TERMS

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GENERAL TERMS & CONDITIONS (Update on 23.03.2022)

Article 1 : General provisions

The present General Conditions of Sale, hereinafter referred to as the "GCS", express the entirety of the obligations and contractual relations between the consumer and the company Avenir Mobilités (hereinafter referred to as the "Company"), together referred to as the "parties". In this sense, the consumer is deemed to accept without reserve the entirety of the provisions provided in these GCS. No general or specific condition appearing in the documents sent or given by the consumer will be able to be integrated into the present, since these documents would be incompatible with these GCS. If you do not agree with all of these terms and conditions, do not place an order.

Article 2 : Purpose

The purpose of these GCS is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company to the consumer. These GCS are essential to both parties, having been drafted for the purposes of a legal contract protecting both the rights of the consumer and the rights of the company.

The company may have to modify some of the provisions of the GCS. Therefore, it is necessary that they are reviewed before each order of products. These modifications are enforceable from the time they are put online and cannot apply to orders placed previously. Each order is governed by the GCS applicable on the date of the said order.

Article 3 : Contractual documents

The contract is formed by the following contractual documents, presented in descending order : 1) these GCS, 2) the purchase order and 3) the invoice. In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.

Contrats conclued on our website (data relating to your order and GCS in force on the day of your order) are archived for a period of ten (10) years. You can access archived contracts by making the request by e-mail to the contrats@emobilityshop.com email address or by post.

The language proposed for the conclusion of the contract is French.

Article 4 : Entry into force - duration 

These GCS come into force on the date of signing the order form. The present GCS are concluded for the duration necessary to the supply of the goods and services subscribed, until the extinction of the guarantees due by the company.

Article 5 : Availibity of products

Our product offers and prices are valid as long as they are visible on the website, that means within the limits of available stocks. Only products which are not shipped at the time of the order can be ordered. Upon receipt of your order, we verify the payment. Once the payment is confirmed, the product is reserved for you. In the event of unavailability related to a too long delay of payment, the company commits itself, within thirty (30) days as from the validation of the order:

-       Either to deliver the ordered product to you;

-       Either to refund it to you by bank transfer or by the credit of the credit card used to pay for your order of the amount of the product.

As for spare parts, they are available to order for two (2) years, but delivery times cannot be guaranteed in this sector of activity.

Article 6 : Price

The company reserves the right to modify its prices at any time, but undertakes to apply the prices, excluding promotional codes, which were indicated at the time of your order.

Article 7 : Validation of the order  

The quotes set by the company from its website are valid for a period of thirty (30) calendar days from the date of their issue and validation by the company.

When placing an order for products from the website, the consumer (hereinafter referred to as the "customer") must follow the following steps:

-       After accessing a first summary of the pre-selected products on the website, the customer is invited to click on order.Lors du passage de la commande de produits depuis le site Internet, le consommateur (ainsi nommé le « client ») doit suivre les étapes suivantes :

-       Log in by clicking on the login tab to create the customer account and fill in the order form with the information necessary for its identification: name, surname, e-mail, password, date of birth, etc., then click on continue.

-       Fill in the shipping and billing address, then click continue.

-       Choose the delivery method from the proposals, complete with a message for the carrier if necessary, then click continue.

-       Check the elements of the order and, if necessary, identify and correct any errors and / or omissions,

-       Choose the payment method: CB, PayPal (CB, VISA or Mastercard), 3 or 4 times free of charge by ONEY BANK.

-       Read the GCS and check the box "I have read the general conditions of sale and I adhere to them without reservation".

-       The customer definitively validates his order, in view of the summary displayed on the screen, by clicking on the tab "confirm and pay the order".

The customer is responsible for the accuracy and completeness of the information entered and entered on the website, so that the company cannot be responsible for any defect, delay and or non/conformity of delivery related to errors in the information entered.

The validation of the order tacitly implies the acceptance of these GCS. You agree not to place speculative, false or fraudulent orders. If we have reason to believe that such an order has been placed, we reserve the right to cancel it and inform the competent authorities. 

Regarding payment by credit card, your order is recorded with immediate debit upon validation of the order: validate once you have accepted these GCS, check your order, validate one last time it.

An order confirmation email summarizing the details of the order placed is sent to the email address provided.

The product purchased remains the property of the company, as long as its entire sale price has not been paid.

Article 8: terms of payment - secure payment

Unless proven otherwise, the data recorded by the company constitutes proof of all transactions made by it and its customers.

The website is subject to a security system and adopts the SSL encryption process, to effectively protect all sensitive data related to means of payment.

We offer the following payment methods:

-       Payment by credit cards or via PayPal (CB, Visa or Mastercard): the debit is made at the time of confirmation of your order

-       Payment by using the 3 times or 4 times free of charge by credit card via ONEY BANK: Payment solution in 3 times or 4 times without charge by credit card, Visa or Mastercard, from 100€ to 3000€ which allows to spread out the payment of the order in 3 or 4 debits according to the schedule, whose 1st due date is the day of your order. To benefit from payment in 3 or 4 times without charge by credit card, simply respect the following conditions: the amount of your shopping cart must be between 100 € and 3000 € – Accessible only to the physical persons resident in Metropolitan France, holders of a French bank card of debit CB, Visa or Mastercard. Cards with systematic authorization such as E-cards, Electron, Nickel and Maestro cards and Indigo and American Express cards are not accepted. Finally, the card used must have an expiry date greater than the duration of the financing chosen. Payment in 3 or 4 instalments by credit card will be offered at the payment choice stage (once your shopping cart has been validated). Solution proposed by ONEY BANK.

-       Payment by bank transfer: The bank details will be sent to you by email. You have a period of seven (7) calendar days from the finalization of your order to make the payment. Beyond this period, your order will be cancelled.

In order to optimize the security of payments, we may make requests for additional supporting documents (including a front copy of the identity card or pages 2 and 3 of the passport), the only recipient of which is the company and possibly the carrier in the event of a dispute. In case of failure to respond, we reserve the right to cancel the order. You have a right of access and rectification with the company.

Any proven fraud on the means of payment, identity theft, or recovery procedure for non-payment, cancels the warranty on the purchased product.

Unless withdrawn on site, the company does not accept payment on delivery and does not have the technical and logistical means to ensure this modality.

Article 9: Banking confidentiality

https://emobilityshop.com/en/ is an online sales website with online payment. However, no bank details (card number, cryptogram) are processed directly on the site. These details are processed by third-party online payment services independent of the site (bank or PayPal depending on the method of payment).

Article 10: fidelity program

For every hundred (100) euros of purchase made on the website www.emobilityshop.com, the customer will receive a voucher of 5 euros (https://emobilityshop.com/fr/cat/19-fidelisation). 

