IT HAS BEEN PREVIOUSLY STATED THAT
BIKE RENTAL CONTRACT
GENERAL SALES AND RENTAL CONDITIONS
OKO PLANET
Article Liminaire - Purpose
OKO PLANET (hereinafter referred to as "the Lessor") has a fleet of bicycles which it offers for hire.
The purpose of this agreement is to determine the terms and conditions under which the Lessor rents to the Lessee the bicycle(s) and equipment listed in the special conditions (hereinafter referred to as "the Bicycle", regardless of their number).
The present rental, which is not subject to any particular regime, is governed solely by the provisions of the French Civil Code concerning rental.
Article 1 - Reservation terms and conditions
Any rental of a Bicycle gives rise to the conclusion of a rental contract which includes general and special conditions, the whole forming an indivisible whole.
The reservation only becomes definitive once the contract has been signed by both parties and the deposit has been received, the amount of which is specified in the special conditions.
The name of the Renter indicated on the rental contract is that of the principal renter, who must be present when the contract is signed and to whom the rental charges will be billed.
In the event of the rental of several bicycles, the Tenant shall be solely responsible for compliance with all obligations under the present contract by all users of the Bicycles to whom he entrusts them.
Article 2 - Tenant's conditions and required documents
The Hirer declares that he/she is fit to ride the Bicycle and is not aware of any medical contraindication. It is the Tenant's sole responsibility to check the physical fitness of the persons to whom it entrusts bicycles under the present contract.
The Lessor may not be held liable for any damage caused by the Lessee's inaptitude.
Upon handover of the Bicycle to the Tenant, the Lessor transfers legal and material custody of the Bicycle for the duration of the contract and until its actual return. As custodian of the Bicycle, the Tenant is liable for any damage caused to or suffered by the Bicycle, in all circumstances and whatever the cause of the damage, even in the event of an act of God or force majeure.
Under no circumstances shall the Lessor be held liable for any bodily injury or material damage resulting from the use of the Bicycle by the Tenant or any person authorized by the Tenant.
Article 3 - Rental deposit and payment
At the time of booking, the Hirer will be required to pay a deposit, the total amount of which is set out in the special conditions. The balance of the rental service must be paid when taking possession of the rented Bicycle, at the place agreed between the Parties.
For rentals to professionals, in the event of non-payment or unpaid invoices, the Hirer expressly accepts the forfeiture of any unpaid invoices and the termination of the contract by operation of law, as well as the immediate return of the Bicycle(s) being rented.
In the event of late payment (invoice due date), the Hirer will be liable for a late payment penalty calculated at the current legal interest rate plus EIGHT (8) percentage points.
Article 4 - Modification of reservation
From the date of signature of the Rental Contract, the dates and conditions of the rental may not be modified without the prior express written agreement of the Lessor.
If the Tenant does not take possession of his or her Bicycle within FOUR (4) hours of the date and time of the reservation mentioned in his or her reservation, the Rental will be deemed to have been cancelled by the Tenant, who must then pay the full amount of the reservation.
In the event that the Lessor is unable to rent the Bicycle to the Renter on the scheduled rental date, the Lessor undertakes to refund the full amount of the deposit paid by the Renter. The Renter may not claim any other compensation.
Article 5 - Security deposit
In order to take possession of the Bicycle, the Tenant shall pay the Lessor a security deposit, the amount of which is set out in the Special Rental Conditions. This deposit is intended to guarantee the Lessor's payment of the rental charge, plus any financial liability the Lessee may incur in the event of damage to or deterioration of the Bicycle or its equipment, or in the event of theft.
It will be used to return the Bicycle to the condition in which it was at the time of taking possession
Article 6 - Provision of the Bicycle
The Lessor undertakes to bring the reserved Bicycle(s) to the Lessee, at the address agreed at the time of reservation, on the day and at the time indicated, in apparent good working order and with its repair kit.
All rented bikes are equipped with a repair kit including a puncture-proof spray.
Bikes, equipment and accessories are deemed to comply with the regulations in force at the time of rental and to be in good working order. The equipment and accessories are fixed in accordance with the safety standards in force on the day of rental.
The Hirer is responsible for checking that all equipment is present when the bike is delivered and the contract is signed
In the event of failure to return any of this equipment, the Lessor will charge the Renter a flat-rate penalty of €50 including VAT for incomplete return.
By signing the rental contract, the Tenant accepts the bicycle in the condition in which it is found, and considers that it is in conformity. He/she undertakes to return it in the same condition.
In the event of technical anomalies or defects that are not apparent, the Tenant must notify the Lessor within FIFTEEN (15) minutes of departure. Failing this, the Bicycle will be deemed to have been returned in good working order.
Article 7 - Return of the bicycle
The rental ends with the actual return of the bicycle and accessories to the Lessor, at the place and time stipulated in the rental contract.
The Renter's attention is hereby drawn to the fact that the Lessor schedules its rounds for the provision and return of its bicycles and commits itself to precise times with its customers. It is therefore an essential condition of the present rental that the Tenant returns the bicycle in strict compliance with the agreed terms.
Thus, if the Tenant is not present at the agreed meeting point at the time stipulated in the present contract, the Lessor reserves the right to charge the Tenant penalties for non-return of 50 euros per day of delay.
If the Tenant is more than FIVE (5) minutes late in relation to the agreed return time, the Landlord will attempt to contact the Tenant and will continue with the tour. It is then up to the Tenant to contact the Lessor again to arrange a new appointment.
The Bicycle must be returned in the same condition as when the Tenant took possession of it. Should this not be the case, the Lessor reserves the right to charge a fee for returning and restoring the bike. All damages will be charged to the security deposit. If the latter is insufficient, the Landlord will invoice the Tenant for the excess, who must pay the said invoice on receipt.
Repairs and any loss of the Bicycle will be invoiced to the Tenant on presentation of a repair or purchase invoice.
Article 8 - Use of the bike
The Tenant undertakes to use the equipment with care and within the limits of its capacities, to comply with the instructions for use and safety which are customary and in force, and to use the rented bicycle only under normal conditions.
He/she undertakes to return the bicycle in its original condition on the date, place and time agreed in the special conditions.
The Hirer declares that he/she abides by the Highway Code and undertakes to comply strictly with it.
Should the Renter contravene any laws or regulations in force during the rental period, the Lessor shall not be held liable under any circumstances.
The Tenant undertakes to make every effort to prevent theft or damage to the rented bicycle.
To this end, whatever the length of time the bicycle is parked, he/she undertakes to secure it to a fixed point using the anti-theft device provided.
