T&Cs / GTCs

General Terms and Conditions of Sale applicable on the website www.cycloptim.fr

Effective Date: 12/01/2025
Last Amended: 12/01/2025

01. Subject

These general terms and conditions of sale apply without restriction or reservation to all online sales offered by SportOptim on the website www.cycloptim.fr ("the Site").

The Site is an e-commerce platform that allows Internet users ("Buyers") to purchase various types of power meter pedals, offered for sale on the Site ("the Products").

The purpose of these general conditions is to define the terms and conditions for online sales and delivery of the Products, as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time via a direct link at the bottom of the Site's page.

The applicable version of the general conditions is the one available online on the Site on the date of the Buyer's order, a copy of which is sent to them with their order confirmation.

These general terms and conditions of sale prevail over all other general or specific conditions not expressly agreed to by SportOptim.

They may be supplemented, if necessary, by specific terms of use for certain Products or services offered on the Site, which complement these general conditions and, in case of contradiction, prevail over them.

02. Seller's identity and contact

The Site is operated by SportOptim, a simplified joint-stock company (SAS) registered with the Bordeaux Trade and Companies Register under number 882 519 358, with its registered office at:
58 rue Léonce Motelay, 33100 BORDEAUX ("SportOptim"), which offers Products for sale.

SportOptim can be contacted at the following details, including for any complaints:

Postal address: 18 rue Jeanne Lanvin, 33100 Bordeaux

Phone: +33 9 87 14 80 25

Email address: contact@cycloptim.fr

03. Legal capacity and acceptance of the general terms and conditions

 

The Website is accessible to:

  • Any natural person with full legal capacity to enter into these general terms and conditions. A natural person who does not have full legal capacity may only access the Website with the consent of their legal representative.
  • Any legal entity acting through a natural person with the legal capacity to contract on behalf of and for the legal entity.
 

The Buyer's acceptance of these general terms and conditions is indicated by a checkbox in the order form. This acceptance must be full and complete. Any acceptance with reservations is considered null and void.

The Buyer who does not agree to be bound by these general terms and conditions must not place an order on the Site.

04. Website Registration and Account Creation

 

If the Buyer wishes to register on the Website and create an account, they must complete the form provided for this purpose on the Website. Placing an order on the Website does not require the Buyer to register on the Website.

The Buyer must provide all information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically leads to the opening of an account in the Buyer's name (the "Account"), which allows them to manage their purchases in a form and using the technical means that SportOptim deems most appropriate.

The Buyer guarantees that all information they provide in the registration form is accurate, up-to-date, sincere and not misleading in any way.

They undertake to update this information in their Account in the event of changes (in particular: change of postal address), so that it always corresponds to the criteria mentioned above.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating their Account serves as proof of their identity. The information entered by the Buyer is binding upon validation.

 

The Buyer can access their Account at any time after logging in using their username and password.

The Buyer undertakes to use their Account personally and not to allow any third party to use it in their place or on their behalf, unless they bear full responsibility for it.

They are also responsible for maintaining the confidentiality of their username and password, any access to the Site using these being deemed to have been made by the Buyer. They must immediately contact SportOptim at the contact details mentioned in the "Seller identity and contact" article hereof if they notice that their Account has been used without their knowledge. They acknowledge SportOptim's right to take all appropriate measures in such a case.

05. Product Features

Before placing any online order, and in particular in application of the provisions of Article L111-1 of the Consumer Code, the Buyer can consult, on the Site, the characteristics of each Product they wish to order.

Products are offered for online sale within the limits of available stock.

The photographs and descriptions of the Products offered for online sale are as accurate as possible. They are binding on SportOptim only for what is precisely indicated. The Buyer is nevertheless informed and accepts that certain characteristics of the Products, and in particular their color, may not correspond exactly to the photographs presented on the Site, due to technical constraints.

Furthermore, in order to use the Product, the Buyer must have the following hardware or software:

  • 15 mm flat wrench for Product installation.
  • Cycling shoes with KEO®, SPD-SL® or SPD® compatible cleats, depending on the product purchased.
  • Watch or GPS with an ANT+ protocol compatible with power sensors.
  • A USB charger to recharge the pedals.

06. Order

 

To place an order, the Buyer must select the Product of their choice and place it in their cart.

They can access the summary of their cart at any time as long as the order has not been definitively confirmed and can correct any errors in the entered information.

The order is deemed received by SportOptim when SportOptim can access it.

 

As part of their order, the Buyer is invited to provide their contact details for delivery and invoicing purposes. They must fill in all fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated.

The Buyer guarantees that all information they provide in the order form is accurate, up-to-date and truthful and is not misleading.

They are informed and accept that this information serves as proof of their identity and is binding upon validation.

 

After placing an order, the Buyer will receive an email confirmation that:

(i) summarizes the order details and the estimated delivery time,
(ii) includes the general terms and conditions in effect on the day of the order,
(iii) includes the invoice corresponding to the order.

