GENERAL CONDITIONS AND SALES - INTERNET
In force on 01/09/2018
ARTICLE 1 - SCOPE
These General Conditions of Sale (known as "GTC") apply without restriction or reservation to all sales made by the Seller to non-professional buyers ("Customers or Customer") wishing to acquire the products offered the sale (“the Products”) by the seller on the site https://e-techgreen2.fr. the Products offered for sale on the site are as follows:
. urban mobility electric vehicle
The main characteristics of the Products and in particular the specifications, illustrations of dimensions or capacity of the Products, are presented on the site https://e-techgreen2.fr which the customer is required to take note of before ordering.
The choice and purchase of a Product are the sole responsibility of the customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These CGV are accessible at any time on the site https://e-techgreen2.fr and will prevail over any other document.
The customer declares to have read these GTC and the assets accepted by checking the box provided for this purpose before implementing the online order procedure for the https://e-techgreen2.fr site.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the customer.
The seller's contact details are as follows:
Mr Girard Thierry
3 allée Jussieu 91230 Montgeron
Registration number: RCS EVRY 818 916 306
ARTICLE 2 - PRICE
The products are supplied at the current prices shown on the site https://e-techgreen2.fr, when the order is registered by the Seller.
The prices are expressed in Euros and including tax.
The prices take into account any reductions that may be granted by the seller on the site https://e-techgreen2.fr.
These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated when placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the seller and given to the Customer upon delivery of the products ordered.
ARTICLE 3. ORDERS
It is up to the Customer to select on the https://e-techgreen2.fr site the Products he wishes to order, according to the following methods:
The Customer chooses a Product which he puts in his basket, a product which he can delete or modify before confirming his order.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and immediately report any errors.
Any order placed on the https://e-techgreen2.fr site constitutes the formation of a contract concluded at a distance between the customer and the Seller.
The seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer can follow the progress of his order on the site.
ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form which will be offered to him at the time of the order and undertakes to provide sincere and exact information concerning his civil status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order histories, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Client prohibits any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request unsubscription by going to the dedicated page on his personal space or by sending an email to e-techgreen.fr. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and / or use, the https://e-techgreen2.fr site will have the possibility of suspending or even closing a customer's account after formal notice by electronic means and remained Without effect.
Any deletion of any account the reason, causes the outright deletion of all personal information of the Client.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the seller.
The creation of the account implies acceptance of these general conditions of sale.
ARTICLE - TERMS OF PAYMENT
The price is paid by secure payment, in the following ways:
. payment by credit card
. payment by bank transfer to the seller's account 5 whose contact details are communicated to the Customer when placing the order)
. PAY PAL bank transfer
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the site https://e-techgreen2.fr.
The payments made by the Customer will only be considered final after the seller has actually collected the amounts due.
The Seller will not be required to proceed with the delivery of the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Customer will be Delivered in mainland France.
Deliveries are made within 3 to 15 working days depending on the availability of the product ordered, to the address indicated by the Customer when ordering on the site.
The 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 in one go.
The Seller undertakes to make the best efforts to deliver the Products ordered by the Customer within the above precise deadlines. However, these deadlines are given for information only.
If the Products ordered have not been delivered within 30 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be canceled at the written request of the customer within 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 following the date of termination of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent transporter, to the address mentioned by the Customer when ordering and to which the transporter can easily access.
When the Customer is responsible for using a carrier he has chosen himself, delivery is deemed to have been made after delivery of the Products ordered by the seller to the carrier who has accepted them without reservation. The Customer therefore recognizes that it is the carrier who is responsible for making the delivery and has no warranty claim against the seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the packaging conditions for the products ordered, duly accepted in writing by the seller, the costs linked to this specific packaging will be subject to additional invoicing, on a quote previously accepted in writing by the Customer.
The customer is required to check the condition of the products delivered. He has a period of 7 days from delivery to make complaints by email to firstname.lastname@example.org accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following the consumer code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller except when the Customer has himself chosen the carrier. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of article L 221-18 of the Code of consumption “the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or outside establishment without having to justify his decision or to support d costs other than those provided for in articles l 221-23 al 221-25.
The period mentioned in the first paragraph runs from the day:
From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L 224-4.
Upon 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 outside the establishment, the consumer can exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order of a good composed of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or lot of the last piece.
For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good ”.
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the will to withdraw and in particular by postal mail addressed to the seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
Return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - SELLER'S RESPONSIBILITY - GUARANTEES
The Products supplied by the Seller benefit from:
of the legal guarantee of conformity for defective, damaged or damaged Products or products which do not correspond to the order.
