I / GENERAL TERMS AND CONDITIONS OF SALE OKO PLANET
II / OKO PLANET BIKE HIRE CONTRACT
III / OKO PLANET VIA FERRATA EQUIPMENT HIRE CONTRACT
I / GENERAL TERMS AND CONDITIONS OF SALE
OKO PLANET
Art 1 Preamble
1.1 - The Websites
The Websites: location-ebike.com / location.bike /via-ferrata-ardeche.com /okoplanet.fr are operated by SASU OKO PLANET. Any order validated by a Customer (as this term is defined below) on the Sites named above implies prior acceptance of these general terms and conditions.
1.2 - Identification of the company
SASU OKO PLANET is a company under French law with a capital of (5000 Euros whose registered office is located Avenue du val d'Ardèche 07330 Thueyts.
The premises of SASU OKO PLANET are 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 general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Location-ebike.com / location.bike to the Customer.
These general terms and conditions of sale 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 unreservedly accepting all 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 by respecting 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 the "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.
The Customer can also contact Customer Service at this address 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 the contract - Entry into force of the 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 law of 13 March 2000 on electronic signatures and the law of 21 June 2004 on confidence in the digital economy, any Order validated by the Customer by "double-clicking" or by the Customer's agreement over the telephone constitutes irrevocable acceptance of these general 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 general terms and conditions.
2.2 - Duration of the contract
The general terms and conditions of sale are concluded for the duration necessary for the supply of the goods and services subscribed to, until the expiry 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 keep the Order confirmation e-mail or print it out. 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 the communications, Orders and payments made between the parties.
2.4 - Validity of the General Terms and Conditions of Sale
Location-ebike.com / location.bike reserves the right to modify its general terms and conditions of sale. It is the customer's responsibility to consult them regularly.
Products ordered on the Site Location-ebike.com / location.bike by Customers are governed by the terms and conditions of sale online at the date of the Order.
Art 3 Products
3.1 - Description and information on the Products
The Products offered by Location-ebike.com / location.bike comply with current French legislation and with the standards applicable in France. However, should a Product be withdrawn from sale for any reason by the Supplier, Location-ebike.com / location.bike shall withdraw the Product from sale as soon as possible. This action can in no way give the Customer the right to sue.
If the Product or its packaging is replaced by the Supplier only to make room for an equivalent new generation Product, Location-ebike.com / location.bike may sell 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 cannot in any 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...).
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) are given for information purposes only and cannot provide any information whatsoever about the container(s).
In the event of a description error (photographs, text, graphics, information or characteristics) on a Product, Location-ebike.com / location.bike cannot be held responsible. 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 an error in the description of 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 offer a replacement product at the same price and with the same 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 catalogue.
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 from the date Location-ebike.com / location.bike informs the Customer of the unavailability of the product, in priority by the same means of payment used for the order or, if impossible, by cheque sent to the address indicated by the Customer in the billing address.
In case of unavailability of the ordered products, Location-ebike.com / location.bike cannot be held responsible, towards a Customer or a third party, for any indirect damage, any loss of profit or turnover or any loss of data occurring in any way whatsoever.
3.3 - Exceptions
Some of the Products sold on the Location-ebike.com / location.bike Site are stocked by its Suppliers. The availability period corresponds to the delivery 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 delivery time for collection from a Warehouse corresponds to the availability time plus the usual order preparation time. These deadlines 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, excluding shipping costs, warranty costs and ancillary services, 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 (for example on the home page) or in the newsletter, the price indicated in the shopping basket shall prevail.
4.2 - Fluctuations
It is possible that the price of a given Product may fluctuate after it has been put online on the Site. This fluctuation may be one-off, as it is part of a promotional operation whose duration is limited in time, 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.
These fluctuations will in no case give the Customer the right to return the Product outside of the conditions and deadlines for returns set forth in Article 10 below. Location-ebike.com / location.bike cannot be held responsible 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 them of the error made by its services and will remind them that the Order will be invoiced according to the corrected conditions. However, if the Customer does not accept the corrected conditions, the Customer is 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 Web Site may order on the Location-ebike.com / location.bike Web Site. When 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. When paying by card, the Customer warrants that he/she is fully authorised 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 shall 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, invoicing address, telephone number, etc.). In the case of an Order placed by telephone with the Location-ebike.com / location.bike telephone sales department, the Customer must also verify the information entered by the telephone sales representative (first and last name, delivery and billing addresses, Product ordered, etc.).
This information is included in the Order confirmation e-mail. If, after validating an 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 Services 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 shall not be held liable for any typing errors made by the Customer or for the consequences thereof in terms of late or erroneous delivery. Thus, if the delivery cannot take place because of a data entry error by the Customer, the costs of re-shipment will be charged to the Customer. In this case, the Customer will refrain from making any claims 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 summarise some 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 subject 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 package.
