Terms of sale

General Terms and Conditions of Sale

Applicable to purchases made on www.cycloptim.fr

Initial effective date: 01/12/2025 Last updated: 01/12/2025

01. Purpose

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 "Website").

The Website is an e-commerce platform through which users (the "Buyers") may purchase a range of power meter pedals listed for sale on the Website (the "Products").

These terms and conditions set out the terms and conditions governing the online sale and delivery of the Products, and define the rights and obligations of each party in this context. They are available and may be printed at any time via a direct link in the footer of the Website.

The version of these terms and conditions applicable to any given order is the version published on the Website at the time the Buyer places their order, a copy of which is sent to the Buyer with their order confirmation.

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

They may, where applicable, be supplemented by specific terms of use relating to certain Products or services offered on the Website. Such specific terms shall complement these general terms and conditions and, in the event of any conflict, shall take precedence over them.

02. Seller Information and Contact Details

The Website 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, France ("SportOptim"), which offers the Products for sale.

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

Postal address: 18 rue Jeanne Lanvin, 33100 Bordeaux

Telephone: +33 9 87 14 80 25

Email: contact@cycloptim.fr

03. Legal Capacity and Acceptance of Terms and Conditions

3.1 Legal Capacity

The Website is accessible to:

  • Any individual with full legal capacity to enter into a binding agreement under these terms and conditions. An individual without full legal capacity may only access the Website with the consent of their legal guardian.
  • Any legal entity acting through an individual with the legal capacity to enter into contracts on behalf of and for the account of that legal entity.

3.2 Acceptance of Terms and Conditions

The Buyer's acceptance of these terms and conditions is confirmed by ticking a checkbox in the order form. Such acceptance must be unconditional. Any acceptance subject to reservations shall be deemed null and void.

Any Buyer who does not wish to be bound by these terms and conditions must not place an order on the Website.

04. Registration and Account Creation

4.1

Buyers who wish to register on the Website and create an account must complete the relevant registration form. Placing an order does not require the Buyer to register.

All fields marked as mandatory must be completed. Incomplete registrations will not be validated.

Registration automatically results in the creation of an account in the Buyer's name (the "Account"), through which they can manage their purchases in the form and by the technical means that SportOptim deems most appropriate.

The Buyer warrants that all information provided in the registration form is accurate, up to date, and truthful, and that it contains no misleading elements.

The Buyer undertakes to update their Account details whenever changes occur (in particular, changes of postal address) so that the information remains accurate at all times.

The Buyer acknowledges and accepts that the information entered when creating or updating their Account shall constitute proof of their identity. Information entered by the Buyer is binding upon validation.

4.2

The Buyer may access their Account at any time by logging in with their username and password.

The Buyer undertakes to use their Account personally and not to allow any third party to use it on their behalf or in their name, and accepts full responsibility for any such use.

The Buyer is equally responsible for maintaining the confidentiality of their login credentials. Any access to the Website using those credentials will be deemed to have been made by the Buyer. The Buyer must immediately contact SportOptim at the details provided in the "Seller Information and Contact Details" section if they become aware that their Account has been used without their authorisation. The Buyer acknowledges SportOptim's right to take any appropriate measures in such circumstances.

05. Product Descriptions

Prior to placing an order, and in accordance with Article L111-1 of the French Consumer Code in particular, Buyers may consult the specifications of each Product they wish to order on the Website.

Products are offered for sale online subject to availability.

Product photographs and descriptions are as accurate as possible. SportOptim's liability is limited to what is explicitly stated. However, the Buyer acknowledges and accepts that certain product characteristics — including colour — may not exactly match the photographs shown on the Website due to technical limitations.

In addition, in order to use the Product, the Buyer must have the following equipment or software:

  • A 15 mm spanner for installation
  • Cycling shoes with cleats compatible with KEO®, SPD-SL®, or SPD® systems, depending on the product purchased
  • A watch or GPS device with ANT+ protocol and power meter compatibility
  • A USB charger to recharge the pedals

06. Orders

6.1 Placing an Order

6.1.1 General provisions

To place an order, the Buyer must select the desired Product and add it to their basket.