The Buyer must ensure that the contact information provided when placing the order, if they do not have an account on the Site, or entered in their Account, is correct and allows them to receive the order confirmation email. If they do not receive it, the Buyer must contact SportOptim using the contact details mentioned in the article "Seller identity and contact."

SportOptim recommends that the Buyer keep the information contained in the order confirmation.

The order confirmation is deemed received by the Buyer when they can access it.

07. Price and payment terms

 

The selling prices of the Products are displayed on the Website. They are indicated in euros.

Please note: Outside the European Union and in the French Overseas Departments and Regions (DROM-COM), customs duties or local taxes may be levied and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to SportOptim. These duties and taxes, the exact amount of which SportOptim cannot determine in advance and therefore cannot inform the Buyer before their order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any related declarations and/or formalities.

 

The full price of the Products is due at the time of order.

Payment can be made online by credit card, through the secure online payment service indicated on the Site, or by any other means offered on the Site at the time of ordering.

The Buyer guarantees to SportOptim that they have the necessary authorizations to use the chosen payment method.

SportOptim reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any amount due by the Buyer, in case of a payment incident, or in case of fraud or attempted fraud related to the use of the Site.

 

Purchase invoices will be sent to the Buyer by any appropriate means.

 

SportOptim retains full and complete ownership of the Products sold until full payment of the price, including delivery costs.

08. Delivery

 

Buyers are expressly informed that the Website only offers delivery of Products to the following countries:

  • Metropolitan France and Corsica,
  • European Union countries,
  • Iceland,
  • Liechtenstein,
  • Norway,
  • Switzerland.

Delivery of Products ordered on the Website will be made to the address indicated during the Buyer's order as the "delivery address" (which may be different from the billing address), provided that it is within the possible delivery territory for the Products concerned.

 

Different delivery methods may be available, depending on the Product categories and their weight.

Before validating their order, the Buyer is informed of the possible delivery methods for the ordered Product, as well as the corresponding times and costs for each of these methods.

The Buyer must select the desired delivery method and provide all necessary information for the effective delivery of the Product according to this method.

 

Delivery will be made within the time frame indicated in the order confirmation email.

If delivery is not made within the above timeframe, the Buyer may cancel the order by registered letter with acknowledgment of receipt or by a written document on another durable medium, if, after having instructed SportOptim, by the same means, to make the delivery within a reasonable additional period, SportOptim has not complied within that period.

The contract will be considered terminated upon receipt by SportOptim of the letter or written notice informing it of this termination, unless SportOptim has performed in the interim.

In the event of termination of the contract under the terms set forth above, the Buyer will be reimbursed for all amounts paid, including delivery costs, within 14 days following the date on which the contract was terminated.

SportOptim reserves the right, in any event, to contact the Buyer to offer alternative solutions for reimbursing the price of the Products and delivery costs. The Buyer must explicitly and in writing express their acceptance of the choice of an alternative reimbursement method.

09. Right of withdrawal

The Buyer has a period of 14 days from the date of receipt of the ordered Products to withdraw without having to give reasons or pay penalties, with the exception of return costs which remain at their expense and which they must pay. When an order includes several Products delivered separately, the above period runs from the receipt of the last Product.

A Buyer who wishes to exercise their right of withdrawal must send to SportOptim at the contact details mentioned in the "Seller's identity and contact" article, before the expiry of the above period, the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing their wish to withdraw and including their order number.

Products must imperatively be returned to SportOptim in their original packaging, without undue delay and at the latest within 14 calendar days following the communication, by the Buyer, of their wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is held responsible in the event of deterioration of the Products during their return to SportOptim.

The Buyer will be refunded as soon as possible and at the latest within 14 days from the date of effective receipt by SportOptim of the withdrawal request for all sums paid for their order, minus any return costs, which remain the responsibility of the Buyer. SportOptim nevertheless reserves the right to defer this refund until the effective recovery of the Products.

10. Legal Warranty

The Buyer benefits from the legal guarantees of conformity as well as against hidden defects of the sold item, including conformity defects resulting from the packaging of Products ordered on the Site.

If the Buyer finds that the Product delivered to them has a defect, a lack of conformity, or is damaged, they must inform SportOptim at the contact details mentioned in the "Seller identity and contact" article, indicating the nature of the defect, non-conformity, or damage observed and sending any useful supporting documents, particularly in the form of photograph(s).

SportOptim will arrange the return procedures with the carrier of its choice, of which it will inform the Buyer by any useful means. SportOptim will bear the costs of this return.

SportOptim will carry out the necessary checks and will offer the Buyer a replacement of the Product where possible. If replacement of the Product is impossible, SportOptim will refund the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which SportOptim informed them of the impossibility of replacing the Product.

The consumer has a period of two years from the delivery of the goods to exercise the legal guarantee of conformity in the event of a conformity defect appearing. During this period, the consumer is only required to prove the existence of the conformity defect, not the date it appeared.

