Terms of sale

 

These General Terms and Conditions of Sale, hereinafter the “GTCS”, govern the sales of Products made on the GEN PERFORMANCE website between the company GEN PERFORMANCE and its Customers who are consumers or non-professionals.

Sales made by GEN PERFORMANCE to customers acting for professional purposes may be subject to separate professional general terms and conditions of sale.

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1. Identity of the seller

The GEN PERFORMANCE website is operated by:

GEN PERFORMANCE – SASU with a share capital of €250
President: Maxime GENIN
Registered office: 13 Route de Toulouse, 31490 Léguevin – France
952 440 725 R.C.S. Toulouse
SIRET: 952 440 725 00010
Intra-community VAT number: FR 74 952440725
Telephone: +33 7 62 35 02 73
E-mail: contact@gen-performance.com

Hereinafter referred to as “GEN PERFORMANCE” or the “Seller”.

2. Scope

These GTCS apply to any order for Products placed with GEN PERFORMANCE by a consumer or a non-professional.

They set out, in particular, the conditions relating to ordering, payment, delivery, withdrawal, guarantees and the settlement of any disputes.

The applicable GTCS are those accepted by the Customer when confirming their order.

Confirming an order implies acceptance of these GTCS in their entirety.

GEN PERFORMANCE may amend these GTCS for future orders. Any amendment has no retroactive effect on a contract already concluded.

3. Customer’s capacity

The Customer declares that they have the legal capacity required to enter into the contract.

Where the order is placed on behalf of a third party, the Customer warrants that they have the authorisation required to act on that party’s behalf.

4. Products

The Products offered for sale are those presented on the GEN PERFORMANCE website at the time the Customer consults it.

GEN PERFORMANCE endeavours to present their essential characteristics clearly and accurately, in particular their part number, intended use, compatibility, finish and, where relevant, their homologation status.

Photographs and illustrations are intended to represent the Products as accurately as possible.

Slight differences in colour, finish, presentation or appearance may nevertheless exist, in particular due to screen display, the lighting used for the photographs or minor changes made by the manufacturer.

However, these differences cannot concern an essential characteristic announced to the Customer.

Where, before shipment, a manufacturer makes a substantial change affecting an essential characteristic of the Product ordered, GEN PERFORMANCE informs the Customer so that, depending on the circumstances, they may accept the change or obtain cancellation and a refund for the Product concerned.

5. Compatibility with the motorcycle

The compatibility information shown on the Product pages is based on the information provided by manufacturers and suppliers and on the technical data available to GEN PERFORMANCE.

Before ordering, the Customer is asked to check:

• the make of their motorcycle;
• the exact model;
• the version;
• the year or model year;
• and, where relevant, any equipment or modifications already present on the vehicle.

If in doubt, the Customer is invited to contact GEN PERFORMANCE before placing an order.

Where GEN PERFORMANCE expressly presents a Product as compatible with a precisely identified vehicle, that compatibility constitutes a contractual characteristic of the Product, provided that the Customer has correctly identified their vehicle.

GEN PERFORMANCE cannot be held liable for an incompatibility resulting from incorrect information provided by the Customer or from a modification of the vehicle of which GEN PERFORMANCE was not aware and which affects the compatibility of the Product.

6. Homologation, road use and Products intended for track use

Some Products sold by GEN PERFORMANCE are homologated for use on public roads, while others may be reserved for competition, track use, display or off-road use.

Where this information is available and relevant, the homologation status or specific intended use of the Product is indicated on its page.

The mention “Racing”, “Race”, “Track”, “Circuit”, “Non homologué route” (not road-legal), “Usage piste” (track use) or any equivalent mention means that the Product may be subject to restrictions on use on public roads.

The Customer remains responsible for using the Product in accordance with the regulations applicable to the vehicle and the territory concerned.

However, this responsibility of the Customer does not limit GEN PERFORMANCE’s obligation to provide accurate information where a Product is expressly presented as homologated or compatible with a specific use.

7. Installation and fitting of Products

Given the technical nature of certain Products, their installation may require specific mechanical, electrical or electronic knowledge.

The Customer must follow the instructions, guidelines, tightening torques and recommendations provided by the manufacturer where they exist.

Where the nature of the Product or the manufacturer’s instructions justify it, GEN PERFORMANCE recommends having the fitting carried out by a qualified professional.

Whether or not a professional is used does not, on its own, remove the legal guarantees applicable to the Product.

On the other hand, damage that is established to result, in particular, from incorrect fitting, over-tightening, the use of an unsuitable tool, a wiring error, an unforeseen modification or failure to follow the manufacturer’s instructions does not necessarily constitute a defect in the Product.