The voucher is valid on the website www.emobilityshop.com for the entire catalog of the company, including new and used vehicles, accessories, maintenance and spare parts.

The voucher is valid fifteen (15) days after the date of shipment of the purchased product in order to respect the whithdrawal right. It remains valid for a period of six (6) months.

Article 11: terms of delivery

The delivery times are indicated according to the availability of supply. Except in cases of force majeure (war, riot, fire, total or partial strike.), delivery times after shipment are between 24 and 96 hours in metropolitan France.

The products are delivered to the delivery address indicated at the time of the order.

11.2 - Delay or non-delivery 

In the case of a delivery with signature: In the absence of delivery at the date indicated by the carrier or, failing that, more than 30 days after the conclusion of his order, consumer can enjoin the seller to deliver the goods, within a reasonable additional time. The request is made by registered letter with acknowledgement of receipt or by email. If the delivery or the execution does not take place, the consumer can ask by registered letter with acknowledgement of receipt or by email the resolution (cancellation) of the sale according to the modalities foreseen in the articles L.216-1 and L.216-2 of the French Consumer code.

11.3 – Verification

The verification of the goods by the consumer must be carried out at the time of their support.

In the event of a dispute at the time of delivery (damaged, perforated, wet boxes, etc.), reservations must be made by the buyer at the time of delivery and in the presence of the driver. These reservations must be indicated on the paper delivery slip. Otherwise, the goods will be considered as having been delivered in good condition.

We recommend that you take photos of your reservations in order to keep proof.

In the event of damage or missing items, complaints about apparent defects or non-conformity of the product delivered, the consumer shall make clear and precise reservations that he shall notify within three (3) days following the date of delivery in writing to the company or the carrier. It will be up to the consumer to provide any justification as to the reality of the anomalies noted.

Article 12: Withdrawal right

The consumer has a period of fourteen (14) working days to return the products which do not suit him.

This period runs from the day of receipt of the order by the consumer.

If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day. Any return must be reported in advance to customer service using this PDF file or via our contact form mentioning the order number and the returned items.

The product will have to be returned by the customer’s shipping method choice. The customer is strongly advised to return the goods by registered mail or by tracking and to take out insurance with the carrier for the market value of the products, in order to protect the customer against any loss or damage.

Any product that has been used (mileage greater than twenty (20) km), damaged or returned incomplete by the consumer (eg: scratches, breakage, ...) will not be refunded in full. Indeed, our company reserves the right to apply a discount and penalties in case of depreciation of the returned good.

The discounts applied to the reimbursement are defined as follows according to the kilometers that have been driven by the customer:

- < 20 kms: 0% discount

- Between 20 and 50 kms: 10% discount

- Between 50 and 100 kms: 15% discount

- > 100 kms: -20% discount

In accordance with article L.221-18 and following of the French Consumer Code, the right of withdrawal is exercised without penalty for the customer, except for the cost of return at the customer's expense. In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or a voucher.

In case of withdrawal, the company will reimburse the customer of the totality of the sums paid, including the expenses of delivery, at the latest in the fourteen (14) days as from the date on which it is informed of the decision of the consumer to withdraw. The consumer will then be reimbursed by transfer from his bank account, PayPal or credit card depending on the payment method used at the time of purchase.

If the returned product does not reach the company within the legal deadline and under the conditions provided for in this article, the company reserves the right to refuse the returned goods and not to proceed with the refund or exchange in favor of the customer.

In the event that the customer wishes to use the product again, he/she must make a request to the customer service department so that the company can send it back at the customer's expense, payable in advance.

Article 13 : After Sale-Service (SAV)

13.1. Obligation of the consumer : 

Orders are necessarily intended for personal use. The resale, rental, use or processing of products for any commercial use is prohibited without the prior authorization of the company. The use of the product from the company will be carried out under the responsibility of the customer.

The customer is required to ensure the maintenance in good condition of the product, to use it in accordance with its purpose, in particular by respecting the prescriptions given by the company.

Upon receipt of the product, the customer undertakes to check the condition of the delivered product before any signature of the delivery note.

Unpacking failure or failure to put into service (less than fifteen (15) days after purchase) is considered as after-sales service under warranty. A product is considered to be broken when it is unpacked if it suffers an outright failure that prevents it from functioning normally at the time it is put into service or shortly thereafter.

From the date of receipt of the product, the customer is and remains responsible for all risks of deterioration or loss, and/or partial or total destruction of the product, regardless of the cause of the damage.

The customer is prohibited from making unauthorized modifications to the product. Any unauthorized modification will result in the loss of the warranty.

The customer is obliged to store and use the products in accordance with the instructions and regulations in force and to comply with all its legal obligations. The company can in no case be responsible for defects and deteriorations of the delivered products resulting from abnormal or non-conforming conditions of storage, conservation and use subsequent to the delivery of these products.

In case of failure of the product, the customer undertakes to inform the company within a maximum of forty-eight (48) hours in accordance with the procedure explained in article 13.2.

The customer also undertakes to cease all use of the product as soon as the failure is discovered, pending diagnosis and repair by the after-sales service after expertise of the product.

13.2. After-sales procedure 

This after-sales service procedure is carried out in parallel with the legal guarantees (legal guarantee of conformity, legal guarantee against hidden defects and commercial guarantee) or the right of withdrawal.

In a concern of quality and to optimize the time and administrative processing of the after-sales service, the EMOBILITY SHOP after-sales service workshop will handle all after-sales services of the companies in the group.

13.2.a Returning the product

In case of failure encountered on the purchased products on the website, the procedure is to contact the customer service via the contact form (https://emobilityshop.com/fr/nous-contacter) or via the customer chat present on the website (https://emobilityshop.com/fr) so that the company can communicate to you right way to proceed according to the problem.

The customer will be required to fill out a form of AUTHORIZATION OF RETURN SAV available on the website of the company (https://emobilityshop.com/fr/content/6-SAV). Any return of products must be subject to a prior agreement of return of the company. After agreement, the company will issue a return ticket for the customer for expertise of the product in its workshops.  The return ticket issued by the company is only valid for fifty (50) days from the date of issue.

The customer is free to choose his mode of transport. It is however advised to use a followed mode, the customer has the choice to subscribe an insurance against the loss of the parcel. If the commercial guarantee is confirmed by the diagnosis, the return costs will be reimbursed to the customer within the limit of 30€ TTC (the company will ask for the receipt to establish the reimbursement of the expenses engaged for the return, without which it cannot be carried out). No return costs will be charged to the customer in case of legal guarantee. For the return of spare parts that are received defective, the return costs will be reimbursed up to a maximum of 10€ including VAT.

