SALE

TERMS AND CONDITIONS

SCOPE

These Terms and Conditions of Sale determine the rights and obligations of parties within the scope of sales made by the seller LOOK Cycle International, hereinafter referred to as “LOOK” and any person making a purchase on the websites shop.lookcycle.com and / or exaktpower.com, hereinafter referred to as “the Customer”.

The seller LOOK is a company with a share capital of 2,515,440 euros, registered at the Nevers Trade and Companies Register under number 419 513 262, and with registered office at 27 rue du Docteur Léveillé – 58000 NEVERS – France.

The Customer must be of age or possess parental consent and have the legal capacity to place an order on the above-mentioned websites.

Any delivery of products or services by LOOK as the seller to the Customer shall be subject to these Terms and Conditions exclusively. LOOK reserves the right to adapt or modify these Terms and Conditions at any time. It is therefore understood that the applicable conditions are those in effect on the website at the time of placing the order.

1/ General

These Terms and Conditions of Sale (hereinafter “Terms and Conditions”) apply to any purchase made by the Customer of Products available on the LOOK online shops (hereinafter “Products”), which are reached via the URL: lookcycle.com or exaktpower.com (hereinafter, together, « the Website »).

These Terms and Conditions apply to any online order of Products via the Website, of Products advertised on the Website, and to any contract relating to the sale of these Products concluded between the Customer and LOOK.

When placing a first order on the Website, the Customer will be required to create an account and confirm acceptance of these Terms and Conditions. The current applicable Terms and Conditions will apply to each order of Products on the Website.

2/ Orders

It at the entire discretion of the Customer to choose the desired Products on the Website, in accordance with the following procedure :

a) The Customer registers by creating an account, using a personal username and password (if the Customer is not logged on or does not have an account, he/she will be prompted to log on or register a new account).

b) Placing Products in a cart on the Website is free of obligation. The Customer may also correct any personal information before confirmation of the order using the settings menu provided. The Customer is informed of the current availability of the selected Product as well as available sizes on each dedicated Product page. Sizing charts are available on the Website. Products and corresponding prices are valid so long as they are displayed on the Website. This does not apply to special operations, whose duration of validity is specified on the Website.

c) Confirmation of the order validates all Products placed in the cart. The Customer may select the means and address of delivery and is informed of shipment costs and estimated delivery time. To confirm the order, the Customer must agree to these Terms and Conditions.

d) The procedure is completed when the Customer finalizes online payment.

The Customer will receive email confirmation as soon as the order has been processed and accepted by LOOK. In case of a shortage of supply relating to a Product, LOOK reserves the right to cancel the order and will immediately inform the Customer. If the order contains more than one Product, of which one or more is unavailable, LOOK will immediately inform the Customer of the unavailability; the remaining Products will be processed and dispatched within the timeframe indicated in the above-mentioned confirmation email. In case of unavailability of one or more Products, the Customer has the right to cancel the full order, including available Products; in this case, the Customer must inform the LOOK Customer Service immediately via email.

The order confirmation email validates LOOK’s acceptance of the order and confirms the sales contract between the two parties. The Customer will receive a shipping confirmation email as soon as the order is ready for dispatch.

Orders are taken exclusively in accordance with the above procedure. For logistical and technical reasons, LOOK is unable to accept orders via telephone, email, fax or postage. The Customer may check the status of his/her order under the « dashboard » tab when logged onto the personal account page on the Website.

Particularities relating to “configurator” Products:

In the instance of an order of a configurator Product (custom bicycle), the assembly, color and measurements will be processed according to the information provided by the Customer and will appear on the order confirmation slip sent upon confirmation of the order. The Customer is sole responsible for the information provided. It is expressly stated upon order that the right of withdrawal as detailed below does not apply to any configurator Product, and it is therefore the responsibility of the Customer to be particularly vigilant when composing the order.

3/ Prices

The prices as indicated on the Website apply to all countries within the European Union and include VAT. The prices exclude shipping costs, which are added separately during the payment process if applicable.

For countries outside of the European Union, prices are indicated exclusive of VAT. Customs fees and any other taxes are at the Customer’s expense. LOOK will provide the Customer with an estimate of fees and taxes for informational purposes only, and cannot be held liable for differences in the final costs.

