Terms of Sales preamble Object Ordering and Availability Delivery Payment Terms Advance payment Price Right of withdrawal / return / exchange Transport costs and risks guarantees Signatures and evidence Liability and guarantees personal data Intellectual property Entirety Evidence Preservation and archiving of transactions Force majeure Law and JurisdictionINTRODUCTION These general conditions of sale are concluded between, on the one hand, Power E-Bike: Addresses of websites:www.power-e-bike.fr Hereinafter called "the vendor".And on the other hand,Internet users, major non-commercial individuals, wishing to purchase on the online sales site Power E-bike seen at:itle = "Power E-bike" href = "http://www.power-e-bike.fr" target = "_ self">http://www.power-e-bike.frHereinafter referred to as "user" or "buyer".The present conditions govern the sale of any product or service presented on the site Power-e-bike.fr by the company / undertaking Power E-bike.The parties convienNEET that their relations will be exclusively governed by this contract, excluding any other condition.Any order duly confirmed on the Power E-bike website implies total acceptance with no exceptions to these general conditions of sale and, possibly, the particular or specific conditions to one or more products, services or orders.If a condition is found to be lacking, it would be governed by the procedures in force in the remote sales sector whose companies have headquarters in France. Company / undertaking Power E-bike is committed to comply with all provisions of the Consumer Code relating to distance selling.OBJECTThese conditions aim to define the terms of sale between the seller and the user, ordering services, through the payment and delivery.They regulate all the steps necessary for placing the order and keep track of the 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 over payment of a previous order.You can order online:The order can be registered on the site if the user has clearly identified by entering his login and password which are strictly personal.The user declares be at least 18 and have the legal capacity or holds parental permission allowing him to place an order on the Site.Any order implies acceptance of prices and descriptions of products available for sale.Users have read and accepted these Terms and Conditions before placing your order. The checkout process is acceptance of these Terms and Conditions.After placing the order, the seller sends an email to the user confirming it. The seller informs the sending articles. The user can change the order until the date of dispatch of the articles.Power E-bike company is committed to fulfill orders received on the Internet only site in the limits of available stocks of products. A lack of availability of the product, the seller undertakes to inform the user. However, nothing prevents e-tailers to charge a specific cost for orders or requests for information occurring before the conclusion of the contract.LeliveryThe delivery deadline is the shipping time indicated on the item plus the processing time and delivery.Any order placed on the site and delivered outside of France may be subject to taxes and customs duties which are imposed when the package reaches its destination.These customs duties and possible taxes related to the delivery of an item are at the user's expense and under its responsibility.The seller is not required to check and inform customs duties and taxes. To know them, we advise users to check with the relevant authorities in his country.PAYMENT Unless otherwise Power E-bike invoices are payable CASH or 30 days end of month from the date of issue of such invoices by Power E-bike. In case of non payment of an invoice when due, Power E-bike will be entitled to claim the customer, after prior notice by registered letter, equal penalties for late payment for each day of delay in the amount before tax of the invoice multiplied by 1.5 times the legal interest rate in force. Unless stated otherwise expressed in the quotation, purchase comcontrol, contract or invoice, no discount is granted for early payment to a date prior to the delivery date of the order or any other document proving the acceptance of Power E-bike to realize the benefit.
In case 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 all current service and any future delivery to the customer until that it has settled or the amounts due.
If the demand of the customer has no effect, Power E-bike can sell at any time its receivable to a factoring company which case payment due to the benefit of the account mentioned on the invoice issued by the latter. In this case, Power E-bike will charge the customer a lump sum of EUR 45 for administrative expenses incurred by the collection.
If procedure, the customer shall bear all costs incurred by Power E-bike for the recovery of sums due. Advance payment :The advance reflected a strong commitment to both the seller and the buyer. It involves the obligation to buy for one and the obligation to provide the good or service for another.The deposit is not refundable.PRICEThe prices of our products are indicated in euros all taxes included, excluding processing fees and shipping.The seller reserves the right to change prices at any time but the products will be billed based on rates in effect at the time of order entry.The prices listed on the site are guaranteed for the launch period 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, unprofessional person physical, has a period of 14 days from the day it enters into possession of the property to exercise his right of withdrawal or by returning the ordered goods to the seller without having to give reasons or pay penalties except, where applicable, fees ports.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 returned or exchanged.All items can be exchanged or refunded except those bearing a stated otherwise, for example, articles that have been a customization on customer demand.You shouldturn them off Producttsrecommended in so that thereirrefutable proof back by declaring the value of products, as resulting from the purchase invoice and ensuring the perfect insurance coverage of risk 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 in excess, the user will join the exchange request for the balance.Conversely, if the amount of the exchange is less than the amount (before any discounts or promotions), the user will receive upon receipt of a request to have the form of a code (for use on the website) for reimbursement the difference.TRANSPORTATION COSTS AND RISKSTransportation costs of a product under warranty or not are not supported. Power E-bike reserves the right to charge the shipping fee for any goods repaired or exchanged.In accordance with Article L. 138-4 of the Consumer CodeAny risk of loss or damage to the goods passes to the consumer when the latter or a third party designated by him, other than the carrier proposed by the professional, physical possession of the goods.