The product must be returned to the After-Sales Service workshop in its original packaging, with polystyrene and other integrated wedges, or in any other packaging that offers equivalent protection. The product must be accompanied by the original accessories (chargers, manuals, packaging, etc.).  Transport damage is not covered by the company. The company reserves the right to refuse a return for any reason that is not in compliance with this article. A package checked as not conforming will be returned to the customer at his expense.

13.2.b Treatment of the SAV

Upon receipt, the Company appraise the product and determine whether the commercial or legal warranty conditions are applicable. If the warranty conditions are applicable, the Company proposes the repair, or the exchange of the product if it is not repairable. In the case where the conditions of commercial guarantees do not provide for the assumption of responsibility for the labour, a quotation will be submitted to the customer for agreement before any intervention.

If the expertise shows that the conditions of the guarantee are inapplicable (cf. exclusion of guarantee in article 15.2.b), the company shall draw up a repair quotation which shall be submitted to the client before any intervention.

The customer must indicate in writing his agreement or refusal of the quotation. Any agreement shall be deemed to be an order and shall commit the customer to paying the costs mentioned in the estimate, under the conditions indicated in Article 13 of the after-sales service.

If the quotation is refused, the return costs will be charged to the customer (14.40€ TTC for a spare part and 25€TTC for a scooter). Moreover, if the shipment is made without the original carton and its polystyrene cushioning or equivalent packaging, a fee of €21.60 (including VAT) will be charged for the return, unless the customer provides a letter of release.  

The quotation remains valid for thirty (30) days. If no response is received from the customer after this period, the company will apply a storage fee of two (2) € per day.

It is furthermore understood that the customer shall not request the intervention of a third party without prior written authorisation from the company. In case of third party intervention, at the initiative of the customer, this intervention would be considered as a modification of the product by the customer, and would put an end to the product warranty. Consequently, the costs and purchases related to such an intervention would not be reimbursed.

ATTENTION: defective parts are kept in the buffer zone for a maximum of one (1) month, particularly batteries that have become damp for safety reasons. After this period, they are sent for reprocessing and cannot be claimed back.

After one (1) year, any product whose return has not been validated by the customer and/or not claimed by the latter and for which the customer has not followed up on the company's attempts to contact it, shall automatically become the property of the company, which shall be free to destroy or resell it.

Article 14: Conformity of the products

The company undertakes to repair, reimburse or exchange new products declared to be non-compliant or not corresponding to the customer's order, as indicated in Article 14.3 hereof. Normal wear and tear, use outside of the recommendations or lack of maintenance are not covered by the guarantees.

After having contacted the customer service, the consumer must send us, with the shipment of the product which is the subject of the request, within the legal time limit of twenty-four (24) months (for new products) and twelve (12) months for second-hand products as from their receipt, a written complaint mentioning the reasons for his request for return for non-conformity, to the following address :

Avenir Mobilités - Atelier de réparation
14 rue des Saules ZA les Erlen

68920 Wettolsheim

France

After checking that the returned product does indeed present the complaints mentioned by the customer, the company will then proceed, at the customer's choice

- Replacement of the product ordered,

- Repair of the product.

However, the company may not proceed according to the customer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the product or the importance of the defect. In such a case, he shall be obliged to proceed, unless this is impossible, according to the method not chosen by the customer.

In accordance with Article L.217-13 of the French Consumer Code, if the customer chooses to have the goods repaired but this is not carried out by the company, a new period of legal guarantee of conformity attached to the replaced goods shall begin to run in favor of the consumer. This provision applies from the day the replacement goods are delivered to the consumer.

If repair and replacement of the product are impossible, the customer may return the product and have the price returned (refund) or keep the product and have part of the price returned.

In the case that the customer chooses to be reimbursed for the product and that this is possible for the company, this reimbursement will be made:

- Either by bank transfer ;

- Or by crediting the amount of the returned product to the payment method used by the customer at the time of purchase.

In the event that the product, whose defect is confirmed under warranty, would have a certain wear and tear before transmitting the request, the company will carry out the appropriate repairs, in the event that these are possible, or, if repairs are not possible, will apply a discount to the refunds of the defective product or will exchange it with an equivalent reconditioned product.

In the case of an effective legal guarantee, the shipping and return costs will be reimbursed to the customer (the company will request proof of the costs incurred). Within the framework of a commercial guarantee, the costs of returning the product remain the responsibility of the customer.

The products are returned only to the delivery address of the order, the same applies to the reimbursement of the return costs if applicable.

If the product(s) prove(s), after verification, to be free of defect(s), the return costs shall remain at the customer's expense and the file would then be within the framework of an SAV as indicated in Article 12 hereof.

The provisions of this article do not prevent the customer from benefiting from the legal right of withdrawal of 14 days indicated in Article 11 hereof.

Article 15: Legal guarantees and commercial guarantee of products

15.1 General conditions of guarantees

The products are covered by a legal guarantee against hidden defects under the conditions set out in articles 1641 to 1648 of the French Civil Code, as well as in article 2232 of the same code. The products are also covered by a legal guarantee of conformity in accordance with articles L217-3 to L217-17 of the French Consumer Code. These articles are reproduced in part in paragraph 14.3 and 14.4.

Products purchased on the site may also be covered by a commercial guarantee from the manufacturer. Where applicable, this is indicated on the product sheet.

Upon receipt of the product, the customer undertakes to check the condition of the product delivered before signing the delivery note.

Unpacking failure or failure to put into service (less than fifteen (15) days after purchase) is considered as after-sales service under warranty. A product is considered to be broken when it is unpacked if it suffers an outright failure that prevents it from functioning normally at the time it is put into service or shortly thereafter.

In order to benefit from the guarantee, it is essential to keep the purchase invoice for the product. The customer is also advised to keep the original packaging of the product as well as all the product accessories, including the user manual.

15.2 Commercial guarantee

15.2.a Content of the commercial guarantee

The provisions of this article cannot deprive the consumer of the legal guarantees.

The consumer is expressly informed that the company is not the producer of the products presented within the framework of the website, within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility for the defective products. Consequently, in the event of damage caused to a person or property by a lack of conformity or hidden defect of the product, only the responsibility of the producer of the latter may be sought by the consumer, on the basis of the information appearing on the packaging of the said product.

The consequences of a defective product are not covered by the guarantee, only the product is guaranteed on the basis of the relevant invoice. Also, the commercial guarantee does not cover other services, such as loss of operation, commercial or financial loss, and any other consequential damage.

The company guarantees for two (2) years the parts (excluding wearing parts and consumables) and the scooters and for one (1) year the batteries as from the reception of the scooter or the battery. Normal wear and tear of a battery can be up to 20% per year.

When these products are repaired under warranty in the after-sales service, unless they are immobilised for more than 7 days, this does not extend the warranty period of the product, in accordance with Article L217-16 of the Consumer Code. If the scooter is immobilised for more than 7 consecutive working days, the commercial guarantee will be extended by the same period.