The Renter undertakes :
- to use the Bicycle reasonably, under normal conditions of use ;
- to use the Bicycle only on roads suitable for vehicular traffic;
- to use the Bicycle in accordance with the provisions of the Highway Code
- not to use the Bicycle under the influence of alcohol, drugs or any other substance affecting consciousness or the ability to react;
Finally, as the Bicycle is electrically assisted, the Renter is informed of the battery's autonomy on departure. In the event of the battery running out, the Lessor is not liable.
Article 9 - Accidents and Theft
In the event of technical failure of the Bicycle during the term of the contract, the Tenant may not undertake any repair work on his own initiative. He must inform the Lessor, who will then give him all necessary instructions. Only punctures may be "repaired" directly by the Tenant using the kit provided by the Lessor.
The bicycle will be replaced by a bicycle of the same type, subject to availability and in the absence of fault on the part of the Tenant, for the remaining period.
The Tenant may not claim reimbursement of expenses or invoices, or damages.
In the event of damage to the bicycle, even if such damage does not require immediate repair, the Tenant must inform the Landlord immediately upon becoming aware of the damage.
In the event of an accident, the Tenant must immediately report it to the Landlord. A joint accident report, whether the Tenant is responsible or not, must be provided to the Landlord, except in cases of Force Majeure, as soon as possible and in all cases before the end of the rental contract.
The Tenant is obliged to take all reasonable care to complete the accident report legibly, usably and signed by both Parties. If this is not possible, the Tenant must provide the Landlord with the police or gendarmerie report drawn up at the time of the Accident.
Failing this, and except in cases of force majeure making it impossible to provide a report within the aforementioned time limits, as well as in the event of insurance refusal to cover the damage caused to the bicycle, the Tenant shall be liable for all damage attributable to him/her, in particular that suffered by the Bicycle up to the limit of its market value plus the costs and expenses associated with its immobilization.
In the event of theft, the Renter must provide the Lessor with proof that a complaint has been lodged with a police station or gendarmerie within 24 hours of the theft.
If the stolen bike is subsequently returned to the Lessor, the Tenant who has complied with the above procedure will be reimbursed the amount of the deposit collected, less any costs incurred to restore the Bike.
9.1
Liability - Damage to rented property - Theft
The Hirer is personally liable for any damage caused by the use of the EAB(s) and Accessories. The Renter may not be held liable for damage suffered or caused by the EAB(s) and Accessories, unless it is proven that such damage is due to an internal defect or to a lack of maintenance of the EAB(s) and Accessories.
The Tenant declares that he/she is the holder of a personal civil liability insurance policy covering liability incurred during the use of the Rented Goods by himself/herself, the persons in his/her care and his/her employees.
The lessee is therefore not covered for damage to the rented item and is personally liable for said damage, breakage, loss and theft.
In the event of breakage: the hirer undertakes to return the damaged equipment, which must be recognizable and complete. Damage to the equipment will be invoiced to the hirer in accordance with the current price list appended to the present contract.
Theft and loss of equipment are not covered.
Consequently, the equipment will be invoiced to the hirer on the basis of its value as new, with deductions made for obsolescence (1% per month after the 24th month). The deposit will be used to cover all or part of the loss.
An invoice will be supplied to the hirer for presentation to his personal insurer.
Article 10 - Insurance and Assistance
The Hirer and any person he allows to use the Bicycle must be covered by third-party liability insurance. The Tenant releases the Landlord from any liability arising from the use of the Bicycle, in particular with regard to accidents and damage caused to third parties as a result of the use of the Bicycle. The Bicycle remains the exclusive property of the Lessor throughout the rental period.
Article 11 - Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
However, if the change in circumstances unforeseeable at the time of conclusion of the contract is definitive or persists beyond THIRTY (30) days, the present contract will be purely and simply terminated in accordance with the terms defined in the article "Resolution for unforeseeable circumstances".
Article 12 - Exception of non-performance
Pursuant to article 1219 of the French Civil Code, either Party may refuse to perform its obligation, even though it is due, if the other Party fails to perform its obligation and if such non-performance is sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium.
The suspension of performance will take effect immediately, on receipt by the defaulting Party of the notification of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
However, if the impediment is definitive or persists for more than one month from the date on which the impediment is established by the notification made, the present contract will be purely and simply terminated in accordance with the terms and conditions defined in the article Resolution for failure by a party to fulfil its obligations.
Article 13 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is due to a case of force majeure, as defined in article 1218 of the French Civil Code. The Party observing the event must immediately inform the other Party of its inability to perform and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed TWENTY-FOUR (24) hours. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or e-mail with acknowledgement of receipt. If the impediment is definitive or exceeds a duration of TWENTY-FOUR (24) hours, the present contract will be purely and simply terminated in accordance with the terms defined in the article "Termination for force majeure".
Article 14 - Resolution of the contract
14.1 Termination for unforeseen circumstances
Notwithstanding the clause entitled "Termination for failure by a party to fulfil its obligations" set out below, termination due to the impossibility of fulfilling an obligation that has become excessively onerous may only occur FIFTEEN (15) days after formal notice of the intention to apply the present clause has been sent by registered letter with acknowledgement of receipt or by any extrajudicial act.
14.2 Termination due to force majeure
Termination by operation of law for reasons of force majeure may not, notwithstanding the clause Termination for failure by a party to meet its obligations set out below, take place TWENTY-FOUR (24) hours after formal notice has been sent by e-mail with acknowledgement of receipt or by any extrajudicial act.
However, this formal notice must mention the intention to apply the present clause.
14.3 Termination for failure by a party to meet its obligations
In the event of failure by either party to comply with any of its obligations, in particular failure to pay the reservation price when due, failure to return the Bicycle on the due date, or any other provision referred to in the articles of this contract, the contract may be terminated at the discretion of the aggrieved party.
The Party suffering the default may then notify the Defaulting Party by registered letter or e-mail with acknowledgement of receipt, of the wrongful termination of the present contract, TWENTY-FOUR (24) hours after the sending of a formal notice to perform which has remained unsuccessful. The same shall apply in the event of a sufficiently serious breach by one of the parties of its obligations pursuant to the provisions of article 1224 of the French Civil Code.
14.4 Provisions common to all cases of termination
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of the present agreement will be validly put in default by the mere payability of the obligation, in accordance with the provisions of article 1344 of the French Civil Code.
In any event, the injured party may apply to the courts for damages.
Upon termination of the contract, the Hirer must return the Bicycle or let it be taken back without delay. The total amount of the rental shall be retained by the Lessor as initial compensation.