5.5 - Failure to execute the Order
Location-ebike.com / location.bike shall not be held liable for non-performance of the contract in the event of force majeure, disruption or total or partial strike, notably of postal services and means of transport, communications (computer network breakdown, etc.), flood, fire, etc. Location-ebike.com / location.bike shall not be held liable, towards a Customer or a third party, for any indirect damage, loss of profit or turnover or loss of data occurring in any way whatsoever, even if this 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
The validation of the payment by Location-ebike.com / location.bike Services allows the shipment of the packages either to the Customer's home, to the address chosen by the Customer, or to one of the relay points.
6.2 - Terms and conditions
In order to limit the risks of fraud and to protect the interests of its Customers, Location-ebike.com / location.bike is sometimes required to carry out checks on the validity of payments made. In the event of a control, the Customer is notified by e-mail of the supporting documents to be sent (by e-mail or by mail) 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 the 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 Web 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 card
- By credit card: Carte Bleue, e-carte bleue, Visa or Mastercard. The Customer's account will be debited when the Order is validated. In the event of Products being out of stock or unavailable, the Customer will be contacted by e-mail or telephone at the addresses and numbers previously entered in their Customer account.
a/ In the event of online payment by Card, the Customer must provide the type of Payment Card, the Payment 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 authorised to use the said Card and that the Card gives access to sufficient funds to cover all costs arising from his/her 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. Furthermore, Location-ebike.com / location.bike will ask the Customer for the following proofs of identity:
- If the Order has been placed in the name of a private individual: valid identity papers 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 from the company's Kbis that is less than 3 months old and two valid pieces of ID for the company manager.
The card will be debited as soon as the purchase has been confirmed (except for deferred debit cards, which will be debited according to the Customer's banking terms and conditions).
B/ Payment by bank 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 the 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 his/her cheque a Kbis extract from the company that is less than 3 months old and two valid pieces of identification for the company manager.
It is imperative that the Customer indicates in the subject line of the transfer his/her name and the order number communicated when validating his/her basket.
F/ Payment using a promotion and/or discount code
This promotional code or discount voucher can be used on all or part of the Location-ebike.com / location.bike catalogue. It is valid for a maximum of 365 days. It is non-refundable, non-cumulative, indivisible, does not apply to delivery charges, and can only be used on an order for an amount, excluding delivery charges, greater than or equal to its value.
7.2 - Access to the invoice
The invoice is automatically sent by email to the Customer as soon as the order is dispatched.
It is also accessible 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 the 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. 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 paid in full for 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 placed by a Customer whose cheque has not been fully validated by the bank or whose credit card is suspect or suspected of being fraudulent.
Art 8 Collection
Location-ebike.com / location.bike allows its Customers to collect their orders solely via the www.Location-ebike.com / location.bike website.
8.1 - Confirmation of collection
The Customer will be notified by e-mail when their order has been made available for collection. Collection of the order is only possible if the entire order is in stock at the shop. If the Product is in stock at the Supplier, the Customer must wait until the Product is in stock in order to proceed with the 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 must therefore place a new order in order to have the parts available again.
Any collection from the Warehouse without prior receipt of an e-mail informing the Customer that the order has been made available will entail the risk of a long waiting period for the Customer and the unavailability of the Products ordered.
8.2 - Documents required for collection
When collecting their Order, Customers 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 drawn up in the name of a company: a Kbis extract from the company that is less than 3 months old and the identity card of the company manager;
c/ If the person collecting the Order is not the Customer (whose name and address appear on the invoice), that person must present the aforementioned documents together with their own identity card and a letter of proxy drawn up and signed by the Customer (in the case of an 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 shall constitute irrevocable acceptance. Collection of the Product automatically entails the transfer of risk to the Customer, which means that the handling, loading and transport of the Product is the Customer's sole responsibility.
Art 9 Delivery
9.1 - Delivery procedure
Unless otherwise stipulated in these General Terms and Conditions of Sale, delivery costs 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 verify the accuracy of the information provided when placing 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 deliver the Product 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 inclusive of tax and must be paid prior to reshipment 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 the refund, Location-ebike.com / location.bike will do its best 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 credit note will be for the amount of the order, minus the outbound shipping costs and €9.99 including VAT for return shipping costs.
If a parcel is lost by the carrier, an enquiry will be opened with their service. This will take no longer than 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 upon arrival of the parcel at the relay point selected by the Customer. It is the Customer's sole responsibility to provide a valid mobile phone number and/or e-mail address.
After 10 days, if the Customer has not collected his/her 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 costs of resending the parcel will be borne by the Customer.
In the event that the relay point is closed at the time of Delivery, the Carrier reserves the right to select another open relay point that is 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 notified of the details of the new relay by e-mail or text message.
