GENERAL TERMS AND CONDITIONS OF SALE
Effective as of 16/01/2022
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Clients” or “the Client”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website www.iscooter-france.com.
The Products offered for sale on the website are the following: individual land vehicles with an electric motor.
The main characteristics of the Products, in particular the specifications, illustrations, and indications of dimensions or capacity, are presented on the website www.iscooter-france.com, which the Client is required to review before placing an order.
The choice and purchase of a Product are the sole responsibility of the Client.
Product offers are valid within the limits of available stock, as specified when the order is placed.
These GTC are accessible at any time on the website www.iscooter-france.com and shall prevail over any other document.
The Client declares having read these GTC and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.iscooter-france.com.
Unless proven otherwise, the data recorded in the Seller’s IT system constitutes proof of all transactions concluded with the Client.
The Products presented on the website www.iscooter-france.com are offered for sale in France, Belgium, and Luxembourg, as well as internationally.
In the event of an order to a country other than metropolitan France, the Client shall be considered the importer of the Product(s) concerned.
For all Products shipped outside the European Union and overseas territories, prices will automatically be calculated excluding taxes on the invoice.
Customs duties or other local taxes, import duties, or state taxes may be payable. These shall be borne solely by the Client and are entirely their responsibility. (Outside the EU)
ARTICLE 2 – PRICES
The Products are supplied at the prices in force shown on the website www.iscooter-france.com at the time the order is registered by the Seller.
Prices are expressed in euros, all taxes included (VAT included).
These prices take into account any discounts that may be granted by the Seller on the website www.iscooter-france.com.
These prices are firm and non-revisable during their period of validity; however, the Seller reserves the right, outside the period of validity, to modify prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced in addition under the conditions indicated on the website and calculated prior to order validation.
The payment requested from the Client corresponds to the total amount of the purchase, including these shipping costs.
An invoice is issued by the Seller and delivered to the Client upon delivery of the ordered Products.
ARTICLE 3 – ORDERS
It is the Client’s responsibility to select on the website www.iscooter-france.com the Products they wish to order, according to the following terms:
The Client selects a Product and adds it to their cart. The Product may be removed or modified before validating the order and accepting these General Terms and Conditions of Sale. The Client will then enter their contact details or log into their account and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Client according to the stipulated terms.
Product offers remain valid as long as they are visible on the website, subject to available stock.
The sale shall only be considered valid after full payment of the price. It is the Client’s responsibility to verify the accuracy of the order and immediately report any errors.
Any order placed on the website www.iscooter-france.com constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to payment for a previous order.
The Client may track the progress of their order on the website.
ARTICLE 3 BIS – CLIENT AREA – ACCOUNT
In order to place an order, the Client is invited to create an account (personal space).
To do so, the Client may register by completing the form provided at the time of ordering and undertakes to provide accurate and truthful information regarding their civil status and contact details, in particular their email address.
The Client is responsible for updating the information provided and may modify it by logging into their account.
To access their personal space and order history, the Client must identify themselves using their username and password, which will be provided upon registration and are strictly personal. The Client agrees not to disclose them. Otherwise, they shall remain solely responsible for their use.
The Client may also request account deletion by accessing the dedicated page in their personal space or by sending an email to: support@iscooter-france.com. This will take effect within a reasonable time.
In the event of non-compliance with the General Terms and Conditions of Sale and/or use, the website www.iscooter-france.com reserves the right to suspend or close a Client’s account after a formal notice sent electronically and remaining without effect.
Any account deletion, regardless of the reason, results in the complete deletion of all personal information of the Client.
Any event due to force majeure resulting in a malfunction of the website or server, subject to any interruption or modification for maintenance purposes, shall not engage the Seller’s liability.
Creating an account implies acceptance of these General Terms and Conditions of Sale.
ARTICLE 4 – TERMS OF PAYMENT
The price is paid via a secure payment method, according to the following options:
The price is payable in full by the Client at the time the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in the banking transactions carried out on the website www.iscooter-france.com.
Payments made by the Client shall only be considered final after effective receipt of the amounts due by the Seller.
The Seller shall not be required to deliver the ordered Products if the Client has not paid the full price under the conditions stated above.
ARTICLE 5 – DELIVERY
The Products ordered by the Client are delivered in metropolitan France and throughout the European Union.
Products are shipped from France. When a model is no longer available in France, it will be shipped from another warehouse within the European Union (Spain, Germany, or Poland).
Deliveries take place within a period of between two (2) and six (6) business days to the address indicated by the Client when placing the order.
Delivery consists of the transfer to the Client of physical possession or control of the Product. Except in special cases or in the event of unavailability of one or more Products, the Products ordered shall be delivered in a single shipment.
Partner carriers generally meet the announced delivery times, and we make every effort to ensure fast and reliable shipment of your order.
However, once the parcel has been handed over to the carrier, delivery times may vary due to factors beyond our control (weather conditions, strikes, network congestion, etc.).
In the event of a delivery delay, Iscooter-France cannot be held liable. A tracking number is provided so you can follow the shipment of your parcel, and our customer service remains available to assist you if needed.
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 Client’s fault, the sale may be cancelled at the Client’s written request 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 Client will then be reimbursed no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or retention.
Deliveries are carried out by an independent carrier to the address indicated by the Client when placing the order and to which the carrier can easily access.
When the Client personally arranges for a carrier of their choice, delivery is considered completed as soon as the Seller hands over the ordered Products to the carrier, who accepts them without reservations. The Client therefore acknowledges that it is the carrier’s responsibility to perform delivery and has no warranty claim against the Seller in the event of non-delivery of the transported goods.