In the event that the Tenant refuses to return the Bicycle, an order issued by the President of the Court having territorial jurisdiction shall be sufficient to compel him/her to do so, by simple request or by summary proceedings.
In addition, all costs incurred by the Landlord as a result of the termination of the contract shall be borne exclusively by the Tenant.
If, after termination, the Tenant retains use of the Bicycle for a certain period of time, the Lessor is authorized to charge a daily immobilization fee equal to the daily rental rate.
Article 15 - Transfer and subletting
The Tenant may not sublet, lend, make available free of charge or for a consideration, pledge or assign for any reason or in any form whatsoever, all or part of the Bicycle or its rights and obligations hereunder without the prior express written consent of the Landlord.
Any breach of this clause shall result in the automatic termination of the present contract to the sole detriment of the Tenant under the conditions set out in article 18-2 hereof
Article 16 - Processing of personal data
In application of law n°78-17 of January 6, 1978 relating to files, data processing and freedoms but also of the RGPD, the Tenant is informed and expressly accepts that the Landlord holds a file of personal data collected when the rental contract is signed.
This data is processed to enable the Lessor to manage the rental and related operations, in particular invoicing, and to send the lessee any commercial information that may be required. All or part of this information is intended for use by the Lessor and its partners.
In addition, the Lessor has installed in some of its Bicycles a system enabling them to be located in real time, in order to facilitate the management of theft and loss of Bicycles. By signing the rental contract, the lessee authorizes the Lessor to collect, via the on-board geolocation system, and to use for the purposes described above, data enabling the Lessor to determine the geographical position of the Bicycle.
Only the Lessor's departments will have access to this data, as well as any person entitled to access by law. This data will be kept for the duration of the contract and, where applicable, the investigation.
In accordance with the applicable regulations, the Tenant has the right to access, rectify, delete and port his or her personal data, as well as the right to object to the processing of his or her personal data for legitimate reasons. These rights may be exercised by contacting the data controller at the Landlord's postal address avenue du Val d'Ardèche - 07330 THUEYTS, enclosing proof of identity
In the event of a complaint, the Tenant may submit a claim to the Commission Nationale de l'Informatique et des Libertés.
Article 17 - Applicable law - Language of the contract
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
APPENDICES :
Nomenclature of damaged parts in € incl. VAT
Repair and exchange of parts :
Labor cost 65 € (1h) for technical interventions on complex products
Labor cost 35 € (1/2h) for technical interventions on non-complex products
Washing: €5
Battery: €800
Fork: €200
Crankset: €100
Front wheel: €180
Rear wheel: €220
Shifter / Speed: 60
Handlebars: €45
Derailleur: €100
Electrical wiring: €70
front/rear hydraulic brake: €200
Tires: €65
Brake disc: €55
Saddle: €30
Chain: €45
Handlebar grip: €20
Brake lever: €75
Mudguard: €30
Chain guard: €18
Front lighting: €65
Rear lights: €65
Pedal: €55
Kickstand: €35
Bosch display: Purion €100 / Intuvia €160
Accessories to replace in case of damage :
Child seat: €90
Bosch display: €160
Yamaha display: €150
Basket: €38
Lock: 20€ anti-theft
anti-theft device: €25
Doorbell: €5
Helmet: €50
Yellow vest: €12
Puncture-proof spray: €7
GPS: €150
Frame lock: €49.90
Production of a bike key in the event of loss: €50
GENERAL CONDITIONS OF SALE
OKO PLANET
IT HAS BEEN PREVIOUSLY EXPOSED WHAT FOLLOWS
TERMS AND CONDITIONS OF SALE
Art 1 Preamble
1.1 - The Website
The website www.location-ebike.com / location.bike is operated by SASU OKO PLANET. Any order validated by a Customer (as this term is defined below) on the Website www.location-ebike.com / location.bike, hereinafter referred to as www.location-
ebike.com, implies prior acceptance of these terms and conditions.
1.2 - Company identification
SASU OKO PLANET is a company incorporated under French law with a capital of (5000 Euros) whose registered office is located at Avenue du val d'Ardèche 07330 Thueyts.
SASU OKO PLANET is located at Avenue du val d'ardeche 07330 Thueyts - Tel: 07 89 73 34 45. This address is the only valid address for sending mail.
1.3 - Purpose of the general terms and conditions of sale - Mutual obligations
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Location-ebike.com / location.bike to the Customer.
These terms and conditions are written in French and express the obligations and rights of the Customer and Location-ebike.com / location.bike. In this sense, the Customer acknowledges that he accepts without reservation the entirety of the provisions set forth herein.
Location-ebike.com / location.bike reciprocally undertakes to respect the obligations incumbent upon it in the context of these terms and conditions.
1.4 - Definitions
A "Customer" is any person wishing to do business with Location-ebike.com / location.bike in compliance with the present terms and conditions and a "Supplier" is any company having mandated Location-ebike.com / location.bike to sell a Product belonging to it on the Site or having directly sold Products to Location-ebike.com / location.bike.
Each order placed by a Customer under the conditions set forth herein shall hereinafter be referred to as an "Order".
The companies used by Location-ebike.com / location.bike to deliver the Products to the Customer are hereinafter referred to as "Carriers".
Customer Service is the main contact between the Customer and Location-ebike.com / location.bike. Customer Service can be reached every day on 07 89 73 34 45.
Customers may also contact Customer Service at info@locaiton-ebike.com or via the contact form on the website. The response time cannot be guaranteed.
Art 2 General
2.1 - Conclusion of contract - Entry into force of general terms and conditions
Insofar as the Customer orders online the Products and/or services presented on the Location-ebike.com / location.bike Website, the Customer's electronic signature on the "Order Form" marks the conclusion of the contract between the Customer and Location-ebike.com / location.bike.
In accordance with the French law of March 13, 2000 on electronic signatures and the French law of June 21, 2004 on confidence in the digital economy, any Order validated by the Customer by his "double click" or by his agreement over the telephone constitutes an irrevocable acceptance of these terms and conditions by the Customer, in the same way as a handwritten signature, which may only be challenged within the limits set forth in Article 10 below of these terms and conditions.
2.2 - Duration of contract
The general conditions of sale are concluded for the duration necessary for the supply of the goods and services subscribed to, until the extinction of their guarantees.
2.3 - Documentary evidence
Contractual information concerning the Order will be confirmed by e-mail. Location-ebike.com / location.bike recommends that the Customer retain or print out the Order confirmation e-mail. However, all documents resulting from the archiving of Order forms and invoices in the computer systems of Location-ebike.com / location.bike may also constitute legal proof of communications, Orders and payments between the parties.
