Effective 01/16/2022
ARTICLE 1 - SCOPE OF APPLICATION
These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the website www.iscooter-france.com . The Products offered for sale on the site are the following: individual land vehicles with electric motors.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.iscooter-france.com what the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These General Terms and Conditions are accessible at any time on the website www.iscooter-france.com and will take precedence over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.iscooter-france.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Products presented on the site www.iscooter-france.com are offered for sale in France, Belgium and Luxembourg and has the international.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer. (Outside EU)
ARTICLE 2 - PRICE
The Products are supplied at the current prices appearing on the site www.iscooter-france.com , when the order is registered by the Seller.
Prices are expressed in Euros including tax.
The prices take into account any reductions which may be granted by the Seller on the site www.iscooter-france.com.
These prices are closed and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these shipping costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
It is up to the Customer to select the Products he wishes to order on the site www.iscooter-france.com , according to the following terms:
The Customer chooses a Product which he places in his basket, a Product which he can delete or modify before validating his order and accepting these general conditions of sale. They will then enter their contact details or log in to their space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website www.iscooter-france.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller 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.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer is guest to create an account (personal space).
To do this, he can register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is informed that he can modify them by logging into his account.
To access their personal space and order history, the Customer must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal. As such, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.
The Customer may also request unsubscription by going to the dedicated page in their personal space or sending an email to: support@iscooter-france.com . This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site www.iscooter-france.com will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all personal information of the Customer.
Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails acceptance of these general conditions of sale.
ARTICLE 4 - PAYMENT TERMS
The price is paid by secure payment method, according to the following terms:
- payment by credit card
- or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site www.iscooter-france.com .
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Customer will be delivered in mainland France, Belgium and Luxembourg.
The products are delivered from France. When a model in France is no longer available, it will then be sent from another warehouse in the European Union (Spain, Germany or Poland).
Deliveries take place within a period of between two (2) and ten (6) working days to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within four (4) weeks after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the written request of the Customer. Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer himself is responsible for using a carrier he chooses himself, delivery is considered to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.
The Customer is required to check the condition of the delivered products. It has a period of 7 days, Maximum period from delivery to make complaints:
By email: support@iscooter-france.com
In the “ Contact Us” section on our website : https://iscooter-france.com
accompanied by all supporting and related documents (photos, order number, full name of the customer, description of the problem, etc.) After this period and failing to have complied with these formalities, the Products will be considered compliant and free from any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Terms and Conditions.
The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - TRANSFER OF PROPERTY
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to article L221-18 of the Consumer Code, you have the right to cancel your order within fourteen (14) days without giving a reason to do so.
The deadline for canceling an Order is fourteen ( 14 ) days from the date on which you received the Goods or on which a third party appointed by you, who is not the carrier, takes possession of the delivered product.
In order to exercise Your right of withdrawal, You must inform us of your decision by means of a clear declaration. You can inform us of your decision by:
After checking the returned product, if the conditions stipulated in the following paragraph are met, we will reimburse you at the latest fourteen ( 14 ) days from the day we receive the returned Goods. We will use the same payment method that you used for the order, and you will not incur any charges for such refund, except for return shipping costs.
Canceling an order before shipping (12 hours):
A large majority of in stock items are processed and/or shipped within 12 hours, it is imperative that you contact us during this time, so that we can attempt to cancel your order before it is processed and/or shipped .
No request to cancel your order will be taken into account if it has already been processed.
Address errors:
It is your responsibility to verify the accuracy of this address and to contact us very quickly to inform us of a modification. The latter can only be carried out if your order has not yet been processed.
We cannot be held responsible for incorrect shipping information. We are also not responsible for refused or undeliverable orders (inaccessible addresses, incomplete addresses, etc.).
In the latter cases, these packages can be returned to us, but not always.
If your order is returned to the sender, we will offer you a full refund for your order or we will offer you reshipment, depending on your choice.
You are not eligible for reshipment or refund of your order until your package has been received by the sender.