Defective equipment under warranty must be reported to sav@emobilityshop.com with as detailed a description of the fault as possible.

The shipping costs are at the customer's expense and the return costs will be at the company's expense in the case of a warranty claim. Otherwise, the customer will be charged for the return shipping costs.

Any after-sales service intervention will be subject to a quotaiton if the faulty operation is due to normal wear and tear, negligence, an error of adjustment or use or a lack of maintenance on the part of the owner. This will be an after-sales procedure as described in Article 13 hereof.

Consumables and other wearing parts, brakes, tyres, suspensions, etc., are not included in the guarantees.

In order to guarantee maximum reactivity and the quality of the guarantee, defective parts are either replaced as new or replaced by reused parts whose perfect working order has been checked in the workshop prior to replacement.        

15.2. b Exclusion of guarantee 

In any case, the company declines all responsibility, in particular with regard to the choice of products by the customer or due to damage resulting from modifications that would have been made to the products or resulting from a failure to follow the recommendations for use of the products.

The following items are excluded from any warranty:

-       Normal wear and tear, i.e. the replacement of consumables (bulbs, fuses, tyres, inner tubes, etc.), as well as defects and their consequences linked to any external cause.

-       Defects and their consequences linked to abnormal or non-compliant use of the product, i.e. damage resulting from a failure to follow the recommendations for use of the product. In this respect, the customer is invited to carefully consult the instructions for use supplied with the product, as well as the company's recommendations, which are available in our FAQ section.

-       Breakdowns, damage or defects and their consequences due to intervention, modifications, incorporations or repairs to the product carried out by the customer or a third party not approved by the product manufacturer.

-       Deterioration or accidents resulting from negligence, lack of supervision, storage or maintenance or improper use.

-       Defects and their consequences linked to use that does not comply with the use for which the product is intended (use in the rain, professional, collective, etc.).

-       Batteries that have been exposed to water, humidity, cold or heat, as a result of improper use contrary to the recommendations.

Scooters that have not been serviced in accordance with the instructions in the user manual, i.e. every year and/or 1000 km, are excluded from any commercial guarantee.

Any scooter that has been structurally modified in order to develop a power higher than that decreed by the law in force is likely to lose all warranty.

With regard to new batteries, considered as consumables, the company guarantees 1 (one) year against damage due to manufacturing defects from the date of delivery. Damage due to manufacturing defects does not include the following damage, in addition to what is previously stated in this article "exclusion of warranty":

-       normal wear and tear,

-       short circuit,

-       overload,

-       charging faults,

-       overheating of the products,

-       improper storage, handling or intervention by the customer or a third party not authorised by the manufacturer,

-       use not in accordance with the instructions in the user or safety manual,

-       use that does not comply with the product specifications,

-       cases of force majeure.

Caution: Please note that any battery used for purposes other than those for which it is intended, or which is not properly maintained, may cause damage, including the risk of fire. The company cannot be held responsible in such circumstances. It is the responsibility of the property owner to comply with all recommendations.

15.3. Legal guarantee of conformity

In addition to the optional commercial guarantee, the customer has a legal guarantee of conformity. The legal guarantee of conformity on a new product is twenty-four (24) months and on a second-hand or reconditioned product, excluding wearing parts, is twelve (12) months.

In the event that the vehicle has not been serviced or has not been used in accordance with the company's prescriptions, recalled in article 14.2.b, the customer will not be able to avail himself of the legal presumption and the company reserves the possibility of contesting the non-conformity of this fact alone.

It will be up to the customer who makes a complaint to justify this maintenance.

The legal guarantee of conformity is governed by the following articles:

Article L217-4 of the French Consumer Code

The seller is obliged to deliver goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5 of the French Consumer Code

To be in conformity with the contract, the goods must be fit for the use usually expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model. Present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling, or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-7 of the French Consumer Code

Defects of conformity which appear within twenty-four months of delivery of the goods, including goods with digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.

For second-hand goods, this period is set at twelve months.

15.4 Guarantee for hidden defects of the thing sold :

The seller is bound by the guarantee for hidden defects of the thing sold which make it unsuitable for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code:

The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

Article 16 : Force majeure 

Neither party shall have failed to fulfil its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless the force majeure event makes it impossible, meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts for more than three months, the present GTC may be terminated by the injured party.

Article 17: Partial non-validation

If one or more stipulations of these GSC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

Article 18: Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these GSC shall not be interpreted for the future as a waiver of the obligation in question.

Article 19: Title

The titles of the GSC are for information purposes only and shall not affect their interpretation. In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent, but not the content of the clauses.

Article 20: Applicable law

These GSC are subject to French law. Under no circumstances does the company guarantee compliance with local legislation that may be applicable to you, when you access the website from other countries. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer should first contact the company to obtain an amicable solution. Secondly, and in the event of an appeal, the consumer may file a claim with the commercial court via its dedicated dialogue box. The French court will be competent in case of dispute.

Article 21: Data processing

The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company involved in the execution of this order. It will be kept for as long as necessary for the execution of its obligations.

Access to personal data will be strictly limited to employees of the data controller, authorised to process them by virtue of their functions.

In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by the law n° 2004-801 of August 6, 2004, and by the European Regulation n°2016/.679, the Customer has a right of access, rectification, deletion, and portability of the data concerning him/her, as well as the right to object to the processing for a legitimate reason, rights which he/she may exercise by contacting the company whose contact details are indicated in the confidentiality charter appearing on the website https://emobilityshop.com/.

In the event of a complaint, the customer may contact the Commission Nationale de l'Informatique et des Libertés (CNIL). "

Article 22: Eco participation

In accordance with the decree of 8 October 2014 taken in application of the decree n° 2014-928 of 19 August 2014, the company undertakes to take back your used electrical equipment within the limit of the quantity and type of equipment sold, as soon as you have made a request to our services within 15 days of the order.

Article 23: Charter of good conduct

In accordance with the decree n° 2019-1082 of 23/10/19, the charter reminds users of the rules to be respected.

In built-up areas, drivers of motorised personal transport devices must ride on cycle lanes or paths. When the roadway is bordered on both sides by a cycle lane, they must use the open lane on the right of the road, in the direction of traffic. In the absence of cycle lanes or tracks, they may also travel on roads with a speed limit of 50 km/h or less.

Outside built-up areas, the use of motorised personal transport devices is prohibited, except on greenways and cycle paths.

They may only be ridden on circuits for sporting purposes or on suitable terrain (except for professional agricultural, pastoral or forestry activities).

Minors under 12 years of age may only use these machines as part of activities organised by an approved sports association: learning to ride a motorbike, training, competition, leisure activities.

Protective equipment must be worn (full-face helmet, protective clothing, gloves, shoes, retro-reflective equipment, lights on, etc.).