Legal warranty against hidden defects from a defect in material, design or manufacturing affecting the products delivered and making them unfit for use.
Provisions relating to legal guarantees
Article L 217-4 of the consumer code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ”
Article L 217-5 of the Consumer Code
"The goods comply with the contract:
If it is suitable for the use normally expected of a similar item and if applicable:
.If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model.
.If it has the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative in particular in advertising or labeling.
Or it has the characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L 217 - 12 of the Consumer Code
"The action resulting from the lack of conformity lapses two years after delivery of the goods"
Article 1641 of the Civil Code
"The Seller is bound by the guarantee due to the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use, that the buyer would not have acquired it, or n ' would have given a lesser price, if he had known them. "
Article 1648 paragraph 1 of the civil code
"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. "
Article L 217 - 16 of the Consumer Code
"When the buyer requests from the Seller, during the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, the whole short period has count of the request for intervention or the provision for repair of the goods in question, if this reading is available after the request for intervention. "
In order to assert their rights, the customer must inform the seller in writing (email or post), of the non-conformity of the products or of the existence of hidden defects a comit their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the seller's acknowledgment of the non-conformity or hidden defect. This reimbursement can be made by bank transfer or check.
The seller's responsibility cannot be engaged in the following cases:
. non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
. 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, wear parts, accident or force majeure.
. The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The seller's warranty is, in any event, limited to the replacement or reimbursement of non-conforming products or affected by a defect.
ARTICLE 9 - PERSONAL DATA
The customer is informed that the collection of personal data is necessary for the sale of the Products by the seller as well as their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the execution of the sales contract.
9-1 Collection of personal data
The personal data collected on the https://e-techgreen2.fr site are as follows:
when creating the Client / user account:
Last name and first name
Date of Birth
as part of the payment for Products on the https://e-techgreen2.fr site, the latter records financial data relating to the Customer's / user's bank account or bank card.
9-2 Recipients of personal data
personal data is used by the seller and his co-contractors for the execution of the contract and to ensure the effectiveness of the sale service and the delivery of the Products.
The category (ies) of co-contractor (s) is (are):
Payment establishment providers
9-3 Data controller
The data controller is the Seller, within the meaning of the law and freedoms and from May 25, 2018 of the 2016 regulation: 679 on the protection of personal data.
Mr Girard Thierry
3 allée Jussieu 91230 Montgeron
9-4 Limitation of processing
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.
9-5 Duration of data storage
The Seller will keep the data thus collected for a period of 5 years, covering the time of limitation of the applicable contractual civil liability.
9-6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9-7 Implementation of customer and user rights
In application of the regulations applicable to personal data, Customers and users of the https://e-techgreen2.fr site have the following rights:
They can update or delete data concerning them as follows:
By connecting to his account, the customer can delete his customer file at any time.
They can delete their accounts by writing to the electronic address indicated in article 9-3 "data controller"
If the personal data held by the Seller are inaccurate, they may request the updating of information by writing to the address indicated in article 9.3 "data controller"
They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in article 9-3 "Data controller"
They can also request the portability of the data held by the Seller to another service provider.
Finally, they can oppose the processing of their data by the Seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by post or email to the Data Controller whose contact details are given above.
The Data Controller must provide a response within a maximum of one month.
In case of refusal to grant the request of the Customer, the latter must be justified.
The Customer is informed that in case of refusal, he can lodge a complaint with CNIL (3 place de Fontenoy 75007 Paris) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive emails of an informative and advertising nature from the Seller, he will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details below) above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the https://e-techgreen2.fr site is the property of the Seller and its partners, and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
The CGV and the operations which ensue therefrom are governed by and subject to French law.
The GTCs 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 12 - DISPUTES
For any complaint, please contact customer service at the Seller's postal or email address indicated in Article 1 of these GTC.
The customer is informed that he can in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any mode of settlement of the various (conciliation, for example) in the event of dispute.
In this case, the designated mediator is
73 boulevard de Clichy 75009 Paris
https: / /conso.medicys.fr
all disputes to which the purchase and sale operations concluded in application of the applicable GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law common .
This form must be copied on an identical white sheet and returned only if the Customer wishes to withdraw from the order placed on the site https://e-techgreen2.fr except exclusions or limits to the exercise of the right to withdrawal according to the applicable General Conditions of Sale.
For the attention of Mr Girard Thierry
3 allée Jussieu 91230 Montgeron
I hereby notify the withdrawal relating to the property below:
Order from (indicate date)
Order number: ............................................. .........................
Client name :.............................................. ...........................................
Customer address: .............................................. .....................................