General terms and conditions of sale
Article 1 – Foreword
Article 2 – Object
Article 3 – Order and availability
Article 4 – Delivery
Article 5 – Terms and conditions of payment
Article 6 – Price
Article 7 – After-sales service
Article 8 – Right to cancel/return/change
Article 9 – Refund
Article 10 – Delivery freight and risks
Article 11 – Guarantees
Article 12 – Signatures and proofs
Article 13 – Liabilities and guarantees
Article 14 – Personal data
Article 15 – Intellectual property
Article 16 – Intirety
Article 17 – Duration
Article 18 – Proof
Article 19 – Preservation and storage of the transactions
Article 20 – Force majeure
Article 21 – Applicable law and competence
ARTICLE 1 – FOREWORD
The present general terms and conditions of sale are concluded between, on the one hand, Cycloboost :
Business name: Cycloboost
Legal status and share capital: LLC with capital of 15 000€
Head office address: S.A.R.L. Cycloboost
7 rue de Mireport
Company identification number: 524 608 684 00030
Identification number: 524 608 684 R.C.S. BORDEAUX
Intracommunity VAT number: FR94524608684
Phone number: 09.80.80.16.22
Websites: www.aevon-bikes.com / www.cycloboost.com / www.wattabox .fr
Hereinafter referred to as the ‘seller’.
And on the other hand,
Internet users, over 18 non-commercial individuals, wishing to make a purchase on the Aevon website visible at: https://www.aevon-bikes.com
Hereinafter referred to as the ‘user’ or the ‘buyer’.
The present conditions rule the sale of all new product (defined as having never been used), of any used product (defined as not being new or having been already used) or service presented on the website Aevon-bikes.com or the Cycloboost company/enterprise.
The parties agree that their relations are exclusively ruled by the present contract, Les parties conviennent que leurs relations seront exclusivement régies par le présent contrat, to the exclusion of any other condition.
Any order duly validated on the website Aevon-Bikes imply the total compliance and with no reservation to the present sales conditions and, potentially, to the specific and particular conditions of one or several products, services or orders.
If one condition were to be lacking, it would be considered to be ruled by the practices in force in the distance selling sector, whose companies are headquartered in France. Cycloboost company/enterprise commits to comply with all the provisions of the Consumer code relating to distance selling.
ARTICLE 2 – OBJECT
The present conditions aim to define the sales terms and conditions between the seller and the user, from the order to the services, including payment and delivery.
They rule all the necessary steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.
ARTICLE 3 – ORDER AND AVAILABILITY
Aevon Bikes is a selling distance website: you can order directly from our website accessible at: www.aevon-bikes.com
Cycloboost 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 user declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place on order on the website.
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 his order. The validation of his order therefore implies acceptance of these General Terms and Conditions.
After placing the order, the seller sends an email to the user confirming it, and in which all essential information relating to the object of the order will be reproduced. The seller informs of the shipment of the articles.
Cycloboost undertakes to honor orders received on the website only within the limits of available products. In the absence of availability of the product, the seller undertakes to inform the user and to reimburse him for any sum paid.
Note : can not be overtaxed, consumer calls related to:
– the follow-up of the execution of the order;
– the exercise of the right of withdrawal;
– the implementation of the guarantee.
On the other hand, nothing prohibits online merchants from charging a specific cost for orders or inquiries made before the conclusion of the contract.
ARTICLE 4 – DELIVERY
The delivery delay corresponds to the delay stated on the item: this delay includes the processing and delivery of the order. These delays are valid in Metropolitan France (contact us to know the delays for other destinations).
In case of payment by cheque, a waiting period of 10 working days will be necessary to confirm the amount of the customer’s order is credited to the sellers’ bank account. This waiting period will automatically be added to the initial delivery delay stated on the item corresponding to the payment by cheque.
Payment by credit card is the only payment mode allowing the delivery delay stated on the item to run immediately.
The customer will be notified in the event of an extension of the delays and will be able to be reimbursed at his request (excluding made-to-measure products).