Unless expressly stated otherwise, LOOK will only deliver Products against advance online payment.

All prices are firm and non-negotiable during their period of validity, as indicated on the Website. Outside of this timeframe, LOOK reserves the right to change the prices at any time.

4/ Shipping costs

Shipping costs differ depending on the delivery option selected by the Customer during the order process. All information relating to shipping costs and delivery is indicated during the “selection of delivery option” step of the order.

All shipping costs are at the Customer’s expense.

5/ Conditions de paiement

All payments must be made in EUR (Euro).

The accepted payment methods on the Website are the following:

  • Bank card (Visa, Mastercard, American Express)
  • Paypal

The total amount of the order is debited at the time of confirmation of the order by LOOK. Invoices are provided in electronic form only. The Customer may access, download and print order invoices under the « dashboard » tab when logged onto the personal account page on the Website. LOOK retains full ownership of the Product ordered by the Customer until the latter has fulfilled all obligations relative to these Terms and Conditions, and in particular until full payment has been received.

6/ Delivery and reception

6-1/ Delivery location

LOOK delivers all Products from a unique order at the same time. For orders comprising more than one Product, the delivery time will be based on the Product requiring the longest processing time. The Customer may follow the status of his/her order under the « dashboard » tab when logged onto the personal account page on the Website.

Orders are shipped in accordance with the following guidelines : – Custom (configurator) bikes and track bikes: Product delivered to a LOOK retailer ; – E-XAKT pedals and accessories: Product delivered to an address specified by the Customer at the time of order if he/she is located in a country comprising LOOK retailers;

6-2/ Delivery period

LOOK undertakes to make all possible efforts to ensure the Product is delivered to the Customer within the agreed timeframe. The maximum delivery time is 30 (thirty) days from the date at which LOOK receives full payment of the Product, unless the Customer is expressly informed of a longer delivery time before completion of the order. In the event of late delivery:

  • The Customer and LOOK may mutually agree on an ulterior delivery date
  • The Customer may terminate the contract (cancel the order) in accordance with the following procedure:

    • In first instance, the Customer bids LOOK, via registered mail with confirmation of receipt or any other written request via durable medium (email for example), to deliver the Product within a newly agreed, reasonable time period.
    • Should LOOK fail to meet the terms of this new delivery agreement, the Customer is entitled to advise LOOK of the termination of the contract, in accordance with the same written guidelines as above.

The order is considered cancelled and the contract terminated upon reception of the letter or written notification informing LOOK of the Customer’s withdrawal, unless LOOK has fulfilled the newly agreed requirements between postage or dispatch of the Customer’s written notification, and its reception. LOOK is obligated to refund the total amount of funds received, at the latest 14 (fourteen) days after termination of the contract.

LOOK cannot be held responsible for the non-execution or delays of delivery, or any other contractual obligation, if these are due to a case of force majeure or any other unforeseeable event beyond the will and control of LOOK.

7/ Home delivery

The Customer will receive shipping email notification.

Should the first attempt at delivery fail for any reason, the carrier will automatically return a second time. If the Product cannot be received, for any reason, at the address provided by the Customer, the carrier will file a notice of passage. The Customer is subsequently responsible for contacting the carrier to determine a new delivery date, no later than 3 (three) working days after receiving the notice. Beyond this period, the parcel will remain in deposit for 10 (ten) days before being returned to LOOK, in which case the order will be considered canceled and the contract terminated. In this situation LOOK will refund any advance funds received but reserves the right to deduct or charge an administrative fee of forty euros (€ 40) to cover the costs incurred as a result of the termination of the contract. Delivery costs remain at the Customer’s expense and must be refunded to LOOK.

LOOK cannot be held responsible for delays in delivery caused by :

  • Unavailability of the Customer
  • A wrong, incorrect or incomplete delivery address communicated by the Customer

Delivery of the order is considered completed once the Customer has signed the receipt form. The Customer accepts responsibility of the Product as well as the risks associated with the Product from the moment it is in his/her possession.

It is the Customer’s responsibility to inspect the Product immediately upon delivery and take note of any concerns at the time of delivery (for example: unsealed package, damage…). Any concerns must be clearly stated on the receipt form.

