1 - Purpose and scope :
These general conditions of sale (hereinafter the "Terms and Conditions") govern the contractual relationship between the company CAT LC France S.A.S. and its customers.
The Terms and Conditions apply solely to the services provided by CAT LC France on the website « www.motobycat.com » (hereinafter « Site »).
The customer declares that he/she unreservedly accepts the Terms and Conditions. These Terms and Conditions shall prevail over any other conditions, unless previously agreed otherwise between the parties in writing. No special conditions or other general conditions from the customer may, unless formally accepted by CAT LC France, prevail over these Terms and Conditions.
The purpose of these Terms and Conditions is to define (i) the procedure by which CAT LC France organises the physical relocation of motorbikes and their accessories (helmets, jackets, top-case, etc.) in return for a freely agreed price that ensures fair compensation for the service provided; (ii) arrangements for the purchase of and payment for the service whose provision is covered by the Terms and Conditions.
The service provided by CAT LC France relates solely to the organisation of transport operations (including the collection, loading, relocation, unloading and delivery of goods entrusted to it by the customer), where the places in which the goods are to be loaded and unloaded are located in mainland France, including Corsica, and in Monaco, with the exception of certain areas (islands and certain high-altitude or outlying communes) that cannot be selected on the Site.
Collection and delivery are carried out, at the customer's choice, at the addresses specified by the customer (home delivery) or at CAT LC France Centres or MotobyCAT Collection Points, the list and contact details of which are available on the Site.
When the price mentioned on the Site is greyed out, the collection or delivery location designated by the customer cannot be accommodated by CAT LC France. In this case, the CAT LC France Centre or MotobyCAT Collection Point closest to the collection or delivery location requested by the customer will be used by default.
Regardless of the transport method used, these Terms and Conditions shall govern the contractual relationships between the customer and CAT LC France.
2 - Definitions :
For the purposes of these Terms and Conditions, the following terms are defined as follows :
Accessories:
Accessories include removable motorbike accessories, such as panniers and top cases, and other accessories like jackets, helmets and boots.
Customer:
The customer is the party that enters into a service contract with CAT LC France.
Package:
Package refers to an accessory that, regardless of weight, size and volume, constitutes a unit load when handed over for transport.
Consignment:
Consignment refers to the number of motorbikes and packages, including packaging and load carriers, provided, at one time, to CAT LC France and whose relocation from one loading location to an unloading location elsewhere is requested by the ordering party (the customer, who is also the recipient) and is detailed on the accompanying consignment note.
Two-wheeled vehicle :
Two-wheeled vehicles include motorbikes, quad bikes or scooters.
CAT LC France Centre :
A CAT LC France Centre is a CAT LC France centre, a list of which is available at www.motobycat.com.
MotobyCAT Collection Point :
A MotobyCAT Collection Point refers to a local centre partnered with CAT LC France, which the customer can select as a collection or delivery location. A list of these is available at www.motobycat.com.
Site :
Site refers to the website www.motobycat.com.
3 - Identity of parties :
The distance sale contract (hereinafter the le « Contract ») is entered into by :
On one side :
CAT LC France, a simplified joint stock company with capital of 37,020 Euro and registered office at 5-7 rue Frédéric Clavel, 92150 Suresnes, France, registered in the Nanterre Trade and Companies Register under number 440 253 714, SIRET no.: 440 253 714 00339, individual identification number: FR 36 440 253 714,
And,
On the other side :
A natural or legal person, or professional or private entity (hereinafter the « customer »).
When he/she is a natural person, the customer guarantees that he/she is of legal age.
The customer declares that he/she has the full legal capacity to commit to these Terms and Conditions.
It is specified that the establishment responsible for the service offered on the Site is CAT LC France, Pôle Moto, 7 avenue Valquiou, 93290 Tremblay en France - SIRET : 440 253 714 00149.
Tel : +33 800 87 24 40
The customer may submit all questions and complaints to this address or to the following email address : motobycat@groupecat.com.