The mechanical condition of the machine must be checked before each use.

Article 24: Conciliation of the parties in the event of a dispute of any kind

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we have set up a consumer mediation system.

The mediation body chosen is: SAS CNPM - MÉDIATION - CONSOMMATION.

In the event of a dispute, you may submit your complaint on the website http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MÉDIATION - CONSOMMATION, 27, avenue de la Libération - 42400 SAINT-CHAMOND.

This mediation procedure, which is not a mandatory prerequisite for initiating a dispute, is intended solely to try to bring the parties together with a view to reaching an amicable solution. Consequently, both the company and the consumer remain free to accept or refuse recourse to mediation, as well as to accept or refuse the solution proposed by the mediator.

Article 25: Reimbursement of claims

In accordance with the terms of law n° 2012-387 of 22 March 2012 relating to the simplification of the law and the reduction of administrative procedures, any professional who has not repaid his debts on time shall automatically be liable to his creditor for a fixed indemnity for collection costs in the amount of 40 euros.

GENERAL TERMS & CONDITIONS - PROFESSIONALS (Update on 23.03.2022)

Article 1 : General provisions

The present General Conditions of Sale, hereinafter referred to as the "GCS", express the entirety of the obligations and contractual relations between the client and the company Avenir Mobilités (hereinafter referred to as the "Company"), together referred to as the "parties". In this sense, the client is deemed to accept without reserve the entirety of the provisions provided in these GCS. No general or specific condition appearing in the documents sent or given by the client will be able to be integrated into the present, since these documents would be incompatible with these GCS. If you do not agree with all of these terms and conditions, do not place an order.

Article 2 : Purpose

 

The purpose of these GCS is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company to the client. These GCS are essential to both parties, having been drafted for the purposes of a legal contract protecting both the rights of the client and the rights of the company.

The company may have to modify some of the provisions of the GCS. Therefore, it is necessary that they are reviewed before each order of products. These modifications are enforceable from the time they are put online and cannot apply to orders placed previously. Each order is governed by the GCS applicable on the date of the said order.

Article 3 : Contractual documents

The contract is formed by the following contractual documents, presented in descending order : 1) these GCS, 2) the purchase order and 3) the invoice. In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.

Contrats conclued on our website (data relating to your order and GCS in force on the day of your order) are archived for a period of ten (10) years. You can access archived contracts by making the request by e-mail to the contrats@emobilityshop.com email address or by post.

The language proposed for the conclusion of the contract is French.

Article 4 : Entry into force - duration 

These GCS come into force on the date of signing the order form. The present GCS are concluded for the duration necessary to the supply of the goods and services subscribed, until the extinction of the guarantees due by the company.

Article 5 : Availibity of products

Our product offers and prices are valid as long as they are visible on the website, that means within the limits of available stocks. Only products which are not shipped at the time of the order can be ordered. Upon receipt of your order, we verify the payment. Once the payment is confirmed, the product is reserved for you. In the event of unavailability related to a too long delay of payment, the company commits itself, within thirty (30) days as from the validation of the order:

-       Either to deliver the ordered product to you;

-       Either to refund it to you by bank transfer or by the credit of the credit card used to pay for your order of the amount of the product.

As for spare parts, they are available to order for two (2) years, but delivery times cannot be guaranteed in this sector of activity.

Article 6 : Price

The company reserves the right to modify its prices at any time, but undertakes to apply the prices, excluding promotional codes, which were indicated at the time of your order.

Article 7 : Validation of the order  

The quotes set by the company from its website are valid for a period of thirty (30) calendar days from the date of their issue and validation by the company.

When placing an order for products from the website, the client (hereinafter referred to as the "client") must follow the following steps:

-       After accessing a first summary of the pre-selected products on the website, the client is invited to click on order.Lors du passage de la commande de produits depuis le site Internet, le consommateur (ainsi nommé le « client ») doit suivre les étapes suivantes :

-       Log in by clicking on the login tab to create the client account and fill in the order form with the information necessary for its identification: name, surname, e-mail, password, date of birth, etc., then click on continue.

-       Fill in the shipping and billing address, then click continue.

-       Choose the delivery method from the proposals, complete with a message for the carrier if necessary, then click continue.

-       Check the elements of the order and, if necessary, identify and correct any errors and / or omissions,

-       Choose the payment method: CB, PayPal (CB, VISA or Mastercard), 3 or 4 times free of charge by ONEY BANK.

-       Read the GCS and check the box "I have read the general conditions of sale and I adhere to them without reservation".

-       The client definitively validates his order, in view of the summary displayed on the screen, by clicking on the tab "confirm and pay the order".

The client is responsible for the accuracy and completeness of the information entered and entered on the website, so that the company cannot be responsible for any defect, delay and or non/conformity of delivery related to errors in the information entered.

The validation of the order tacitly implies the acceptance of these GCS. You agree not to place speculative, false or fraudulent orders. If we have reason to believe that such an order has been placed, we reserve the right to cancel it and inform the competent authorities.

 

Regarding payment by credit card, your order is recorded with immediate debit upon validation of the order: validate once you have accepted these GCS, check your order, validate one last time it.

An order confirmation email summarizing the details of the order placed is sent to the email address provided.

The product purchased remains the property of the company, as long as its entire sale price has not been paid.

Article 8: terms of payment - secure payment

Unless proven otherwise, the data recorded by the company constitutes proof of all transactions made by it and its clients.

The website is subject to a security system and adopts the SSL encryption process, to effectively protect all sensitive data related to means of payment.

We offer the following payment methods:

-       Payment by credit cards or via PayPal (CB, Visa or Mastercard): the debit is made at the time of confirmation of your order

-       Payment by using the 3 times or 4 times free of charge by credit card via ONEY BANK: Payment solution in 3 times or 4 times without charge by credit card, Visa or Mastercard, from 100€ to 3000€ which allows to spread out the payment of the order in 3 or 4 debits according to the schedule, whose 1st due date is the day of your order. To benefit from payment in 3 or 4 times without charge by credit card, simply respect the following conditions: the amount of your shopping cart must be between 100 € and 3000 € – Accessible only to the physical persons resident in Metropolitan France, holders of a French bank card of debit CB, Visa or Mastercard. Cards with systematic authorization such as E-cards, Electron, Nickel and Maestro cards and Indigo and American Express cards are not accepted. Finally, the card used must have an expiry date greater than the duration of the financing chosen. Payment in 3 or 4 instalments by credit card will be offered at the payment choice stage (once your shopping cart has been validated). Solution proposed by ONEY BANK.

-       Payment by bank transfer: The bank details will be sent to you by email. You have a period of seven (7) calendar days from the finalization of your order to make the payment. Beyond this period, your order will be cancelled.