8. Product availability

Products are offered subject to availability from GEN PERFORMANCE and its manufacturers or suppliers.

Depending on the part number, a Product may be:

• available in stock at GEN PERFORMANCE;
• available from a manufacturer or supplier;
• available to order;
• being restocked;
• temporarily unavailable;
• or subject to a specific procurement time.

The lead time communicated to the Customer before the order is concluded takes into account, where applicable, procurement from the manufacturer or supplier.

The fact that a standard Product is specially ordered from a manufacturer or supplier following the Customer’s order does not turn that Product into a personalised Product and does not, on its own, remove the statutory right of withdrawal.

If, after the contract has been concluded, performance becomes impossible because the Product is permanently unavailable, GEN PERFORMANCE informs the Customer and refunds the sums corresponding to the Product that cannot be supplied.

9. Prices

Product prices are stated in euros, including all taxes (incl. VAT), excluding any delivery charges, unless otherwise indicated, in particular depending on the destination of the order.

The applicable delivery charges are shown to the Customer before final confirmation of the order.

For orders to a country or territory subject to different tax rules, the amount and nature of the applicable taxes may be adjusted in accordance with the regulations in force. The amount actually due is shown to the Customer before final confirmation of their order.

GEN PERFORMANCE may change its prices at any time for future orders.

A price change after an order has been confirmed does not affect the price of that order.

In the event of an obvious pricing error resulting, in particular, from a computer, typographical or technical error, GEN PERFORMANCE may contact the Customer to offer them the choice of confirming their order at the correct price or cancelling it and obtaining a refund of any sums collected.

10. Orders outside the European Union and territories subject to customs formalities

Depending on the destination of the order, customs duties, import taxes, administrative fees or other levies may be charged by the authorities or the carrier.

Where these sums are not included in the amount paid to GEN PERFORMANCE, they are payable by the recipient in accordance with the regulations of the country or territory concerned.

The Customer is asked to enquire about the formalities, import restrictions and any local obligations applicable to the Product before ordering.

The tax treatment of the order is determined in accordance with the applicable rules, in particular according to the delivery address.

11. Ordering process

The Customer selects the Products they wish to purchase and adds them to their cart.

Before final confirmation, they can check the selected Products, quantities, prices and delivery information and correct any errors.

The Customer must provide accurate, complete and up-to-date information.

Final confirmation of the order by means of the button implying an obligation to pay constitutes the Customer’s commitment to pay the price indicated.

After confirmation, GEN PERFORMANCE sends the Customer an order confirmation on a durable medium, generally by e-mail.

This confirmation sets out the essential information of the order and the contractual information required by the regulations.

12. Refusal or cancellation of an order by GEN PERFORMANCE

GEN PERFORMANCE may refuse or cancel an order for a legitimate reason, in particular in the event of:

• failure or refusal of payment;
• a serious and objectively justified suspicion of fraud;
• fraudulent use of a means of payment;
• permanent impossibility of procurement;
• an obvious error affecting the price or an essential characteristic of the Product;
• or a previous dispute relating to the payment of an order where this reason objectively justifies refusing a new order.

Where GEN PERFORMANCE cancels an order after payment has been collected and no Product is owed to the Customer, the corresponding sums are refunded.

13. Payment

The price is payable at the time of ordering, unless a deferred or instalment payment method is offered to the Customer.

The payment methods actually available are presented when the order is placed.

They may in particular include:

• bank cards accepted by the payment service provider;
• PayPal;
• Apple Pay;
• payment in instalments with Oney;
• payment in instalments offered by PayPal where available;
• and any other payment method offered at checkout.

Card payments are processed by means of a secure payment solution.

GEN PERFORMANCE does not have access to the Customer’s full bank details when these are processed directly by the payment service provider.

13.1. Payment in instalments with Oney

GEN PERFORMANCE may offer eligible Customers a payment-in-instalments solution, in particular in 3 or 4 instalments, provided by Oney Bank.

The availability of this solution depends in particular on the amount of the order, the Customer’s country, the payment method used and the eligibility criteria defined by Oney.

The conditions actually applicable to the financing or payment facility chosen are those communicated directly to the Customer by Oney before they confirm.

This information may in particular include:

• the amount financed;
• the amount of the first payment;
• the number and amount of the instalments;
• the debit dates;
• any fees or interest;
• the applicable rate where a rate must be disclosed;
• the eligibility conditions;
• the terms for executing the payment;
• and any rights attached to the contract concluded with Oney.