Any order placed on the website and delivered out of France may be subject to taxes and custom duties which are imposed when the package reaches its destination.
These custom duties and potential taxes linked to the delivery of a product are the user’s responsibility.
The seller is not required to check and inform of applicable custom duties and taxes. In order to know them, we advise the user to inquire with the competent authorities of his country.
ARTICLE 5 – TERMS AND CONDITIONS OF PAYMENT
The deposit is in fact a first payment ‘equal’ to a purchase. There is no possibility of waiver for the consumer. Unless an agreement is found with the seller, the deposit is not refundable
The user can pay for his purchases:
– cash or with a cheque directly at the shop (the delays will run from the date of payment)
– cheques are only accepted in Euros and issued by a French bank.
The cheque must be establised in the name of the seller (CYCLOBOOST) and sent to the adress below with a copy of the order information:
7 rue de Mireport
33 310 LORMONT
- by bank wire
You can pay by bank wire directly from your bank account.
After your order is taken into account, our website gives you the bank information so you can make the payment.
- by credit card
Payment by credit card is the only payment mode allowing the delivery delay stated on the item to run immediately.
- by credit card in 3 monthly instalments free of charge
Only the individual user acting for purposes that do not fall within the scope of his professional activity can claim the payment in 3 instalments free of charge in the context of the acquisition of one or more products.
Safatety of the credit card payment and anti-fraud measure: Cycloboost reserves the right to ensure that the customer is indeed the holder of the bank card. At our request, we will ask the consumer to kindly send us by email a copy
of the front and back of his ID as well as a proof of address. Delivery will be made upon receipt of these documents.
For any information about this payment method or to make a request, please contact firstname.lastname@example.org.
ARTICLE 6 – PRICE
The prices of our products are in euros, all taxes included, excluding participation in processing, shipping costs and local taxes.
The seller reserves the right to modify his prices at any time, but the products will be invoiced on the basis of the prices in effect at the time of the orders’ registration.
The prices indicated on the website are guaranteed for the duration of online publication and within the limit of availability.
ARTICLE 7 – AFTER-SALES SERVICE AND RETURN OF GOODS
For any technical question after sale, you need to open a ticket directly from your personal space (after-sales service) on our website (click here to download the complete procedure).
No request can be made on the phone.
In the event of a proven failure or resulting from a manufacturing defect, Cycloboost bears the costs of analysis, repair, return of the equipment to the workshop and return to the buyer.
In the event of a failure that is not proven or which comes from an external element (shock, break, misuse or handling, etc…) Cycloboost reserves the right to invoice the fees of analysis, repair, return of the equipment to the workshop and return to the buyer.
For any question about the delivery, please get in touch with the delivery service at email@example.com
No return will be accepted without prior agreement specified with the return autorization number.
In case the order is picked up at the shop, the return and collection of the after-sales material have to be carried out in the shop.
The costs of returning material in the name of the contractual guarantee or a manufacturing defect are borne by Cycloboost.
The costs of returning material if there is a problem due to the use are borne by the buyer. We recommend that you avoid express returns which are more expensive.
If the buyer prefers to use his own forwarder for the return of the material, the return costs at Cycloboost will be refunded according to the following amounts:
- Accessory: 12€
- Motor or battery: 15€
- Motor AND battery: 22€
Cycloboost is not responsible for damages caused during the return shipment: the buyer must ensure that the equipment is properly packaged in the original packaging with all the necessary protections.
In the event of damage to the equipment during shipment due to poor packaging, the cost of repairs would be borne by the buyer.
Products returned that have been altered by the customer or damaged can not be refunded.
Used products can not be taken back or exchanged.
We do not carry out direct sales or after-sales service (open an after-sales service file online, analysis time of 48h minimum.)
We are not the French after-sales service of the brands we sell, our after-sales service is reserved to our clients.
For any equipment that doesn’t fall within the scope of the warranty (non Cycloboost equipment or Cycloboost equipment over 2 years old or degradation due to the use), a minimum analysis fee of 50€ will be applied.