CAT LC France and the customer are referred to individually as a "Party" and collectively as the "Parties" in the Terms and Conditions and Contract.
4 - Agreement on proof :
The Parties agree that proof of their contractual obligations shall be demonstrated as follows :
Electronic data exchanged between CAT LC France and the customer shall be deemed endorsed by the issuing Party. The recording of these on a computer-based medium by CAT LC France shall be deemed integral and shall constitute literal proof, including in a court of law, of the identity of their originator and of said originator's willingness to endorse the content in the same way and under the same conditions and with the same probative value as any document drawn up, received or kept in writing.
Acceptance of the Terms and Conditions :
It is agreed that the ticking of the box next to the statement "I accept the general conditions of sale" constitutes the customer's acceptance of the Terms and Conditions.
Placement of order and acceptance by CAT LC France when payment is made by bank card :
An order is definitively placed by the customer when he/she clicks "Finalise my order" after entering his/her bank card number.
The order is definitively accepted by CAT LC France and the Contract is definitively established between the Parties once CAT LC France has accepted this payment after verification of the customer's bank details.
CAT LC France shall then send, via the email address provided by the customer, confirmation that the order has been accepted.
The data recorded by the bank card payment system constitute proof of financial transactions.
In the event of a dispute regarding the substance or process of the transaction, the computer records provided by the secure bank payment server shall be deemed proof between the Parties .
5 - Personal data :
Please consult the "Personal data protection and cookie management" section to understand how we collect and process your personal data as part of the services provided by CAT LC France on the website and how to exercise your rights.
6 - Intellectual property :
All texts, comments, illustrations and images reproduced on the Site are reserved under copyright and intellectual property law for the whole world. In this respect and in accordance with the provisions of the intellectual property code, only use for private purposes, subject to different and potentially even more restrictive provisions of the intellectual property code, is permitted. Apart from this use, the customer is prohibited from copying, reproducing, selling, publishing, exploiting in any other way or distributing in any other format, whether electronic or otherwise, the information on the Site. Consequently, any other use constitutes an infringement and is punishable under intellectual property law, unless it is previously authorised by CAT LC France. This right is personal and reserved for the exclusive and non-collective use of the customer and is not transferable.
7 - Links :
In order to facilitate access to other websites that may provide additional information, CAT LC France has placed a number of links to other websites on the Site. However, some of these links lead to data located on servers operated by third parties, which are completely beyond the control of CAT LC France. CAT LC France has no means of controlling these sites and sources, and is not responsible for the availability of such external sites and sources, nor does it vouch for them. CAT LC France is not responsible for the content of these sites and sources or the consequences of their use.
8 - General obligations of the Parties :
8.1 - Obligations of CAT LC France :
CAT LC France acts as a forwarder and uses hauliers (substituted parties) to transport motorbikes and packages and, if necessary, shall rely on one or more MotobyCAT Collection Points (subcontractors). In this capacity, CAT LC France carries out all transport operations in its own name and on behalf of the customer (sender).(expéditeur).
CAT LC France is a company registered in the Register of freight forwarders supervised by the Ministry of Ecology, Sustainable Development and Energy
Direction régionale et interdépartementale de l’Equipement et de l’Aménagement Ile-de-France
Service de la Sécurité des Transports
Département Régulation des Transports Routiers
Bureau Gestion et Contrôle 2
21-23 rue Miollis
75732 Paris Cedex 15
The operations of freight forwarders are governed by the provisions of Article R 1422-1 et seq. of the Transport Code, which you can access via the following website: www.legifrance.gouv.fr
MotobyCAT Collection Points are subcontractors of CAT LC France, which the customer acknowledges and accepts when choosing a MotobyCAT Collection Point as the dispatch or delivery location.
CAT LC France guarantees to the customer that its subcontractors or substituted parties have an organisation in place that enables it to comply with the obligations mentioned herein and remains solely responsible to the customer for the provision of services.
CAT LC France shall be responsible for choosing the mode of transport and organising said transport. In the event that CAT LC France uses storage facilities for motorbikes or any accessories, such storage shall be considered ancillary to the transport service.