By selecting payment with Oney and confirming their application, the Customer acknowledges having read and accepted Oney’s customer contractual terms as well as the legal notices and information presented by Oney during the application process.

Acceptance of the instalment payment application is solely a matter for Oney, which may accept or refuse the application in accordance with its own criteria and regulatory obligations.

GEN PERFORMANCE cannot guarantee that an application for payment in instalments will be accepted by Oney.

If Oney refuses, the Customer may, where possible, select another payment method offered by GEN PERFORMANCE.

As the commercial conditions, thresholds, fees, rates and terms of Oney’s solutions may change, the information communicated directly to the Customer by Oney before they commit prevails for the payment or financing contract concerned.

Using Oney neither reduces nor modifies the Customer’s rights against GEN PERFORMANCE under the sales contract, in particular with regard to delivery, conformity, legal guarantees or the right of withdrawal.

The consequences of any withdrawal or cancellation for the Oney contract are determined in accordance with the applicable legal provisions and the contractual terms communicated by Oney.

13.2. Payment in instalments offered by another provider

Where payment in instalments or deferred payment is offered by PayPal or any other provider, the specific terms of that service are those communicated to the Customer by the provider concerned before they commit.

The use of this service is subject to the provider accepting the application and to its own contractual terms.

14. Delivery

Products are delivered to the countries and territories offered when the order is placed.

Delivery is made to the address or pickup point selected by the Customer.

The Customer must check that the delivery information they provide is accurate and complete.

GEN PERFORMANCE delivers the Product on the date or within the period indicated to the Customer before the contract is concluded.

In the absence of an indicated date or period, delivery takes place without undue delay and at the latest within thirty days of the conclusion of the contract, unless otherwise agreed between the parties under the conditions provided for by law.

Certain Products may be subject to a procurement time from the manufacturer or supplier. The lead time communicated before the order takes this into account where it is known.

An order comprising several Products may be shipped in several parcels, in particular where the Products have different procurement times.

Unless otherwise agreed with the Customer, such splitting of the shipment must not result in delivery charges in addition to those accepted at the time of the order.

15. Late delivery

In the event of delay compared with the announced date or period, the Customer has the rights provided for by Articles L.216-1 et seq. of the French Consumer Code (Code de la consommation).

Where the legal conditions are met, the Customer may in particular give GEN PERFORMANCE formal notice to make the delivery within a reasonable additional period.

If GEN PERFORMANCE does not perform within this period, the Customer may terminate the contract under the conditions provided for by law.

Where the delivery date or period is an essential condition of the contract and this results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer accepted by GEN PERFORMANCE, the Customer has the rights provided for by the applicable regulations.

16. Receipt of the order and transport damage

On receipt, the Customer is asked to check the external condition of the parcel and the condition of the Products.

In the event of visible damage, a missing Product or a clearly damaged parcel, it is recommended to take photographs and contact GEN PERFORMANCE promptly.

The Customer may also record reservations with the carrier where useful.

However, failure to record reservations with the carrier within a given period does not automatically deprive the consumer of their rights against GEN PERFORMANCE where GEN PERFORMANCE remains legally responsible.

17. Transfer of risk

Where GEN PERFORMANCE offers or arranges the transport, the risk of loss of or damage to the Product passes to the consumer when the consumer, or a third party designated by them other than the carrier, takes physical possession of the Product.

Where the consumer entrusts delivery to a carrier of their own choosing that was not offered by GEN PERFORMANCE, the risk passes under the conditions provided for by law.

18. Incorrect address, unclaimed parcel or impossible delivery

The Customer is responsible for the accuracy of the delivery information they provide.

Where a parcel is returned to GEN PERFORMANCE due to an incorrect or incomplete address provided by the Customer, failure to collect it within the time limits or another circumstance directly attributable to the Customer, GEN PERFORMANCE may contact the Customer to arrange a new shipment.

The direct and reasonable costs of a new shipment may be charged to the Customer where they actually result from the circumstance attributable to them.

This provision does not limit the consumer’s mandatory rights, in particular their right of withdrawal where it applies.

19. Retention of title

GEN PERFORMANCE retains ownership of the Products until full payment of the price.

This retention of title does not affect the legal rules on the transfer of risk to the consumer.

20. Modification or cancellation of an order

Given how quickly some orders are prepared or procured, a modification or cancellation requested after confirmation is not always technically possible.

The Customer is asked to contact GEN PERFORMANCE as quickly as possible.

Where a modification can be made before shipment or final processing of the order, GEN PERFORMANCE may accept it.