The Buyer may view a summary of their basket at any time before the order is finalised and may correct any errors in the information entered.

An order is deemed received by SportOptim once SportOptim is able to access it.

6.1.2 Specific provisions for Buyers without an Account

As part of the ordering process, Buyers without an Account are asked to provide their delivery and billing details. All mandatory fields in the order form must be completed. Orders that do not include all required information cannot be validated.

The Buyer warrants that all information provided in the order form is accurate, up to date, and truthful, and that it contains no misleading elements.

The Buyer acknowledges and accepts that this information constitutes proof of their identity and is binding upon validation.

6.2 Order Confirmation

Upon completing their order, the Buyer will receive an email confirmation which:

(i) summarises the order details and the estimated delivery timeframe, (ii) includes the terms and conditions in force at the time of the order, (iii) includes the corresponding invoice.

The Buyer must ensure that the contact details provided during the order process — or saved in their Account — are correct and will allow them to receive the order confirmation email. If no confirmation is received, the Buyer should contact SportOptim at the details provided in the "Seller Information and Contact Details" section.

SportOptim recommends that the Buyer retain the information contained in their order confirmation.

The order confirmation is deemed received by the Buyer once they are able to access it.

07. Pricing and Payment

7.1 Pricing

Product prices are displayed on the Website and are quoted in euros.

Please note: Outside the European Union, and in French overseas territories and departments (DROM-COM), customs duties or local taxes may be applicable and charged to the Buyer upon receipt of their parcel, in addition to the price paid to SportOptim. These charges, which SportOptim is unable to determine in advance and therefore cannot communicate to the Buyer prior to their order, remain the sole responsibility of the Buyer, who is solely responsible for completing any related declarations and/or formalities.

7.2 Payment

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

Payment may be made online by credit or debit card through the secure payment service indicated on the Website, or by any other means made available on the Website at the time of ordering.

The Buyer warrants to SportOptim that they have the necessary authorisations to use the chosen payment method.

SportOptim reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by the Buyer, a payment failure, or fraud or attempted fraud in connection with the use of the Website.

7.3 Invoicing

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

7.4 Retention of Title

SportOptim retains full ownership of the Products sold until payment has been received in full, including delivery charges.

08. Delivery

8.1 Delivery Territories

Buyers are expressly informed that the Website delivers Products to the following countries only:

  • Metropolitan France and Corsica
  • European Union member states
  • Iceland
  • Liechtenstein
  • Norway
  • Switzerland

Products ordered on the Website will be delivered to the address provided by the Buyer at the time of ordering as the "delivery address" (which may differ from the billing address), provided that address falls within the applicable delivery territory for the Products concerned.

8.2 Delivery Methods

Several delivery options may be available depending on the Product category and weight.

Before confirming their order, the Buyer will be informed of the available delivery methods for the Product ordered, along with the corresponding timeframes and costs.

The Buyer must select their preferred delivery method and provide all information required to ensure successful delivery.

8.3 Delivery Timeframes

Delivery will be made within the timeframe specified in the order confirmation email.

If delivery does not take place within this timeframe, the Buyer may cancel the order by recorded letter with acknowledgement of receipt, or in writing on another durable medium, provided that they have first given SportOptim formal notice — using the same means — to complete delivery within a reasonable additional period, and SportOptim has failed to do so within that period.

The contract shall be deemed cancelled upon SportOptim's receipt of the letter or written notice informing it of the cancellation, unless delivery has taken place in the meantime.

In the event of cancellation under the above conditions, the Buyer will be refunded in full for all amounts paid, including delivery charges, no later than 14 days from the date on which the contract was cancelled.

SportOptim reserves the right in any event to contact the Buyer in order to propose alternative refund solutions. The Buyer must explicitly confirm their acceptance of any alternative refund method in writing on a durable medium.

09. Right of Withdrawal

The Buyer has 14 days from the date of receipt of their order to withdraw without providing any reason and without incurring any penalties, except for the cost of return shipping, which remains the Buyer's responsibility. Where an order includes several Products delivered separately, this period runs from the date of receipt of the last Product.

