Terms of Sales

The website www.bckl.com (the "Site") is published by Borner, a simplified joint-stock company with capital of €1,000, whose registered office is located at 31 Lotissement Les Jardins d'Eoures, Aubagne (13400), registered in the Trade and Companies Register of Marseille under number xxxx, whose intra-community VAT number is FRxxxx (hereinafter "Born").

Article 1. Application of the general conditions of sale

These conditions of sale (the "GTC") apply to all orders for products and services placed via the Site (the "Products") with Borner by any person (the "Customer").

The GCS aim to define the contractual relationship between Borner and the Customer and the conditions applicable to any purchase made through the Site, whether the buyer is a professional or a consumer.

The Customer must read the T&Cs prior to any order (the

“Order”), the T&Cs being freely available on the Site.

The T&Cs shall prevail over any other general or specific conditions not expressly approved by Borner.

Borner reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the Site at the time of the Order. Consequently, the fact of placing an Order requires full prior acceptance and, without reservation, of the T&Cs by the Customer.

Article 2. Information on the Site and accessibility of the Site

The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by Borner or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below). Borner cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

Borner does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. Borner cannot be held responsible for problems with data transmission, connection or unavailability of the network.

Borner reserves the right to change the Site, for technical or commercial reasons.

When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.

Article 3. Characteristics of the Products

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Borner. As such, Borner cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.

Borner takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts. In addition, the Customer may have access to the documentation of the supplier of the Products.

The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors.

Borner does not guarantee the accuracy or security of the information transmitted or obtained through the Site.

It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that Borner only accepts the return of undamaged and unused Products, these two conditions being checked before returning the returned Products to stock.

The Products and services offered are those listed in the catalog published on the Borner website.

Article 4. Orders

Taking an Order on the Site is subject to compliance with the procedure set up by Borner on the Site comprising successive stages leading to the validation of the Order.

The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs. All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Borner. To this end, the Customer formally accepts the use of electronic mail for confirmation by Borner of the content of his Order.

Borner reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite Borner's best efforts to meet Customers' expectations, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.

Borner cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order.

Borner also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.

Article 5. Price and terms of payment

The prices of the Products are indicated in euros, including VAT, but excluding customs fees, other taxes and any administrative costs related to delivery. Furthermore, any change in the rate may be passed on to the price of the Products.

Borner reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the Site on the day of the Order will be the only one applicable to the Customer.

Bank card:

The price is payable when ordering. Payments will be made by credit card; they will be carried out through the Stripe secure system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and that no third party can read it during transport on the network. The buyer's account will be debited after validation of the order. The Company reserves the right to suspend or cancel

any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Consumer to the Company, in the event of payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

An invoice showing the VAT is available at any time in the buyer's account, or on simple request.

Payment in 2 and 3 installments free of charge:

For any purchase between €500 and €5,000, the Consumer has the option of immediately paying for his Order in 2 or 3 instalments by credit card. Payment in 2 or 3 installments free of charge is offered from 500€ of purchase. The Company accepts: Carte bleue, Visa, Mastercard.

For payment in 3 instalments, the installments are debited according to the following rule: the contribution (1/3 of the order) is debited upon validation of the Order, the first monthly payment is debited 1 month after the validation of the Order, the second monthly payment is debited 2 months after the validation of the Order and the third monthly payment 3 months after the validation of the order.]

Article 6. Delivery

Borner delivers its Products worldwide (the “Geographical Zone”). The shipping costs include a contribution to the preparation and packaging costs as well as the postage costs. The amount of these costs is indicated in the "basket" section and is subject to the Customer's approval before validation of each Order. For shipments outside Europe, all customs fees, other taxes and any administrative costs remain the responsibility of the Customer.

Deliveries are provided by the services of a carrier, from Monday to Saturday. Delivery means the transfer to the Customer of physical possession of the Product(s) (the “Delivery”).

Borner undertakes to deliver the Products to its carrier within one (1) working day after receipt of full payment for the Order.

The risk of loss or deterioration of the Product is transferred to the Customer when the Product is delivered to the carrier.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person of his choice. Delivery cannot be made to hotels or to PO boxes.

Delays in delivery cannot give rise either to the payment or to the claim for compensation from Borner in the event that such a delay is either attributable to the Customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure.

The Customer is informed by email, when his Order is ready, of its shipment. The Product(s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in Article 4 of these GCS.