If, upon reception and inspection of the Product, it appears that it does not comply with the order form or that it sustained damaged during shipment, it is the Customer’s responsibility to refuse the delivery and, above all, to state all specific concerns on the receipt form.

If the Customer fails to do this, all risks associated with the Product are transferred to the Customer from the moment it is in his/her possession.

If the Product is returned because it does not comply with the order form or sustained damage during shipment, the return procedure must be undertaken in accordance with LOOK guidelines. All costs related to the return shipment will be at the expense of LOOK.

8/ Delivery to a LOOK retailer

Any Product delivered to a LOOK retailer must be assembled and adjusted by the retailer.

The Customer will receive notification as soon as the Product is available at the LOOK retailer selected at the time of order. The Product must then be retrieved directly from the selected LOOK retailer by the Customer within 21 (twenty-one) working days of receiving notification from the LOOK sales department (via email or phone call). Should the Customer be unable to retrieve the Product within this period, he/she must contact the LOOK Customer Service as soon as possible.

If the Customer fails to notify the LOOK Customer Service and the Product is not retrieved within the stated period of 21 (twenty-one) working days, the order will no longer be attributed to the Customer. The Product will be redistributed and the Customer will require a new order.

In this situation LOOK reserves the right to deduct or charge an administrative fee of forty euros (€ 40) to cover the costs incurred. Delivery costs remain at the Customer’s expense and must be refunded to LOOK. The Customer must imperatively provide order confirmation and personal identification upon retrieval of the Product, and will be requested to complete and sign a receipt form with the LOOK retailer.

9/ Right of withdrawal

Upon receipt of the Product, either at the chosen LOOK retailer or specified delivery address, the Customer has a period of 14 (fourteen) days to exercise his/her right of withdrawal and return all or part of the order for refund. In accordance with Article L.221-28 of the French Consumer Code and as stated above, the right of withdrawal is not applicable to the purchase of Products made to the Customer’s specifications or clearly personalized (“configurator” Products).

In order to exercise the right of withdrawal, the Customer must notify LOOK during the withdrawal period by completing the claim form available on the Website (“Warranty / Support” tab when logged onto the personal account page) and follow the claim procedure (see art. 10 below).

In case of withdrawal, and regardless of whether the delivery was made to a LOOK retailer or specified delivery address, the Customer must return the Product to LOOK within 14 (fourteen) days of receiving email confirmation from the LOOK Customer Service.

If the Customer wishes to exercise the right of withdrawal because of objection to size or color, he/she will require a new order.

Any unused Product must be appropriately protected and returned in perfect condition in the original packaging (including user manual and accessories). If these guidelines are not adhered to LOOK reserves the right to refuse the Product and return it to the Customer to its expense. Refunds are based exclusively on the initial Product price including standard shipping costs. Return shipping costs are at the Customer’s expense. The Customer will be notified of refund by email and payment will be processed within 14 (fourteen) days of LOOK receiving notification of Customer withdrawal, and only after assessment and confirmation that the Product meets the claim criteria.

10/ Returns

If the Product the Customer wishes to return meets the claim criteria, the procedure below must be strictly adhered to; LOOK reserves the right to reject the claim if this is not the case.

  • Log on to personal account on the Website ;
  • Select the “Warranty / Return a product” tab ;
  • Complete the claim form stating full particulars of the claim ;
  • Print the completed form to enclose in the return shipment, then click “send” ;
  • Prepare the Product for return, ensuring the claim form as well as the invoice are enclosed

LOOK Customer Service will examine the claim upon receipt of the returned Product and claim form. If the claim is considered valid, the Customer will receive a voucher and claim number, as well as a receipt in the case of a Product delivered to a LOOK retailer.

The Customer must ensure the Product is returned to LOOK in accordance with the following procedure:

a) For orders delivered to a LOOK retailer, returns can be made exclusively by returning the Product to the LOOK retailer selected by the Customer at the time of order. The Customer must ensure the completed claim form as well as the receipt form signed by the retailer are enclosed in the shipment.

b) For orders delivered to an address specified by the Customer, the Product must be returned by the Customer, at his/her expense, to the address below. The Customer must ensure the completed claim form is enclosed in the shipment.

Returns must be sent to the address that will be communicated on the claim form.