To exercise their right of withdrawal, the Buyer must notify SportOptim — at the contact details provided in the "Seller Information and Contact Details" section — before the above period expires, either by submitting the withdrawal form appended to these terms and conditions, duly completed, or by any written statement clearly expressing their intention to withdraw, including their order number.

Products must be returned to SportOptim in their original packaging, without undue delay and no later than 14 calendar days following the Buyer's notification of their intention to withdraw. A copy of the corresponding purchase invoice must be included. The Buyer shall be held liable for any deterioration of the Products during return shipping.

The Buyer will be refunded as promptly as possible, and no later than 14 days from the date SportOptim receives the withdrawal request, for the full amount paid for their order, minus any return shipping costs where applicable, which remain the Buyer's responsibility. SportOptim reserves the right to withhold the refund until the Products have been physically recovered.

10. Statutory Warranty

The Buyer benefits from the statutory warranty of conformity and the warranty against hidden defects in the item sold, including defects in conformity arising from the packaging of Products ordered on the Website.

If the Buyer finds that a delivered Product is defective, non-conforming, or damaged, they must notify SportOptim at the contact details provided in the "Seller Information and Contact Details" section, describing the nature of the defect, non-conformity, or damage, and providing any relevant supporting evidence, in particular photographs.

SportOptim will arrange return shipping through a carrier of its choice and inform the Buyer accordingly. SportOptim will bear the cost of return shipping.

SportOptim will carry out the necessary checks and, where possible, offer the Buyer a replacement Product. If replacement is not possible, SportOptim will refund the Buyer in full for the price paid for the Product and the corresponding delivery charges, by any appropriate means, as promptly as possible and no later than 14 days from the date SportOptim notifies the Buyer that replacement is not possible.

Summary of applicable provisions under the French Consumer Code:

The consumer has two years from delivery of the goods to invoke the statutory warranty of conformity in the event of a conformity defect. During this period, the consumer is only required to demonstrate the existence of the defect, not the date on which it appeared.

Where the contract of sale provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to that digital content or service throughout the agreed supply period. During this period, the consumer is only required to demonstrate the existence of the conformity defect affecting the digital content or service, not the date on which it appeared.

The statutory warranty of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without significant inconvenience to them.

If the goods are repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the original warranty.

If the consumer requests repair of the goods but the seller instead opts for replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a price reduction while retaining the goods, or a full refund in exchange for returning the goods, if:

  1. The trader refuses to repair or replace the goods;
  2. Repair or replacement takes place after a period of thirty days;
  3. Repair or replacement causes significant inconvenience to the consumer, in particular where the consumer permanently bears the costs of collecting or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
  4. The non-conformity of the goods persists despite the seller's unsuccessful attempt to remedy it.

The consumer is also entitled to a price reduction or cancellation of the contract where the conformity defect is so serious as to justify an immediate price reduction or cancellation. In such cases, the consumer is not required to first request repair or replacement.

The consumer is not entitled to cancel the sale if the conformity defect is minor.

Any period during which the goods are unavailable for use whilst being repaired or replaced suspends the remaining warranty period until the restored goods are returned.

The rights set out above arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who acts in bad faith to obstruct the enforcement of the statutory warranty of conformity may be subject to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code). The consumer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained, or a full refund upon return of the goods.

11. Buyers' Obligations

Buyers are solely responsible for their use of the Products. It is the Buyer's responsibility to verify that the Products are suitable for their specific needs before purchasing. Buyers are also solely responsible for reading and following the installation and usage instructions set out in the Product manual.

Buyers must take the necessary steps to back up, by their own means, any Account information they consider important, as no copy will be provided to them.

Buyers are also responsible for taking all appropriate measures to protect their own data and/or software stored on their devices against any interference.

12. SportOptim's Liability

12.1

SportOptim undertakes to carry out regular checks to verify the operation and accessibility of the Website. SportOptim reserves the right to temporarily suspend access to the Website for maintenance purposes. Equally, SportOptim cannot be held liable for any temporary difficulties or inability to access the Website arising from circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

12.2

SportOptim shall not be held liable for any failure to perform or delay in performing its obligations under a contract of sale where this results from circumstances beyond its control or a case of force majeure, as defined in Article 1218 of the French Civil Code.