In the event that the Carrier cannot select a new Relay, the parcel will automatically be returned to Location-ebike.com / location.bike. Upon receipt, Location-ebike.com / location.bike will do its utmost to reship the parcel to the Customer as soon as possible. In the event that the quantity or nature of the products in the order does 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
Some deliveries by Carrier may be subject to an appointment being arranged between the Carrier and the Customer. In this case, if the Customer cannot be present on the day of delivery, they must choose an authorised person who will take delivery and assume all the 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 dropped off directly at 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 must contact the Carrier again to organise a new delivery appointment.
In the event that the Customer again fails to keep the appointment, any costs associated with organising 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 organisation 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 costs shall remain payable by the Customer. These conditions may, for example, be: roadworks, blocked street, street too narrow, unknown entrance code, inaccessible intercom, etc. (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 specialised Carriers depending on the nature of the Product that is the subject of the Order.
In order to monitor the progress of the delivery of their Order, Customers will receive an email when the Product is dispatched.
Pursuant to Article L121-20-3 of the French Consumer Code, Location-ebike.com / location.bike undertakes to deliver the Product to the Customer within a maximum of 30 days from the estimated delivery date indicated in your order confirmation e-mail.
In case of non-receipt of a parcel within the indicative delay, 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 regarding 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 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, a 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 of Products by Carrier to islands in Metropolitan 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
In accordance with 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 or, 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 shall 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 liability is recognised, the Customer having to provide Location-ebike.com / location.bike with all documents and information in its 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 Order delivered 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/her reservations in the form of detailed handwritten observations, dated, explicit and accompanied by his/her signature on the delivery slip. These anomalies may be, for example
- Damaged product: scratches, dents, shocks, leaks, etc.
- Product not in conformity: in kind (incorrect reference number, etc.) or quantity, etc.
If the Product ordered is a fluid (e.g. oil or brake fluid), a dent or impact on the container will not be considered a fault. 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 may not be used as evidence against the carrier for any subsequent claim.
In the event of a discrepancy 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 is not possible to check the package and its contents upon delivery, the Customer must send the Carrier a detailed complaint by registered letter with acknowledgement of receipt (LRAR) within 3 working days following receipt of the package. A copy must 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 any possibility of recourse for the Customer.
The absence of any complaint and/or the failure of the Customer to express any reservations 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 defects in the product).
9.7 - Delivery rates
Delivery rates or shipping costs are accessible from the Location-ebike.com / location.bike Website. Under no circumstances may they be limited to the call-out price communicated via the Site, as this basic price is restrictive and limited (geographical area, weight of the parcel, 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 the order by notifying Customer Services. In the event of an order cancellation, 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 withdrawal period of 7 days only applies to products purchased online. Therefore, 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 an additional 10 calendar days to return the product. Upon receipt of the Product, if the condition of the Product complies with the conditions set forth in paragraph 10.2, the Customer will be entitled to an exchange or reimbursement, as the Customer chooses.
If the Customer returns the Product more than 10 calendar days after obtaining a returns number and within a 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) may not be taken back.
In the event that the Customer exercises 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 voucher sent to the Customer's e-mail address by Location-ebike.com / location.bike or by a collection request made directly to the Carrier - the return costs will therefore be borne by Location-ebike.com / location.bike. In this case, the aforementioned deadlines and conditions for the right of return remain identical.
10.2 - Product return procedure
In order to exercise the right to return a Product, the Customer must first contact Customer Service within the deadlines set out 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 email 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/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 a carrier and the return is due to an error on the part of Location-ebike.com / location.bike (package preparation error, reversal of an 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 after the request.
IMPORTANT: errors linked to failure to take into account the compatibility characteristics of the vehicle are not covered by this service. In the event of any doubt, the Customer may contact Customer Services 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 liable to a Customer or a third party for any indirect damage, operating loss, loss of profit or loss of turnover, even if such damage, loss or prejudice was foreseeable by Location-ebike.com / location.bike, or if the possibility of such damage, loss or prejudice had been brought to its attention.
ATTENTION : when picking up merchandise in one of the SASU OKO PLANET shops, the Customer must return the merchandise by his own means to the warehouse where the pick-up 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 the pick-up by the Customer.
Under no circumstances may the Customer request that Location-ebike.com / location.bike take back the product at his residence. 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 Services,
- 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 the original sealed can or container if it is a fluid,
- with all accessories attached,
- in perfect working order,
- with no traces of assembly or use,
- with its instructions.
Examples of what not to do:
- Tear open the cardboard or packaging bag on receipt (in fact, the cardboard or bag must be opened carefully, using a cutter, for example, to cut off the adhesives that seal it),
- Put brown or coloured tape on the packaging when returning it,
- Assemble the part without comparing it with the original,
- Stick the Post Office or carrier's label on the manufacturer's original box,
- Return the part without packaging,
- Returning a part that is not complete as it was originally.
The risks associated with returning the Product, whatever the cause, are the Customer's responsibility. The risks associated with poor packaging (breakage, loss of components, 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 benefited from return insurance and that, consequently, the carrier was mandated by Location-ebike.com / location.bike).