CAT LC France will use a secure motorbike rack to transport motorbikes.
In addition to the relocation of the consignment, the loading and unloading of the consignment from the haulier's means of transport shall be carried out by the haulier used by CAT LC France.
CAT LC France undertakes, after the order is accepted and payment is made by the customer, to provide the service requested by the customer.
A telephone appointment will be carried out by the CAT LC France Centre to establish the following with the customer :
- a date and time slot for the delivery of the motorbike and any accessories at the delivery location agreed (CAT LC France Centre, MotobyCAT Collection Point, home delivery).
This appointment to arrange the collection and delivery of the motorbike and any accessories will be confirmed by way of an email from CAT LC France to the customer. CAT LC France shall send an email to the customer 48 hours before the date of collection of the motorbike and packages requested by the customer when placing the order. For the purposes of delivering motorbikes and packages, CAT LC France shall send an email either to agree on an appointment to organise home delivery or to inform the customer of the arrival of the motorbike and packages at the Centre or Collection Point.
CAT LC France has taken out insurance covering its liability within the limits of the compensation ceilings set out below.
8.2 - Obligations of the customer :
It is expressly accepted by the customer that accessories cannot be transported without an accompanying motorbike.
Packaging :
Two-wheeled vehicles travel on a secure rack provided by CAT LC France, which is specifically designed to enable this type of good to be transported under normal conditions of transport.
The motorbike must have an empty fuel tank for it to be transported. All accessories or elements that can removed from the motorbike must be removed from it before it is collected by the haulier.
Accessories (jacket, helmet, bottles, panniers, top-cases, etc.) accompanying the motorbike must be separately prepared, packaged, marked and countermarked by the customer in such a way as to withstand normal transport conditions, and must be subsequently handled properly when necessary during the course of the service.
All packaging must be designed to ensure that the accessories can withstand normal transport conditions. The customer shall be liable for all consequences of missing, insufficient or defective packaging, and is responsible for packing and marking the accessories. Insufficient or defective packaging or the lack thereof shall not, in the event of damage to the accessories, entitle the customer or recipient to compensation from CAT LC France or its substituted parties or subcontractors.
The motorbike and accessories must not pose a danger to drivers or handling personnel, the surrounding area, the safety of the transport equipment, other goods being transported, vehicles or third parties.
In the event that the customer entrusts CAT LC France with a motorbike or accessories that contravene the aforementioned provisions, said motorbike or accessories shall travel at the customer's own risk and CAT LC France shall not be held liable. CAT LC France (or the MotobyCAT Collection Point) reserves the right to refuse to accept said motorbike or accessories. All costs incurred or paid by the customer shall be retained by CAT LC France.
Labelling :
Each package must be clearly labelled by the customer to enable the sender, recipient, delivery location and nature of the accessory to be immediately and unequivocally identified.
The customer shall be liable for all consequences of insufficient package labelling or the lack thereof.
Reporting obligations :
The customer is solely responsible for the accuracy of information provided to CAT LC France, which must be correct and comprehensive.
The customer shall be liable for all consequences of a failure to comply with the obligation to report certain information, including the nature and features of the goods being transported. As such, the customer alone shall bear the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable or late declarations or documents.
In the event of inconsistencies between the information provided by the customer and the nature of the motorbike or packages entrusted to CAT LC France, the actual characteristics of the motorbike or packages shall prevail. The customer authorises CAT LC France to rectify the sums invoiced based on the actual characteristics of the motorbike or packages entrusted to it in line with the rates in force at the time the customer clicked "Finalise my order"..
Collection :
In the event that the customer does not deliver the motorbike and any accessories to the collection location, on the date and in the time slot agreed for collection, CAT LC France reserves the right to postpone collection, without being held liable. Any financial consequences of an unsuccessful collection of packages resulting from the inadequate fulfilment or non-fulfilment of contractual obligations by the customer will be charged to the customer.
