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.
Payment and debt recovery
Unless otherwise agreed, invoices are payable on receipt or at 30 days, end of month, from issue. No early-payment discount is granted unless otherwise stated in the quotation, order form, contract or invoice. In the event of non-payment, the buyer may receive formal notice; any penalties may only be claimed where legally permissible and under the payment terms applicable to the order.
Where permitted by law, the seller may suspend unpaid services or deliveries and assign a debt; the buyer is then informed of the payment recipient. Costs of amicable debt recovery without an enforceable title remain payable by the creditor, except where the law provides otherwise. No automatic 45-euro fee or automatic liability for all litigation costs is imposed on the consumer; court costs follow statutory rules and, where applicable, the judge’s decision.
Advance payment
An advance payment creates a firm commitment for both seller and buyer: the seller must supply the goods or service and the buyer must purchase them. It is nevertheless refundable where withdrawal, termination of the contract or another statutory rule requires a refund.
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.Statutory right of withdrawal
For a distance sale, the consumer generally has 14 days from receipt of the goods by the consumer or a designated third party other than the carrier to notify the seller of withdrawal, without reasons or penalties. Time-limit calculations and multiple deliveries follow Articles L221-18 and L221-19 of the French Consumer Code. The decision is notified using the withdrawal form or any unambiguous statement; sending the parcel is not the only way to notify withdrawal.
The goods must be returned without undue delay and no later than 14 days after withdrawal is notified, unless the seller offers to collect them. The buyer bears direct return costs where informed before ordering, unless the seller agrees to pay them. Tracked shipping and suitable protection are recommended; registered post or a particular insurance policy is not a general condition for exercising the right.
The buyer may examine the goods to establish their nature, characteristics and proper functioning. Use or absence of the original packaging does not automatically remove the right of withdrawal. A reduction for diminished value is only possible under the statutory conditions, for handling beyond that necessary examination. Exceptions are those in Article L221-28, including genuinely made-to-specification or clearly personalised goods; a contrary statement on a product page is not sufficient.
The refund covers payments received, including standard delivery costs, no later than 14 days after notification. The seller may withhold it until the goods are received or proof of return shipment is provided, whichever occurs first. The same payment method is used unless another method is expressly agreed at no cost. Store credit is not imposed for a statutory refund. Additional charges for choosing delivery more expensive than standard delivery are not refunded.
Commercial exchange separate from withdrawal
A commercial exchange must be requested within 15 days of receiving or collecting the parcel. If the new order costs more, the buyer pays the difference. If the exchange amount is lower than the initial amount before discounts or promotions, a credit code usable on the website is issued for the difference. These commercial exchange arrangements do not replace refunds due under withdrawal rights or statutory guarantees.
Transport, delivery and complaints
Risk of loss or damage passes when the buyer or designated third party physically receives the goods. If the buyer chooses a carrier other than the one offered by the seller, Article L216-3’s special rules apply. Promptly report delivery errors or problems to customer service; failure to complain on delivery day or within two days does not remove statutory rights. The seller bears the costs necessary to restore conformity under the statutory guarantee. Outside that framework, any transport charges for an intervention are stated before it is accepted.
Invoking guarantees
Power E-Bike is responsible for statutory guarantees as the seller. Keep proof of purchase to assist after-sales service; statutory rights are not conditional solely on retaining an invoice if purchase can be established otherwise. For used goods, the presumption that a defect existed at delivery lasts 12 months, without reducing the two-year statutory conformity guarantee. Statutory guarantees remain independent of commercial guarantees.
Statutory guarantees under French law
The consumer has two years from delivery of the goods to invoke the statutory conformity guarantee if a lack of conformity appears. During this period, the consumer only needs to establish that a lack of conformity exists, not when it appeared.
If the sales contract provides for continuous supply of digital content or a digital service for more than two years, the statutory guarantee applies to that content or service throughout the agreed supply period. During that period, the consumer only needs to establish the existence of a lack of conformity affecting the digital content or service, not when it appeared.
Where applicable, the statutory conformity guarantee requires the trader to supply all updates needed to maintain the conformity of the goods.
The statutory conformity guarantee entitles the consumer to repair or replacement of the goods within thirty days of the request, free of charge and without significant inconvenience.
