Terms and Conditions
Article 1 - Scope of application and pre-contractual information
These general terms and conditions of sale (the " GTC ") apply to sales of electric scooters, batteries, spare parts, accessories and related repair services (the "Products") concluded between the company RISE UP (" RISE UP ") and the distributors and resellers of said Products (the " Reseller(s) ") from the website www.e-ride.fr (the " Website ").
SIREN: 492 634 712 (RCS MEAUX)
16 Avenue Christian Doppler – 77700 BAILLY ROMAINVILLIERS (FRANCE
contact@e-ride.fr
01.85.49.07.08
No special condition may, without prior written acceptance from RISE UP, prevail over the T&Cs, so that any contrary conditions set by the Reseller will, in the absence of prior written acceptance from RISE UP, be unenforceable against the latter.
RISE UP reserves the right to modify the T&Cs at any time, with the modifications then being applicable to orders placed after the modified T&Cs are posted online.
These General Terms and Conditions can be consulted on the Website and are also communicated for acceptance by the Reseller during the process of ordering Products on the Website. Any order for Products therefore implies pure and simple acceptance of the General Terms and Conditions.
The T&Cs are written in French in their original version, which alone is authentic and takes precedence over any other version translated into a foreign language.
If any provision of the T&Cs is declared null or void on any legal basis by a Court or any other administration or authority, such a decision will in no way affect the validity of the other provisions.
The fact of not exercising, at any time, a prerogative or a right recognized by the GTC, or of not requiring the execution of any stipulation hereof may not under any circumstances be interpreted, either as a modification of the contract, or as an express or tacit waiver by RISE UP of the right to exercise said prerogative in the future, or of the right to require the scrupulous execution of the commitments made herein.
Article 2 - Products
The Products offered for sale by RISE UP are described and presented on the Website, with their descriptions, photos and technical characteristics.
Although RISE UP makes every effort to ensure that the photographs on the Website are faithful and up-to-date reproductions of its Products, the Reseller is expressly informed that said photographs, illustrations and indications (in particular dimensions, technical characteristics and/or colors) are given for information purposes only and therefore cannot constitute a contractual commitment, nor any guarantee on the part of RISE UP, on the perfect similarity between the Products ordered by the Reseller and the photographs, illustrations and indications appearing on the Website.
In any event, the Reseller is invited to contact RISE UP for any questions and/or additional clarifications concerning the Products.
Article 3 - Orders and formation of the sales contract
3.1. Quotation
Quotes established by RISE UP from the Website are valid for a period of seven (7) calendar days from their date of issue.
Any indication and/or price proposal provided by mail, email and/or telephone, without being formalized as part of a quote, cannot bind RISE UP in any capacity and in any manner whatsoever.
3.2. Online ordering process
For any order of Products from the Website, the Reseller must follow all the steps indicated on the Website (creation of an account required for placing an order).
The Reseller is responsible for the accuracy and completeness of the information provided and entered on the Website, such that RISE UP cannot be held responsible for any defect, delay and/or non-conformity of delivery linked to inadequacies or errors in the information entered.
The Product offers and prices proposed by RISE UP are valid as long as they are accessible on the Website and only within the limits of available stocks. Consequently, the admissibility of the order is subject to the material availability of the Products.
Once validated, the order is submitted to RISE UP for processing and can no longer be cancelled or modified by the Reseller, except with prior written consent given by RISE UP.
In any event, any request to modify a firm and final order accepted by RISE UP will give rise, where applicable, to an extension of delivery times and to additional costs and expenses. For any cancellation of a firm and final order, RISE UP may retain the deposits and payments already paid by the Reseller.
3.3 Reservation of ownership
RETENTION OF TITLE. RISE UP reserves ownership of the goods sold until full payment of their price in principal, interest and all accessories. The delivery of a title creating an obligation to pay, such as a bill of exchange or a promissory note, is not considered payment. In the event of non-payment of the price on any of the agreed due dates, RISE UP may repossess the goods and the sale will be automatically terminated without formality or prior notice if it so chooses. Any sum already paid by the buyer will be irrevocably acquired by RISE UP as initial damages. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold. Unless otherwise stipulated, and as previously indicated, delivery is deemed to have been made in our stores or warehouses. The buyer therefore undertakes to take out an insurance contract no later than upon delivery covering the risks of loss, theft or destruction of the goods sold. The goods sold remaining the property of RISE UP until full payment, the buyer is prohibited from disposing of them for resale or transformation. However, as a simple tolerance and for the sole needs of its business, RISE UP authorizes the buyer to resell the goods provided that the latter pays, upon resale, the entire price still due, the corresponding sums being, from now on, pledged to RISE UP in accordance with Article 2071 of the Civil Code, the buyer becoming simple depositary of the price. If the buyer contravenes this prohibition, RISE UP would be, after formal notice, by simple letter, telex, fax, or other similar means of communication, authorized to repossess all goods still in stock at the buyer's, notwithstanding any damages. In the event of any seizure procedure of any kind or any other intervention by a third party on the goods sold, the buyer must imperatively and immediately inform RISE UP in order to allow it to oppose it and preserve its rights, under penalty of damages. Similarly, the buyer expressly prohibits itself from pledging or assigning as security the ownership of the goods until their full payment has been made to RISE UP.