Reservations:
In the event of loss or damage to the motorbike or any of its accessories, or in the event of a delay, it is the responsibility of the recipient or receiver to regularly and sufficiently consult with the company, to express justified reservations (when signing the handover assessment presented upon delivery of the motorbike) and, generally speaking, to take any measures useful in preserving the rights of recourse and, if necessary, to confirm said reservations in the ways and within the time limits set by law (article L 133-3 of the French Commercial Code, or article L 121-105 of the French Consumer Code) when the customer personally accepts delivery and the haulier used by CAT LC France does not provide evidence that it has given the customer the opportunity to verify that the goods are in good condition, failing which no warranty proceedings may be brought against CAT LC France or its substituted parties.
Presence of a person at the place of delivery (home delivery – excluding delivery to a CAT LC France Centre or MotobyCAT Collection Point) :
If the delivery is made, at the customer's request, to a third party, the customer must ensure that the person actually accepts the delivery of the motorbike and any accessories handed over to him/her on the date and within the time slot agreed, and that he/she accepts these Terms and Conditions. The customer shall be liable for any damage that CAT LC France may incur, directly or indirectly, as a result of non-compliance by the customer or person accepting delivery of the packages with the obligations imposed on the customer under the Terms and Conditions.
Refusal or failure to accept by the recipient :
In the event that the recipient refuses to accept the motorbike or packages (any accessories handed over), as well any failure to do so for whatever reason, all initial and additional costs due and incurred by the motorbike and packages shall remain at the customer's expense.
Cancellation of an order :
The customer, where a consumer as defined by the introductory article of the Consumer Code, is informed, pursuant to article L 121-14 of the Consumer Code, that he/she has no legal right of withdrawal/cancellation in accordance with the provisions of article L 121-21-8 of the Consumer Code.
Notwithstanding the foregoing, any customer may cancel his/her order by sending an email to motobycat@groupecat.comor by way of a letter sent to CAT LC France, Pôle Moto, 97 rue du Moulin de Cage, 92230 Gennevilliers, provided that such cancellation is received by CAT LC France within seven (7) calendar days from the date of confirmation of acceptance of the order by CAT LC France and that transport operations have not yet begun.
To ensure the cancellation of an order is accepted by CAT LC France, the customer undertakes to specify the number of the order that he/she intends to cancel and to attach a bank document showing the IBAN and BIC/SWIFT codes of his/her bank account. A transfer of the amount of the cancelled order shall be made via the details shown on the bank document provided by the customer within three (3) working days of CAT LC France accepting the cancellation of the order.
9 - Prices :
The prices for our services, which include all taxes, are expressed in Euro.
All orders, regardless of where they are placed from, are payable in Euro.
Prices are calculated based on information provided by the customer, taking into account the service to be provided, the number of motorbikes and packages to transport and the routes to be taken.
CAT LC France reserves the right to modify its prices at any time. Nevertheless, the services are always billed based on the rates in force at the time the customer clicks « Finalise my order».
Insurance :
The customer has the option to take out, through CAT LC France, an "all risks ad valorem" insurance policy in return for an additional fee and by ticking the box provided for this purpose on the Site.
The purpose of the " all risks ad valorem " insurance policy is to compensate the customer in the event of total loss or damage to a motorbike or package, regardless of the cause, up to the value declared by the customer. If the customer does not subscribe to this policy, in the event of total loss or damage to a motorbike or package, the compensation owed by CAT LC France to the customer shall be limited to the compensation ceilings set out in Article 12.2 below.
10 - Payment and payment security :
The price quoted must be paid by bank card in accordance with the payment procedure described below, with all other payment methods excluded.
The customer is solely responsible for the actual payment of the service purchased.
Online payment :
Payment for orders can be made securely (encrypted) online through the Site, by VISA, EUROCARD or MASTERCARD branded bank cards accepted in France.
Cancellation of an order by CAT LC France :
CAT LC France reserves the right to cancel any order from a customer with whom there is a payment dispute without the customer being able to claim any compensation whatsoever.