If the Customer exercises the right of return 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 the 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 delay is exceeded for reasons beyond its control, Location-ebike.com / location.bike cannot be sued by the Customer.
Reimbursement 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 for a refund by the same method or in the event of payment by credit card with a telephone agent, the refund 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 credit, the speed with which the credit appears on the Customer's bank account depends on the type of bank card used by the Customer: 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 their bank themselves.
If the returned Product does not reach Location-ebike.com / location.bike within the deadlines 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 are at the Customer's expense 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 any purchase made directly at the counter of the Location-ebike.com / location.bike shop, the Customer selects the Product, checks its conformity and its suitability to his needs. Consequently, the sale and the Product are deemed to be compliant. 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 that may arise in connection with their validity, interpretation or execution will be submitted to the Courts of the region on which depends the registered office of SASU OKO PLANET, which is expressly granted exclusive jurisdiction. The consumer can choose (except professionals) in addition to one of the jurisdictions territorially competent under the Code of Civil Procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
In the event that one of the provisions of the general terms and conditions is deemed illegal or unenforceable by a court decision, the other provisions of the said terms and conditions will 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 cannot exceed a sum equal to the sums paid or payable during the transaction at the origin of the said liability, whatever the cause or form of the action concerned.
Art 14 Information Technology and Civil Liberties
By placing their Order, Customers agree that the Company may store, process and use the data collected from their Order in order to process their Order. Some of this information may be transferred to companies involved in delivering the Products. The Customer agrees that he/she authorises 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 expresses his/her specific, free and informed consent by which he/she accepts that personal data concerning him/her may be used by third parties
The Consumer has the option of objecting 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 law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, as amended by law no. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.
In accordance with this law, the Customer has the right to access, modify, rectify and delete any information concerning him or her. The Customer may exercise this right directly by sending an e-mail using the form on the site.
The Company only collects personal data via the order form and the form on the contact page. The fields contained in these forms are not all 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). Any other information that may be requested is only intended to provide the Customer with information that is better adapted to their needs (personalised advice, promotional offers, etc.). The Customer is free not to provide this information.
The data recorded by the Company constitutes proof of all transactions between the Company and its Clients.
II / OKO PLANET BICYCLE RENTAL AGREEMENT
THE FOLLOWING HAS BEEN PREVIOUSLY SET OUT
Introductory Article - Purpose
The company OKO PLANET (hereinafter referred to as "the Lessor") has a fleet of bicycles available 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, regardless of their number, as "the Bicycle").
This rental, which is not subject to any special regime, is governed solely by the provisions of the Civil Code on rental.
Article 1 – Booking terms and conditions
All bicycle rentals are subject to the conclusion of a rental agreement that includes general terms and conditions and special terms and conditions, all of which form an indivisible whole.
The reservation only becomes final upon signature of the contract by both parties and receipt of the deposit, the amount of which is specified in the special conditions.
The name of the Renter indicated on the rental agreement is that of the main renter, who must be present when the agreement is signed and to whom the rental costs will be billed.
In the event of the rental of several bicycles, the Renter shall be solely responsible for ensuring that all users of the Bicycles to whom he entrusts them comply with all the obligations related to this contract.
Article 2 – Conditions relating to the Renter and essential documents
The Renter declares that they are fit to ride a bicycle and that they are not aware of any medical contraindications. They are responsible for checking the physical fitness of the persons to whom they entrust bicycles under this contract, which is their sole responsibility.
The Lessor cannot be held liable for any damage caused by the Lessee's unfitness.
Upon delivery of the Bicycle to the Lessee, the Lessor transfers legal and physical custody of the Bicycle for the duration of the contract and until the Bicycle is effectively returned. The Lessee is responsible, as custodian of the Bicycle, for any damage caused to or suffered by the Bicycle, in all circumstances and regardless of the cause of the damage, even in the event of unforeseeable circumstances 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 Lessee or any persons authorised by the Lessee.
Article 3 – Deposit and payment for the hire
At the time of booking, the Lessee shall be liable for a deposit, the total amount of which is set out in the special conditions. The balance of the rental fee shall be paid at the time of 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 bills, the Lessee expressly accepts the forfeiture of the term for invoices not yet due and the automatic termination of the contract, as well as the immediate return of the Bicycle(s) currently being rented.
In the event of late payment (invoice due date), the Renter shall be liable for a late payment penalty on the amount due, calculated at the legal interest rate in force plus EIGHT (8) percentage points.
Article 4 - Modification of the reservation
Once the Rental Agreement has been signed, the dates and conditions of the rental may not be modified without the prior express written consent of the Lessor.
If the Lessee does not take possession of their Bicycle within FOUR (4) hours of the date and time of reservation mentioned in their reservation, the Rental shall be deemed to have been cancelled by the Lessee, who shall then be required to pay the full amount of the reservation.
