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General Conditions of Use and Sale of the unikride.com site
Preamble
These general conditions of sale apply to all sales concluded on the UNIK RIDE website.
The seller's contact details are as follows:
SAS UNIK RIDE, 31 avenue du Périgord Ecopark local 5, 33370 Pompignac (France).
The website sells the following products: Electric Bicycles and Accessories.
The customer declares to have read and accepted the general conditions of sale prior to placing his order.
The validation of the order therefore implies acceptance of these general conditions of sale.
Article 1 - Principles
These general conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
The customer acknowledges having the capacity required to contract and acquire the products offered on the website.
These general conditions of sale prevail over any other document, and in particular over the general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to buyers, professional or not.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order.
These general conditions of sale are applicable until December 31, 2020.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer.
These general conditions only concern purchases made on this website and delivered exclusively in mainland France and Corsica. For any delivery in the French overseas departments and territories or outside France, it should be indicated to obtain a specific quote.
Article 3 - The order
The buyer places his order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, these general conditions. Its acceptance will result in an order confirmation email from the seller, in accordance with the conditions described below.
The buyer will have to choose the delivery address. Payment is made by bank transfer or by Credit Card.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of an ordered product, the buyer will be informed by email.
The cancellation of the order for the order for this product and its possible refund will then be made, and the rest of the order will remain firm.
For any question relating to the follow-up of an order, the buyer can send an email to the following address: contact@unikride.com.
Article 4 - Electronic signature
The online provision of the buyer's bank details and final validation will constitute proof of the buyer's agreement. This will allow the seller to obtain the due date for the sums due under the purchase order and this will constitute signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact the seller by sending an email to the following address: contact@unikride.com.
Article 5 - Confirmation of the order
Contractual information will be confirmed by email no later than the time of delivery or failing that, the address indicated by the buyer on the order form.
Article 6 - Proof of transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 7 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 8 - Price
Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are in euros. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the price of the products.
Advance payment
Any order may give rise to the payment of a deposit, the terms of which will be set at the time of the sale. Except in cases of force majeure, any cancellation of the order by the buyer outside the legal deadline of 14 days will not give rise to the reimbursement of this scheduled deposit.
Article 9 - Method of payment
Rules
This is an order with an obligation to pay, which means that placing the order involves payment by the buyer. Payment for the order is made by bank transfer or by the buyer's credit card. The buyer must enter his bank details in the place provided and confirm this entry. The seller reserves the right to suspend any order management and any delivery in the event of a refusal of payment authorization by officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The hunter has put in place an order verification procedure to ensure that no one is using another person's bank details without their knowledge. As part of this verification, the buyer may be asked to send by email a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.
The price is payable in full and in a single payment upon validation of the order unless agreed between the various parties. In this case, the date of payment will be mentioned on the invoice sent to the buyer.
Late payment
Any delay in payment will result in the immediate enforceability of all sums due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to bring, as such, against the buyer. .
Article 10 - Product availability
Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the confirmation email.
For any delivery in France (mainland and Corsica), the deadline is 4 to 5 working days, starting from the next day on which the buyer has paid for his order.
For any delivery in the French overseas departments and territories or outside France, it should be indicated to obtain a specific quote.
In the event of delay, the seller cannot be held responsible for any reason whatsoever. Therefore, no claim for compensation of any kind can be claimed by the buyer.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 - Terms of delivery
Delivery is made only after confirmation of payment by the seller's bank.
It is provided within the period specified in Article 10, from the receipt by the seller of the purchase order.
Any delay greater than 1 month may result in the resolution of the sale. The down payments or payment made when ordering will then be returned to the buyer.
In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order bond. If the buyer is absent on the day of delivery, the delivery person will leave a passage in the letterbox, which will allow the package to be collected from the location and during the period indicated.