The Customer must ensure that the information communicated referred to in article 4. and mentioned in the confirmation email is correct, and that it remains so until complete delivery of the Product(s) ordered. . The Customer therefore undertakes to inform Borner of any change in billing and/or Delivery details that may occur between the Order and the Delivery, by sending, without delay, an email to the email address at the following address


The Customer who accepts a Product without making any reservations to the carrier accepts it as is. He is then deprived of any possibility of formulating a complaint with regard to the Delivery. In the event of deterioration or partial loss of the Product, the Customer must imperatively formulate reservations on receipt of the Products on the delivery slip, a duplicate of which is sent to Borner and, within 3 (three) days of this receipt, notify these reservations to the carrier by registered letter with request for acknowledgment of receipt.

If the product does not comply with the Order, the Customer must send a complaint to Borner in order to obtain the replacement of the Product or possibly the resolution of the sale.

Article 7. Refunds and returns

7.1 Deadline and procedures for exercising the right of withdrawal

In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Borner, without having to justify its decision, nor pay any penalties except for the return costs, to return them to Borner for the purpose of exchange or refund.

The exercise of the right of withdrawal is carried out either via the customer account by using the Return module, or by completing and sending the withdrawal form appearing in Appendix 1 of the General Conditions of Sale, to the following address: Borner – 31 Les Jardins d'Eoures housing estate – 13400 Aubagne or by email at the following address laura_bckl@outlook.com.

7.2 Terms of return of the Order under the right of withdrawal

The right of withdrawal is exercised without penalty. The Customer returns the Order, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.

Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, unused and in perfect condition. To make a return, the Customer must follow the procedure indicated on the return form received with his Order.

The return of the Products is covered by Borner if the place of Delivery is in a country other than France, please contact customer service at laura_bckl@outlook.com.

The return of the Products is the responsibility of the Customer and is at his own risk if the place of Delivery is not in the aforementioned countries.

7.3 Reimbursement of Products returned under the right of withdrawal

Reimbursement of the Order by Borner is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.

However, the refund takes place provided that Borner has been able to recover the Products subject to the return and the refund request, in a state of resale.

Borner makes the refund using the same means of payment as the one used to pay for the Order. If this means of payment has expired, the Customer must contact customer service to modify the method of reimbursement. Borner cannot be responsible for reimbursement on an expired means of payment.

If the Customer fails to comply with these T&Cs, Borner will not be able to proceed with the

reimbursement of the Products concerned. In all cases, return costs are borne by Borner if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

Article 8. Warranty

Duration of guarantees for BCKL Electrically Assisted Bicycles:

- for executive life;

- 2 years electrical components (excluding wearing parts);

- 2 years mechanical components (excluding wearing parts).

All the Products supplied by Borner benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code.

In the event of non-compliance of a Product sold, it may be returned to the seller who will take it back, exchange it or refund it.

All complaints, requests for exchange or reimbursement must be made within thirty days of Delivery.

All Products pass a quality test. Nevertheless, the Customer has a period of 2 months after receipt of the Product (or 50 km of use) to report a manufacturing defect. The warranty does not take into account damage caused by clumsiness or abuse by the Customer.

Limitation of liability

Borner's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. Borner will not be liable for the following losses, regardless of their origin:

- loss of income or sales,

- operating loss,

- loss of profits or contracts,

- loss of expected savings,

- data loss,

- loss of work or management time,

- image damage,

- loss of opportunity, and in particular of ordering a Product,

- moral damage.

Borner is only required to deliver Products that comply with the contractual provisions.

The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such Products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

In addition, SAS Borner guarantees consumer Customers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:

  • Legal guarantees:

All Products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return free of charge the Products delivered which are defective or non-compliant.

  • Legal guarantee of conformity

Article L.217-4 of the Consumer Code: "The seller is required to deliver a good

conforms to the contract and responds to any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L.211-5 of the Consumer Code: “To comply with the contract, the goods must:

1) Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model ; present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. ".

Article L.211-7 of the Consumer Code: "The lack of conformity which

appear within a period of twenty-four months from the delivery of the goods are

presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, the duration mentioned in the first paragraph of this

article is reduced to six months.

The seller can combat this presumption if it is not compatible with

the nature of the good or the alleged lack of conformity”.

Article L.211-9 of the Consumer Code: “In the event of lack of conformity,

the buyer chooses between the repair and the replacement of the good.

However, the seller may not proceed according to the choice of the buyer if this choice

entails a manifestly disproportionate cost compared to the other modality,

taking into account the value of the good or the importance of the defect. He is then required to

proceed, unless it is impossible, according to the method not chosen by the buyer”.

