General terms and conditions of sale

Version 1 : 01 June 2016

Version 2 : modified on 20 December 2017

Version 3 : modified on 18 June 2020

1)     General

The website www.bolidster.com is administered by the company Motocycle Armored Denim PROJECT SAS, otherwise referred to in these Terms and Conditions as M.A.D. Project, registered with the Bayonne Trade and Companies Register under No. 819 291 873 R.C.S. Bayonne, whose registered office is located at 48 rue Chantecrit 33000 Bordeaux.

By purchasing and accepting the delivery of products supplied by M.A.D. Project (the “Products”) through the site www.bolidster.com, the customer, natural person, excluding legal entities (the “Customer”), agrees to be bound by these general conditions of sale. These general terms and conditions of sale will apply if accepted by the Customer, electronically or via an agreement signed with M.A.D. Project, to this sale of Products.

M.A.D. Project reserves the right to modify these terms and conditions of sale at any time and at its sole discretion. The modified terms will apply to any new offer and order, without regard to the previous relationships binding M.A.D. Project and the Customer.

Unless proven to the contrary, the data recorded on the site www.bolidster.com establishes the proof of all the transactions carried out between M.A.D. Project and the Customer.

2)     Orders and payment methods

PLACING AN ORDER

2.1. All orders are placed on the website www.bolidster.com.

2.2. The Customer verifies the details of the order and the price to be paid, and corrects any errors before confirming the order (the “Order Confirmation”). This Confirmation of order represents the validation of the order by M.A.D. Project, subject to the effective payment of the purchase by the Consumer. The conditions applicable to an offer can be modified as long as the customer has not confirmed his order.

2.3 M.A.D. Project reserves the right to modify the applicable prices of the Products at any time. The price to be paid by the Consumer for the purchase of the Product shall be the price mentioned in the Order Confirmation made by the Customer according to the prices on the M.A.D. Project website and according to the shipping costs indicated in the shopping basket before validation at the time of placing the Order. The price indicated in our Order Confirmation is the final price expressed in Euros, including all taxes at the legal rate in force. It also includes the delivery costs to be paid by the Customer.

2.4. M.A.D. Project will send the Client an electronic acknowledgement of receipt of the Order.

2.5. Invalid information provided by the Client will result in delays in processing the order. M.A.D. Project shall not be liable to the Client for such delays.

STOCK LIMITS AND FRAUD CONTROL

2.6. The Customer acknowledges that the Products offered for sale are subject to the limits of available stocks.

2.7. If a Product is no longer available in M.A.D. Project’s stocks, M.A.D. Project will make its best efforts to inform the Customer of such unavailability before the Order Confirmation.

2.8. If a Product is no longer available in M.A.D. Project’s stocks, the Customer may nevertheless place an Order to reserve a Product. M.A.D. Project centralizes all the information concerning the estimated delivery date of the Products thus ordered, from the page: Reservations.

2.9. M.A.D. Project also reserves the right to cancel or refuse any Order in the event of an incomplete Order made by the Client when registering information on the M.A.D. Project Web Store (for example: illegible Order, lack of essential information, …), or, in the event of an Order made by an insolvent Client or with whom there have been previous payment problems or a conflict in the context of a previous Order. In this case, an e-mail will be sent to the Customer. To avoid any attempt at fraud, M.A.D. Project reserves the right (i) to request additional information from a Client and/or (ii) to limit an abnormally high quantity of Products ordered.

2.10. Therefore, the receipt of an order does not automatically lead to its acceptance by M.A.D. Project. We reserve the right to limit the quantity of Products ordered and the right to refuse to sell Products to any Customer in respect of the provisions mentioned above. If an order cannot be carried out or is cancelled by M.A.D. Project, M.A.D. Project will send a notification to the Client using the e-mail address provided by the Client. The Client will not be invoiced if their order has been cancelled or cannot be carried out by M.A.D. Project. If the Client has already been invoiced for an order that is subsequently cancelled or cannot be carried out, M.A.D. Project will refund the full amount paid by the Client.

PAYMENT

2.11. Only one payment method is possible for the purchase of Products made on our online site: payment via Paypal. The debit is made at the time of validation of the order. M.A.D. Project will not send Products as long as the payment method has not been validated.

2.12. Paiement en plusieurs fois avec Alma.
Si vous payez votre commande en plusieurs fois, vous acceptez les conditions générales client d’Alma ainsi que les conditions particulières Alma pour les clients de Pierre-Henry Servajean. (ce deuxième lien renvoie vers les mêmes conditions générales et pas les conditions particulières)

The list of the payment methods is liable to be modified by M.A.D. Project.

