Article 1 - Object
These general conditions of sale (hereinafter "GTC") govern the contractual relations between the company Scooters-discount, a simplified joint stock company, whose head office is located at place du Commerce, 14054 Caen cedex, France, with the trade name "Scooters-discount", registered in the trade and companies register.
These T & Cs apply without restriction or reservation to all sales made by Scooters-discount. (hereinafter the "Seller" or "Scooters-discount") from non-professional buyers (hereinafter the "Customer" or the "Buyer"), wishing to acquire the Products offered for sale by the Seller by purchase immediate or by placing an order via the Seller's website, by telephone or any other remote means.
The Seller or Scooters-discount, the Customer or the Buyer, may hereinafter be referred to individually as the "Party" or collectively as the "Parties".
The GTC specify in particular the conditions of immediate purchase, ordering, payment, and delivery or delivery of Products ordered by Customers.
These T & Cs apply to the exclusion of all other conditions. They are systematically communicated to all Customers prior to immediate purchase or before placing an order and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these GTC and to have accepted them before his immediate purchase or the placing of his order. These T & Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date of the immediate purchase or the placing of the order.
The validation of the order by the Customer implies acceptance without restriction or reservation of these GTC. Any contrary condition made by the Buyer and not accepted in writing is unenforceable against Scooters-discount.
Article 2 - Geographical area
The online sale of the Products presented on the Seller's website is reserved for Buyers who reside in France, Spain, Portugal, DOM TOM, Italy in Belgium, Switzerland, Luxembourg and everywhere in Europe.
Article 3 - Characteristics of the Products offered for sale
The products offered for sale by the Seller are mainly general products of scooters, electric scooters, motorcycles, scooter and motorcycle accessories as well as any other goods marketed by Scooters-discount ( hereinafter the "Products").
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller's catalog, published on the Seller's website. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each product in order to know its properties and essential features. Product offers are subject to the limit of available stocks.
Article 4 - Orders placed on the site www.Scooters-discount.com
The Buyer places an order on the Seller's website: "www.Scooters-discount.com". To buy one or more Products, he must follow the following order process:
Choice of Products and addition to cart
Validation of the contents of the cart
Identification on the website or registration on the identification form on which it will indicate all the requested details (identity, e-mail address, delivery address, billing address etc. .)
Choice of delivery method
Choice of payment method and acceptance of the GTC
The Buyer will receive an order confirmation email, including the order summary.
The Buyer may at any time view during the ordering process, the detail of his order as well as its total price and correct any errors, before confirming it to express its acceptance.
Scooters-discount retains ownership of the Products until full payment of the order, that is to say, receipt of the price of the order by Scooters-discount.
Scooters-discount reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment or delivery of a previous order. Any order implies acceptance of the prices and the Products available for sale.
Scooters-discount undertakes to honor orders received on the website only while stocks last.
In the event of cancellation of the order by the Customer after receipt of the order confirmation email, for any reason whatsoever except force majeure and use of the right of withdrawal, any sum paid during the purchase of the Products will automatically be acquired by the Seller and may not give rise to any reimbursement.
Article 5 - Orders - Immediate purchases
With the exception of orders placed on the Seller's website (that is to say in particular in the event of an order by telephone or on site), orders for Products and immediate purchases are made as follows:
Choice of Products
Identification of the Buyer (contact details, e-mail address, delivery address, billing address etc.)
Choice of delivery method
Choice of payment method and acceptance of the GTC
The sale will only be considered final after sending or giving to the Customer the confirmation of the acceptance of the order by the Seller (via e-mail or any other means ), and after receipt by the latter of the full price.
It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment or delivery of a previous order.
Scooters-discount is committed to honoring orders only while stocks last.
Scooters-discount reserves ownership of the Products until full payment of the order, that is to say upon receipt of the price of the order by Scooters- discount.
In the event of cancellation of the order by the Customer after its acceptance by the Seller, for any reason whatsoever except force majeure and the use of the right of withdrawal, any sum paid during the purchase of the Products will automatically be acquired by the Seller and may not give rise to any reimbursement.
Article 6 - Product prices
The prices indicated on the Scooters-discount website, communicated by telephone or available at the Seller's premises, are expressed in Euros, all taxes included. They are valid and payable at the time the order is validated.
These prices are firm and not subject to revision during their period of validity, as indicated in the Seller's price catalog, the latter reserving the right, outside this period of validity , to modify the prices at any time.