In order to optimize the security of payments, we may make requests for additional supporting documents (including a front copy of the identity card or pages 2 and 3 of the passport), the only recipient of which is the company and possibly the carrier in the event of a dispute. In case of failure to respond, we reserve the right to cancel the order. You have a right of access and rectification with the company.

Any proven fraud on the means of payment, identity theft, or recovery procedure for non-payment, cancels the warranty on the purchased product.

Unless withdrawn on site, the company does not accept payment on delivery and does not have the technical and logistical means to ensure this modality.

Article 9: Banking confidentiality

https://emobilityshop.com/en/ is an online sales website with online payment. However, no bank details (card number, cryptogram) are processed directly on the site. These details are processed by third-party online payment services independent of the site (bank or PayPal depending on the method of payment).

Article 10: terms of delivery

The delivery times are indicated according to the availability of supply. Except in cases of force majeure (war, riot, fire, total or partial strike.), delivery times after shipment are between 24 and 96 hours in metropolitan France.

The products are delivered to the delivery address indicated at the time of the order.

10.2 - Delay or non-delivery

 

In the case of a delivery with signature: In the absence of delivery at the date indicated by the carrier or, failing that, more than 30 days after the conclusion of his order, client can enjoin the seller to deliver the goods, within a reasonable additional time. The request is made by registered letter with acknowledgement of receipt or by email. If the delivery or the execution does not take place, the client can ask by registered letter with acknowledgement of receipt or by email the resolution (cancellation) of the sale according to the modalities foreseen in the articles L.216-1 and L.216-2 of the French Client code.

 

10.3 – Verification

The verification of the goods by the client must be carried out at the time of their support.

In the event of a dispute at the time of delivery (damaged, perforated, wet boxes, etc.), reservations must be made by the buyer at the time of delivery and in the presence of the driver. These reservations must be indicated on the paper delivery slip. Otherwise, the goods will be considered as having been delivered in good condition.

We recommend that you take photos of your reservations in order to keep proof.

In the event of damage or missing items, complaints about apparent defects or non-conformity of the product delivered, the client shall make clear and precise reservations that he shall notify within eight (8) days following the date of delivery in writing to the company or the carrier. It will be up to the client to provide any justification as to the reality of the anomalies noted.

Article 11: Withdrawal right

Article L121-16-1 of the French Consumer Code provides that the right of withdrawal between professionals applies only to contracts for the provision of services or the sale of goods concluded off-premises, the purpose of which does not fall within the main field of activity of the client company and when the professional client does not employ more than 5 employees.The client has a period of fourteen (14) working days to return the products which do not suit him.

This period runs from the day of receipt of the order by the client.

If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day. Any return must be reported in advance to client service using this PDF file or via our contact form mentioning the order number and the returned items.

The product will have to be returned by the client’s shipping method choice. The client is strongly advised to return the goods by registered mail or by tracking and to take out insurance with the carrier for the market value of the products, in order to protect the client against any loss or damage.

Any product that has been used (mileage greater than twenty (20) km), damaged or returned incomplete by the client (eg: scratches, breakage, ...) will not be refunded in full. Indeed, our company reserves the right to apply a discount and penalties in case of depreciation of the returned good.

The discounts applied to the reimbursement are defined as follows according to the kilometers that have been driven by the client:

- < 20 kms: 0% discount

- Between 20 and 50 kms: 10% discount

- Between 50 and 100 kms: 15% discount

- > 100 kms: -20% discount

In accordance with article L.221-18 and following of the French Client Code, the right of withdrawal is exercised without penalty for the client, except for the cost of return at the client's expense. In the event of the exercise of the right of withdrawal, the client has the choice of requesting either a refund of the sums paid, or a voucher.

In case of withdrawal, the company will reimburse the client of the totality of the sums paid, including the expenses of delivery, at the latest in the fourteen (14) days as from the date on which it is informed of the decision of the client to withdraw. The client will then be reimbursed by transfer from his bank account, PayPal or credit card depending on the payment method used at the time of purchase.

If the returned product does not reach the company within the legal deadline and under the conditions provided for in this article, the company reserves the right to refuse the returned goods and not to proceed with the refund or exchange in favor of the client.

In the event that the client wishes to use the product again, he/she must make a request to the client service department so that the company can send it back at the client's expense, payable in advance.

Article 12 : After Sale-Service (SAV)

 

12.1. Obligation of the client : 

 

Orders are necessarily intended for personal use. The resale, rental, use or processing of products for any commercial use is prohibited without the prior authorization of the company. The use of the product from the company will be carried out under the responsibility of the client.

The client is required to ensure the maintenance in good condition of the product, to use it in accordance with its purpose, in particular by respecting the prescriptions given by the company.

Upon receipt of the product, the client undertakes to check the condition of the delivered product before any signature of the delivery note.

Unpacking failure or failure to put into service (less than fifteen (15) days after purchase) is considered as after-sales service under warranty. A product is considered to be broken when it is unpacked if it suffers an outright failure that prevents it from functioning normally at the time it is put into service or shortly thereafter.

From the date of receipt of the product, the client is and remains responsible for all risks of deterioration or loss, and/or partial or total destruction of the product, regardless of the cause of the damage.

The client is prohibited from making unauthorized modifications to the product. Any unauthorized modification will result in the loss of the warranty.

The client is obliged to store and use the products in accordance with the instructions and regulations in force and to comply with all its legal obligations. The company can in no case be responsible for defects and deteriorations of the delivered products resulting from abnormal or non-conforming conditions of storage, conservation and use subsequent to the delivery of these products.

In case of failure of the product, the customer undertakes to inform the company within a maximum of forty-eight (48) hours in accordance with the procedure explained in article 12.2.

The customer also undertakes to cease all use of the product as soon as the failure is discovered, pending diagnosis and repair by the after-sales service after expertise of the product.

12.2. After-sales procedure 

In a concern of quality and to optimize the time and administrative processing of the after-sales service, the EMOBILITY SHOP after-sales service workshop will handle all after-sales services of the companies in the group.

1. Contact

In case of failure encountered on the purchased products from the company, the procedure is to contact :

- or the company's client service department via :

o the contact form accessible on its website,

o the client chat on its website,

- or the company's after-sales service at the address sav@avenirmobilites.fr

 so that the company can communicate the correct procedure to follow according to the problem.

2. Contact form

The client will have to fill a form of REQUEST FOR AUTHORIZATION OF SAV RETURN available on the Internet site of the company to the address which will be communicated to him.

This form contains all the information required for the processing of the after-sales service request.

3. Return authorization

Any return of products must be subject to a return authorization (RMA), which will then be sent to the client. This RMA number must be displayed on the product packaging.