The impossibility of modifying or administratively cancelling an order before it is shipped does not deprive the consumer of their statutory right of withdrawal where it applies.

21. Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code (Code de la consommation), the consumer generally has a period of fourteen (14) days to exercise their right of withdrawal.

The detailed arrangements relating to:

• the starting point of the period;
• the exercise of the withdrawal;
• the return of the Products;
• return costs;
• any depreciation of a Product that has been fitted or used;
• filters, consumables, exhausts, mechanical and electronic parts;
• personalised Products;
• refund periods and methods;
• and the model withdrawal form.

These arrangements are detailed in the GEN PERFORMANCE Returns, Withdrawal and Refund Policy, available on the website.

This policy supplements these GTCS.

No provision of these GTCS or of the Returns Policy may have the effect of reducing the mandatory rights granted to the consumer by law.

22. Exceptions to the right of withdrawal

The right of withdrawal cannot be exercised, in particular, in the cases provided for by Article L.221-28 of the French Consumer Code (Code de la consommation).

For GEN PERFORMANCE’s business, this may in particular concern goods made to the Customer’s specifications or clearly personalised.

Depending on the Products offered, this may for example be a part specially:

• machined;
• engraved;
• cut;
• modified;
• manufactured;
• or configured according to the Customer’s individual instructions.

Where a Product falls under an exception to the right of withdrawal, this information is communicated to the Customer before the order is concluded.

The fact that a standard Product is specially ordered from a manufacturer or supplier after the Customer’s order does not, on its own, constitute personalisation excluding the right of withdrawal.

23. Legal guarantee of conformity

GEN PERFORMANCE is bound by the legal guarantee of conformity under the conditions provided for by Articles L.217-1 et seq. of the French Consumer Code (Code de la consommation).

24. Implementation of the legal guarantee of conformity

In the event of a lack of conformity, the Customer may contact GEN PERFORMANCE:

E-mail: contact@gen-performance.com
GEN PERFORMANCE – SASU
13 Route de Toulouse
31490 Léguevin – France

The Customer is asked to provide their order number, the Product part number and any information describing the problem observed.

GEN PERFORMANCE may request the photographs, videos or technical information reasonably necessary to identify the Product and the alleged defect.

This request for information cannot have the effect of depriving the consumer of their rights where the conditions of the legal guarantee are met.

Where bringing the Product into conformity requires its return, GEN PERFORMANCE informs the Customer of the practical return arrangements in accordance with the applicable regulations.

The Product is brought into conformity free of charge for the consumer under the conditions provided for by law.

25. Damage resulting from fitting or use

The legal guarantee of conformity covers defects falling within the conditions provided for by law.

It is not intended to cover damage that is established to result from a cause external to the Product or from a fact attributable to its use, in particular:

• incorrect installation carried out after delivery where that installation is not the responsibility of GEN PERFORMANCE or covered by the instructions it provided;
• unsuitable tightening or fitting;
• a fall, an impact or an accident;
• abnormal use or use contrary to the announced intended use of the Product;
• a modification not provided for or not authorised by the manufacturer;
• a lack of maintenance;
• or normal wear and tear of the Product.

Each situation is assessed in light of its circumstances and the applicable legal rules.

26. Guarantee against hidden defects

Independently of the legal guarantee of conformity, the Customer benefits from the guarantee against hidden defects provided for by Articles 1641 et seq. of the French Civil Code (Code civil).

This guarantee may be invoked where a hidden defect existing at the time of sale renders the Product unfit for its intended use or so diminishes that use that the Customer would not have purchased it, or would only have paid a lower price for it, had they known of it.

The action for hidden defects must be brought under the conditions and within the time limits provided for by the French Civil Code (Code civil).

27. Commercial guarantees and manufacturer warranties

Certain Products may benefit from a commercial guarantee offered by their manufacturer, their importer or, exceptionally, by GEN PERFORMANCE.

Where such a guarantee exists, its specific conditions, duration, scope and terms are those communicated to the Customer under the conditions provided for by the regulations.

A commercial guarantee or manufacturer warranty is in addition to the legal guarantees and does not replace them.

The fact that a commercial guarantee is limited in time in no way reduces the duration or scope of the applicable legal guarantees.

28. Products used in competition or on track

Using a Product in competition, in intensive sporting activity or on track does not automatically remove the legal guarantees.

However, the analysis of any defect may take into account the normal conditions of use intended for the Product, its announced intended use and the stresses to which it was actually subjected.

A Product expressly designed and sold for Racing or track use must be assessed in light of the intended use announced by its manufacturer and by GEN PERFORMANCE.