2.4 - Validity of general terms and conditions of sale
Location-ebike.com / location.bike reserves the right to modify its terms and conditions of sale. It is the customer's responsibility to consult them regularly.
Products ordered on the Location-ebike.com / location.bike website by Customers are governed by the terms and conditions of sale online at the date of the Order.
Art 3 Products
3.1 - Product description and information
The Products offered by Location-ebike.com / location.bike comply with current French legislation and with standards applicable in France. However, should a Product be withdrawn from sale for any reason by the Supplier, Location-ebike.com / location.bike will withdraw the Product from sale as soon as possible. This action shall in no way give rise to a right of action in favor of the Customer.
If the Product or its packaging is replaced by the Supplier only to make way for an equivalent new-generation Product, Location-ebike.com / location.bike may market the Product until its stocks are exhausted, without any time limit. In this sense, the unavailability of an old Product or the sale of a Product in its old packaging shall in no case be a valid reason for the Customer to return or sue Location-ebike.com / location.bike.
Location-ebike.com / location.bike does its best to present the essential characteristics of the Products on the Product sheets. The information presented by Location-ebike.com / location.bike is that communicated by the Suppliers. Location-ebike.com / location.bike shall not be held liable in the event of erroneous information communicated by the Suppliers (error of reference, characteristic, photograph, etc.).
In general, the descriptions (photographs, texts, graphics, information and characteristics) illustrating the Products presented are given for information only. In the event that a Product is offered in several variations, the photograph(s) is (are) given for information only and should not be construed as giving any information whatsoever on the container(s).
Location-ebike.com / location.bike cannot be held responsible for any error in the description (photographs, text, graphics, information or characteristics) of a Product. In the event of a description error, the Customer will not automatically obtain the right to return the Product. Apart from the cases provided for in article 10 below, only a description error concerning the substantial qualities of the Product may justify a right to return the Product in question.
3.2 - Availability
Location-ebike.com / location.bike undertakes to honour the Orders received within the limits of the stocks available from its Suppliers. In the event of proven non-availability of the product ordered, or in the event of a significant increase in delivery time due to such non-availability, Location-ebike.com / location.bike will propose a replacement product with the same price and characteristics to its Customer, who will be free to accept or refuse it.
If all or part of the order is unavailable and the Customer refuses the delivery date or the replacement products, Location-ebike.com / location.bike will offer a refund or a credit note to be used against the entire Location-ebike.com / location.bike catalog.
If the Customer opts for a refund, Location-ebike.com / location.bike will make every effort to reimburse the Customer at the latest within 30 days of the date on which Location-ebike.com / location.bike informs the Customer of the unavailability of the product, in priority by the same means of payment as that used for the order or, if this is not possible, by cheque sent to the address indicated by the Customer in the billing address.
In the event of unavailability of the products ordered, Location-ebike.com / location.bike cannot be held liable to a Customer or a third party for any indirect damage, loss of profit or turnover, or loss of data in any way whatsoever.
3.3 - Exceptions
Some of the Products sold on the Location-ebike.com / location.bike website are stocked by its Suppliers. The period of availability corresponds to the transport of the Product from the Supplier's warehouse to that of Location-ebike.com / location.bike. In this case, the delivery time to the Customer corresponds to the availability time, to which should be added the delivery time by the Carrier(s). Likewise, the lead time for collection from a warehouse corresponds to the lead time for availability, to which should be added the usual lead time for order preparation. These lead times apply from the date of validation of payment by Location-ebike.com / location.bike.
Art 4 Prices
4.1 - Composition and validity
The prices of the Products sold on the Site are indicated in Euros, inclusive of all taxes but excluding shipping, warranty and ancillary service charges, and are valid as long as they appear on the product description sheet. If the price of the same product is incorrect elsewhere on the site (e.g. on the home page) or in the newsletter, the price indicated in the shopping basket shall prevail.
4.2 - Fluctuations
The price of a given Product may fluctuate after it has been posted on the Site. This fluctuation may be occasional, as it is part of a promotional operation of limited duration, or longer, as it depends on the supply channels and commercial policies of the Suppliers. Location-ebike.com / location.bike cannot be held responsible for price fluctuations.
Under no circumstances will these fluctuations entitle the Customer to return the Product outside the conditions and time limits for returns set forth in Article 10 below. Location-ebike.com / location.bike cannot be held liable for fluctuations in the sale price and any price differences will not be reimbursed under any circumstances.
4.3 - Possible errors
All prices are given subject to obvious typographical errors. Should an error occur, Location-ebike.com / location.bike will contact the Customer to inform him of the error made by its services and will remind him that the Order will be invoiced under the corrected conditions. However, in the event of refusal of the corrected conditions, the Customer will be free to cancel the corrected Order without penalty.
Art 5 Order
5.1 - Capacity
Only persons legally capable of entering into contracts concerning the goods and services offered on the Site may order on the Location-ebike.com / location.bike Site. By placing an Order, the Customer warrants that he/she has the full legal capacity to accept these terms and conditions and to enter into this contract. In the event of payment by card, the Customer warrants that he/she is fully authorized to use said card and that said card provides access to sufficient funds to cover all costs necessary to settle the Order.
5.2 - Personal information
When placing an Order, the Customer agrees to provide the information requested and undertakes to ensure that this information is accurate: e-mail address, first and last name, postal address and telephone number.
Any Customer validly registered on the Site will be bound by any Order that requires the use of the Customer's e-mail address and personal password (subject to the rights of withdrawal and return as defined herein).
The Customer must check all the information entered during the Order process (product ordered, delivery address, billing address, telephone number, etc.). In the case of an Order placed by telephone with Location-ebike.com / location.bike's telephone sales department, the Customer must also verify the information entered by the telephonist (first and last name, delivery and billing addresses, Product ordered, etc.).
This information is included in the Order confirmation e-mail. If, after validation of the Order placed on the www.location-ebike.com / location.bike website or by telephone with the telephone sales service, the Customer becomes aware of the need to modify certain information, he/she may do so by contacting Customer Service by telephone on 07 89 73 34 45 or by e-mail via his/her Customer account, within 24 hours, so that Location-ebike.com / location.bike can best satisfy his/her request. Updated information can only be taken into account if the Order has not yet been processed or is in the process of being shipped.