When the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the entire planned supply period. During this period, the consumer is only required to prove the existence of the conformity defect affecting the digital content or digital service, not the date it appeared.

The legal guarantee of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer can obtain a price reduction by keeping the goods or terminate the contract by being fully reimbursed upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, particularly when the consumer definitively bears the costs of collecting or removing non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to rectify it.

The consumer also has the right to a price reduction or termination of the contract when the conformity defect is so serious that it justifies an immediate price reduction or contract termination. In this case, the consumer is not required to request repair or replacement of the goods beforehand.

The consumer does not have the right to terminate the sale if the conformity defect is minor.

Any period during which the goods are immobilized for repair or replacement suspends the remaining guarantee until the delivery of the restored goods.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who maliciously obstructs the implementation of the legal guarantee of conformity faces a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the goods are kept or a full refund upon return of the goods.

11. Buyers' Obligations

Buyers are solely responsible for their use of the Products. It is their responsibility to check the suitability of the Products for their specific needs prior to purchasing said Products. They are also solely responsible for reading and applying the installation and use instructions provided in the Products' user manual.

They must also take the necessary steps to back up, using their own means, the information in their Account that they deem necessary, of which no copy will be provided to them.

Finally, it is the Buyers' responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any damage.

12. SportOptim's Liability

 

SportOptim undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, SportOptim reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, SportOptim cannot be held responsible for temporary difficulties or impossibilities of access to the Site resulting from circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

 

SportOptim cannot be held responsible for the non-execution or delay in the execution of sales contracts due to circumstances beyond its control or a case of force majeure, as defined in Article 1218 of the Civil Code.

 

In any event, SportOptim's liability hereunder is expressly limited to direct damages actually suffered by the Buyers

13. Intellectual Property

The systems, software, structures, infrastructures, databases, and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by SportOptim within the Site are protected by all intellectual property rights or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying, and, more generally, any acts of reproduction, representation, dissemination, and use of any of these elements, in whole or in part, without the authorization of SportOptim, are strictly prohibited and may be subject to legal proceedings.

14. Personal data

SportOptim undertakes to comply with all its legal and regulatory obligations regarding the protection of personal data, including Law 78-17 of January 6, 1978, as last amended, known as the French Data Protection Act (Loi Informatique et Libertés), and EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016.

To learn more about how their personal data is managed and about their rights, the Buyer is invited to consult SportOptim's privacy policy, accessible here.

15. Advertisement

SportOptim reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions that SportOptim will determine.

16. Links and Third-Party Sites

SportOptim cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the Buyer may access through the Site.

SportOptim assumes no responsibility for the content, advertisements, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

SportOptim is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including its potential partners) to whom the Buyer may be directed through the Site and cannot under any circumstances be party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.

17. Prohibited Conduct

 

The following are strictly prohibited:

  • (i) any behavior likely to interrupt, suspend, slow down, or prevent the proper functioning of the Site,
  • (ii) any intrusions or attempted intrusions into SportOptim's systems,
  • (iii) any misappropriation of the Site's system resources,
  • (iv) any actions likely to impose a disproportionate load on the latter's infrastructure,
  • (v) any breaches of security and authentication measures,
  • (vi) any acts likely to harm the financial, commercial, or moral rights and interests of SportOptim or its Site's users,
  • (vii) any practice diverting the Site for purposes other than those for which it was designed, and finally, more generally,
  • (viii) any breach of these general terms and conditions or of the laws and regulations in force.
 

It is also strictly forbidden to monetize, sell or grant access to all or part of the Site, as well as to the information it contains.

 

Any commercial exploitation of the Products by Buyers is prohibited, including any resale or distribution for a fee.

 

In the event of a breach of any of the provisions of this article, or more generally, of infringements of laws and regulations, SportOptim reserves the right to take all appropriate measures and to initiate any legal action.

18. Unsubscribe

The Buyer may unsubscribe from the Website at any time by sending a request to SportOptim via email, using the contact details provided in the "Seller's identity and contact" article.

Unsubscription is effective within a maximum of 15 days from the date of this request. If the Buyer holds an Account on the Website, it will automatically lead to the deletion of the Buyer's Account.

19. Amendments

SportOptim reserves the right to modify these general terms and conditions of sale at any time. In such a case, the applicable conditions will be those in effect on the date of the Buyer's order.

20. Language

Should these terms and conditions be translated into one or more languages, the French language shall prevail in the event of a contradiction or dispute regarding the meaning of a term or provision.

21. Mediation

The Buyer has the right to use a consumer mediator free of charge for the amicable resolution of any dispute concerning the performance of these terms that may arise between them and SportOptim, under the conditions provided for in Articles L611-1 et seq. of the French Consumer Code.

To this end, they may contact the following consumer mediator:

Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Telephone: 01 89 47 00 14
https://www.cm2c.net

If the Customer is a foreign consumer located in the European Union, they can access the European online dispute resolution platform for consumer law here.

22. Applicable law

These terms and conditions are governed by French law.