In the event that the Lessor is unable to rent the Bicycle to the Lessee on the scheduled rental date, the Lessor undertakes to refund in full the sums received as a deposit from the Lessee. The Lessee shall not be entitled to any other compensation.
Article 5 – Security deposit
In order to take possession of the Bicycle, the Lessee shall pay the Lessor a security deposit, the amount of which is set out in the Special Terms and Conditions of the rental. This deposit is intended to guarantee the Lessor payment of the rental, plus any financial liability that the Lessee may be liable for in the event of damage or deterioration to the Bicycle or its equipment, or in the event of theft.
It will be used to restore the Bicycle to the condition it was in when it was taken into possession.
Article 6 - Provision of the Bicycle
The Lessor undertakes to deliver the reserved Bicycle(s) to the Lessee at the address agreed at the time of booking, on the day and at the time indicated, in apparent good working order and equipped with a repair kit.
All rented Bicycles are equipped with a repair kit including a puncture repair spray.
The Bicycles, 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 fitted in accordance with the safety standards in force on the day of rental.
The Hiree is required to check that all of this equipment is present when the bicycle is delivered and the contract is signed.
In the event of failure to return any of this equipment, the Lessor shall charge the Lessee a fixed penalty of €50 including VAT in the event of incomplete return.
By signing the rental contract, the Renter accepts the bicycle in its current condition and considers it to be in good working order. The Renter undertakes to return it in the same condition.
In the event of technical faults or hidden defects, the Lessee is required to notify the Lessor within FIFTEEN (15) minutes of departure. Failing this, the bicycle will be deemed to have been delivered 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 of return stipulated in the rental agreement.
The Hiree's attention is drawn to the fact that the Hire Company schedules its bicycle delivery and return rounds and is committed to specific times for its customers. It is therefore an essential condition of this hire that the Hiree returns the bicycle in strict accordance with the terms and conditions set out herein.
Thus, if the Lessee is not present at the agreed meeting place at the time stipulated in this contract, the Lessor reserves the right to charge the Lessee a penalty of £50 per day of delay for failure to return the bicycle.
If the Lessee is more than FIVE (5) minutes late for the agreed return time, the Lessor shall attempt to contact the Lessee and shall continue with their rounds. It shall then be the Lessee's responsibility to contact the Lessor to arrange a new meeting time.
The Bicycle must be returned in the same condition as when it was taken into possession by the Lessee. If this is not the case, the Lessor reserves the right to charge return and repair costs. All damage will result in the cost of repairs being deducted from the security deposit. If the latter is insufficient, the Lessor will charge the surplus to the Lessee, who must pay the invoice upon receipt.
Repairs and any loss of the bicycle will be charged to the Lessee upon presentation of a repair or purchase invoice.
Article 8 – Use of the bicycle
The Lessee undertakes to use the equipment with care and within the limits of their abilities, to comply with the usual and applicable instructions for use and safety, and to use the rented bicycle only under normal conditions.
They undertake to return the bicycle in its original condition on the date, at the place and at the time agreed in the special conditions.
The Hiree declares that they will comply with the Highway Code and undertake to observe it strictly.
If the Lessee contravenes the laws and regulations in force during the rental period, the Lessor shall in no way be held liable.
The Hiree undertakes to do everything possible to prevent theft or damage to the hired bicycle.
To this end, regardless of how long the bicycle is parked, they undertake to secure it to a fixed point using the lock provided.
The Lessee undertakes:
- to use the Bicycle reasonably, under normal conditions of use;
- to ride only on roads suitable for cycling;
- to use the Bicycle in accordance with the provisions of the Highway Code
- not to use the bicycle while 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 Hiree is informed of the battery's range upon departure. The Lessor is not responsible if the battery runs out.
Article 9 – Accidents and Theft
In the event of a technical failure of the Bicycle during the term of the contract, the Renter may not undertake any repair work on their own initiative. They are required to inform the Lessor, who will then provide them with all necessary instructions. Only punctures may be "repaired" directly by the Renter 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 Hiree, for the remaining period of the contract.
The Lessee may not claim reimbursement of costs or invoices, nor damages.
In the event of damage to the bicycle, even if it does not require immediate repair, the Hiree must inform the Lessor without delay as soon as they become aware of it.
In the event of an accident, the Hiree must immediately report it to the Lessor. An accident report, whether or not the Hiree is responsible, must be provided to the Lessor, except in cases of force majeure, as soon as possible and in any event before the end of the hire contract.
The Lessee is required to take reasonable steps to complete the accident report in a legible and usable manner and signed by both Parties. If this is not possible, the Lessee must provide the Lessor 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 submit a report within the above-mentioned time limits, such as in the event of refusal by the insurance companies to cover the damage caused to the bicycle, the Lessee shall be liable for all damage attributable to him/her, in particular that suffered by the Bicycle, up to its market value plus the costs and expenses associated with its immobilisation.