Location-ebike.com / location.bike cannot be held responsible for any data entry errors made by the Customer, nor for the consequences in terms of late or incorrect delivery. Thus, if delivery cannot take place due to a data entry error by the Customer, the cost of reshipment will be borne by the Customer. In this case, the Customer shall refrain from making any claim due to delivery delays.
5.3 - Confirmation and dispatch emails
Location-ebike.com / location.bike sends an e-mail confirming the Customer's Order in order to summarize part of the contractual information. Once the Customer's Order has been validated by Location-ebike.com / location.bike in accordance with the payment validation procedures described in Article 6 below, the Customer will receive a new e-mail from the Carrier informing him that his Order has been dispatched.
5.4 - Order processing
Orders are processed in the order in which payment is validated. Location-ebike.com / location.bike undertakes to process all Orders within the limits of available stocks in its warehouses and with its Suppliers. Deliveries are made according to availability and may be made in whole or in part. In the event of an Order for several items, Location-ebike.com / location.bike may send each item in a separate parcel.
5.5 - Failure to execute the Order
Location-ebike.com / location.bike may not be held liable for non-performance of the contract in the event of force majeure, disruption or total or partial strike, in particular of postal services and means of transport, communications (computer network breakdown, etc.), flood, fire, etc. Location-ebike.com / location.bike may not be held liable for non-performance of the contract in the event of force majeure. Location-ebike.com / location.bike shall not be liable to any Customer or third party for any indirect damage, loss of profit or sales or loss of data arising in any way whatsoever, even if such damage, loss or prejudice was foreseeable by Location-ebike.com / location.bike, or if its possibility had been brought to its attention.
Art 6 Validation of payment
6.1 - Purpose
Validation of payment by Location-ebike.com / location.bike Services enables the shipment of packages either to the Customer's home address, to the address chosen by the Customer, or to one of the relay points.
6.2 - Terms and conditions
In order to limit the risk of fraud and to protect the interests of its customers, Location-ebike.com / location.bike may occasionally carry out checks on the validity of payments made. In the event of a control, the Customer is notified by email of the supporting documents to be sent (by email or post) to Location-ebike.com / location.bike in order to allow them to definitively validate the Order.
Following this possible check, Location-ebike.com / location.bike reserves the right to accept or reject the Order:
- In the event of non-receipt of supporting documents within 48 hours Location-ebike.com / location.bike reserves the right to refuse validation of payment and therefore to reject the Order.
- In the event of receipt of documents deemed non-compliant by Location-ebike.com / location.bike, Location-ebike.com / location.bike reserves the right to reject the Order.
6.3 - Invoicing
Once payment has been validated, the Customer is invoiced immediately on the Site. In the case of VAD or off-site sales, the Customer is generally invoiced within 24 hours from the date of payment validation.
Art 7 Payment
7.1 - Terms of payment
Location-ebike.com / location.bike does not save the Customer's credit card details.
The Customer may pay for his Order in several ways:
A/ Online payment by credit card
- By credit card: Carte Bleue, e-carte bleue, Visa or Mastercard. The Customer's account will be debited upon validation of the Order. In the event of Products being sold out or unavailable, the Customer will be contacted by e-mail or telephone at the addresses and numbers previously entered in the Customer account.
a/ In the case of online payment by credit card, the Customer must provide the type of credit card, the credit card number, the expiry date and the cryptogram, as well as the 3D-SECURE code (provided by the Customer's bank). The Customer guarantees that he/she is fully authorized to use the said Card and that the Card gives access to sufficient funds to cover all costs arising from the Order.
b/ In the event of online payment by Card by telephone to the Location-ebike.com / location.bike Customer Service agents, the Order cannot be delivered to a relay point. In addition, Location-ebike.com / location.bike will request the following proof from the Customer:
- If the Order has been placed in the name of an individual: valid identification or proof of identity and proof of address less than 3 months old.
- If the Order has been placed in the name of a company: an extract of the company's Kbis, less than 3 months old, and two valid pieces of identification for the company's manager.
The card is debited as soon as the purchase is validated (except for deferred debit cards, which are debited according to the customer's banking conditions).
B/ Payment by cheque
The cheque must be issued by a bank domiciled in metropolitan France or Monaco. The Order will only be validated once the cheque has been received by Location-ebike.com / location.bike, and the Order will only be dispatched once the cheque has been cashed and credited, taking into account a possible rejection period of approximately 10 days.
In addition, if the Order has been placed in the name of a private individual, the Customer must enclose a valid form of identification and proof of address less than 3 months old with the cheque.
If the Order has been placed in the name of a company, the Customer must enclose with the cheque a Kbis extract from the company that is less than 3 months old, and two pieces of valid identification for the company manager.
It is imperative that the Customer indicates in the subject line of the transfer his name and the order number communicated when validating his basket.
F/ Payment by promotional code and/or discount
This promotional code or discount voucher can be used on all or part of the Location-ebike.com / location.bike catalog. It is valid for a maximum of 365 days. It is non-refundable, non-cumulative, indivisible, does not apply to shipping costs, and can only be used on an order for an amount, excluding shipping costs, greater than or equal to its value.
7.2 - Invoice access
The invoice is automatically emailed to the Customer as soon as the order has been dispatched.
It can also be accessed in the Customer space on www.Location-ebike.com / location.bike ("my account" section) or in the contact section, accessible from the home page on www.Location-
ebike.com by leaving a message with customer service.
7.3 - Default of payment
Location-ebike.com / location.bike reserves the right to suspend or close the account of a Customer who contravenes the provisions of these Terms and Conditions of Sale. Any person whose account has been suspended or closed may not order on the Site without the prior authorization of Location-ebike.com / location.bike.
Location-ebike.com / location.bike reserves the right to refuse to make a delivery or to honour an Order from a Customer who has not fully settled a previous Order or with whom a dispute has not been resolved.
Location-ebike.com / location.bike also reserves the right to refuse delivery or to honour an Order from a Customer whose cheque credit has not been fully validated by the Bank or whose credit card details are suspect or suspected of being fraudulent.
Art 8 Collection
Location-ebike.com / location.bike allows its customers to collect their orders only via the www.Location-ebike.com / location.bike website.
8.1 - Confirmation of collection
Customers will be notified by e-mail when their order is ready for collection. Pick-up is only possible if the entire order is in stock at the store. If the Product is in stock at the Supplier, the Customer must wait until the Product is in stock before proceeding with shipment by the Location-ebike.com / location.bike team.
When the order is available for collection, failure to collect the Products within 30 days will result in the Products not collected being returned to stock. The Customer will therefore have to place a new order to have the parts available again.