They are particularly liable to change without notice depending on available stocks, market and cost conditions and Scooters Discount's commercial policy.
Once the order is confirmed, the price of this order is no longer likely to change except for changes in applicable taxes or manifest error. Any change in the VAT rate may be reflected in the price of the Products.
For Products which are not collected by the Customer himself, the prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated in the Seller's price list and calculated prior to immediate purchase or to placing the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
Article 7 - Terms of payment
The price is payable in installments or in full on the day of immediate purchase or pass on the order by the Customer, according to the following methods:
by bank transfer
by credit cards: Visa, MasterCard, other credit cards
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Seller.
In the event of an order by telephone or any other remote means (apart from online ordering via the Seller's website or immediate purchase at the Seller's premises ), the Products ordered will be reserved for the Buyer for 7 calendar days from the date of the order. After this period and failing receipt of payment, Scooters-discount reserves the right to cancel the Customer's order.
The Seller reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of orders in progress made by the Client.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment can be billed to the Customer.
Article 8 - Delivery of Products - Deliveries
Unless otherwise specified or specified at the time of the order, the Products ordered by the Buyer are delivered to him by Gomagassin, directly or by a carrier, to the delivery address defined by the Buyer.
In the event that Scooters-discount ensures delivery, the Products are transported under its responsibility.
An appointment must be made for the order to be physically received by the Buyer or one of his representatives from Monday to Friday, during working hours. An appointment is made up of a one-day or half-day slot.
The Products ordered or acquired by the Customer will be delivered in France or in Europe within the shipping time indicated on the Product sheet to which is added the processing time and delivery to the address indicated by the Customer when purchasing or ordering.
The delivery times indicated on the website are indicative average times, subject to the Products being available in stock at the time of the order. Average delivery times are 1 to 3 working days. These times are average times and can be extended to 4 days for some destinations. These deadlines are understood to be excluding order preparation (1 to 2 working days) and run from the date of shipment.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above.
However, these deadlines are provided for information only. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L .216-2 L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within 14 days of the date of termination of the contract, to the exclusion of any compensation or withholding.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once.
Placing an order implies understanding and acceptance of the delivery conditions. In particular, the delivery address must be accessible.
The Buyer must accept the delivery which implies checking the products, quantities delivered.
Any complaint, to be accepted, must be formulated within a maximum period of 3 days from receipt of the Products by registered letter with acknowledgment of receipt sent to Scooters-discount.
In the event that the complaint concerns the nature and quantity of the Products, it must also have been mentioned on the stub remaining in the hands of the carrier, a copy of which will be attached to the letter .
The Buyer is required to check the conformity of the delivered goods and their packaging at the time of delivery and before signing the delivery note from the carrier.
In the event of a damaged product or packaging, the Purchaser must indicate any anomaly on the delivery slip and in the form of precise handwritten reservations accompanied by his signature. In the absence of handwritten reservations, this verification is considered to have been carried out and the goods considered to have been delivered compliant, once the Buyer, or a person authorized by him, has signed the delivery slip. No complaint will be accepted in the absence of precise handwritten reservations.
Article 9 - Transfer of ownership - Transfer of risk
The transfer of ownership of the Seller's Products, to the benefit of the Customer, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the Products.
Article 10 - Right of withdrawal
In the case of an order placed remotely, via the Seller's website, by telephone, mail or e-mail, the Buyer has a right of withdrawal from 14 days from the day of receipt of the Products by himself or a third party, other than the carrier, designated by him.
The Buyer has a period of 14 days, following the communication of his decision to withdraw, to return the Products delivered, at his expense and risk, in their packaging original, accompanied by a copy of the delivery slip, in the Seller's depot or at the warehouse of the carrier that will be indicated to him.
The Buyer will be reimbursed within 14 days from the date on which the Seller has been informed of the Buyer's decision to withdraw, subject to the return of the Products.
If the Buyer refuses delivery once the shipment has been made, the return costs will remain the responsibility of the customer. Return costs billed may be higher than the fixed shipping costs paid when ordering and according to the carrier's price list.
Article 11 - Responsibility of the Seller - Guarantee
The Products offered for sale comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by the Seller benefit as of right and without additional payment, in accordance with legal provisions,
of the legal guarantee of conformity, for the Products apparently defective, damaged or damaged or not corresponding to the order or to the immediate purchase,
the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
under the conditions and according to the methods referred to in the box below and defined in the appendix to these GTC (guarantee of conformity / guarantee of hidden defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
has a period of two years from the delivery of the goods to act against the Seller
can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise, except for second-hand goods, the deadline for which is extended to six months (art L.217-7 of the Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the product.