11/ Warranty

11-1/ Legal guarantee of conformity

In accordance with the provisions of Articles L217-1 to L217-14 of the French Consumer Code, these Terms and Conditions are subject to the legal guarantee of conformity, from which the following articles are extracted:

Article L217-4 : “The seller shall deliver a good in compliance with the contract and is sole responsible for any lack of conformity or defect apparent at the time of delivery. The seller is also sole responsible for any lack of conformity or defect caused by the packaging, assembly instructions or installation if it is contractually designated as the seller’s duty, or is carried out under the seller’s responsibility.

Article L217-5 : “The product complies with the contract:

1° If it is fit for the purpose generally intended for a similar product, and, if so:

  • if it is in accordance with the description provided by the seller, and possesses the characteristics described to the buyer in a sample or model;
  • if it presents the qualities that a buyer may legitimately expect with regards to any public declarations made by the seller, by the producer or their representatives, especially in advertising or on the label;

2° Or if it presents the characteristics jointly agreed to by the parties, or if it is fit for a particular purpose required by the buyer, if this has been brought to the attention of the seller and accepted by the seller.”

Article L217-12 : “Any action resulting from a lack of conformity or defect must be taken within a period of two years from the date of delivery of the item.”

11-2/ Warranty against hidden defects

LOOK, through its authorized retailers and distributors in the country in which the Product is purchased, warrants all Products against non-conformities and hidden defects (1) for a period of 2 (two) years from the date purchase. (1) Hidden defects only concern French legislation, § Articles 1641 to 1649 of the French Civil Code. (2) Several countries or states allow a longer period for implicit warranty, and/or for the exclusion or restriction of direct or consequential damage, implying that the above-mentioned period does not apply. This limited warranty offers the Customer specific legal rights, as well as other potential rights, which may vary according to local laws.

LIMITED WARRANTY

The warranty is valid only if the Product is assembled in accordance with the instructions supplied with the Product and by an authorized LOOK retailer and if the Product, in particular bicycles and frames, has been used correctly and maintained in accordance with LOOK recommendations.

This Limited Warranty does not apply to normal wear and tear* of the Product, to parts which have been restored or subjected to inappropriate repairs or modifications, or to any damage caused by accident, improper or abusive use or lack of due care and maintenance. Inappropriate uses of Product which render the warranty void include spinning (indoor cycling), jumping, acrobatics, extreme cycling and similar activities. Intensive use of a bicycle on an indoor trainer may result in the damage of the rear triangle due to its fixed position.

The Customer’s sole and exclusive remedy under the LOOK Limited Warranty or any implied warranty is limited to the repair or exchange, at LOOK’s sole discretion, of all or part of the Product. Under no circumstances can LOOK and its agents or distributors be held liable for any direct or consequential damage, nor for the cost of transport or shipment of the Product, regardless of whether the claim arises from the contract, warranty, negligence or product liability, including but not limited to loss of use, loss or damage of any goods or property other than the Product itself, or any other financial loss.

Regardless of the cause of warranty claim, neither LOOK nor its agent or distributors can be held responsible for the provision of any financial contribution or compensation for a Product. The rights granted by the Limited Warranty and the proceeds can in no way be assigned or transmitted to third parties. LOOK’s obligations under any warranty are limited, in the broadest possible sense of the law, to those expressly specified in this LOOK Limited Warranty.

Similarly, the warranty is rendered void if :

  • the Product has undergone a technical and / or structural modification or if it has been repaired or repainted by any person or entity other than an authorized LOOK retailer or repair center
  • the Product has been repaired and / or used with unauthorized spare parts
  • the Product serial number has been removed, deleted, altered or rendered illegible

Components manufactured by brands other than LOOK which are installed on LOOK bicycles are subject to the same legal conditions of warranty. Warranty claims relating to any of these components must be made to the appropriate manufacturers or distributors. In no instance can LOOK, its agents or distributors be held responsible for damages, direct or indirect, to products not designed, manufactured or marketed by LOOK.

*Parts considered subject to normal wear and tear: Bearings (crankset, headset, hubs), cable housing, cables, tires, tubulars, inner tubes, rim tape, brake pads, chain, chainrings, cassette, saddle.