11 - Provision of service and delivery time :
Provision of service :
The transport service shall not be provided by CAT LC France until it has received actual payment from the customer.
Joint inspection at the collection location :
At the location where the motorbike and any packages are to be collected, a joint inspection (handover assessment) of the condition of the motorbike and any packages shall be carried out between the person handing over the motorbike and any packages and et :
- the haulier (in the event of collection at a home address), or
- the CAT LC France Centre (in the event of collection at the CAT LC France Centre), or
- the MotobyCAT Collection Point (in the event of collection at a MotobyCAT Collection Point)..
Delivery time :
The time frame for delivery given by CAT LC France is purely indicative. It is determined by taking into account the distance to be covered between the collection location and delivery location, the time required to load and unload the goods, and the labour and road laws in force at the time the service is provided.
When the actual duration of transport exceeds the delivery time by at least 30 days, this shall constitute a delivery delay.
Non-working days (Saturdays and Sundays, public holidays and days when traffic is prohibited by the authorities) are not included in the calculation of the delivery time.
Delivery :
Delivery is carried out at the address specified by the customer (home delivery, CAT LC France Centre or MotobyCAT Collection Point).
With home delivery, the customer must ensure that a person authorised to accept the motorbike and packages is present at the delivery location.
If this person is not present, a missed delivery notice will be left at the location in order to arrange a second attempt at the customer's expense. CAT LC France reserves the right to recover additional remuneration for the costs of immobilising the means of transport, the haulage crew and the handling operations carried out, which will be invoiced separately.
The person receiving the motorbike and the packages must, in relation to the handover assessment, check the condition of the motorbike and the number and condition of the packages handed over as soon as they arrive, in the presence of the haulier if delivered to a home address, in the presence of a CAT LC France staff member if delivered to the CAT LC France Centre, or in the presence of a representative of the MotobyCAT Collection Point if delivered to a MotobyCAT Collection Point.
In the event of loss or damage, the recipient must make a visual observation and express, in writing, any reservations (clearly, precisely and in detail) to the CAT LC France Centre (if delivered to the CAT LC France Centre), to a representative of the MotobyCAT Collection Point (if delivered to a MotobyCAT Collection Point), or to the haulier (if delivered to a home address). With the latter (home delivery), the customer is informed that any reservations must be communicated by way of registered letter with acknowledgement of receipt within 3 days of delivery (art. L 133-3 of the French Commercial Code) if there is a dispute with the haulier (upon delivery) or any other damage not observed jointly with the haulier upon delivery is discovered.
Nevertheless, where a customer is a consumer as defined by the introductory article of the Consumer Code and personally accepts delivery of the motorbike and packages, the period mentioned in article L 133-3 of the French Commercial Code is extended to ten days if the haulier used by CAT LC France does not provide evidence that it has given the customer the opportunity to verify that the motorbike and any packages are in good condition, pursuant to article L 121-105 of the Consumer Code.
Delay in the customer taking possession of the motorbike and any accessories at the agreed delivery location (CAT LC France Centre or MotobyCAT Collection Point) :
In the event that the customer does not collect the motorbike and any accessories from the CAT LC France Centre or the MotobyCAT Collection Point within five (5) working days of being informed that the motorbike and any accessories have been received by the CAT LC France Centre or MotobyCAT Collection Point, the customer shall be charged a penalty of €50 per day of delay, until the motorbike and any accessories have been collected.
Termination of the Contract by the customer (when a consumer as defined by the introductory article of the Consumer Code) : :
If the service is not provided by the agreed date or, failing this, no later than thirty (30) days after the conclusion of the Contract, the customer (if he/she is a consumer as defined by the introductory article of the French Consumer Code) may terminate the Contract by registered letter with acknowledgement of receipt if, after having directed CAT LC France to provide the service in the same way within a reasonable extension, the latter has not complied with this period. The Contract shall be deemed terminated upon receipt by CAT LC France of the registered letter, unless CAT LC France has provided the service in the meantime.