12.3

In any event, SportOptim's liability under these terms and conditions is expressly limited to direct and proven losses suffered by Buyers.

13. Intellectual Property

The systems, software, structures, infrastructure, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by SportOptim on the Website are protected by all applicable intellectual property rights and database producers' rights. Any disassembly, decompilation, decryption, extraction, reuse, copying, or more generally any act of reproduction, representation, distribution, or use of any of these elements, in whole or in part, without SportOptim's authorisation is strictly prohibited and may result in legal proceedings.

14. Personal Data

SportOptim undertakes to comply with all legal and regulatory obligations applicable to the processing of personal data, in particular the French Data Protection Act of 6 January 1978 (Loi Informatique et Libertés) in its latest amended version and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).

For further information on the management of their personal data and their rights, Buyers are invited to read SportOptim's Privacy Policy, available here.

15. Advertising

SportOptim reserves the right to display advertising or promotional messages on any page of the Website and in any communications sent to Buyers, in such form and under such conditions as SportOptim alone shall determine.

16. Third-Party Links and Websites

SportOptim cannot under any circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including any partners) which the Buyer may access via the Website.

SportOptim accepts no liability for the content, advertising, products and/or services available on such third-party websites or mobile applications, which are governed by their own terms of use.

SportOptim is equally not responsible for any transactions between the Buyer and any advertiser, trader, or business (including any partners) to which the Buyer is directed via the Website, and cannot be a party to any disputes with such third parties relating in particular to the delivery of products and/or services, warranties, representations, or any other obligations to which those third parties are bound.

17. Prohibited Conduct

17.1

The following are strictly prohibited:

  • (i) any conduct liable to interrupt, suspend, slow down, or prevent the proper functioning of the Website;
  • (ii) any intrusion into or attempted intrusion into SportOptim's systems;
  • iii) any misappropriation of the Website's system resources;
  • (iv) any actions liable to impose a disproportionate load on the Website's infrastructure;
  • (v) any breach of security or authentication measures;
  • (vi) any acts liable to harm SportOptim's or other users' financial, commercial, or moral interests;
  • (vii) any use of the Website for purposes other than those for which it was designed; and more generally,
  • (viii) any breach of these terms and conditions or of applicable laws and regulations.

17.2

It is equally strictly prohibited to monetise, sell, or grant access, in whole or in part, to the Website or the information it contains.

17.3

Any commercial exploitation of the Products by Buyers is prohibited, including in particular any resale or distribution for consideration.

17.4

In the event of a breach of any provision of this section, or more generally of any infringement of applicable laws and regulations, SportOptim reserves the right to take any appropriate measures and to initiate legal proceedings.

18. Deregistration

The Buyer may deregister from the Website at any time by sending a request to SportOptim by email at the contact details provided in the "Seller Information and Contact Details" section.

Deregistration takes effect within a maximum of 15 days of the request. Where the Buyer holds an Account on the Website, deregistration will result in the automatic deletion of that Account.

19. Amendments

SportOptim reserves the right to amend these general terms and conditions of sale at any time. In such cases, the applicable terms and conditions will be those in force at the time the Buyer places their order.

20. Language

In the event that these terms and conditions are translated into one or more languages, the French version shall prevail in the event of any contradiction or dispute regarding the meaning of a term or provision.

21. Mediation

The Buyer has the right to refer any dispute arising from the performance of these terms and conditions to a consumer mediator, free of charge, with a view to reaching an amicable resolution, in accordance with Articles L611-1 et seq. of the French Consumer Code.

To do so, the Buyer may contact the following consumer mediation body:

Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean, 75017 Paris
Telephone: +33 (0)1 89 47 00 14
https://www.cm2c.net

Buyers who are consumers residing in another EU member state may also use the European Online Dispute Resolution platform, accessible here.

22. Governing Law

These terms and conditions are governed by French law.