Article 4 - Prices and payment terms
4.1. Price
The prices of the Products are indicated on the Website as well as during the ordering process.
The prices of the Products are indicated in euros (€), excluding taxes (HT) and including all taxes (TTC) taking into account the VAT rate applicable on the day of the order.
Except in special cases mentioned when ordering, the prices indicated on the Website include the costs of processing and delivery of the Products.
For any sale made outside mainland France, the Reseller assumes sole responsibility for the payment of all import duties and taxes that may be applicable.
RISE UP reserves the right to modify its prices at any time, it being understood that orders for Products will be invoiced on the basis of the rates in effect at the time each order is recorded, as they appear on the Website.
4.2. Payment terms
The price of the Products including all taxes (TTC) is payable in euros (€) and must be paid in full on the day of the online order.
A payment within the meaning of this article constitutes the effective provision to RISE UP of funds corresponding to the price including all taxes (TTC) and all costs included.
Payments can be made by credit card or bank transfer.
In the event that payment of the price is not made (on the day of the order for payments by credit card and PayPal system or after a period of 7 working days for payments by bank transfer), the online sale will be immediately resolved by operation of law and the order cancelled, without the Reseller being able to make any claim in this regard.
After payment for the Products, RISE UP sends an invoice to the Reseller by post and/or email, this invoice also being available from the “My Account” section of the Website.
Article 5 - Delivery of products
Following their order, the Customer receives an email with a link allowing them to follow the stages and delivery times of the Products.
In principle and unless otherwise agreed, the Products are shipped by RISE UP and/or any independent carrier mandated for this purpose by RISE UP, by parcel or other means of delivery depending on the number, nature and volume of the Products ordered.
Except in special cases, RISE UP ensures:
- dispatch of the Products ordered within 24 hours (1 working day) from the date of the order
- the routing and delivery of the Products ordered within a period of between 24 hours and 72 hours (between 1 and 3 working days) from the date of the order.
Notwithstanding the foregoing clauses, it is expressly agreed that delivery times depend on and may vary depending on stock availability, the period of activity, the date and time the order is placed, the nature and volume of the order, the time taken to prepare and ship the order, the delivery locations desired by the Customer, the transport constraints specific to carriers, climatic and weather conditions and other elements that may influence and are beyond the control of RISE UP.
Since the deadlines are provided for information purposes only, exceeding them cannot in any way give rise to penalties, damages, price refunds, deductions, compensation and/or cancellations of orders, without verification of the grievance and without justification of the damage suffered as a result of the late delivery, and in any event in the event of force majeure within the meaning of the Civil Code and the General Terms and Conditions. In any event, delivery of the Products on time can only take place if the Reseller is up to date with all of its obligations towards RISE UP.
RISE UP may be required to divide an order into several shipments depending on the availability of the Products. In this case, RISE UP will inform the Reseller by email.
The Reseller bears the burden of the risks that the Products may undergo or cause from the moment the Products are delivered by RISE UP.
Article 6 - Conditions of storage, use and maintenance of products
Prior to the resale of the Products and as part of its own obligation to provide information and advice, the Reseller undertakes to communicate and raise awareness among end customers (hereinafter the “User”) on strict compliance with the rules stipulated in this article and more generally on the need to comply with all the conditions, terms, limits and instructions for use and safety relating to the Products.
6.1. User Manual – General Conditions
Before any use of the Products, the User must imperatively read the user manual detailing the conditions, methods, limits and instructions for use and safety relating to the Products.
The User's attention and vigilance is drawn in particular to the need not to use the Products until he has read and understood all the conditions, terms, limits and instructions for use and safety relating to the Products.