Any collection from the Warehouse without prior receipt of an e-mail informing the Customer of the availability of his order will entail the risk of a long waiting period and the unavailability of the Products ordered.
8.2 - Documents required for collection
When collecting the Order, the Customer must present the Order confirmation e-mail and :
a/ If the invoice has been drawn up in the name of a private individual: proof of identity;
b/ If the invoice has been issued in the name of a company: a Kbis extract of the company less than 3 months old and the identity card of the company manager;
c/ If the person picking up the Order is not the Customer (whose name and address appear on the invoice), this person must present the above-mentioned documents, together with his or her own identity card and a letter of proxy drawn up and signed by the Customer (in the case of a private individual) or by the company manager (in the case of a company).
In the event of non-compliance with these provisions, Location-ebike.com / location.bike reserves the right not to deliver the Order to the Customer.
8.3 - Reservations on collection
The absence of any reservation by the Customer at the time of collection constitutes irrevocable acceptance. Collection of the Product automatically entails the transfer of risk to the Customer, which means that the handling, loading and transportation of the Product are the Customer's sole responsibility.
Art 9 Delivery
9.1 - Delivery procedure
Unless otherwise stipulated in these General Terms and Conditions of Sale, delivery charges are always payable by the Customer.
Products must be delivered to the address indicated by the Customer when entering information during the Order process. Location-ebike.com / location.bike therefore advises the Customer to check the accuracy of the information provided for delivery of the Order.
Delivery does not include installation or commissioning of the Product ordered, or the return of old equipment.
If the Customer has entered an incorrect or incomplete address (staircase, building, door, code, etc.) when placing the Order, the carrier will be unable to make the delivery and the Product will automatically be returned to Location-ebike.com / location.bike.
- If the Customer decides to proceed with a new delivery, this will be at the Customer's expense at a cost of €19.99 including VAT and must be paid before the return by contacting Customer Service.
- If the Customer wishes to cancel his Order, he may choose either a refund or a credit note. If the Customer chooses a refund, Location-ebike.com / location.bike will make its best efforts to refund the Customer within 30 days from the date of receipt of the returned Product by the Carrier. The reimbursement then made by Location-ebike.com / location.bike will be the amount of the order, minus the outbound shipping costs and €9.99 including VAT for the return shipping costs. If the Customer chooses to benefit from a credit note, this will be the amount of the order, minus the outward carriage costs and €9.99 including VAT for return carriage costs.
In the event of loss of a parcel by the carrier, an inquiry will be opened with their service. The duration of this investigation may not exceed 20 days. If at the end of this period the parcel has not been delivered, Location-ebike.com / location.bike will propose to the Customer either to reship the items or to reimburse the Customer.
9.2 - Delivery by relay point
The Customer will be notified by the Carrier by email or sms when the parcel arrives at the selected relay point. It is the Customer's sole responsibility to provide a valid cell phone number and/or e-mail address.
After 10 days, if the Customer has not collected his parcel, the parcel will automatically be returned by the Carrier to Location-ebike.com / location.bike.
In the event that the Customer requests that the parcel be resent, the cost of resending the parcel will be borne by the Customer.
In the event of closure of the relay point at the time of Delivery, the Carrier reserves the right to select another open relay point, geographically closest to the one initially selected by the Customer, without this giving rise to any claim on the part of the Customer. The Customer will then be informed of the details of the new relay by e-mail or sms.
In the event that the Carrier is unable to select a new Relais, the parcel will automatically be returned to Location-ebike.com / location.bike. Upon receipt, Location-ebike.com / location.bike will do its utmost to return the parcel to the Customer as soon as possible. In the event that the quantity or nature of the products in the order would not allow shipment via the network of relay points, Location-ebike.com / location.bike reserves the right to ship the parcel by another carrier directly to the Customer's billing address without this giving rise to any claim on the part of the Customer.
9.3 - Delivery by carrier
Certain deliveries by Carrier may be subject to an appointment arranged between the Carrier and the Customer. In this case, if the Customer is unable to be present on the day of delivery, he/she must choose an authorized person who will accept the delivery and assume all responsibilities incumbent on the Customer.
If the Customer is absent, the Carrier will not be able to make the delivery. Depending on the Carrier's delivery conditions :
- either the parcel will be delivered directly to a collection point (notified on the parcel tracking system) where the Customer must collect it. Any parcel dropped off at a collection point cannot be re-delivered.
- or the Customer will be notified of the Carrier's visit and will have to contact the Carrier again to arrange a new delivery appointment.
Should the Customer fail to keep the appointment again, any costs associated with organizing a new delivery will also be borne by the Customer.
In the event that the Carrier suffers a significant delay beyond its control, Location-ebike.com / location.bike will make its best efforts to schedule a new delivery and the costs related to the organization of this new delivery will be borne by Location-ebike.com / location.bike.
In the event that the accessibility conditions of the delivery location chosen by the Customer do not allow the Carrier to deliver the Order via the main access to the dwelling, the delivery may not take place but the delivery charges remain payable by the Customer. Such conditions may, for example, be: roadworks, blocked street, street too narrow, unknown entrance code, inaccessible intercom system... (see Article 9.4).
No delivery will be made beyond the doorway of the house or building.
9.4 - Delivery times
Deliveries are made by various specialized carriers, depending on the nature of the Product ordered.
In order to track the progress of their Order, Customers receive an email when the Product is dispatched.
In application of article L121-20-3 of the French Consumer Code, Location-ebike.com / location.bike undertakes to deliver the Product to the Customer within 30 days maximum from the estimated delivery date indicated in your order confirmation email.
In the event of non-receipt of a parcel within the indicative time limit, the Customer may contact Customer Service who will contact the Carrier and determine the cause of the delay and communicate it to the Customer. If necessary, Location-ebike.com / location.bike will open an investigation into the delivery of the product with the Carrier concerned.
The Carrier itself determines the duration of the loss investigation. The investigation shall be opened within 24 working hours following the transmission by the Customer to Location-ebike.com / location.bike of the information concerning the non-receipt of his Order as well as the documents necessary for the opening of this investigation that Location-ebike.com / location.bike may request from the Customer. If the Product is found during the investigation period, it will be delivered to the Customer. If the Product is not found at the end of the investigation and only under this condition, Location-ebike.com / location.bike :
- send a replacement Product at its own expense if the Product is still available;
- refund the price of the Order lost by the Carrier or offer a credit on the next purchase if the Product(s) ordered are no longer available.
Once the Order has been dispatched, any delay in delivery which is the subject of an investigation and/or the loss of the Product shall not constitute grounds for cancellation of the Order if Location-ebike.com / location.bike dispatches a replacement Product within the aforementioned time limits.