If the goods are repaired under the statutory conformity guarantee, the consumer receives a six-month extension of the initial guarantee.
If the consumer requests repair but the seller imposes replacement, the statutory conformity guarantee starts again for two years from the replacement date.
The consumer may keep the goods and obtain a price reduction, or end the contract and obtain a full refund on returning the goods, if:
1. The trader refuses to repair or replace the goods;
2. Repair or replacement takes place after thirty days;
3. Repair or replacement causes significant inconvenience to the consumer, particularly if the consumer ultimately bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4. The lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or termination of the contract if the lack of conformity is serious enough to justify an immediate price reduction or termination. The consumer does not then have to request repair or replacement first.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period in which the goods are unavailable for repair or replacement suspends the remaining guarantee until the restored goods are delivered.
The rights described above arise under Articles L.217-1 to L.217-32 of the French Consumer Code.
A seller who obstructs the statutory conformity guarantee in bad faith may incur a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).
The consumer also benefits from the statutory hidden-defect guarantee under Articles 1641 to 1649 of the French Civil Code for two years after discovering the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or a full refund on returning the goods.
Commercial guarantees and product use
The stated commercial guarantees are one year for motor kits and accessories and six months for batteries. They supplement statutory guarantees without limiting them. Commercial exclusions for accessories offered in promotions do not remove statutory rights attached to the sale. Installing or using kits, batteries and accessories may change the bicycle’s regulatory category and conformity: check the complete assembly before riding on roads open to the public. The duty to follow instructions and regulations does not release the seller from its own statutory obligations.
Commercial guarantee exclusions concern abnormal or improper use, normal wear and its replacement, altered connections, defects and consequences of work by an unapproved repairer, unintended use including professional use or public-road use of a non-conforming configuration, and damage from fire, lightning, rain, storms, vandalism or insecure transport. They cannot exclude a defect covered by a statutory guarantee. Return costs and risks are not automatically charged to the customer where the law requires the seller to bear them. Statutory suspensions, renewals and extensions of guarantees remain applicable.
Wear parts in the commercial guarantee
The list below concerns normal wear; it does not exclude a lack of conformity or hidden defect covered by law.
- Fork and shock absorber elastomer stops
- Fork tube and shock piston coatings
- Moving rubber parts
- Brake pads
- Brake discs
- Seals
- Springs
- Rim sidewalls and braking surfaces
- Freehub bodies
- Sliding seals and plain bearings
- Grips and handlebar tape
- Cassettes, sprockets and chainrings
- Chains
- Bearings or bearing housings
- Air seals and O-rings
- Tyres
- Rubber parts on gear levers
- Drivetrain components
- Foam parts
- Mudguards and chain guides
- Cables and housings
- Spokes
- Dust seals
Personal data
Information needed for the account, order, payment, delivery and after-sales service is processed for those purposes under data protection rules. Accepting these terms is not general consent to marketing or advertising cookies. Information about recipients, cookies, applicable retention periods and exercising rights should be consulted in the website’s privacy policy.
INTELLECTUAL PROPERTY All elements of the www.power-e-bike.fr site are and remain the intellectual and exclusive property of Power E-bike.No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of Power E-bike. COMPLETENESS In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale. DURATION These conditions apply throughout the duration of the online services offered by Power E-bike. PROOF The computerized records, kept in the computer systems of the company/company Power E-bike and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. TRANSACTION RETENTION AND ARCHIVING The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.Force majeure
Force majeure is assessed under Article 1218 of the French Civil Code: the event must be beyond the debtor’s control, could not reasonably have been foreseen when contracting, and have effects that appropriate measures cannot avoid, preventing performance. A strike, breakdown or transport disruption is not automatically force majeure. Suspension or termination and their consequences follow statutory rules.
Complaints, mediation and jurisdiction
First send your complaint to customer service using the website’s contact method. The consumer is entitled to free consumer mediation under Articles L612-1 onwards of the French Consumer Code. Referring a complaint to a mediator does not exclude court proceedings.
French law applies subject to mandatory protections applicable to the consumer. Court jurisdiction follows statutory rules. In particular, the consumer may bring proceedings before a court with territorial jurisdiction under the French Code of Civil Procedure or the court for the place where the consumer lived when the contract was concluded or the harmful event occurred, under Article R631-3 of the French Consumer Code.