Terms of Sales Preamble Object Order and availability Delivery Payment methods Deposit Price Right of withdrawal/return/exchange Transport costs and risks Warranties Signatures and proofs Liability and Warranties Personal data Intellectual property Entirety Duration Evidence Retention and archiving of transactions force majeure Applicable law and jurisdictionPREAMBLE These general conditions of sale are concluded between, on the one hand, Power E-Bike: Website addresses:www.power-e-bike.frHereinafter referred to as "the seller".And on the other hand,Internet users, major non-trading individuals, wishing to make a purchase on the Power E-bike online sales site visible at the address:itle="Power E-bike" href="https://www.power-e-bike.fr" target="_self">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 Power-e-bike.fr website by the company/enterprise Power E-bike.The parties agreeunderstand that their relations will be exclusively governed by this contract, to the exclusion of any other condition.Any order duly validated on the Power E-bike site implies total and unreserved acceptance of these general conditions of sale and, possibly, of 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 are headquartered in France. The Power E-bike company/enterprise undertakes to comply with all the provisions of the Consumer Code relating to distance selling.OBJECTThese conditions aim 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 placing the order and ensure the follow-up of this order between the contracting parties.ORDER 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 Conditions of Sale before placing your order. The validation of your order therefore implies acceptance of these General Conditions of Sale.After placing the order, the seller sends an e-mail to the user confirming it. The seller informs of the sending of the articles. The user has the possibility of modifying the order until the date of dispatch of the articles.The Power E-bike company undertakes to honor orders received on the website only within the limits of available product stocks. In the absence of availability of the product, the seller undertakes to inform the user. On the other hand, nothing prohibits cybermerchants from charging a specific cost for orders or requests for information occurring before the conclusion of the contract.IDELIVERYThe delivery deadline corresponds to the shipping time indicated on the item sheet, to which is added the processing and delivery time.Any order placed on the site is delivered outside of France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination.These customs duties and these possible taxes related to the delivery of an article are the responsibility of the user and are his responsibility.The seller is not required to verify and inform of applicable customs duties and taxes. To know them, we advise the user to inquire with the competent authorities of his country.PAYMENT TERMS Unless otherwise provided, Power E-bike invoices are payable IN CASH or 30 days from the end of the month, from the date of issue of said 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 AR, late penalties equal, for each day of delay, to the amount excluding taxes. of said invoice multiplied by 1.5 times the legal interest rate in force. Unless otherwise stipulated on the estimate, the purchase orderorder, the contract or the 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 the acceptance of Power E-bike to perform the service.
In the event that the customer defaults in the payment of any sum which is due to Power E-bike, it reserves the right, with or without notice, to suspend any service in progress as well as any future delivery to the customer, until that the latter has paid the sum or sums due.
If the customer's formal notice has no effect, Power E-bike may at any time assign its debt to a factoring company, in which case payment must be made to the benefit of the account mentioned on the invoice drawn up by the latter. In this case, Power E-bike will invoice the customer the lump sum of 45 EUR for the administrative costs incurred for the purpose of recovery.
In the event of a procedure, the customer will bear all the costs incurred by Power E-bike for the recovery of the sums due. Deposit :The deposit reflects a firm commitment from both the seller and the buyer. It implies the obligation to buy for one and the obligation to provide the good or service for the other.The deposit is not refundable.PRICEtheThe prices of our products are indicated in euros, all taxes included, excluding 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 prices in force at the time of the registration of the orders.The prices indicated on the site are guaranteed for the duration of online publication and within the limit of available stocks.RIGHT OF WITHDRAWAL / RETURN / EXCHANGE In accordance with articles L.121-20 and following of the Consumer Code, the buyer, a non-professional natural person, has a period of 14 days from the day after he comes into possession of the goods to exercise his right of withdrawal. by returning the item(s) ordered to the seller without having to justify reasons or pay penalties except, where applicable, shipping costs.Items must be returned in new condition, complete (with all accessories) and in the original packaging. Damaged items (shocks, scratches, etc.) or items that have been used cannot be returned 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 shouldreturn the productsyourecommendedso that there isirrefutable proofof the return by declaring the value of the products, such as it results from the purchase invoice and by taking care of the perfect insurance coverage of the risks of return.The request for exchange 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 enclose payment of the balance with the exchange request.Conversely, if the amount of the exchange is less than the initial amount (before any reductions 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 reimbursement. of the difference.TRANSPORT COSTS AND RISKSThe 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 the article L. 138-4 of the consumer code, any risk of loss or damage to the goods is transferred to the consumer 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.