9.5 - Special cases
For deliveries by carrier to islands in mainland France not connected to the mainland by a bridge (Corsica, Ile d'Yeu, Ile de Porquerolles, etc.), the estimated delivery time is systematically increased by 48 hours.
9.6 - Inspection of goods, damage and claims
According to article L133.3 of the French Commercial Code, "receipt of the goods extinguishes any action against the carrier for loss or partial damage if, within 3 days, not including public holidays, following receipt, the consignee has not notified the carrier, by extra-judicial act or by registered letter, of his reasoned protest".
In the event of damage sustained during transport or loss, the Customer must express his reservations, with as much justification as possible, on the carrier's delivery note, and failing this, within 3 days of receipt, by registered letter (LRAR) or by bailiff's deed. If the Carrier disputes the reservations made by the Customer on the delivery note, they must be reiterated by registered letter.
The Customer will simultaneously inform Location-ebike.com / location.bike (and the Carrier) of his reservations. Location-ebike.com / location.bike will proceed with the replacement of lost or damaged products after having dealt with the dispute with the Carrier, if the latter's responsibility is recognized, the Customer having to provide Location-ebike.com / location.bike with all documents and information in his possession for this purpose.
Upon delivery of the Product, the Customer must unpack the Product in the presence of the Carrier. The Customer must then check the conformity of the delivered Order in the presence of the Carrier before signing the Delivery Note.
In the event of any anomaly concerning the delivery, the Customer must indicate his reservations in the form of detailed handwritten observations, dated, explicit and accompanied by his signature on the delivery slip. These anomalies may be, for example
- Damaged product: scratches, dents, shocks, leaks, etc.
- Product not in conformity: in kind (reference error...) or quantity...
If the Product ordered is a fluid (e.g. oil or brake fluid), a dent or impact on the container is not considered an anomaly. Only a leak in the container mentioned on the delivery note could lead to the Product being qualified as a "damaged product".
The words "under reserve" or "subject to unpacking, testing, etc." on the delivery note have no legal value and cannot be used as evidence against the carrier for any subsequent claim.
In the event of any anomaly or non-conformity, the Customer must refuse the parcel and notify the Location-ebike.com / location.bike customer service department by telephone on 07 89 73 34 45 or by e-mail using the contact form on the www.location-ebike.com / location.bike website, within a maximum of 3 working days from the date of delivery.
In the event that it has not been possible to check the package and its contents on delivery, the Customer must send the Carrier a detailed complaint by registered letter with acknowledgement of receipt (LRAR) within 3 working days of receipt of the package. A copy should be sent to Location-ebike.com / location.bike by e-mail or via the contact form on the website www.location-ebike.com / location.bike or by post to : SASU OKO PLANET Avenue du val d'ardeche 07330 Thueyts, so that Location-ebike.com / location.bike can open a dispute with the Carrier. Without a copy of the Customer's complaint letter, Location-ebike.com / location.bike will not be able to take any action against the Carrier and thus defend the Customer's interest.
Any claim made outside this period may be rejected without recourse for the Customer.
The absence of any complaint and/or the absence of any reservations on the part of the Customer at the time of delivery, means(s) that the Product delivered is deemed to be satisfactory and may not be the subject of any subsequent dispute (excluding legal guarantees for non-conformity and/or hidden defect of the product).
9.7 - Delivery rates
Shipping rates are available on the Location-ebike.com / location.bike website. Under no circumstances may they be limited to the list price communicated via the Site, as this basic price is restrictive and limited (geographical area, package weight, delivery method, etc.)
Customer Service is available to communicate and explain prices to customers.
Art 10 Right of withdrawal
10.1 - Right of withdrawal
The Customer has the right to cancel an order by notifying Customer Services. In the event of cancellation of an order, the provisions of article L 121-20 of the French Consumer Code shall apply.
In accordance with the provisions of article L 121-20 of the French Consumer Code, the customer has a right of withdrawal. This legal 7-day cooling-off period only applies to products purchased online. The Customer has 7 calendar days from the date of receipt of the products to request a return number from the Location-ebike.com / location.bike customer service department by email or telephone.
Once the return number has been obtained, the customer has a further 10 calendar days to return the product. On receipt of the product, if its condition complies with the conditions set out in paragraph 10.2, the Customer will be entitled to an exchange or refund, as he/she chooses.
If the Customer returns the Product beyond the 10 calendar days following receipt of a return number and within the maximum limit of 30 calendar days following the date of receipt of the Products, only a credit note or an exchange may be granted, provided that the condition of the returned Products complies with the conditions set out in paragraph 10.2. After this 30-day period, the product(s) cannot be taken back.
Should the Customer exercise his/her right of return, and in accordance with the provisions of article L. 121-20 of the French Consumer Code, the cost of returning the Order shall be borne by the Customer.
If the return request is related to an error by Location-ebike.com / location.bike determined by the criteria set forth in this Article 10.2, the return number will be replaced by a return slip sent to the Customer's e-mail address by Location-ebike.com / location.bike or by a pick-up request made directly to the Carrier - the return costs will therefore be borne by Location-ebike.com / location.bike. In this case, the above-mentioned deadlines and conditions for the right of return remain unchanged.
10.2 - Product return procedure
To exercise his right of return, the Customer must first contact Customer Services within the time limits specified in this article 10, either by telephone on 07 89 73 34 45, or directly from his Customer space. The Customer will then receive an e-mail confirming the return.
If the return is due to a change of mind, the Customer must send all or part of the Order, at his or her own expense, to the following address: SASU OKO PLANET, Avenue du val d'ardeche 07330 thueyts.
When the Order to be returned has been delivered by the Carrier and the return is due to an error on the part of Location-ebike.com / location.bike (package preparation error, reversal of Order with that of another Customer, error in the choice of part shipped following an exchange, etc.), the Product will be returned at the expense of Location-ebike.com / location.bike. The carrier generally intervenes within 48 working hours of the request.
IMPORTANT: errors due to failure to take into account the vehicle's compatibility characteristics are not covered by this service. In case of doubt, customers can contact Customer Service on 07 89 73 34 45, who will advise them on their choice before validating their Order. In the event of an error in the parts ordered (regardless of the origin of the error), Location-ebike.com / location.bike shall not be held liable to a Customer or a third party for any indirect damage, operating loss, loss of profit or loss of sales arising in any way whatsoever, even if such damage, loss or loss was foreseeable by Location-ebike.com / location.bike, or if its possibility had been brought to its attention.