Further information relative to warranty policies and LOOK recommendations of use can be found under the following url: https://www.lookcycle.com/warranty-policy

12/ Liability

LOOK cannot be held responsible for damage caused by Customer action (in particular relating to non-compliant or inappropriate use of the Product), by unpredictable and unavoidable action of third parties unfamiliar with the terms of the contract, or by an event constituting a case of force majeure.

Warranty claims by the Customer due to apparent defects in the delivered Product are excluded if the Customer has not notified LOOK of the defect within a maximum period of 14 (fourteen) days from receipt of the Product.

13/ Customer service

For any question or difficulty relating to purchases on the Website, the LOOK Customer Service can be reached: – By Website: Select the “Contact” tab

14/Entirety

The provisions in these Terms and Conditions constitute the entirety of the agreement between LOOK and the Customer. Failure to refer to any of the clauses at any time in no way constitutes a waiver of these clauses. Should any of the clauses be wholly or partially invalid or void, the validity of the remaining the clauses shall not be affected.

15/ Intellectual property

The entirety of the content of LOOK sites including but not limited to illustrations, graphics, texts, labels, brands, images, and videos is the property of LOOK and is protected by national and international intellectual property law. Any reproduction, exploitation, representation, adaptation, transformation or partial or total use of any content, by any means whatsoever and on any medium, is subject to prior and explicit authorization from LOOK.

16/ Pre-contractual Information – Customer Agreement

The Customer acknowledges having being informed, in a clear and understandable manner and prior to placing the order and concluding the sale, of the present Terms and Conditions and all information listed in Article L.221-5 of the French Consumer Code, and in particular the following details: the fundamental characteristics of the Product, the price of the Product, the delivery date or deadline at which LOOK undertakes to deliver the Product, information relating to the identity of the seller including its postal, telephone and electronic contact details, information relating to legal and contractual warranties and their implementation, particulars relating to the right of withdrawal, particulars relating to the mediation options in case of dispute.

17/ Applicable law

These Terms and Conditions and any resulting transactions are governed by and subject to French law. Should these Terms and Conditions be translated into one or more foreign languages, the French text will prevail in the event of a dispute. In the event of a dispute, the Customer is informed of the possibility of resorting to conventional mediation procedures or any alternative means of settlement.

Any disputes which may arise in connection with the validity, interpretation, execution, consequences of these Terms and Conditions, and which are not resolved in an amicable manner between LOOK and the Customer, will be subject to the sole jurisdiction of the relevant French courts, and shall be governed by French law. In the event that the contract of sale is concluded from professional to professional, the Parties expressly agree that the contract shall be governed by French law. The Parties expressly agree that the application of the provisions of the Vienna Sales Convention on the International Sale of Goods is excluded. For this purpose, any dispute that has not been resolved amicably will be subject to the sole jurisdiction of the relevant courts of Versailles, notwithstanding the plurality of defendants and / or of warranty claims, even for emergency procedures or referred / requested provisional proceedings.

18/ Protection of personal data and privacy policy

18-1/ Personal data

All fields marked with an asterisk must be completed by the Customer with the relevant information at the time of order. This information is mandatory and necessary to ensure full provision of services relating to the order.

In order to meet the demands of the Customer, provide optimal remote service and manage commercial relations, prospecting and statistics, LOOK requires the use of the Customer’s personal data (name, first name, address). Subject to the provisions of the following paragraph, this information is intended exclusively for LOOK. It may be communicated to LOOK internal departments or companies contractually linked to LOOK for the sole purpose of the good execution of services.

However, the Customer may expressly object to this communication through written request to LOOK Customer Service. More generally, in instances relative to the Customer’s personal data and in accordance with the provisions of the Data Protection Act of January 6, 1978, the Customer may enforce his right to access, rectify, and oppose through:

  • written request to LOOK at the following address: 27 rue du Docteur Léveillé – 58000 NEVERS, France;
  • e-mail request to LOOK Customer Service at the following address: contact@lookcycle.com

18-2/ Bank details

The bank details provided by the Customer at the time of order are neither stored nor visible on the internet. LOOK certifies the confidentiality of this data through the implementation of a suitable security system. In accordance with the provisions of the Data Protection Act of January 6, 1978, the Customer may enforce his right to access, rectify, and oppose all bank details through written request, subject to proof of identity, to LOOK at the following address: 27 rue du Docteur Léveillé – 58000 NEVERS, France.