When the Contract is terminated by the customer under the conditions specified above, CAT LC France shall reimburse the customer for all sums paid by him/her at the latest within fourteen (14) days of the date on which the Contract was terminated. The refund for the amount paid by the customer shall, by right, be increased by 10% if the refund is made no later than thirty (30) days after this term, by 20% up to sixty (60) days after that, and by 50% thereafter.
12 - Liability :
12.1 - Liability related to the use of the Internet and the Site :
CAT LC France shall endeavour to keep the Site accessible, using the means at its disposal, in order to provide its customers with uninterrupted access to the Site, except in the event of force majeure or an event beyond CAT LC France's control, such as, but not limited to, the failure of the local electricity network, the failure of telecommunication cables, or the loss of Internet connection.
CAT LC France is not responsible for payment problems related to the operation of the e-commerce service.
Cookies must be accepted to complete any purchase on the Site.
CAT LC France shall not be held responsible for the reliability of data transfers on its Site, access times or any other specific technical aspect related to the Internet. CAT LC France shall not be held responsible for any breakdowns or maintenance work required to ensure the Site functions properly.
CAT LC France shall not be held responsible for the consequences of any erroneous, inconsistent or insufficient entries.
The tracking of consignments is done by email. However, CAT LC France cannot be held responsible for delays or problems related to the delivery of emails through networks. CAT LC France cannot guarantee access to and the proper functioning of the Internet as a whole and, consequently, the uninterrupted availability of its services. The Internet is an open and informal network of computer and communications servers and networks interconnected on a global scale. These servers and networks may have varying transmission capacities and usage policies.
The customer must ensure that his/her email address is valid and that his/her email inbox has sufficient capacity.
12.2 - Liability for the provision of service :
CAT LC France, acting as a freight forwarder, shall be liable for the actions of both its substituted parties (hauliers) and subcontractors (MotobyCAT Collection Points) under the conditions set out below.
12.2.1 Liability for the actions of substituted parties and subcontractors (MotobyCAT Collection Points) :
The liability of CAT LC France is limited to the liability incurred by the substituted parties (hauliers) and subcontractors (MotobyCAT Collection Points) in the framework of the operations entrusted to them. The compensation limits for substituted parties or subcontractors are those resulting, both for motorbikes and packages (containing a helmet, jacket, top-case, etc.), from the pro forma contract for public road carriage operations for which there is no specific contract, as referred to in Article D 3222-1 of the Transport Code and set out in Annex II, Part III of the Transport Code (text accessible here: www.legifrance.gouv.fr).
12.2.1.1 Indemnisation pour pertes et avaries :
Unless specific insurance has been taken out at the request of the customer, this compensation due for all substantiated damage may not exceed 33 Euro per kilogram of gross weight of the missing or damaged goods (a motorbike or one or more accessories in a package) for each of the objects (a motorbike or one or more accessories in a package) included in the consignment, and cannot exceed 1000 Euro per item (a motorbike or a package) lost, incomplete or damaged, regardless of its weight, volume, dimensions, nature or value.
In any case, the compensation shall be reduced by one third when the claimant imposes the destruction of the object (a motorbike or package) left behind or prohibits its recovery.
12.2.1.2 Compensation for late delivery (home delivery and delivery to a Centre or Collection Point) :
In the event of proven damage caused by a delay in delivery, compensation shall be payable which may not exceed the price of the delayed transport (excluding duties, taxes and miscellaneous costs).
12.2.2 Personal liability of CAT LC France :
The compensation limitations shown below are consideration for the liability borne by CAT LC France.
12.2.2.1 Compensation for loss and damage :
In the event that the personal liability of CAT LC France is incurred, for any reason and in any capacity, it shall be strictly limited, for all damages to the motorbike or package involved resulting from loss or damage and for any consequences resulting therefrom, to the compensation ceilings set out in the pro forma contract for public road carriage operations for which there is no specific contract, as referred to in article D 3222-1 of the Transport Code (text accessible here: www.legifrance.gouv.fr).