ATTENTION : when picking up merchandise in one of the SASU OKO PLANET stores, the Customer must return the merchandise by his own means to the warehouse where the pickup was made, even if it is an error emanating from Location-ebike.com / location.bike, the order having to be controlled at the time of pickup by the Customer.
Under no circumstances may the Customer request that Location-ebike.com / location.bike take back the product at his home address. To proceed with the return of the desired part(s), the Customer must return to Location-ebike.com / location.bike the complete part(s) MUST be accompanied by :
- a letter explaining the problem encountered, specifying the returns number provided by Customer Service,
- your full contact details and Order number for identification purposes,
- and a copy of the invoice.
All items must be returned in a TRANSPORT PACKAGE to the following address: SASU OKO PLANET, Avenue du val d'ardeche 07330 thueyts.
The Product must be returned to Location-ebike.com / location.bike in a condition suitable for resale, i.e. in compliance with the return conditions set out below:
- in its exact original condition, undamaged,
- in its original packaging, which must be intact,
- in its original sealed can or container in the case of a fluid,
- with all accessories attached,
- in perfect working order,
- free from all traces of assembly and use,
- with instructions.
Examples of what not to do:
- Tear the cardboard or packaging bag on receipt (in fact, the cardboard or bag must be carefully opened, using a cutter, for example, to cut off the adhesives that seal it),
- Put brown or colored tape on the packaging when returning it,
- Assemble the part without comparing it with the original,
- Stick the Post Office or carrier label on the original manufacturer's box,
- Return the part without packaging,
- Return a part that is not complete as originally packed.
The risks associated with returning the Product, whatever the cause, are the Customer's responsibility. The risks associated with poor packaging (breakage, loss of parts, leaks, etc.) are the Customer's responsibility.
If the Product is lost by the carrier during shipment, the Customer is solely responsible and will not be reimbursed by Location-ebike.com / location.bike (unless the Customer has taken out return insurance and the carrier has therefore been mandated by Location-ebike.com / location.bike).
If the right of return is exercised in compliance with the conditions stipulated herein, the Customer will be offered either a credit note or a refund of the purchase price.
If the Customer chooses a refund, Location-ebike.com / location.bike will make every effort to refund the Customer within 30 days from the date of receipt of the returned Product. If this period is exceeded for reasons beyond its control, Location-ebike.com / location.bike cannot be sued by the Customer.
Refunds will be made by the same means of payment as the initial order.
In the event that the initial method of payment does not allow reimbursement by the same method, or in the event of payment by credit card with a telephone advisor, reimbursement will be made by cheque, sent to the name and postal address that the Customer will have indicated in the "billing address" section when placing the order.
If the Customer is reimbursed by bank recreditation, the speed with which the credit appears on the Customer's bank account depends on the Customer's bank card type: in the case of an immediate debit card, the current account is credited within 8 to 15 days, depending on the bank; in the case of a deferred debit card, the credit appears at the end of the month on the credit card account and not on the current account. If the refund takes longer, the Customer must contact his bank himself.
If the returned Product does not reach Location-ebike.com / location.bike within the time limits and conditions set forth in this Article 10, Location-ebike.com / location.bike reserves the right to refuse the returned Products and not to proceed with the refund or issue a credit note to the Customer.
In this case, if the Customer wishes to use the Product again, he must make a request by e-mail, via his Customer account or by telephone to Location-ebike.com / location.bike who will then send the Product as soon as possible. Re-shipment costs will be charged to the Customer and are payable in advance by credit card.
Art 11 Product warranties
The Products sold by Location-ebike.com / location.bike are not guaranteed, as the guarantee does not apply to consumable products such as oils, maintenance products, etc
As Products such as oils are not perishable in the vast majority of cases, the production date of the Product indicated on the can may be several years prior to the Order date. Under no circumstances may this fact be invoked by the Customer to refuse the goods or to assert any right or compensation.
Art 12 In-store purchases
For all purchases made directly at the counter of the Location-ebike.com / location.bike store, the Customer selects the Product, checks its conformity and its suitability to his needs. Consequently, the sale and the Product are deemed to be in conformity. No claim will be possible after collection.
Art 13 Applicable law
13.1 - Jurisdiction
The general terms and conditions of sale of Location-ebike.com / location.bike shall be executed and interpreted in accordance with French law.
Any dispute arising from their validity, interpretation or execution shall be submitted to the Courts of the region in which the registered office of SASU OKO PLANET is located, to which exclusive jurisdiction is expressly granted. The consumer may choose, in addition to one of the courts having territorial jurisdiction under the Code of Civil Procedure, the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
Should any provision of these terms and conditions be deemed illegal or unenforceable by a court decision, the other provisions of these terms and conditions shall remain in force.
13.2 - Liability
The liability of Location-ebike.com / location.bike under the terms of the general terms and conditions of sale may not exceed a sum equal to the sums paid or payable at the time of the transaction giving rise to the said liability, whatever the cause or form of the action concerned.
Art 14 Data protection
By placing an Order, the Customer agrees that the Company may store, process and use the data collected from the Order in order to process the Order. Some of this information may be transferred to companies involved in delivering the Products. The Customer agrees to authorize the Company to send him/her commercial solicitations, including newsletters, by e-mail concerning the Products or Services. The Customer may also be addressed via any other commercial means, such as Facebook, in order to be kept informed of commercial news from Location-ebike.com / location.bike.
In order to improve the quality of service, calls made to Location-ebike.com / location.bike may be recorded.
Art 15 Protection of Personal Data
By ticking the box entitled "I accept the general terms and conditions of sale" when placing an order, the Consumer concerned gives his/her specific, free and informed consent to the use of his/her personal data by third parties
The Consumer may object to the distribution of this information to Avis Vérifiés at the following address: contact@location-ebike.com / location.bike
Location-ebike.com / location.bike respects the processing of its users' personal data in accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended by Act no. 2004-801 of August 6, 2004 on the protection of individuals with regard to the processing of personal data.
In accordance with this law, customers have the right to access, modify, rectify and delete any information concerning them. Customers may exercise this right directly by sending an e-mail using the form on the site.
The Company only collects nominative data via the order form and the form on the contact page. Not all fields on these forms are mandatory. The Company only asks the customer for information that is essential for quality processing and careful follow-up of the order (surname, first name, address, e-mail). Other information may be requested for the sole purpose of providing the customer with information better adapted to his/her needs (personalized advice, promotional offers, etc.). The Customer is free not to provide such information.
The data recorded by La Société constitutes proof of all transactions between La Société and its Customers.