In the event of theft, the Lessee must provide the Lessor with proof, within a maximum of 24 hours after the theft, that a complaint has been filed within 24 hours at a police station or gendarmerie.
If the stolen bicycle is subsequently returned to the Lessor, the Hiree who has complied with the above procedure will be reimbursed the amount of the deposit collected, less any costs incurred in repairing the Bicycle.
9.1
Liability – Damage to rented property – Theft
The Lessee is personally liable for any damage caused by them during the use of the EAB and Accessories. The Lessor cannot be held liable for damage suffered or caused by the EAB and Accessories, unless it is proven that such damage is due to an internal defect or a lack of maintenance of the EAB and Accessories.
The Lessee declares that they have personal civil liability insurance covering any liability incurred during the use of the rented Goods by themselves, persons in their care or their employees.
The hirer is therefore not covered for damage to the rented item and is personally liable for such damage, breakage, loss and theft.
In the event of breakage: the lessee undertakes to return the damaged equipment, which must be recognisable and complete. Damage to the equipment will be invoiced to the lessee according to the current rates appended to this contract.
In the event of theft or loss of the equipment, theft and loss of the equipment are not covered.
Consequently, the equipment will be invoiced to the hirer on the basis of its replacement value, less depreciation (1% per month after the 24th month). The deposit will be used to cover part or all of the loss.
An invoice will be provided to the hirer so that they can present it to their personal insurer if necessary.
Article 10 – Insurance and Assistance
The Renter and any person to whom they allow to use the Bicycle must be covered by civil liability insurance. They release the Lessor 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 for the entire duration of the rental.
Article 11 – Unforeseeable circumstances
In the event of a change in circumstances that were unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that did not agree to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.
However, if the change in circumstances that was unforeseeable at the time of conclusion of the contract was definitive or lasted for more than THIRTY (30) days, the present contract shall be terminated in accordance with the terms set out in the article entitled "Termination due to unforeseeable circumstances".
Article 12 - Exception of non-performance
It is hereby reiterated that, pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its obligation and if such failure is sufficiently serious, i.e. likely to jeopardise the continuation of the contract or fundamentally upset its economic balance.
The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it for this purpose by the Party affected by the default, indicating the intention to apply the exception of non-performance until the defaulting Party has remedied the default, sent by registered letter with acknowledgement of receipt or by any other durable written medium providing proof of dispatch.
However, if the impediment is permanent or persists for more than one month from the date of notification of the impediment, these terms and conditions shall be terminated in accordance with the terms set out in the article entitled "Termination for breach of obligations by a party".
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, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code. The Party observing the event must immediately inform the other Party of its inability to perform its service and justify this to the other Party. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it give rise to the payment of damages or late penalties.
The performance of the obligation shall be suspended for the duration of the force majeure event if it is temporary and does not exceed a period of TWENTY-FOUR (24) hours. Consequently, as soon as the cause of the suspension of their reciprocal obligations has disappeared, the Parties shall make every effort to resume the normal performance of their contractual obligations as soon as possible. To this end, the impeded Party shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt. If the impediment is permanent or exceeds a period of TWENTY-FOUR (24) hours, the present agreement shall be terminated in accordance with the terms set out in the article entitled "Termination due to force majeure".
Article 14 - Termination of the contract
14.1 Termination due to unforeseen circumstances
Termination due to the impossibility of performing an obligation that has become excessively onerous may, notwithstanding the clause Termination for breach of obligations by one of the parties set out below, only take place FIFTEEN (15) days after the sending of a formal notice declaring the intention to apply this clause, notified by registered letter with acknowledgement of receipt or any extrajudicial document.
14.2 Termination due to force majeure
Termination by operation of law due to force majeure may not, notwithstanding the clause on termination for breach of obligations by one of the parties set out below, take place until TWENTY-FOUR (24) hours after the sending of a formal notice by email with acknowledgement of receipt or any extrajudicial document.
However, this formal notice must mention the intention to apply this clause.
14.3 Termination for breach of obligations by one of the parties
In the event of failure by either party to fulfil one of its obligations, in particular non-payment of the booking price by the due date, failure to return the Bicycle on the agreed 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 affected by the breach may then notify the Defaulting Party by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt of the termination of this contract, TWENTY-FOUR (24) hours after sending a formal notice to comply which has remained unsuccessful. The same shall apply in the event of a sufficiently serious breach by one of the parties of its obligations under the provisions of Article 1224 of the Civil Code.
14.4 Provisions common to cases of termination
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement shall be validly given notice by the mere fact that the obligation is due, in accordance with the provisions of Article 1344 of the Civil Code.
In any event, the aggrieved Party may seek damages in court.
Upon termination of the contract, the Hiree shall return the Bicycle or allow it to be collected without delay. The total amount of the hire charge shall be retained by the Lessor as initial compensation.
