Preamble
Object
Order and availability
Delivery
Terms of payment
Down payment
Price
Rights of withdrawal/return/exchange
Transport costs and risks
Guarantees
Signatures and evidence
Liability and guarantees
Personal data
Intellectual property
Entirety
Duration
Proof
Retention and archiving of transactions
Force majeure
Governing Law and Jurisdiction PREAMBLE These general conditions of sale are concluded between, on the one hand, Power E-Bike:
Website addresses: www.power-e-bike.fr
Hereinafter referred to as "the seller".And, on the other hand,Internet users, major non-commercial individuals, wishing to make a purchase on the Power E-bike online sales site visible at: https://www.power-e-bike.frHereinafter referred to as "the user" or "the buyer".These conditions govern the sale of any product or service presented on the site Power-e-bike.fr by the company/company Power E-bike.The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any other condition.Any order duly validated on the Power E-bike website implies full and unreserved acceptance of these general conditions of sale and, possibly, the special or specific conditions for one or more products, services or orders.If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France. The company/company Power E-bike undertakes to comply with all the provisions of the Consumer Code relating to distance selling. OBJECT These conditions are intended to define the terms of sale between the seller and the user, from the order to the services, including payment and delivery.They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties. ORDERING AND AVAILABILITY Power E-bike reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.You can order online:The order can only be registered on the site if the user has clearly identified himself by entering his username and password which are strictly personal to him.The user declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.Any order implies acceptance of the prices and descriptions of the products available for sale.The user declares to have read and accepted these General Terms and Conditions of Sale before placing your order. The validation of your order therefore implies acceptance of these General Terms and Conditions of Sale.After placing the order, the seller sends an e-mail to the user confirming it. The seller informs of the shipment of the items. The user has the possibility to modify the order until the date of dispatch of the items.The company Power E-bike undertakes to honor orders received on the website only within the limits of available stocks of products. In the absence of availability of the product, the seller undertakes to inform the user.
On the other hand, there is nothing to prevent e-merchants from charging a specific cost for orders or inquiries made prior to the conclusion of the contract. DELIVERY The delivery deadline corresponds to the shipping time indicated on the item sheet plus the processing and routing time.Any order placed on the site is delivered outside the France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination.These customs duties and possible taxes related to the delivery of an item are the responsibility of the user and is his responsibility.The seller is not obliged to check and inform of any applicable customs duties and taxes. To know them, we advise the user to inquire with the competent authorities of his country. TERMS OF PAYMENT Unless otherwise stated, Power E-bike invoices are payable IN CASH or within 30 days end of month, from the date of issue of such invoices by Power E-bike. In the event of non-payment of an invoice on its due date, Power E-bike will be entitled to claim from the customer, after prior formal notice by registered letter of receipt, late payment penalties equal, for each day of delay, to the amount excluding taxes of the said invoice multiplied by 1.5 times the legal interest rate in force. Unless otherwise stipulated on the quotation, purchase order, contract or invoice, no discount is granted for advance payment on a date prior to the delivery date appearing on the order form or any other document proving Power E-bike's acceptance to perform the service.
In the event that the customer fails to pay any amount due to Power E-bike, it reserves the right, with or without notice, to suspend any ongoing service as well as any future delivery to the customer, until the latter has paid the amount or amounts due.
If the customer's formal notice remains ineffective, Power E-bike may assign its claim to a factoring company at any time, in which case payment must be made for the benefit of the account mentioned on the invoice issued by the latter. In this case, Power E-bike will invoice the customer the lump sum of EUR 45 for administrative costs incurred for collection purposes.
In the event of proceedings, the customer shall bear all costs incurred by Power E-bike for the recovery of the sums due.
