cash without discount, and payable before shipment to the Customer.
7.3 In all cases, the property of the articles remains with Cross-mania until full payment of the price of the articles, taxes and shipping costs relating thereto. Cross-mania reserves the right to defer the processing of the order until the price has been paid in full. If the means of payment used by the Customer do not result in the full payment of the price to Cross-mania before the day scheduled for the dispatch of the ordered items, the order will be cancelled automatically and without formal notice. Any sum paid by the Customer will be returned as soon as possible without the Customer being able to claim interest. Cross-mania cannot be held responsible for the direct or indirect consequences of the cancellation of the order.
Art 8. Right of withdrawal
8.1 The Customer may, in accordance with the procedure described in the User Guide and within 14 days of receiving the items, return them to Cross-mania for a refund of the price of the items, without penalties and without giving any reasons. In all cases, the return costs incurred by the Customer will remain at his/her expense. Cross-mania reserves the right to deduct the return costs not paid by the Customer from the amount of the refund.
8.2 Items that are returned incomplete or damaged, as well as items that are returned unsealed, will be returned to the Customer. The costs of returning the goods will be borne by the Customer. Cross-mania reserves the right to return the items to the Customer only after the said costs have been paid by the Customer.
Art 9 Security and accessibility
9.1 Cross-mania has paid the greatest attention to the security and confidentiality of transactions when developing the Site. The Customer acknowledges that the measures taken by Cross-mania are proportionate and sufficient to guarantee the security and confidentiality of the data relating to the Customer.
9.2 If, despite these technical protection measures, the information contained on the Site and/or the data transmitted by the Customer is intercepted, decrypted, transmitted to third parties, altered, modified, deleted or used by third parties, Cross-mania declines all responsibility for any direct or indirect consequences that may result.
9.3 Cross-mania declines all responsibility for the direct or indirect consequences of problems linked to the accessibility or availability of the Site, whatever the cause, and in particular in the event of breakdown, bug or unavailability of Cross-mania's and/or its suppliers' computer systems, or in the event of saturation or failure of the telecommunications networks.
9.4 Cross-mania declines all responsibility for the direct or indirect consequences of problems linked to the incompatibility of the Site with the Customer's computer equipment, its configuration, its Internet connection or in the event of the inability of the Customer's equipment to render the information contained on the Site and/or to transmit information relating to the Customer
9.5 Cross-mania declines all liability for the direct or indirect consequences of any damage caused to the Customer's hardware and/or software configuration, as well as any loss of data resulting from the use of the Site, the use of electronic means of communication between Cross-mania and the Customer, such as, but not limited to, electronic mail, and which could contain defects or computer viruses
Art 10. Responsibility
10.1 The products offered for sale on the Site comply with the Luxembourg legislation in force. The Customer is solely responsible for the direct or indirect consequences of non-compliance with the legislation of the country in which the ordered items will be delivered, depending on the delivery address provided by the Customer when placing the order.
10.2 The photographs and texts illustrating the products offered for sale on the Site are not contractual and are not binding on Cross-mania. Cross-mania cannot be held liable for the direct or indirect consequences of material errors relating to this information.
10.3 The products offered for sale on the Site are exclusively intended for the private needs of the Customer. Consequently, Cross-mania cannot be held liable for any direct or indirect damage, such as loss of business or turnover, loss of profit or loss of opportunity, in the context of the Customer's professional activity.
10.4 The User ID and password allocated to the Client to access the Site are strictly personal and confidential. Cross-mania. may not be held liable for the direct or indirect consequences of the use of the Customer's User ID and password or the use of the Customer's payment card by a third party.
10.5 Cross-mania. declines all responsibility for the content or possibly offensive nature of the products offered for sale on the Site.
10.6 The Site may contain links to other websites. Cross-mania accepts no responsibility for the content or possibly offensive nature of these sites.
Art 11. Applicable law and competent jurisdiction
11.1 This contract is subject to the law of the Grand Duchy of Luxembourg.
11.2 The courts of the judicial district of Luxembourg have exclusive jurisdiction to hear any dispute between the Customer and Cross-mania relating to the interpretation and performance of the contract binding them and of these General Terms and Conditions.