In particular and without this being exhaustive, the User must, prior to any use of the Products, be aware of and master:
- the functions and characteristics of the various parts making up the Products (according in particular to the diagrams provided in the user manual);
- the conditions and methods of assembly, fitting, starting, stopping and folding the Products;
- the conditions and methods for reading and adjusting the Products dashboard;
- the conditions and methods of storage, use, handling and safety relating to the batteries of the Products.
In general and without the specific conditions set out below being able to limit in any way the User's obligations, the latter undertakes, in all circumstances, to scrupulously respect all the conditions, terms, limits and instructions for use and safety relating to the Products, whether during storage, handling and/or use of the Products.
In any event, the User is invited to contact the Reseller and/or RISE UP for any questions and/or additional queries that he may have regarding the use of the Products.
6.2. Special conditions before use of the Products
Systematically and before each use of the Products, the User is required to follow the conditions, methods and instructions for control and safety on the Products, as indicated in the user manual.
The user is prohibited from using the Products and undertakes to contact the after-sales service of the Reseller and/or RISE UP in the event of detection of any defect and/or anomaly during the control and safety operations on the Products, in particular following the instructions provided in the user manual.
6.3. Special conditions during use of the Products
The User undertakes, in all circumstances and during each use of the Products, to scrupulously respect all the conditions, terms, limits and instructions for use and safety relating to the Products, as indicated in the user manual.
Without limiting the generality of the foregoing, the User undertakes in particular to:
- use the Products after having fully understood, learned and mastered the conditions and methods of circulation in complete safety;
- not to use or allow the Products to be used by any person who is not of the minimum age required depending on the type and nature of the Product;
- not to use or allow the Products to be used in rain, snow, hail and/or high humidity, and more generally not to allow water to penetrate the Products and their components (in particular when washing the Products);
- wear and ensure that all safety and protective equipment is worn when using the Products (full-face helmet, knee, elbow, hand and upper body protection, non-open and suitable shoes, etc.);
- be vigilant during operations of rotating, folding and unfolding the Products, any negligence during these operations could cause bodily injury;
- not to use or allow the Products to be used by performing stunts, jumps and/or falls of any kind, which may cause significant malfunctions of the Products and/or cause accidents;
- not to use or allow the Products to be used by two or more people (including minors) riding on them;
- not to disassemble, disassemble, reassemble, adjust or disrupt all or part of the Products and/or their components, all of these operations being reserved for RISE UP and/or any specialist reseller or repairer;
- respect and ensure that all laws, regulations and standards applicable to the use of the Products are scrupulously respected and in all circumstances, including in particular regulations relating to insurance and road traffic, it being specified that in all cases and circumstances, the Products cannot be used while driving on roads open to the public.
6.4. Special conditions for the maintenance of Products
The User is required to follow the conditions, methods and instructions for storage and maintenance of the Products, their components and spare parts, as indicated in the user manual.
The User is prohibited from using the Products and undertakes to contact the after-sales service of the Reseller and/or RISE UP in the event of detection of any defect and/or anomaly during inspection and maintenance operations on the Products, in particular following the instructions provided in the user manual.
6.5. Special conditions for Product insurance
The User is required to subscribe to and maintain, throughout the duration of use of the Products, with a notoriously solvent insurance company, a policy covering his unlimited civil liability and all risks and material and/or bodily damage that the Products may suffer or cause with respect to all property and all third parties.
The User's attention and vigilance is particularly drawn to the fact that the latter remains solely and fully responsible for the risks and material and/or bodily damage that the Products may suffer or cause during their use.
6.6. Limitation of liability of RISE UP
RISE UP cannot be held liable, in any capacity and on any legal basis whatsoever, for any harm, damage, material and/or physical, direct or indirect, occurring following storage, use and/or maintenance of the Products in conditions contrary to and/or insufficient in relation to the terms of this article 9 and more generally to the conditions, modalities, limits and instructions for use and safety indicated in the user manual.
Article 7 - Conformity and guarantees
7.1. Checks
The condition, absence of apparent defects and conformity in quality and quantity of the Products must be verified by the Reseller upon their delivery by RISE UP.
To ensure the preservation of recourse against the carrier, the Reseller is required to report its complaints, reservations or disputes on the transport slip and confirm these by registered letter with acknowledgement of receipt to the carrier and RISE UP within 48 hours of delivery of the Products.
7.2. Conformity of Products
The unconditional signature of the delivery note for the Products by the Reseller constitutes pure and simple acceptance without reservation of the delivery, of the conformity in quality and quantity of the Products ordered.