12.2.2.2 Compensation for other damages :
For all other damages, including delivery delays duly acknowledged under the conditions set out above, the compensation owed by CAT LC France in the framework of its personal responsibility shall be strictly limited to the price of the transport that caused said damages (excluding duties, taxes and miscellaneous expenses). Such compensation shall not exceed the compensation owed in the event of loss or damage to the motorbike or packages.
13 – Insurances
13.1 - Professional liability insurance of CAT LC France
AXA XL INSURANCE - Insurer
61 rue Mstislav Rostropovitch
75017 PARIS, France
PL policy no. XFR0095792CA20A
SIACI SAINT HONORE– Insurance broker
Season, 39 rue Mstislav Rostropovitch
75815 Paris cedex 17
13.2 – Goods in transit insurance :
The customer may, at any time, take out "all risks ad valorem" insurance through CAT LC France by clicking on the button provided for this purpose when placing an order on the Site.
When the customer places an order and expressly requests to take out "all risks ad valorem" insurance, CAT LC France, acting in the name and on behalf of the customer, shall take out "all risks ad valorem" insurance with an insurance company that is known to be solvent at the time of coverage. CAT LC France acts as the customer's intermediary and shall under no circumstances be considered an insurer.
The amount of this subscription is then automatically included in the price of the service when the customer places his/her order.
Taking out this insurance results in the compensation levels referred to in Articles 12.2.1.1 and 12.2.2.1 above increasing and the customer being compensated for the costs of repairing the damaged goods or for the declared value of the goods in the event of total loss.
Only ordinary risks (excluding risks of war, strike, epidemic or pandemic, or any other excluded risks specified in the insurance policy) shall be covered. At the customer's written request, CAT LC France shall inform the customer of the risks covered and the values guaranteed by such insurance.
A certificate of insurance will be issued and sent to the customer at his/her request.
14 - Applicable law :
The Terms and Conditions and Contract are subject to French law.
15 - Prescription period :
Any legal proceedings to which the Terms and Conditions and Contract entered into between the Parties may give rise shall be time barred within one year. This period shall run, in the case of total loss, from the day on which the goods (a motorbike or a package) should have been delivered and, in all other cases, from the day on which the goods (a motorbike or package) were delivered to the addressee mentioned on the consignment note.
16 - Cancellation – Invalidity :
Should any of the provisions of these Terms and Conditions be declared null and void or deemed unwritten, all other provisions shall remain in full force and effect.
17 – Handling of complaints and dispute resolution :
17.1 – Traitement des réclamations
Any complaint concerning damage or loss must be sent by registered letter within three days to the following address: CAT LC France – DAF Département avaries - Service SC 0263 - 5-7 rue Frédéric Clavel - 92510 Suresnes. One of the staff members in our Motorbike Department will answer you in writing or contact you by phone (depending on the type of complaint).
17.2 – Dispute resolution
ANY DISPUTE AS TO THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THE TERMS AND CONDITIONS AND THE CONTRACT, WHICH IS NOT RESOLVED AMICABLY AT THE INITIATIVE OF THE MOST DILIGENT PARTY WITHIN A PERIOD OF 15 DAYS AFTER WRITTEN NOTIFICATION CONCERNING SAID DISPUTE IS SENT FROM ONE OF THE PARTIES TO THE OTHER, SHALL, SUBJECT TO THE PROVISIONS BELOW, BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF THE DEFENDANT'S DOMICILE.
PURSUANT TO THE PROVISIONS OF ARTICLE L 133-4 OF THE CONSUMER CODE, THE CUSTOMER, IF HE/SHE IS A CONSUMER AS DEFINED BY THE INTRODUCTORY ARTICLE OF SAID CODE, IS HEREBY INFORMED THAT HE/SHE HAS RECOURSE, IN THE EVENT OF A DISPUTE, TO A CONVENTIONAL MEDIATION PROCEDURE OR TO ANY OTHER ALTERNATIVE DISPUTE RESOLUTION METHOD.
These Terms and Conditions came into effect on 1st March 2021.