29. Liability

GEN PERFORMANCE is liable for its obligations in accordance with the applicable legal provisions.

However, GEN PERFORMANCE cannot be held liable for damage that is shown to result exclusively from:

• a fault of the Customer;
• an incorrect installation or modification not attributable to it;
• failure to follow the manufacturer’s instructions;
• use of the Product outside its normal or announced intended use;
• or the unforeseeable and insurmountable act of a third party where the legal conditions are met.

No provision of these GTCS is intended to, or has the effect of, excluding or limiting liability that the law prohibits from being excluded or limited.

30. Force majeure

Neither party may be held liable for a failure resulting from an event meeting the conditions of force majeure within the meaning of Article 1218 of the French Civil Code (Code civil).

The affected party informs the other party as soon as possible where this event has a significant impact on the performance of the contract.

The consequences of the event on the contract are determined in accordance with the applicable legal provisions.

31. Personal data

The personal data collected when placing an order is processed under the conditions described in the GEN PERFORMANCE Privacy Policy available on the website.

The data necessary for the preparation, payment, delivery, after-sales service and performance of the order may be passed on to the service providers strictly necessary for these operations, in particular:

• payment service providers;
• institutions offering a payment-in-instalments solution;
• carriers;
• technical service providers;
• and, where necessary for the performance of the order, the suppliers or partners concerned.

The Customer’s rights regarding their personal data may be exercised under the conditions set out in the Privacy Policy.

32. Intellectual property

The elements making up the GEN PERFORMANCE website, in particular texts, photographs, graphics, logos, creations, visual elements and original content, are protected by the applicable intellectual property rights.

The GEN PERFORMANCE trademark and the protected elements belonging to GEN PERFORMANCE may not be reproduced or used without authorisation where such use infringes the rights held by GEN PERFORMANCE.

Trademarks, logos, photographs and other content belonging to manufacturers or partners remain the property of their respective owners.

33. Evidence and archiving

The data recorded by the IT systems of GEN PERFORMANCE and its service providers may constitute evidence of orders, communications and payments, subject to the applicable legal rules.

Contracts and documents relating to orders are kept for the periods required by the applicable regulations.

Where the law provides for the Customer’s access to an archived contract, GEN PERFORMANCE provides it on request under the applicable legal conditions.

34. Customer Service and complaints

For any question or complaint regarding an order, the Customer may contact:

GEN PERFORMANCE – Customer Service
13 Route de Toulouse
31490 Léguevin – France
Telephone: +33 7 62 35 02 73
E-mail: contact@gen-performance.com

To facilitate the handling of their request, the Customer is asked to state their order number and the part number of the Product concerned.

No contractual complaint period provided for in these GTCS may have the effect of reducing or removing a statutory period available to the consumer.

35. Consumer mediation

In accordance with Articles L.612-1 et seq. of the French Consumer Code (Code de la consommation), the consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute with GEN PERFORMANCE, after first sending a written complaint to GEN PERFORMANCE.

The mediation request must meet the admissibility conditions laid down by the French Consumer Code (Code de la consommation) and by the competent mediator.

36. Applicable law

These GTCS and the contracts concluded with GEN PERFORMANCE are governed by French law.

Where the Customer is a consumer residing in another State benefiting from mandatory consumer protection provisions, the choice of French law cannot have the effect of depriving them of the protection afforded to them by the mandatory provisions from which no derogation by agreement is possible.

37. Dispute resolution and competent court

In the event of a dispute, the Customer is invited to contact GEN PERFORMANCE first in order to seek an amicable solution.

Where the conditions are met, the consumer may also use the consumer mediation scheme referred to in Article 35.

Failing an amicable resolution, the dispute may be brought before the competent court in accordance with the applicable legal rules.

No particular geographical jurisdiction is imposed on the consumer beyond the rules of jurisdiction provided for by law.

38. Partial invalidity

If any provision of these GTCS is declared null, unlawful or unenforceable, the other provisions remain applicable to the extent permitted by law.

The provision concerned is then disregarded or interpreted in accordance with the applicable mandatory provisions without affecting, where possible, the rest of the contract.

39. Additional contractual documents

These GTCS must be read together with the information communicated to the Customer before their order and, where applicable, with:

• the Returns, Withdrawal and Refund Policy;
• the Privacy Policy;
• the Shipping Policy or delivery information;
• the Legal Notice;
• any specific conditions presented for certain Products or services;
• and the terms of payment service providers where the Customer chooses a service provided by a third party, in particular Oney or PayPal.

In the event of a conflict with a mandatory provision applicable to the consumer, that mandatory legal provision prevails.