Therefore, Customer must formuler with Power E-bike the same day of delivery or later than the second business day after delivery, any claim of error of delivery and / or non-compliance and / or abnormality products in kind or in quality compared to entries on the order form. Any claim made after this time will be rejected.
LE Client shall send any complaint Power E-bike at the following email address: contact1@Power-E-bike.fr
Any claim not made in the rules defined above and on time will not be taken into account and release Power E-bike from liability. GUARANTEESAll items are subject to a contractual guarantee, which does not preclude the legal guarantee provided by Article 1641 of the Civil Code.The user benefits for articles of a guarantee enabling him to return the defective items delivered in accordance with Articles L 211-4 and following of the Consumer Code.
· Article L211-4 of the Consumer Code The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging.
· Article L211-5 of the Consumer Code To comply with the contract, the product must: 1º Be suitable for the purpose usually associated with such a product and, if applicable: - Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model; -The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling; 2º Or présenter the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
· Article L211-12 of the Consumer Code The action resulting from lack of conformity lapses two years after delivery of the goods.
· Article 1641 of the Civil Code The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or n ' have paid a lower price if he had known.
· 1648 al. 1st civil code The action resulting from latent defects must be brought by the purchaser within two years from the discoverede vice.
SIGNATURE AND PROOFAny user of the non titular site of a customer account must follow a registration procedure allowing him to open his account. The username and password are confidential data that the client does not broadcast to third parties. If in doubt about the unauthorized use of the account, the customer must report promptly to the seller.In all cases, the online provision of the credit card number and the final validation of the order shall be evidence of all of the said order in accordance with the law of 13 March 2000 and will be worth payment of amounts incurred by the seizure the items on the order.This validation is worth signature and express acceptance of all operations at the site.However, in case of fraudulent use of his credit card, the customer is required, upon the finding of such use, contact the customer service of the seller. You will find details on the website pagee = "Company" href = "http://www.power-e-bike.fr/cms.php?id_cms=4" target = "_ self">The companyor you can contact the
LIABILITY AND WARRANTIESThe engine kits, batteries and accessories to enhance performance may result in the loss of approval of your bike.The purchase of these items and their use is done at your own risk.Products purchased on power-e-bike.fr qualify for a guarantee:- One year for engine kits and accessories - Six months for batteriesTo know the steps to follow on after-sales service for any problem or failure on a product you can contact theef = "mailto: email@example.com">Customer Service . To qualify for the product warranty, it is imperative to keep the purchase invoice of the product.The contractual guarantees do not cover: - Abnormal or improper product use. - Wear parts (bulbs, cables and ducts, chains, rims, gears spokes, brake pads ...) and replacement. - Amendment of the connections and connectors. - Defects and their consequences due to the intervention a repairer not authorized by Power E-bike - Defects and their consequences related to the use not in accordance with the use for which the product is intended (professional, used on public roads kits exceeding 250Watt ...) - Damage resulting from fire, lightning, storm, vandalism or unsecured transport Interventions under the warranty shall not have the effect of extending the length thereof.Return costs and risks remain to the customer. PERSONAL DATA The seller reserves the right to collect the data. The personal data communicated by the user or collected via the Site (via cookies or active x) aim to ensure the completion of delivery, improve service quality and better meet the client.The user consents to the use of these data by the vendor, including to provide information on services and promotional offers that may be of interest. If he does not wish to receive these offers, it can be requested at any time either directly on the Internet in his account, stating his full name, email address and, if possible customer reference.In accordance with the Data Protection Act of 6 January 1978, the customer has a right to access and correct any personal data concerning him, upon written request to the customer service of the seller. Datacustomer are kept confidential by Seller for a period of 2 years from the last visit on the site. The user is informed that the automated processing of information, including the management of e-mail addresses, has been declared to CNIL under the number 135081811 dated 11 March 2009.Seller implements every means to ensure the confidentiality and security of data transmitted over the web.INTELLECTUAL PROPERTY All elements of the site www.power-e-bike.fr are and remain the exclusive intellectual property of Power E-bike.Nobody is allowed to reproduce, use, repost, or use for any purpose whatsoever, even partially, elements of the site they are software, visual or sound. Any single link or hyperlink is strictly prohibited without the express written consent of Power E-bike.ENTIRETY In the event that any provision of this contract is null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and enforceability of these terms and conditions sale.TIME These conditions apply throughout the line-up of the services offered by the company Power E-bike.EVIDENCEThe records stored in computer systems of the company / undertaking Power E-bike and its partners under reasonable security conditions, will be considered proof of communications, orders and payments between the parties.STORAGE AND FILING OF TRANSACTIONSThe filing of purchase orders and invoices is made on a reliable and sustainable manner to correspond to a faithful and durable copy pursuant to section 1348 of the Civil Code.MAJOR FORCEPower E-bike will not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event of force majeure, particularly in cases of disruption or total or partial strike including postal services and transport and / or communications, fire, flood, failure or breakdown of equipment, or because of the buyer's behavior.LAW AND JURISDICTION These conditions are subject to French law. The competent court in cases of dispute will be the defendant's place of residence or, at the applicant's place of actual delivery of the product