The Customer may decide to implement the warranty against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned deadlines and return or bring back to the store Defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 30 days following the finding by the Seller of the lack of conformity or the hidden defect .
The refund will be made by credit to the Customer's bank account or by check sent to the Customer.
The Seller's liability cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, of 'accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
Article 12 - Intellectual property
The Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) in for the supply of the Products to the Customer.
The Customer therefore refrains from any reproduction or exploitation of said photographs, presentations, studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may make it conditional on financial compensation.
Article 13 - Personal data
The personal data communicated by the Customer is kept by the Seller for the needs of the activity of Discountshop Online.
In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify, question, oppose and deletion of personal data concerning him collected by the Seller as part of his activity.
The Seller ensures the confidentiality of the personal data collected. However, the Customer acknowledges that the Seller may be required, in accordance with its legal obligations, to reveal personal information within the framework of legal procedures (search warrants, etc.).
Article 14 - Forced execution in kind
Notwithstanding the provisions of article 1221 of the Civil Code, the Parties agree that in the event of failure of either Party to fulfill its obligations, the Party victim of the default may not request the forced execution.
The Party victim of the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract according to the terms defined below -after.
Article 15 - Exception of non-performance
It is recalled that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or fundamentally upset its economic balance.
The suspension of execution will take effect immediately, upon receipt by the defaulting Party of the notification of breach which will have been sent to it for this purpose by the Party victim of the default indicating the '' intention to apply the exception of non-performance as long as the defaulting Party has not remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties does not '' will not perform its obligations when due and that the consequences of this non-performance are sufficiently serious pfor the Party victim of the default.
This option is used at the risk and peril of the Party which takes the initiative.
The suspension of execution will take effect immediately, upon receipt by the Party presumed to be in default of the notification of the intention to apply the exception of preventive non-performance until that the presumed defaulting Party performs the obligation for which a future failure is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending.
If the impediment was final or continued beyond two months, these would be purely and simply resolved according to the terms defined in the article Resolution for breach of a Party to its obligations.
Article 16 - Force majeure
The Parties cannot be held responsible 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 noting the event must immediately inform the other Party of its inability to perform its service and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of two months. Consequently, as soon as the cause for the suspension of their reciprocal obligations has ceased, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final and exceeds a period of two months, the present will be purely and simply resolved according to the modalities defined below.
During this suspension, the Parties agree that the costs incurred by the situation will be split in half.
Article 17 - Resolution
Resolution for force majeure
The automatic termination for force majeure, notwithstanding the termination clause for breach of a Party's obligations appearing below, take place only 15 days after the receipt of a formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act and after having noted that the impediment is final or exceeds a period of two months in accordance with article 16 above. / p>
However, this notice must mention the intention to apply this clause.
Resolution for breach of a sufficiently serious obligation
The Party victim of the default may, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by registered letter with request for notice of receipt to the Defaulting Party, the faulty resolution hereof, 15 days after receipt of a formal notice to perform remains unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.
In any event, the injured Party may seek damages in court.
Resolution in case of sale outside the geographical area
In the event of a sale outside the geographical area defined in article 2 hereof, it may be automatically terminated at the discretion of the Seller, without carrying out formalities .
Article 18 - Applicable law - Language
By express agreement between the Parties, these GTC and the transactions resulting therefrom are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 19 - Disputes
All disputes to whichle = "text-align: justify;"> Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article 1641 of the Civil Code
The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect.
RIGHT OF WITHDRAWAL - WITHDRAWAL FORM
Article L221-18 of the Consumer Code
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to justify its decision or bear other costs than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day:
1 ° From the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2 ° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer can exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is staggered over a defined period, the period starts from the receipt of the last good or lot or the last part.
For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good.
Model withdrawal form (distance selling to a non-professional buyer)
Registered letter with acknowledgment of receipt
On (date), I placed an order with you over (phone, Internet) and picked up on (date).
In accordance with Article L. 221-18 of the Consumer Code, I inform you that I wish to exercise my right of withdrawal concerning this order and I will return it to you or you will drop it off at your premises (…) (specify) within the next fourteen days.
Please reimburse me the sum of (…) euros that I paid you by (credit card, etc.).
Thanking you, please accept, Madam, Sir, the expression of my best regards.