Art 12. Modification of the General Conditions
The General Conditions may be modified at any time. It is the Customer's responsibility to consult the General Terms and Conditions before placing any order via the Site. Cross-mania undertakes to apply the General Terms and Conditions in the version in force at the time the order is placed to each order placed by the Customer.
Art 13. Personal data
In order to process the order placed by the Customer, Cross-mania collects, processes and stores certain personal data relating to the Customer (the "Data"). These operations are carried out under the responsibility of Cross-mania. Insofar as the processing of the order is managed entirely by computer, the refusal by the Customer to fill in the forms on the Site will result in the refusal of the order. The Customer has the right to access and rectify his or her Data. The Data will be kept during the processing of the order, then stored for the purpose of proof of the existence and content of the order. Cross-mania Design undertakes not to communicate the Data to any third party, except insofar as such disclosure is necessary to provide proof of the existence and content of the order.
Art 14. Protection of privacy
14.1 Cross-mania complies with the provisions of the Act of 2 August 2002 on the protection of persons with regard to the processing of personal data.
14.2 The person responsible for processing your personal data is Cross-mania, whose registered office is located at9 avenue du blues L-4368 Belvaux, Grand Duchy of Luxembourg. If the Customer submits personal data, they will be entered into the customer files and processed: for the management of the customer file, the products and services offered; for market research; to inform the member of new products and services; for the realization of informative or promotional campaigns. The customer's personal data will not be transmitted to third parties.
14.3 Provided that the Customer sends a dated and signed request to Cross-mania, 9 avenue du blues L-4368 Belvaux, Grand Duchy of Luxembourg, and provided that he/she provides proof of his/her identity (copy of his/her identity card), the Customer may receive, free of charge, an overview of his/her personal data in writing and, if necessary, obtain a correction of any incorrect, incomplete or relevant data. Cross-mania will inform the Customer of the corrected data within 45 days of the request.
Art 15. heading of the articles
The titles of the articles are given for information purposes only: they should not be taken into account in interpreting the provisions of these General Conditions.
Art 16. Disjunction
Should any provision of the General Terms and Conditions be contrary to a mandatory provision or a provision of public policy, or should any provision be ineffective for any other reason, the validity of the remaining provisions of the General Terms and Conditions shall not be affected. The parties shall endeavour to replace the invalid or ineffective provision, insofar as possible, by an effective provision that preserves the contractual economy and reflects the original spirit underlying the General Terms and Conditions.
Art 17. Proof
The computer records, databases, books and documents of Cross-mania constitute proof of the existence and content of contracts and transactions concluded from the https://www.cross-mania.com/en/cross-mania website between Cross-mania and the Client.
Art 18. Languages.
The present General Conditions are written in French, English, Spanish, language that the Customer declares to know perfectly.
Art 19. Refunds and delivery time
19.1 Article 19 is very important in the motorcycle and 2-wheeler industry in general. In this field (which is also in crisis since a few years), it is not uncommon that there are longer delivery times than expected. Unfortunately, we are not able to give our customers an exact delivery time. Some parts can take 1 month or more to be delivered from one of our suppliers!
19.2 After a certain period of time, you may not want to wait for the article, do not hesitate to ask us by email for a replacement article or a refund, in this case we will make you a credit directly on your account! That you can use to buy other products. Depending on certain criteria, we are able to add a small discount coupon or free shipping to this refund in the form of a credit note.
We hereby inform our customers that this website contains certain products which are exclusively reserved for competition on closed circuits, tuning meetings, which implies that a use on the public highway or open road is strictly forbidden by the highway code! In no case the company Cross-mania can be held responsible if these conditions are not respected. Our website https://www.cross-mania.com/en/cross-mania is a virtual store intended to market our products to all our customers regardless of their place of residence (insofar as it respects our carrier contract and Article 4.3 of our general conditions). The customer, when buying on our site, acknowledges that he/she is buying from a store located abroad in the country of Luxembourg, which has different sales laws and approvals. The purchase of items on our site is considered a sale in our store located at 9 avenue du blues L-4368 Belvaux, Luxembourg, the invoice will be with VAT (value added tax) adapted to the country of delivery. The customer will have by himself before purchase to inquire about the homologation of the parts in competition or on road according to his country.