In any event, the Reseller is required to notify its complaints, reservations or disputes concerning the conformity of the Products by registered letter with acknowledgement of receipt addressed to RISE UP within 48 hours (2 working days) from receipt of the Products by the Reseller.
7.3. Hidden defects
Hidden defects must exist at the time of transfer of risks to be covered.
To implement the guarantee of hidden defects, the Reseller must exercise its warranty action by sending a registered letter with acknowledgement of receipt to RISE UP within 7 working days of receipt of the Products by the Reseller.
7.4. Defective Products
RISE UP cannot be held liable on the basis of liability for defective products provided for in Articles 1245 et seq. of the Civil Code, for damage caused to goods which are not used by the victim for their own use or private consumption.
7.5. Batteries
Regardless of the aforementioned legal guarantees, it is expressly agreed that any defect affecting the battery life, without the defect affecting the battery charging function, is guaranteed by RISE UP for a period of six (6) months (invoice date being authentic).
Consequently, it is expressly agreed and recalled that, after the period of six (6) months from the date of purchase, the Reseller may no longer make any claim regarding a defect and/or insufficiency relating to the battery life provided that this defect and/or insufficiency does not in itself affect the charging function of the Products.
7.6. Return of Products
Any claim made by the Reseller regarding the return of Products must be made to RISE UP after-sales service.
Any return of Products, whatever the legal basis for the claim, must be subject to prior written agreement from RISE UP and is in any event subject to compliance with the rules referred to in Articles 7.1 to 7.5 above.
In the event of a return of Products duly accepted by RISE UP, the Customer retains custody and responsibility for the costs and risks relating to the Products until they are actually returned to
RISE UP.
In the event of acceptance of the return of the Products, whatever the legal basis invoked (non-conformity, hidden defect, defectiveness, etc.), the liability of RISE U¨P is strictly limited, at its choice, (i) either to the replacement of the Products concerned by identical or similar Products, (ii) or to the repair of the Products, (iii) or to the issue of a credit note to the benefit of the Reseller, this to the exclusion of any compensation, damages, indirect losses, deductions and/or penalties of any nature whatsoever in respect of the returned Products.
7.7. Limitations of liability
No Product may be returned and RISE UP cannot be held liable, whatever the legal basis (non-conformity, hidden defect, defectiveness, etc.):
- in the event of exceeding the strict deadlines referred to in Articles 7.2 and 7.3;
- if RISE UP has not been able to control the alleged defect;
- if the Products have been stored, handled, used and/or maintained in conditions contrary to the instructions for use of the Products set out in the user manual and/or in article 6.
7.8 After-sales service returns
Please note: Scooters sent for after-sales service must be packaged in their original box or in a box in good condition. Any scooter sent without a box or with a damaged box will be given a personalized E-ride brand box, resulting in an additional charge of 15 euros (excluding shipping costs).
Article 8 - Intellectual property
The Reseller is informed that all intellectual property rights (trademarks, know-how, trade secrets and other intellectual and/or industrial property rights), as well as any element relating to the design and sale of the Products ordered, protectable or not within the meaning of the Intellectual Property Code, including the content, photographs and illustrations present on the Website belong entirely and exclusively to RISE UP.
Consequently, unless prior written consent is obtained from RISE UP, the Reseller shall not use, reproduce, distribute, exploit, modify or infringe in any manner and at any time the intellectual property rights and other aforementioned elements belonging to RISE UP.
Article 9 - Force majeure
RISE UP shall not be held liable in any way in the event of the occurrence of a force majeure event preventing the performance of its obligations under these T&Cs.
In addition to cases of force majeure within the meaning of the definition of the Civil Code and those usually recognized by French case law, the following are expressly considered to be cases of force majeure, without this list being exhaustive: wars, riots, natural disasters, floods, fires in all or part of the premises of RISE UP or its suppliers or manufacturers, strikes by all or part of the personnel of RISE UP or its suppliers or manufacturers, embargoes, governmental and/or legal restrictions, malfunctions in means of transport and/or communication, temporary or permanent unavailability in the supply of Products.
Article 10 - Applicable law - Disputes
Sales of Products under these General Terms and Conditions are governed by the provisions of French law, excluding the Vienna Convention of 11 April 1980 on the International Sale of Goods.
Any contractual or extra-contractual dispute relating to these General Terms and Conditions will, in the absence of an amicable settlement, be submitted to the competent courts located within the jurisdiction of the registered office of RISE UP, notwithstanding multiple defendants, incidental claim or summary proceedings.