ARTICLE 8 – RIGHT TO CANCEL/RETURN/EXCHANGE
In accordance with articles L.121-21 paragrah 1 and following of the Consumer Code, the buyer, a non-professionnal natural person, has a period of fourteen (14) days to inform in writing his intention to cancel, then 14 additional days to return the item(s) ordered to the seller without having to justify himself or pay penalties, except, where applicable, the cost of return.
In accordance with article L.121-21-8 paragraph 3° of the Consumer Code, ‘The right to cancel can not be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized.’
The period of fourteen days to exercise the right to cancel in writing runs from the date of the receipt of the article.
Items must be returned as new, complete (with all accessories) and in the original packaging. If the condition in which the original packaging was returned by the buyer is such that it can no longer be used by Cycloboost, management fees of 25€ will be invoiced to the buyer (handling and cost of new packaging). Damaged items (shocks, scratches, etc…), having undergone modifications of having been used can not be returned or exchanged (see packaging instructions).
All items can be exchanged or refunded except those marked otherwise, for example items that have been personalized at the customer’s request or second-hand items.
In the case of a cancellation, the return costs will be borne by the buyer.
You must return the products by declaring its value, as specified on the purchase invoice and ensuring the perfect insurance coverage of the risks of returning the material, in relation to the purchase invoice.
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 for a higher amount, the user must enclose the payment of the balance with the exchange request.
On the contrary, if the new order is for an inferior amount, the user will receive upon receipt of the request a credit note in the form of a code (to use on the website) as refund of the difference.
ARTICLE 9 – REFUND
Refund of products in the hypotheses referred to in the article above (right to cancel/return/exchange) will be made as soon as possible and at the latest within 14 days following the date on which the right was exercised. Refund will be made in Cycloboost’s proposal by crediting the customer’s bank account or by bank check sent to the name of the customer who placed the order and to the billing address.
The advantages gained during the purchase of the product will be canceled in the event of the return of the product accompanied by a refund of the said product.
The deposit is in fact a first payment ‘to be worth’ on a purchase. There is no possibility of waiver for the consumer. Unless an agreement is concluded with the buyer, the deposit is non refundable.
ARTICLE 10 – FREIGHT COSTS AND RISKS
The freight costs of a product under warranty or not are not covered. Cycloboost reserves the right to charge the freight costs for any repaired or exchanged product.
The user must check the product during the receipt and report any issue to the forwarder.
For any question related to the delivery, please get in touch with the delivery service at: firstname.lastname@example.org.
ARTICLE 11 – WARRANTIES
Some second-hand products will be subject to a contractual warranty which will vary according to their specifications. Mention will me made in the online corresponding product information.
All new items are subject to a contractual warranty, which does not preclude the legal warranty planned in articles 1641 and following of the Civil Code which applies to both new and used items.
The user benefits from a warranty for the articles allowing him to return the defective articles delivered in accordance with article L 211-4 and following of the Consumer Code. Regardless of the date of the notification of the anomaly, the equipment will be covered under the warranty only if it is returned before the end date of the warranty.
The obligation of compliant delivery set out below does not preclude Cycloboost from reserving the possibility of modifying the characteristics (size and/or weight) of its batteries depending on supplies.
# Article L211-4 consumer code
The seller is required to deliver a product that complies with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
# Article L211-5 consumer code
To be in conformity with the contract, the product must:
1° 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 following public declarations made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or present 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 product.
# 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.
# Article 1648 al. 1st civil code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 12 – SIGNATURE AND PROOFS
Any user of the site who does not have a customer account may follow a registration procedure allowing him to open his customer account. The username and password constitute confidential data that the customer not distribute to third parties. If in doubt about the unauthorized use of the account, the customer must promptly report it to the seller.
Cycloboost also offers users the possibility of placing an order as a quest, without following the traditional registration procedure. In this case, the user will not have a customer account and will not be able to consult the status of his order online.
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 of the articles mentionned 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. Full details can be found on the website or you can contact the customer service directly.
ARTICLE 13 – LIABILITY AND GUARANTEES
The motor kit, batteries and accessories emproving peformances can entail the loss of approval of your bike.