The attribution of a return authorization number is not an acknowledgement by the company of the defect of the products: only the expertise of the product by the technical service of the company will be able to determine the assumption of responsibility of the product under guarantee or not.

4.Transport of the product for return

The client is free to choose his mode of transport. The return ticket that could be issued by the company is only valid for fifty (50) days from the date of issue.

 It is however advised to use a followed mode, and the client has the choice to subscribe an insurance against the loss of the parcel. If the commercial guarantee is confirmed by the diagnosis, the return costs will be reimbursed to the client within the limit of 30€ TTC (the company will ask for the receipt to establish the reimbursement of the expenses engaged for the return, without which it cannot be carried out). No return costs will be charged to the client in case of legal guarantee. For the return of spare parts that are received defective, the return costs will be reimbursed up to a maximum of 10€ including VAT.

The product must be returned to the After Sales Service in its original packaging, with polystyrene and other integrated wedges, or packaging of equivalent quality.

The product must be accompanied by the original accessories (chargers, manuals, packaging and protections, etc.). 

Transport damage is not covered by the company. The company reserves the right to refuse a return for any reason that is not in compliance with this article. A package checked as not conforming will be returned to the client at his expense.

12.3. Treatment of the After Sales Service

Upon receipt, the Company appraise the product and determine whether the commercial or legal warranty conditions are applicable.

1. Taking into warranty

If the warranty conditions are applicable, the Company proposes the repair, or the exchange of the product if it is not repairable. In the case where the conditions of commercial guarantees do not provide for the assumption of responsibility for the labour, a quotation will be submitted to the client for agreement before any intervention.

2. No warranty

a) Quotation

If the expertise shows that the conditions of guarantee are inapplicable, the company establishes an estimate of repair which is submitted to the client before any intervention:

  •          The customer must signify in writing his agreement or refusal of the estimate provided. Any agreement is considered as an order and commits the customer to pay the costs mentioned on the estimate.
  •          If the estimate is refused, the expenses of return will be the responsibility of the customer (14,40€ TTC for a spare part and 25€TTC for a scooter).
  •          The estimate remains valid for thirty (30) days. Without response from the customer after this period, the company will apply storage charges of two (2) € per day.

If the shipment is made without the original box and its polystyrene wedges or equivalent packaging, a fee of 21.60 € TTC will be charged for the return.

Products not covered by the warranty will be returned only after receipt of payment of the corresponding invoice.

b) Storage of defective parts

Defective parts are kept in the buffer zone for a maximum of one (1) month, especially batteries that have become damp for safety reasons. After this period, they are sent to the reprocessing circuit and can no longer be claimed.

After one (1) year, any product whose return has not been validated by the client and/or not claimed by the latter and for which the client has not followed up on the company's attempts to contact it, shall automatically become the property of the company, which shall be free to destroy or resell it.

3. Spare parts service

a) General spare parts

For the spare parts, the diagnosis of the warranty will be done remotely, after analysis of the form filled by the customer.

After analysis of the form filled in by the customer, the company will send the replacement spare part, at its own expense, to the customer when the warranty is confirmed.

If the remote diagnosis is not possible, the company will be able to ask the customer to send back the spare part and/or the whole scooter. The SAV will then be managed in accordance with point 4 above.

b) Batteries

The batteries, after prior authorization of the company following the analysis of the danger related to transport, must be returned by the customer to the company.

In order to avoid any damage, the batteries must be packaged for transport as follows

- a double fluted cardboard box,

- a quadruple thickness of bubble wrap,

- insulated connectors,

- The battery must be secured in the box so that it does not move in its packaging.

If the return of the battery is deemed dangerous by the company, it may indicate to the customer a collection area for recycling if the latter does not have a specific internal procedure.

The shipping costs of the battery are at the customer's expense and the return costs will be at the company's expense in case of taking under warranty.

Article 13: Conformity of the products

It is the customer's responsibility to check the shipments upon arrival of the goods and to exercise, if necessary, its recourse against the carrier.

The customer is required to provide any justification as to the reality of the non-conformities that he mentions. The customer shall allow the company every facility to proceed to the observation of the non-conformities and to remedy them. The client shall refrain from intervening himself or having a third party intervene for this purpose without informing the company. In the event of proven non-conformity, the company will proceed, at its discretion, either to replace the products or to issue a credit note.

The lack of conformity of a part of the delivery does not exempt the buyer from his obligation to pay for the products for which there is no dispute.

Complaints about the conformity of the products will only be considered if they are made in writing and within the period of eight (8) days from the date of delivery, unless previously agreed by us.

Article 14: Legal guarantees and commercial guarantee of products

14.1 General conditions of guarantees

The products are covered by a legal guarantee against hidden defects under the conditions set out in articles 1641 to 1648 of the French Civil Code, as well as in article 2232 of the same code.

Products purchased on the site may also be covered by a commercial guarantee from the manufacturer. Where applicable, this is indicated on the product sheet.

Upon receipt of the product, the client undertakes to check the condition of the product delivered before signing the delivery note.

Is considered as after-sales service taken under warranty, the failure to unpack or failure to start up occurring within the following cumulative time:

- Within four (4) months from the date of the purchase invoice between the professional reseller and the company and ;

- Within fifteen (15) days from the date of the purchase invoice between the professional reseller and the end customer.

A product is considered to be faulty when unpacked if it suffers a breakdown that prevents it from functioning normally, and this at the time it is put into service within the first mile.

In order to benefit from the guarantee, it is essential to keep the purchase invoice for the product. The client is also advised to keep the original packaging of the product as well as all the product accessories, including the user manual.

14.2 Commercial guarantee

14.2.a Content of the commercial guarantee

The provisions of this article cannot deprive the client of the legal guarantees.

The client is expressly informed that the company is not the producer of the products presented within the framework of the website, within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility for the defective products. Consequently, in the event of damage caused to a person or property by a lack of conformity or hidden defect of the product, only the responsibility of the producer of the latter may be sought by the client, on the basis of the information appearing on the packaging of the said product.

The consequences of a defective product are not covered by the guarantee, only the product is guaranteed on the basis of the relevant invoice. Also, the commercial guarantee does not cover other services, such as loss of operation, commercial or financial loss, and any other consequential damage.

The company guarantees as from the reception of the scooter or the battery:

  •          For two (2) years on parts (excluding wear parts and consumables) and scooters,
  •          During one (1) year the batteries (The normal wear of a battery can go up to 20% per year)
  •          Consumables and other wearing parts, brakes, tires, suspensions..., are not included in the guarantees.

In order to guarantee both a maximum reactivity and a quality of the guarantee, the defective parts are :

  •          either replaced as new,
  •          or replaced by reused parts whose perfect working order will have been checked in our workshop before replacement.

The shipping costs are at the client's expense and the return shipping costs will be at the company's expense in case of taking under warranty. Otherwise, the client will be charged for the return shipping costs.