Article L.211-10 of the Consumer Code: "If the repair and replacement of the goods are impossible, the buyer may return the goods and be reimbursed the price or

keep the property and get part of the price back.

The same option is open to him:

1° If the solution requested, proposed or agreed pursuant to Article L.

211-9 cannot be implemented within one month following the claim of

the buyer;

2° Or if this solution cannot be without major inconvenience for this account

given the nature of the property and the intended use.

The resolution of the sale cannot however be pronounced if the lack of conformity

is a minor”.

Article L.211-11 of the Consumer Code: "The application of the provisions of the

articles L. 211-9 and L. 211-10 takes place at no cost to the buyer. These same

provisions do not preclude the award of damages”.

Article L.211-12 of the Consumer Code: "The action resulting from the lack of

compliance is prescribed by two years from the delivery of the goods”.

  • Warranty against hidden defects

Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them".

Article 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded. ".

Article 1645 of the Civil Code: "If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages and interest towards the buyer".

Article 1646 of the Civil Code: “If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale. ".

Article 1647 of the Civil Code: "The action resulting from redhibitory defects must be

brought by the purchaser within a period of two years from the discovery of the


Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be

brought by the purchaser within two years from the discovery of the

vice. In the case provided for by article 1642-1, the action must be brought, on pain of

foreclosure, in the year following the date on which the seller can be released from

apparent defects or lack of conformity”.

As part of the legal guarantee against hidden defects, Borner, at the Customer's choice, undertakes, after evaluation of the defect:

- Either to reimburse the full price of the returned Product,

- Either to reimburse part of the price of the Product if the Customer decides to keep the Product.

  • Disclaimer of Warranties

Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover Products damaged during transport after Delivery or due to improper use.

  • Terms of implementation of guarantees:

For any request concerning legal guarantees, the Customer must then contact Customer Service on laura_bckl@outlook.com or by telephone on 06 18 69 60 03.

These provisions are not exclusive of the right of withdrawal defined in Article 7 above.

  • Consequences of the implementation of legal guarantees:

As part of the legal guarantee of conformity, Borner undertakes, at the Customer's choice:

- either to replace the Product with an identical Product depending on available stocks;

- or to reimburse the price of the Product if the replacement of a Product proves impossible.

  • Major Forces:

In the event of the occurrence of an event of force majeure preventing the execution of these GCS, Borner informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment reception.

Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case independent of the

will of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three

(3) months, the transaction concerned may be terminated at the request of Borner or the

Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

Article 9. Liability

Borner, in the online sales process, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

Article 10. Intellectual property

All elements of the Site are and remain the exclusive intellectual property of Borner. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the Site, whether material, software, visual or sound.

Article 11. Personal data

In accordance with the applicable regulations relating to data processing, files and freedoms, information of a nominative nature relating to Customers may be subject to automated processing.

Borner reserves the right to collect information on buyers, including by using cookies, and, if it wishes, to transmit the information collected to business partners.

Customers may oppose the disclosure of their details by notifying Borner.

Likewise, users have the right to access and rectify data concerning them, in accordance with applicable regulations.

Article 12. Archiving - Proof

Borner will archive the invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

Borner's computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 13. Retention of title

Borner retains full ownership of the Products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.

Article 14. Partial invalidity

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

Article 15. Non-waiver

No tolerance, inaction or inertia on the part of Borner may be interpreted as a waiver of its rights under the terms of the GCS.

Article 16. Applicable law - Competent jurisdiction - Mediation

The sale of the Products and these T&Cs are subject to French law.

In the event of a complaint not resolved amicably by customer service, and in accordance with article L612-1 of the Consumer Code, the Customer may contact the dispute resolution platform put online by the European Commission at following address: http://ec.europa.eu/consumers/odr/.

In the absence of amicable resolution, any dispute relating to the interpretation of the GCS, the execution or termination of a sale, the interpretation, execution or termination of these presents is submitted to the courts with legal jurisdiction in this regard. regarding consumers and the Commercial Court of Marseille regarding professionals.


(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)

For the attention of Borner – 31 Les Jardins d'Eoures housing estate. 13400 Aubagne

Email: laura_bckl@outlook.com

I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) below:

Ordered on …………….. (order date) and/or received on …………….. (delivery date)

Name of Consumer Client:

Address of the Consumer Client:

Signature of the consumer Client:

Date :

For any information, you can contact Customer Service at laura_bckl@outlook.com or by phone at 06 18 69 60 03.