3)     Delivery and return of Products

TERRITORIES CONCERNED

3.1 M.A.D. Project accepts order deliveries to the vast majority of territories. The list of eligible countries is subject to change by M.A.D. Project. Orders to countries not included in the list may be placed by M.A.D. Project on a case-by-case basis. Import fees may be charged for customs clearance directly to the Client.

PRODUCT DELIVERY

3.2. A delivery will be made in accordance with an indicative delivery date as set out in the Order Confirmation (depending on the carrier responsible for the delivery and the location of the Customer), unless an event outside the control of M.A.D. Project occurs. In such a case, if M.A.D. Project is unable to meet the estimated delivery date, M.A.D. Project will contact the Client with a revised estimated delivery date.

3.3. The delivery will be completed once the Products are delivered to the delivery address indicated by the Client by the carrier under its sole responsibility.

3.4. If no one is available at the Client’s address to receive the delivery, the carrier proposed by M.A.D. Project will leave a card informing that the Products have been returned to their local depot. If a Product is returned to the depot, the Client will contact the carrier to arrange a new delivery date using the details on the card.

CUSTOMER’S RESPONSIBILITY

3.5. If the Customer fails to take delivery of the Product or to accept delivery within the availability period, as communicated by the carrier or M.A.D. Project (at a depot for example). M.A.D. Project reserves the right to terminate the order and subsequently refund the Customer and resell the Product, unless the Customer has notified M.A.D. Project of their wish to arrange a new delivery.

3.6. Despite the legal guarantees attached to any Product based on the applicable law, the Customer will check the conformity of the delivered Product to the Order Confirmation.

3.7. Therefore, if the Product or the packaging of the Product is damaged at the time of delivery or if the Product does not conform to the Customer’s Order Confirmation, it is the sole responsibility of the Customer to refuse delivery.

3.8. The Client will verify the conformity of the Product within five (5) days following the date of receipt of the Product and will make any claim to M.A.D. Project at :

info@bolidster.com or by sending a cancellation request by mail to :
M.A.D. PROJECT – Customer Support – 48 Rue Chantecrit 33000 Bordeaux

3.9. Any Product damaged during transport or which doesn’t conform to the Order Confirmation and whose delivery has been refused by the Customer will be replaced or reimbursed by M.A.D. Project without additional cost. Any return of damaged Products will be made through M.A.D. Project’s Customer Service and/or, in any case, according to M.A.D. Project’s instructions and requirements, notwithstanding clause 5.5 of these General Terms and Conditions of Sale.

3.10. If the Client fails to refuse the delivery of a damaged or non-conforming Product or damaged packaging within five (5) days, the replacement or refund of the Product will be at the discretion of M.A.D. Project and may incur costs for the Client.

4)     Ownership and risk :

RIGHT OF OWNERSHIP

4.1. Unless otherwise specified in writing by M.A.D. Project, the ownership of the Products will be transferred to the Client when all amounts due by the Client to M.A.D. Project have been paid. M.A.D. Project reserves the right to take back Products at the expense of the Client or to suspend a delivery in case of failure to pay in full.

4.2. The Products will be the property of the Client only once full payment has been received by M.A.D. Project, including all applicable delivery charges.

TRANSFER OF RISKS

4.3. The risk of losing the Products shall pass to the Customer upon delivery of the Products to the delivery address set out in the Order Confirmation.

EXCHANGE AND RETURN OF PRODUCTS

4.4. Any request to replace a product must be initiated within 14 days after receipt of your order in writing by sending an email to info@bolidster.com or by sending a request by post to :

DSL – MAD PROJECT / BOLID’STER

4 RUE DES GALIPS

40130 CAPBRETON

France

4.5. The address to which the product is to be returned, as well as the file reference will be provided in a reply to the replacement request letter / mail.

4.6. Returned items must be new, unused and in their original condition, otherwise they will not be accepted and will be returned to you.

4.7. If you would like to exchange your products, the shipping costs for the return from your home to MAD Project will be at your own cost. MAD Project will pay for the cost of returning the replacement jeans to you. The Customer will clearly indicate the replacement file reference number inside the package.

4.8. Your exchange will be processed within 3 to 5 working days following receipt of the package.

4.9. If you wish to return your products. Your return will be processed within 3 to 5 working days following receipt of the package.

4.10. In the case of an exchange request for a size problem, MAD undertakes to do its utmost to replace the returned product with the size requested by the Customer. However, if the requested size is unavailable upon receipt of the returned product at MAD, MAD may have to delay the exchange while waiting for new stock. For products that are no longer stocked, MAD may refuse the exchange. If an exchange is refused, the product will then be returned, as is, to the customer.

5)     Right of withdrawal :

TIME LIMIT FOR EXERCISING THE RIGHT OF WITHDRAWAL

5.1. The Customer, if residing within the European Union, has a legal right to withdraw from any sales contract for any reason within a period of fourteen (14) calendar days, starting on the day of receipt of the Product. If there are multiple Products in a single order, the withdrawal period will end at the end of the fourteen (14) days following the day on which the Customer received the last package of Products. However, the period may vary depending on the Customer’s country of residence.

CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

5.2. Products as well as packaging and accessories must be returned in their original condition. If a serial number, or original packaging and accessories are missing, M.A.D. Project reserves the right to refuse the refund or to reduce the amount of the refund.

5.3. To cancel an order, the Customer must contact M.A.D. Project in writing by sending an e-mail to info@bolidster.com or by sending a cancellation request by mail to :

DSL – MAD PROJECT / BOLID’STER

4 RUE DES GALIPS

40130 CAPBRETON

France

Cancellation will be deemed effective on the date that the e-mail or letter is sent by the Client to M.A.D. Project.

5.4. The Product must be returned to M.A.D. Project without undue delay, through Customer Service and/or according to the instructions and requirements indicated.

5.5. If the Client decides to arrange their own shipment, it is the Client’s responsibility to arrange the shipment, prepay any charges related to the return delivery, including Customs Duties, to insure the shipment or to accept the risk in case of damaged or lost Products in transit. In case of lost/damaged shipment, it is the Customer’s responsibility to resolve the problem directly with the carrier. In addition, the Customer has a legal obligation to take reasonable care of the Products while they are in their possession or custody.

5.6. The price paid for the Products by the Client may be refunded by M.A.D. Project. If the Customer would like a full refund, this will be made in the form of a voucher. If the Customer wishes to be refunded by another means, the cost to MAD Project of treating the order for the execution of the initial service carried out (conditioning, delivery, and treatment of the return) will be deducted. A fixed amount of 25€ including VAT will be deducted per returned product. In the case of a purchase having benefited from a special price thanks to a promotional code, the refund will be made entirely in vouchers.

The return delivery charges and customs duties are at the Customer’s cost.

5.7. Any refund will be treated by M.A.D. Project as soon as possible and in any case, at the latest within thirty (30) days as from the date when the Customer expressed their right of withdrawal.

6)     Events beyond our control :

M.A.D. Project will not be responsible or liable for any loss or damage incurred by the Client resulting from causes beyond the reasonable control of M.A.D. Project, including, without limitation, war, invasion, insurrection, riot, order of any civil or military authority, fire, natural disasters. Acceptance of delivery of the Products by the Client shall establish or be deemed a waiver of all claims against M.A.D. Project for loss or damage caused by any delay.

7)    Warranty :

7.1 Notwithstanding any legal warranty attached to any Product based on applicable laws, M.A.D. Project guarantees that upon delivery, the Products purchased will conform in all material aspects to the manufacturer’s specifications applicable to such goods, and will be free from defects in workmanship, materials and design, under normal use.

7.2 MAD Project also guarantees its jeans for 10 years. Any request to trigger the warranty must be made in writing by sending an e-mail to info@bolidster.com or by sending a request by mail to :

DSL – MAD PROJECT / BOLID’STER

4 RUE DES GALIPS

40130 CAPBRETON

France

7.3 The 10-year Jeans warranty applies to any premature wear and tear (poppers, buttons, seams, fabric) if the jeans have not been used during a fall.

8)     Limitation of M.A.D. Project’s liability:

8.1. The direct liability of M.A.D. Project is limited (i) to the refund of the purchase price of the Products or (ii) to the replacement of the Products; provided, however, that such Products are returned to M.A.D. Project in accordance with the provisions of these general terms and conditions of sale.

8.2. With regard to the Products purchased on M.A.D. Project’s website, M.A.D. Project’s maximum liability shall not exceed the actual purchase price of the Product. In accordance with the preceding paragraph, M.A.D. Project will not be held responsible for any indirect damage suffered by the Client.

8.3. M.A.D. Project will not be held responsible for damages beyond its control, such as in the context of services rendered by third parties for the execution of an order (such as the carrier or the company responsible for online payments).

9)     Data protection :

9.1. When registering, the Customer undertakes to provide accurate and complete information.

9.2. Customers are solely responsible for the content that they may publish on the www.bolidster.com website. This content shall not infringe the rights of third parties. M.A.D. Project has no obligation to store or publish the content transmitted by its Clients, such as comments or product ratings.

9.3. M.A.D. Project has a proactive approach with regard to the protection of its users’ data and guarantees that all necessary measures are taken to protect the confidentiality of its users during their visit to the www.bolidster.com website.

10)  Applicable law :

These general conditions of sale will be governed by and interpreted in accordance with French law.

If it is impossible to settle a conflict amicably, M.A.D. Project and the Client agree to submit any conflict resulting from the conclusion, legal formulation, execution of the present or termination of these Terms and Conditions of Sale, to the rules applicable in the competent jurisdiction.