Down payment:The deposit reflects a firm commitment from both the seller and the buyer. It implies the obligation to purchase for one and the obligation to provide the good or service for the other. The deposit is non-refundable.PRICE The prices of our products are indicated in euros all taxes included excluding participation in processing and shipping costs.The seller reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of registration of the orders.The prices indicated on the site are guaranteed for the duration of online availability and within the limits of available stocks. RIGHT OF WITHDRAWAL / RETURN / EXCHANGE In accordance with Articles L.121-20 et seq. of the Consumer Code, the buyer, a non-professional natural person, has a period of 14 days from the day after he takes possession of the property to exercise his right of withdrawal by returning the item or items ordered to the seller without having to justify reasons or pay penalties with the exception, where applicable, shipping costs.Items must be returned in new condition, complete (with all accessories) and in the original packaging. Damaged items (shocks, scratches ...) or having served can not be taken back or exchanged.All items can be exchanged or refunded except those marked otherwise, for example items that have been personalized at the customer's request.You must return the products by registered mail so that there is irrefutable proof of the return by declaring the value of the products, as it results from the purchase invoice and ensuring the perfect insurance coverage of the risks of return.The exchange request by the user must be made within 15 days from the date of receipt or withdrawal of the package. If the new order is for a higher amount, the user must attach to the exchange request the payment of the remainder.Conversely, if the amount of the exchange is less than the initial amount (before any discounts or promotions), the user will receive upon receipt of the request a credit note in the form of a code (usable on the site) for refund of the difference. TRANSPORT COSTS AND RISKS The transport costs of a product under warranty or not are not covered. Power E-bike reserves the right to charge shipping costs for any repaired or exchanged merchandise.In accordance with Article L. 138-4 of the Consumer Code, any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods.
As a result, the Customer must make to Power E-bike the same day of delivery or at the latest the second working day following delivery, any claim of delivery error and / or non-conformity and / or anomaly of the products in kind or quality compared to the indications on the order form. Any claim made after this period will be rejected.
The Customer must send any complaint to Power E-bike at the following email address: contact1@Power-E-bike.fr
Any claim not made in the rules defined above and within the time limits can not be taken into account and will release Power E-bike from any responsibility. GUARANTEES The warranty does not cover accessories offered during promotions or special offers.The articles are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 and following of the Civil Code.The user benefits for the articles from a guarantee allowing him to return the items delivered defective in accordance with Articles L 211-4 and following of the Consumer Code.
- · Article L211-4 Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging. - · Article L211-5 Consumer Code
To comply with the contract, the property must:
1º Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that it has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2º Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted. - · Article L211-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. - · Article 1641 Civil Code
The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them. - · Article 1648 al. 1 Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
- six months for batteriesIn order to know the steps to follow concerning the after-sales service for any problem or breakdown on a product you can contact Customer Service. To be able to benefit from the product warranty, it is imperative to keep the purchase invoice of the product.Contractual guarantees do not cover:
- abnormal or improper use of the products.
- Wear parts² and their replacement.
- modification of connectors and connectors.
- defects and their consequences due to the intervention of a repairer not approved by Power E-bike
- defects and their consequences related to use not in accordance with the use for which the product is intended (professional use, use on public roads of kits exceeding 250Watt ...)
- Damage resulting from fire, lightning, rain, storm, vandalism or unsecured transportInterventions under the guarantee shall not have the effect of prolonging the duration of the guarantee.The costs and risks of return remain the responsibility of the customer.² The following parts are considered wear parts and are therefore not covered by the warranty:
- Elastic stops of forks and shock absorbers
- Fork tube and piston coatings for shock absorbers
- Rubber moving parts
- Brake linings
- Brake discs
- Joints
- Springs
- Rim sidewalls/braking surface
- Freewheel body
- Sliding joints and plain bearings
- Handles and handlebars
- Cassettes, sprocket, trays
- Fetters
- Landing or dwelling units
- Air seals/O-rings
- Tires
- Gear lever rubbers
- Transmission components
- Foam parts
- Mudguard, chain guide
- Cables and outer casings
- Rays
- Anti-dust rings