Therefore, the Customer must foReport to Power E-bike on the same day of delivery or at the latest on the second working day following delivery, any complaint of delivery error and/or non-conformity and/or anomaly of the products in kind or in quality by in relation to the indications appearing on the order form. Any complaint made beyond this period will be rejected.
IThe Customer must send any complaint to Power E-bike at the following email address: contact1@Power-E-bike.fr
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release Power E-bike from any liability. GUARANTEESThe 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 defective articles delivered in accordance with articles L 211-4 and following of the Consumer Code.
Article L211-4 consumer code The seller is required to deliver goods that comply with the contrat and responds to any lack of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging.
Article L211-5 consumer code To comply with the contract, the good must: 1º Be suitable for the use usually expected of a similar item and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; -present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2º Or ppresent the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which 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 on account of hidden defects in 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 paid less if he had known them.
Articlee 1648 para. 1st civil code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
SIGNATURE AND PROOFAny user of the site who does not have a customer account must follow a registration procedure allowing him to open his customer account. The username and password constitute confidential data that the customer will not distribute to third parties. If in doubt about the unauthorized use of the account, the customer must promptly report it to the seller.In all cases, the online provision of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by the seizure items listed on the purchase order.This validation is worth signature and express acceptance of all the operations carried out on the site.However, in the event of fraudulent use of his credit card, the customer is invited, as soon as this use is observed, to contact the seller's customer service. You will find all the details on the website on pagee="The company" href="https://www.power-e-bike.fr/cms.php?id_cms=4" target="_self">The companyor you can contact directlybetween the
.LIABILITY AND GUARANTEESMotor kits, batteries and accessories to improve performance can lead to the loss of the homologation of your bike.The purchase of these parts and their use are carried out under your entire responsibility.Products purchased on power-e-bike.fr qualify for a warranty:- one year for engine kits and accessories - six months for the batteriesIn order to know the steps to follow concerning the after-sales service for any problem or breakdown on a product, you can contact theef="mailto:email@example.com">Customer Service. To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product.The contractual warranties do not cover: - abnormal or non-compliant use of the products. - Wear parts² and their replacement. <brclear="all" />- the modification of the connections and the connectors. - defects and their consequences due to the intervention a repairer not approved by Power E-bike - defects and their consequences related to use non-compliant with the use for which the product is intended (useprofessional use, use on public roads of kits exceeding 250Watt...) - Damage resulting from fire, lightning, storm, vandalism or unsecured transport Interventions under the warranty cannot have the effect of extending the duration of the latter.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:
Fork and shock absorber rubber stops
Coatings for fork tubes and shock absorber pistons
Rubber Moving Parts
Rim sides/braking surface
Sliding joints and plain bearings
Handles and handlebar tape
Cassettes, sprocket, chainrings
Bearings or bearing housings
Gear lever rubbers
Mudguards, chain guide
Cables and outer casings
PERSONAL DATA The seller reserves the right to collect the data. The personal data communicated by the user or collected via the operation of the site (through cookies or active x) are intended to ensure the successful completion of deliveries, to improve the quality of service and to better meet expectations. client.The user consents to the use of this data by the seller, in particular to communicate information relating to services and promotional offers that may be of interest to him. If he does not wish to receive these offers, he can make a request at any time either directly on the Internet in his account, indicating his surname, first name, e-mail address and if possible customer reference.In accordance with the provisions of the Data Protection Act of January 6, 1978, the customer has the right to access and rectify the personal data concerning him, on simple written request to the seller's customer service. Customer data is kept confidential by the Seller for a period of 2 years from the last visit to the site. The user is informed that this automated processing of information, in particular the management of e-mail addresses, has been declared to the CNIL under number 135081811 dated March 11, 2009. The seller implements all the means to ensure the confidentity and security of data transmitted on the web.INTELLECTUAL PROPERTY All elements of the www.power-e-bike.fr website are and remain the exclusive intellectual 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 software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of Power E-bike.ENTIRETY 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 the company Power E-bike.EVIDENCEThe computerized registers, kept in the computer systems of the Power E-bike company/enterprise and its partners under reasonable conditions ofsecurity, will be considered as proof of communications, orders and payments between the parties.STORAGE AND ARCHIVING OF TRANSACTIONSThe 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 MAJORPower E-bike will not be responsible for the total or partial non-execution of its obligations under this contract, if this non-execution is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike including postal services and means of transport and / or communications, fire, flood, failure or breakdown of equipment, or because of the actions of the buyer.APPLICABLE LAW AND JURISDICTION These conditions are subject to French law. The competent court in the event of a dispute will be that of the place of residence of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the product.