In the event of a specific request by the Client concerning the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to additional invoicing, based on a quote previously accepted in writing by the Client.
The Client is required to check the condition of the delivered Products. The Client has a maximum period of fourteen (14) days from delivery to submit claims:
By email: support@iscooter-france.com
Such claims must be accompanied by all relevant supporting documents (photos, order number, full client name, description of the issue, etc.). After this period and in the absence of compliance with these formalities, the Products shall be deemed compliant and free from any apparent defect, and no claim may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and in these GTC.
The transfer of risks of loss and deterioration shall only occur when the Client physically takes possession of the Products. The Products therefore travel at the Seller’s risk, except where the Client has personally chosen the carrier. In this case, risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
Ownership of the Products shall only be transferred from the Seller to the Client after full payment of the price by the Client, regardless of the delivery date of the Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with Article L221-18 of the Consumer Code, you have the right to cancel your order within fourteen (14) days without giving any reason.
The items supplied by www.iscooter-france.com are new and guaranteed against any defects.
However, if an item is defective or non-compliant, you have fourteen (14) days from receipt of the items to request an exchange or refund. If the fourteen (14) day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
You must return new or unused items in their entirety and in their original packaging, intact, accompanied by all accessories, user manuals, and documentation (strictly in their original packaging and with the corresponding invoice).
Return conditions (withdrawal):
In the event of exercising the right of withdrawal, Iscooter-France® is required to refund the sums paid by the Client.
Return costs and handling are borne by the Client (Article L221-23 of the Consumer Code).
The refund is due within a maximum period of fourteen (14) business days from the date of receipt of the returned parcel(s).
Reconditioning fees of up to 10% of the purchase price may be charged.
In the event of a refund, after verification of the product, we guarantee that it will be carried out within a period equal to or less than fourteen (14) days following receipt of the returned parcel. No cash-on-delivery shipment will be accepted, regardless of the reason, after the fourteen (14) day period.
Order cancellation:
The vast majority of in-stock items are processed and/or shipped within two (2) hours. It is therefore essential to contact us within this period so that we may attempt to cancel your order before it is processed and/or shipped.
Orders placed after 8:00 p.m. from Monday to Friday, as well as on weekends and public holidays, cannot be cancelled, as they are automatically processed overnight.
No cancellation request can be taken into account if the order has already been processed.
Address errors:
It is your responsibility to verify the accuracy of the address and contact us very quickly to notify us of any modification. Such a change can only be made if your order has not yet been processed.
We cannot be held responsible for incorrect shipping information, nor for refused or undeliverable orders (inaccessible addresses, incomplete addresses, etc.).
In such cases, parcels may be returned to us, but not always.
If your order is returned to the sender, we will offer either a full refund or a reshipment, according to your choice.
You are not eligible for reshipment or refund until the parcel has been received by the sender.
Return conditions (Withdrawal):
To be eligible for a return, please ensure that:
-
The goods were purchased within the last fourteen (14) days
-
The goods are returned in their original condition and complete (packaging, accessories, manuals, etc.), allowing them to be resold as new
The following goods cannot be returned:
-
Products made according to your specifications or clearly personalized
-
Products which, by their nature, are not suitable for return, deteriorate rapidly, or whose expiration date has passed
-
Products that cannot be returned for health or hygiene reasons and have been unsealed after delivery
-
Products that, after delivery, are inseparably mixed with other items
-
Damaged, soiled, or incomplete Products will not be accepted
We reserve the right to refuse returns of any merchandise that does not meet the above return conditions, at our sole discretion.
Return of goods (Withdrawal)
You are responsible for the costs and risks associated with returning the goods. You must send the goods to the following address:
X Future GmbH-XC5
Bucher Weg 18
ZIP: 16356
Ahrensfelde
Germany
We cannot be held responsible for goods damaged or lost during return shipment. Therefore, we recommend using an insured and trackable shipping service. We are unable to issue a refund without actual receipt of the goods or proof of return delivery.
ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES
The Products supplied by the Seller benefit from:
-
the legal guarantee of conformity, for defective, damaged, or non-compliant Products,
-
the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered Products and rendering them unfit for use.
To assert their rights, the Client must inform the Seller in writing (email or letter) of the lack of conformity of the Products or the existence of hidden defects from the time they are discovered.
The Seller shall refund, replace, or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements, or repairs shall be carried out as soon as possible and at the latest within fourteen (14) days following the Seller’s confirmation of the defect or hidden defect.
The Seller’s liability cannot be engaged in the following cases:
-
non-compliance with the legislation of the country where the Products are delivered, which the Client is responsible for verifying,
-
misuse, professional use, negligence, lack of maintenance by the Client, normal wear and tear, accident, or force majeure.
Photographs and graphics presented on the website are not contractual and shall not engage the Seller’s liability.
In all cases, the Seller’s warranty is limited to replacement or reimbursement of non-compliant or defective Products.
ARTICLE 9 – PERSONAL DATA
The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for delivery purposes. These personal data are collected solely for the execution of the sales contract.
(Article structure and content translated faithfully from the original.)
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the website 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 act of infringement.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These GTC and the operations resulting therefrom are governed by and subject to French law.
These GTC are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 – DISPUTES
For any complaint, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.
The Client is informed that they may, in any event, resort to conventional mediation, existing sector mediation bodies, or any alternative dispute resolution method (conciliation, for example).
The Client is also informed that they may use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
Any disputes relating to purchase and sale transactions concluded under these GTC that have not been resolved amicably or through mediation shall be submitted to the competent courts under ordinary law.