If, at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip. (Parcel refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item (s) and send a copy of this letter to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be subject to a return request from the seller within 14 working days of delivery. Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 12 - Delivery error
The buyer must formulate to the seller on the same day of delivery or at the latest on the first working day following delivery any claim of delivery error and / or non-conformity of products in kind or in quality compared to the indications. appearing on the order form. Any complaint formulated after this deadline will be rejected.
Complaints can be made by contacting the seller by email at the following address: contact@unikride.com.
Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability to the buyer.
Upon receipt of the complaint, the seller will send an email to the buyer to exchange the product (s) concerned. The exchange of a product can only take place after the attribution of this email.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, in a tracked package, to the following address: 31 avenue du Périgord ECOPARK local 5, 33370 Pompignac.
Return costs are the responsibility of the seller.
Article 13 - Product warranty
The seller guarantees the buyer against any lack of conformity of the services and hidden defects, resulting from a design or supply fault of said services to the exclusion of any negligence or fault of the buyer.
In any event, in the event that the seller's liability is retained, the seller's warranty would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.
The seller guarantees new electric bicycles: 5 years on the frame, 2 years on the battery, motor and electronic components.
The seller guarantees used electric bicycles: 2 years on the frame, 6 months on the battery, motor and electronic components.
Article 14 - Right of withdrawal
The professional buyer buying within the framework and for the needs of his profession benefits from the right of withdrawal only under the exceptions of Law 121-21 of the Consumer Code.
The individual buyer has the right of withdrawal which is 14 days from the validation of the order or from the delivery of the goods.
In both cases, the customer has 14 days after exercising his right by email to contact@unikride.com to return the goods in their original packaging, unopened, unused, undamaged ... at their expense.
Upon receipt thereof, and after inspection of the goods, the seller will reimburse the amount paid by the customer.
Article 15 - Force majeure
All circumstances beyond the control of the parties, preventing the performance of the normal conditions of their obligations, are considered to be grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance. All irresistible facts or circumstances, outside the paries, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these general conditions are held to be not validated or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses will retain all their force. and their scope.
Article 17 - Non-waiver
The fact that one of the two parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation involved.
Article 18 - Applicable law
These general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.
If they do not succeed, the parties will submit their dispute to the Bordeaux Commercial Court.
Article 19 - Collection of personal data
Data collected
The personal data collected on this site are as follows:
Opening an account: When creating the user account, his name, first name, email address; telephone number, postal address;
Connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location and payment data.
Profile: The use of the services provided on the website makes it possible to complete a profile, which may include an address and a telephone number.
Payment: as part of the payment for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, the data concerning the user's communication is temporarily stored.
Cookies: cookies are used in connection with the use of the site. The user has the option of deactivating cookies from their computer settings.
Use of personal data
The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
Access and use of the website by the user;
Management of the operation and optimization of the website;
Organization of the conditions of use and of the Payment Services;
Verification, identification and authentication of data transmitted by the user;
Offer the user to communicate with other users of the website;
Implementation of user assistance;
Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
Prevention and detection of fraud, malware (malicious software) and management of security incidents;
Management of any disputes with users;
Sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
When the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
When the user publishes publicly accessible information in the free comment areas of the website;
When the user authorizes a third party's website to access their data;
When the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data within the framework of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;
If required by law, the site may transmit data to respond to complaints against the website and comply with administrative and legal procedures;
If the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it could lead to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical measures in digital security 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 ite cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the applicable personal data regulations, users have the following rights, which they can exercise at the following address: contact@unikride.com:
They can update or delete data concerning them by logging into their account and configuring the settings of this account;
They can delete the account by writing to the following address: contact@unikride.com. It should be noted that the information shared with other users on the forums may remain visible to the public on the website, even after the account is deleted;
They can exercise their right of access to know their personal data by writing to contact@unikride.com. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify the accuracy;
If the personal data held by the websites are inaccurate, they can request updating of the information, by writing to the following address: contact@unikride.com;
Users can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following address: contact@unikride.com.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website; The website will also inform users of the modification by e-mail, at least 15 days before the effective date; If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.