When these products are repaired under warranty in the after-sales service, unless they are immobilised for more than 7 days, this does not extend the warranty period of the product, in accordance with Article L217-16 of the Client Code. If the scooter is immobilised for more than 7 consecutive working days, the commercial guarantee will be extended by the same period.

Defective equipment under warranty must be reported to sav@emobilityshop.com with as detailed a description of the fault as possible.

The shipping costs are at the client's expense and the return costs will be at the company's expense in the case of a warranty claim. Otherwise, the client will be charged for the return shipping costs.

Any after-sales service intervention will be subject to a quotaiton if the faulty operation is due to normal wear and tear, negligence, an error of adjustment or use or a lack of maintenance on the part of the owner. This will be an after-sales procedure as described in Article 12 hereof.        

14.2. b Exclusion of guarantee 

In any case, the company declines all responsibility, in particular with regard to the choice of products by the client or due to damage resulting from modifications that would have been made to the products or resulting from a failure to follow the recommendations for use of the products.

The following items are excluded from any warranty:

-       Normal wear and tear, i.e. the replacement of consumables (bulbs, fuses, tyres, inner tubes, etc.), as well as defects and their consequences linked to any external cause.

-       Defects and their consequences linked to abnormal or non-compliant use of the product, i.e. damage resulting from a failure to follow the recommendations for use of the product.

-       Breakdowns, damage or defects and their consequences due to intervention, modifications, incorporations or repairs to the product carried out by the client or a third party not approved by the product manufacturer.

-       Deterioration or accidents resulting from negligence, lack of supervision, storage or maintenance or improper use.

-       Batteries that have been exposed to water, humidity, cold or heat, as a result of improper use contrary to the recommendations.

Scooters that have not been serviced in accordance with the instructions in the user manual, i.e. every year and/or 1000 km, are excluded from any commercial guarantee.

Any scooter that has been structurally modified in order to develop a power higher than that decreed by the law in force is likely to lose all warranty.

With regard to new batteries, considered as consumables, the company guarantees 1 (one) year against damage due to manufacturing defects from the date of delivery. Damage due to manufacturing defects does not include the following damage, in addition to what is previously stated in this article "exclusion of warranty":

-       normal wear and tear,

-       short circuit,

-       overload,

-       charging faults,

-       overheating of the products,

-       improper storage, handling or intervention by the client or a third party not authorised by the manufacturer,

-       use not in accordance with the instructions in the user or safety manual,

-       use that does not comply with the product specifications,

-       cases of force majeure.

Caution: Please note that any battery used for purposes other than those for which it is intended, or which is not properly maintained, may cause damage, including the risk of fire. The company cannot be held responsible in such circumstances. It is the responsibility of the property owner to comply with all recommendations.

14.3 Guarantee for hidden defects of the thing sold:

The seller is bound by the guarantee for hidden defects of the thing sold which make it unsuitable for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code:

The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

Article 15: Force majeure 

Neither party shall have failed to fulfil its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless the force majeure event makes it impossible, meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts for more than three months, the present GTC may be terminated by the injured party.

Article 16: Partial non-validation

If one or more stipulations of these GSC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

Article 17: Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these GSC shall not be interpreted for the future as a waiver of the obligation in question.

Article 18: Title

The titles of the GSC are for information purposes only and shall not affect their interpretation. In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent, but not the content of the clauses.

Article 19: Applicable law

These GSC are subject to French law. Under no circumstances does the company guarantee compliance with local legislation that may be applicable to you, when you access the website from other countries. This applies to both substantive and formal rules. In the event of a dispute or claim, the client should first contact the company to obtain an amicable solution. Secondly, and in the event of an appeal, the client may file a claim with the commercial court via its dedicated dialogue box. The French court will be competent in case of dispute.

Article 20: Data processing

The information requested from the client is necessary for the processing of his order and may be communicated to the contractual partners of the company involved in the execution of this order. It will be kept for as long as necessary for the execution of its obligations.

Access to personal data will be strictly limited to employees of the data controller, authorised to process them by virtue of their functions.

In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by the law n° 2004-801 of August 6, 2004, and by the European Regulation n°2016/.679, the Client has a right of access, rectification, deletion, and portability of the data concerning him/her, as well as the right to object to the processing for a legitimate reason, rights which he/she may exercise by contacting the company whose contact details are indicated in the confidentiality charter appearing on the website of the company.  

In the event of a complaint, the client may contact the Commission Nationale de l'Informatique et des Libertés (CNIL).

Article 21: Eco participation

In accordance with the decree of 8 October 2014 taken in application of the decree n° 2014-928 of 19 August 2014, the company undertakes to take back your used electrical equipment within the limit of the quantity and type of equipment sold, as soon as you have made a request to our services within 15 days of the order.

Article 22: Charter of good conduct

In accordance with the decree n° 2019-1082 of 23/10/19, the charter reminds users of the rules to be respected.

In built-up areas, drivers of motorised personal transport devices must ride on cycle lanes or paths. When the roadway is bordered on both sides by a cycle lane, they must use the open lane on the right of the road, in the direction of traffic. In the absence of cycle lanes or tracks, they may also travel on roads with a speed limit of 50 km/h or less.

Outside built-up areas, the use of motorised personal transport devices is prohibited, except on greenways and cycle paths.

They may only be ridden on circuits for sporting purposes or on suitable terrain (except for professional agricultural, pastoral or forestry activities).

Minors under 12 years of age may only use these machines as part of activities organised by an approved sports association: learning to ride a motorbike, training, competition, leisure activities.

Protective equipment must be worn (full-face helmet, protective clothing, gloves, shoes, retro-reflective equipment, lights on, etc.).

The mechanical condition of the machine must be checked before each use.

Article 23: Conciliation of the parties in the event of a dispute of any kind

In accordance with Articles L.616-1 and R.616-1 of the Client Code, we have set up a client mediation system.

The mediation body chosen is: SAS CNPM - MÉDIATION - CONSOMMATION.

In the event of a dispute, you may submit your complaint on the website http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MÉDIATION - CONSOMMATION, 27, avenue de la Libération - 42400 SAINT-CHAMOND.

This mediation procedure, which is not a mandatory prerequisite for initiating a dispute, is intended solely to try to bring the parties together with a view to reaching an amicable solution. Consequently, both the company and the client remain free to accept or refuse recourse to mediation, as well as to accept or refuse the solution proposed by the mediator.

Article 24: Reimbursement of claims

In accordance with the terms of law n° 2012-387 of 22 March 2012 relating to the simplification of the law and the reduction of administrative procedures, any professional who has not repaid his debts on time shall automatically be liable to his creditor for a fixed indemnity for collection costs in the amount of 40 euros.


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