In the event that the Renter refuses to return the Bicycle, an order issued by the President of the competent local court upon simple request or by way of summary proceedings shall be sufficient to compel them to do so.
In addition, all costs incurred by the Lessor as a result of the termination of the contract shall be borne exclusively by the Lessee.
If, after termination, the Lessee continues to use the Bicycle for a certain period of time, the Lessor shall be entitled to charge a daily immobilisation fee equal to the daily rental rate.
Article 15 – Transfer – subletting
The Lessee may not sublet, lend, make available free of charge or for a fee, give as security or assign in any way or in any form whatsoever, all or part of the Bicycle or its rights and obligations inherent in this agreement without the prior express written consent of the Lessor.
Any breach of this clause shall result in the automatic termination of this contract, with the Renter bearing sole responsibility under the conditions set out in Article 18-2 herein.
Article 16 - Processing of personal data
In accordance with Law No. 78-17 of 6 January 1978 on files, data processing and freedoms, as well as the GDPR, the Lessee is informed and expressly agrees that the Lessor may hold a file containing personal data collected when the rental agreement was signed.
This data is processed to enable the Lessor to manage the rental and related operations, in particular invoicing, and to send the Lessee commercial information, where applicable. It is intended, in whole or in part, for the Lessor and its partners.
In addition, the Lessor has installed a system in some of its Bicycles that allows them to be located in real time in order to facilitate the management of theft and loss of Bicycles. By signing the rental agreement, the Lessee authorises the Lessor to collect, via the on-board geolocation system, and to use for the purposes described above, data enabling the geographical location of the Bicycle to be determined.
Only the Lessor's services will have access to this data, as well as any person with a right of access under the law. This data will be kept for the duration of the contract and, where applicable, the investigation.
In accordance with applicable regulations, the Lessee has the right to access, rectify, erase and transfer data concerning him/her, as well as the right to object to the processing of such data on legitimate grounds, which he/she may exercise by contacting the data controller at the Lessor's postal address: avenue du Val d'Ardèche - 07330 THUEYTS, France, enclosing proof of identity with their request.
In the event of a complaint, the Tenant may submit a complaint to the French Data Protection Authority (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. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
APPENDICES:
List of damaged parts in € including VAT
Repair and replacement of parts:
Labour cost €65 (i.e. 1 hour) for technical interventions on complex products
Labour cost €35 (i.e. 1/2 hour) for technical interventions on non-complex products
Washing: €5
Battery: €800
Fork: £200
Crankset: €100
Front wheel: €180
Rear wheel: £220
Shifter/gear: €60
Handlebars: £45
Derailleur: £100
Electrical wiring: €70
Front/rear hydraulic brakes: €200
Tyres: €65
Brake disc: €55
Saddle: €30
Chain: €45
Handlebar grip: €20
Brake lever: £75
Mudguard: €30
Chain guard: £18
Front light: £65
Rear light: £65
Pedal: €55
Stand: €35
Bosch display: Purion €100 / Intuvia €160
Accessories to be replaced in case of damage:
Child seat: £90
Bosch display: €160
Yamaha display: £150
Basket: £38
Lock: £20
Anti-theft device: €25
Bell: €5
Helmet: €50
High-visibility vest: €12
Puncture repair kit: €7
GPS: £150
Frame lock: €49.90
Bicycle key replacement in case of loss: €50
III / OKO PLANET VIA FERRATA EQUIPMENT HIRE CONTRACT
General conditions for the hire of via ferrata equipment
GENERAL CONDITIONS FOR THE HIRE OF VIA FERRATA EQUIPMENT
CONDITIONS OF PARTICIPATION :
- Our activities are open to everyone, but depending on the activity and route, certain conditions must be taken into account: age limit, technical or physical level. - - You must not have any medical contraindications to the chosen activity.
- Please note If you do not have any medical contraindications, but you are dependent on special medical care or treatment, or your state of health requires special attention, you must inform the hire company before the start of the activity.
ARTICLE 1 - PURPOSE OF THE CONTRACT
The hire of via-ferrata equipment, with basic equipment supplied by the Thueyts town council, hired by oko planet, referred to as "the lessor", its accessories and its basic equipment hired under the terms hereof, taken alone or collectively, are referred to as "the hired goods".
ARTICLE 2 - BASIC EQUIPMENT OF THE VIA FERRATA EQUIPMENT
Each item of equipment hired is equipped with : 1 helmet, 1 harness, 2 lanyards with shock absorbers and 1 pulley.