Return conditions (Withdrawal):
For goods to be eligible for a return, please ensure that:
- The goods were purchased during fourteen ( 14 ) last days
-
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition)
The following goods cannot be returned:
- Products manufactured to your specifications or clearly personalized.
- To products which, depending on their nature, are not suitable for return, deteriorate quickly or when the expiration date has passed.
- To products which are unsuitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
- To products which are, after delivery, depending on their nature, inseparably mixed with other articles.
- Damaged, soiled or incomplete Products will not be returned.
We reserve the right to refuse returns of any merchandise that does not meet the above return requirements at our sole discretion.
Return of goods (Withdrawal)
You are responsible for the costs and risks of returning the goods. You must send the Goods to the following address:
Prozent Express - XC5
Street: Alfred Dengler Straß e House Number: 21,
Remarks: Halle M
Postal Code: 16225
City: Eberswalde
Germany
Tel: 0049-15146481377
We cannot be held responsible for merchandise damaged or lost during return shipping. Therefore, we recommend an insured and traceable mail service. We are unable to issue a refund without actual receipt of goods or proof of return delivery received.
ARTICLE 8 - LIABILITY OF THE SELLER - GUARANTEES
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for defective, damaged or damaged Products or those that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower 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 purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days following the Seller's observation of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
Provisions relating to the contractual guarantee
Products purchased on the site www.iscooter-france.com may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee as indicated where applicable in the description of a given Product, according to the following terms, conditions and prices:
A 24-month contractual guarantee is provided for each product sold on the site www.iscooter-france.com .
This contractual guarantee covers the following situations:
Iscooter-France guarantees the equipment and accessories sold on the site www.iscooter-france.com against defects in material and workmanship, when used in accordance with the user manuals and stated technical specifications, and provided they arise within 24 months of the original date of purchase by the end user (“Warranty Period”).
This guarantee is excluded in the following situations:
This warranty does not cover: (a) consumable parts, such as batteries or protective films that deteriorate over time, except in the event of failure due to faulty materials or workmanship; (b) cosmetic defects, including, but not limited to, scratches, impact marks or defects in the protective plastics of the connection ports; (c) damage caused by use with another product; (d) damage caused by accident, abuse, misuse, contact with liquid, fire, earthquake or any other external cause; (e) damage caused by the operation of the Product sold on the site www.iscooter-france.com for uses other than those described in the user manual, technical specifications or other recommendations published for this Product; (f) damage caused by maintenance (including upgrades and extensions) carried out by a person who does not represent Iscooter-France or an Approved Service Center (“CSAA”); (g) a Product that has been modified to alter its functionality or capability, without the written permission of Iscooter-France ; (h) defects caused by normal wear and tear or otherwise due to normal aging of the Product sold on the site https://www.iscooter-france.com; (i) if the serial number has been altered or erased from the Product or (j) if the product has been stolen or if Iscooter-France reasonably believes that the product has been stolen based on information provided by law enforcement.
It is applicable under the following conditions:
Said contractual guarantee comes into force upon receipt of the customer's order.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purposes of delivery of the Products. These personal data are collected solely for the execution of the sales contract.
9.1 Collection of personal data
Personal data collected on the site www.iscooter-france.com are the following :
Account opening
When creating the Customer / user account:
Last names, first names, postal address, telephone number and e-mail address.
Payment
As part of payment for Products offered on the site www.iscooter-france.com this records financial data relating to the Customer's/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is(are):
- Transport providers
- Payment institution providers
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the site www.iscooter-france.com have the following rights:
- They can update or delete data that concerns them in the following ways:
By email: support@iscooter-france.com
By visiting this page on our website:
https://iscooter-france.com
- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
- If the personal data held by the Seller is inaccurate, they may request an update of the information by writing to the address indicated in article 9.3 “Data controller”
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
- They may also request the portability of data held by the Seller to another service provider.
- Finally, they can object to the processing of their data by the Seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must provide reasons.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.
The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the site www.iscooter-france.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions and the operations resulting from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.