The purchase of these parts and their use are carried out under your full responsibility. The conditions of use of the kits, batteries and accessories are specified in the sheet for each product on the cycloboost.com website.
Only products purchased as new on cycloboost.com can give rise to a guarantee. This is indicated on the article sheet of the products presented on the site.
In order to to know the steps to follow concerning the after-sales service for any problem or breakdown on a product, you can contact the customer service. To be able to benefit from the guarantee of new products, it is essential to keep the purchase invoice of the product.
The contractual guarantee do no cover:
- abnormal or non-compliant use of the products: electrical overheating, water in the motor, poor protection of batteries and accessories, modification of connections and connectors. In this regard, we invite you to carefully consult the instructions for use made available on our website.
- any modification of the setting of the controller or the LCD display.
- wear parts: bearings, cables, power connectors, fuses, bulbs, buffers and brake pads, tires, rims, spokes…
- defaults and their consequences because of the intervention of a repairer not authorized by Cycloboost.
- defaults and their consequences due to any external cause.
Les interventions under the guarantee cannot have the effect of extending the duration of the latter.
The contractual guarantees do not apply in the event of the intervention of a repairer not approved by Cycloboost on the product.
The contractual guarantees do not apply on second-hand products.
Whether the assembly of the vehicle is carried our by Cycloboost, one of its partners or at home, it is up to the purchaser of the electric kit to check beforehand with the vehicle manufacturer the conditions and limits related to the electrification of the vehicule.
The buyer will always be informed of the nature of the product for sale, whether new or secondhand, according to the article L.111-1 of the Consumer Code.
Return fees and risks are the customer’s expense.
ARTICLE 14 – PERSONAL DATA
The seller reserves the right to collect the data. The personal data communicated by the user or collected via the operations of the website (through cookies or active x) are intented to ensure the implementation of the deliveries, to improve the quality of service and to better answer the customer’s expectations.
The user consents to the use of this data by the seller, to communicate info related to the services or promotional offers that might be of interest to the customer. If he doesn’t want to receive these offers, he can make the request at any time, either through the website or by mail at the following address:
7 rue de Mireport
33 310 LORMONT
by stating his name, surname, email adress and if possible customer reference.
In accordance with the provisions of the Data Protection Act of January 6th, 1978, the customer has a 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 website. The user is informed that this automated processing of information, in particular the management of email addresses, has been declared to the CNIL under number 135081811 dated March 11th, 2009.
The seller implements all means necessary to ensure the confidentiality and safety of the data transmitted on the web.
ARTICLE 15 – INTELLECTUAL PROPERTY
All elements of the website www.aevon-bikes.com are and will remain the exclusive intellectual property of Cycloboost.
No one is authorized to reproduce, exploit, repost or use for any reason whatsoever, even partially, elements of the website whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of Cycloboost.
ARTICLE 16 – 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
ARTICLE 17 – DURATION
The present conditions apply for the whole duration of the upload of the services offered by Cycloboost company.
ARTICLE 18 – PROOF
Les registres informatisés, conservés dans les systèmes informatiques de la société/entreprise Cycloboost et de ses partenaires dans des conditions raisonnables de sécurité, seront considérés comme des preuves des communications, des commandes et des paiements intervenus entre les parties.
The computerized registers, kept in the computer systems of Cycloboost company and its partners under reasonable safety conditions, will be considered as proof of communications, orders and payments made between the parties.
ARTICLE 19 – PRESERVATION AND STORAGE OF THE TRANSACTIONS
The storage of the purchase orders and invoices are implemented on a reliable and lasting medium, in order to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
ARTICLE 20 – FORCE MAJEURE
Cycloboost will not be held 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 the event of disruption or total or partial strike of the delivery services and/or means of communication, fire, flood, equipment failure or breakdown or as a result of the buyer’s actions.
ARTICLE 21 – APPLICABLE LAW AND COMPETENCE
The present conditions are submitted to the French law. A competent court in case of litigation will be the one of the home of the defender.