ARTICLE 3 - HIRER'S OBLIGATIONS
The rental contract is concluded with the hirer in person. It is therefore neither transferable nor assignable. The client, referred to as the "hirer", must be a natural person over the age of 18 who acknowledges that he/she is fit for climbing (via ferrata) and has no medical contraindications. Users must be at least 1.40m tall and weigh at least 40kg. All minors must be accompanied by a responsible adult. In the case of minors, the legal guardian undertakes under the terms of these conditions to accept responsibility for any damage caused directly or indirectly by the minor as a result of the hire. As the via ferrata equipment is the responsibility of the hirer, it is recommended that, prior to actually using the via ferrata equipment, the hirer carry out a basic check of its main visible functional elements. The hirer acknowledges that the equipment hired is in perfect condition and undertakes to use it with care. In the event of technical failure during the hire period, the hirer may not claim any damages from the hire company. If repairs are required, the hirer must report to the hire point. The via ferrata equipment will be exchanged. The hire company reserves the right either to deduct the sums due from the security deposit, or to invoice the customer at the rate displayed at the hire point in the event of deliberate damage to the equipment.
ARTICLE 4 - CONDITIONS OF USE
The hirer undertakes to use the rented equipment himself/herself. It is strictly forbidden to lend or sublet the rented equipment. The hirer shall be held personally liable for any offence as well as for any personal injury or damage to property caused by the use of the rented equipment in his/her care. - The hirer must wear a helmet. - The hirer undertakes not to use the via ferrata equipment beyond its capacity. On departure, the hirer will be informed of the use of the equipment and the safety rules for climbing. The hire company is not responsible for any failure to comply with the safety rules. For any other reason, the hirer must contact the hire company immediately.
ARTICLE 5 - OWNERSHIP
The rented goods remain the exclusive property of oko planet for the duration of the rental. The hire transfers legal custody of the equipment and engages the hirer's "civil liability" insurance in the event of theft and for all damage that he/she may cause during the use and possession of the equipment, until the equipment is returned to the hire point.
ARTICLE 6 - COMMENCEMENT, AVAILABILITY AND RETURN
The rental takes effect at the time when the hirer takes possession of the rented goods delivered to him. This contract is only valid for the duration of the hire period. If the hirer keeps the via ferrata equipment beyond this period without having regularised his situation, he loses the benefit of the guarantees provided for in the contract. The hirer acknowledges having received the rented equipment in good working order with the basic equipment. He/she declares that he/she has personally had every opportunity to check the condition of the rented goods. He undertakes to return them in the condition in which he hired them, without taking normal wear and tear into account.
ARTICLE 7 - LIABILITY
The lessee releases oko planet from any liability arising from the use of the rented goods, particularly with regard to the physical, material and immaterial consequences of accidents of any kind. The hirer declares that he/she is the holder of personal civil liability insurance that guarantees the liability incurred during the use of the rented property both by himself/herself and the persons in his/her care. The hirer is personally liable for any damage, breakage or theft to the rented property. Damage, theft or loss of the rented property will be invoiced to the hirer in accordance with the attached price list.
ARTICLE 8 - SECURITY DEPOSIT
When the rented goods are made available, the hirer will pay a deposit (bank card without immediate debit or cash) of 400€ on the via ferrata equipment rented. When the hirer returns the hired equipment, the said deposit will be returned or cancelled. The hirer authorises the hire company to deduct from the deposit the sums due for repairing damage and theft, the costs of which are set out below. It is agreed that the amount of the security deposit shall under no circumstances constitute a guarantee limit, with the lessor retaining the right, where applicable, to take legal action against the lessee to obtain full compensation for any loss suffered.
ARTICLE 9 - ASSISTANCE
The hirer hires the via ferrata equipment in perfect working order. The hirer must ensure that the equipment is returned or repatriated to the rental point.
ARTICLE 10 - THE RESERVATION
Once the reservation has been made, oko planet undertakes to hire the equipment reserved to the Client in accordance with the terms and conditions set out in the reservation and these GTC and GGL, whilst the Client undertakes to collect the equipment reserved in accordance with the same terms and conditions. If the Customer wishes to reserve an additional item, they must make another reservation on the website for the additional item they wish to reserve. The Customer has a statutory right of withdrawal of 2 days from receipt by the Customer of the e-mail confirming that the Reservation has been taken into account. However, this right of withdrawal may no longer be exercised if the Client has collected the equipment reserved before the expiry of the period of seven clear days. The Customer will contact oko planet directly, who will process the Customer's cancellation request. The deposit will then be reimbursed within 30 days. It is understood that the reimbursement of the deposit is only possible if the cancellation is made at least 2 days before the first scheduled rental day. For any cancellation request made before the reserved equipment has been collected and outside the legal withdrawal period, the full amount of the deposit will be retained by oko planet for the rental. The deposit will nevertheless be reimbursed if the cancellation is due to force majeure, which the Customer must justify. In such a case, the deposit will be reimbursed within 30 days.
ARTICLE 11 - REFUND AND CANCELLATION
Oko planet reserves the right to cancel and undertakes to refund the hire if the via-ferrata is not possible for reasons of site maintenance or problems on the route.