1. Identity of the Company
MOMENTUM ELECTRIC FRANCE
S.A.S. with a capital of 20,000 euros
Head office: 68 rue du Vertbois, 75003 PARIS
Showroom: 68 rue du Vertbois, 75003 PARIS
82374174900019 R.C.S PARIS
MOMENTUM ELECTRIC FRANCE
The general conditions below initially aim to provide you with all the necessary legal information on the terms and conditions under which MOMENTUM-ELECTRIC FRANCE offers for sale the products presented on its website www.momentum-electric. Bike and proposes to contract. Secondly, they are intended to present the rights and obligations of the parties which apply without restrictions or reservations to any sale of products offered on the same site by MOMENTUM-ELECTRIC FRANCE. The company MOMENTUM-ELECTRIC FRANCE grants the right to modify at any time these general conditions. These changes will be binding on users of the site as of their posting but will not apply to subsequent transactions.
The present general conditions of sale apply to any buyer who fulfills the conditions of this article. The products of the www.momentum-electric.bike site are offered for sale only to purchasers having the status of consumer who are located in the following geographical territory: France metropolitaine, Corsica, DOM TOM as well as in the member states of the Union European. The buyer, before placing an order, declares to have the full legal capacity to be able to contract validly and to engage in the framework of the present conditions of sale.
The purchase of the products offered by MOMENTUM-ELETRIC FRANCE is carried out exclusively from the "www.momentum-electric.bike" website.
5.1 Availability - Product Features
In accordance with article L 111-1 of the Consumer Code, the buyer may, prior to his order, be informed, on the www.momentum-electric.bike site, of the main characteristics of the product To order. In the case of an order with delivery within 48 hours, the immediate availability of the product is guaranteed at the time of the order on the site www.momentum-electric.bike. When the buyer makes a purchase in pre-order, the products will be delivered after a period of 3 months.
For more information, refer to 7.2.
5.2. Product selection
The Buyer must take cognizance of the products and their characteristics marketed by www.momentum-electric.bike under his sole responsibility and according to his needs in order to choose the product or products that are the subject of his order. Moreover, the Buyer being the only one to know the materials, configurations and the like, which he uses, will be the sole judge of the compatibility of the products that he will have ordered with those that he uses.
5.3. Formation of the contract - Acceptance of the present conditions of sale
Among the various bikes offered on the www.momentum-electric.bike website, the Buyer selects one or more products that he wishes to order. To do so, he must click on the unknown "Add to cart", in order to add his product in his basket.The buyer then clicks on "Finalize my order" to continue his order. This operation will then allow him to choose his method of payment. The buyer must also create a customer account by supplying all the information necessary to the processing of his order, following the required steps on the site. The buyer then proceeds with a final verification of the product before submitting the payment. Any order for a product offered for sale on the site means that the buyer fully accepts these terms and conditions. The order of the buyer is confirmed by the site www.momentum-electric.bike. The buyer is advised to retain this confirmation.
6.1. Applicable price
The prices offered by the site www.momentum-electric.bike are those applicable at the time of the buyer's order. These are presented all taxes included, and in euro. If a price appears to be grossly flawed and does not appear to represent the actual price of the product, MOMENTUM-ELECTRIC FRANCE will inform the buyer of the price actually applicable to the product. If the price corrected is higher than the displayed price, the buyer will have the choice between: canceling his order, or keep it. If the corrected price is less than the erroneous price; The Company will automatically apply the new price. Prices include shipping costs throughout Europe. The prices mentioned on www.momentum-electric.bike include the value added tax (T.V.A) applicable on the day of the order. In the event of a change in the applicable rate, it shall be automaticly offered for sale on the site www.momentum-electric.bike. The company MOMENTUM-ELECTRIC FRANCE is granted the possibility to modify at any time the price of the products appearing on the site www.momentum-electric.bike. The new prices will apply immediately to any order placed after the change, without affecting the previous orders.
6.2 Payment of Prize
The price is payable in cash, in full on the day of the buyer's order. Any incomplete payment, which does not correspond to the amount of the price displayed on the site will give rise to the cancellation of the order. The total amount of the order will be collected by www.momentum-electric.bike upon validation of the order. All orders are payable in Euros. The buyer has different method of payment to pay for his order. These are detailed on the site when placing your order: transfer, paypal, check, credit card (Mastercard, Visa, credit card, American Express). The buyer assures to www.momentum-electric.bike that he holds permits as necessary to pay in the chosen mode. www.momentum-electric.bike is granted the possibility to suspend or cancel any order placed on the site, whatever the level of advancement of the latter, in the event of non-payment of the price, in whole or in part. In the event of suspicion of fraud, www.momentum-electric.bike is entitled to require proof of identity from the buyer, to request verification, and / or to have one Payment by wire transfer, subject to satisfaction of these conditions. The site www.momentum-electric.bike provides the possibility of buying bicycles in pre-order, which will give the buyer an exceptional discount compared to the public price of the product. When the buyer decides to buy his product as part of an order, the price must be paid in full on the day of the order. Products purchased on pre-order will be paid when the order is done and delivered within three months and will not be returned or exchanged.
7. Delivery and Receipt
7.1 General rules
The delivery of the products ordered will be done at the address encountered by the buyer on the day of its order on the site www.momentum-electric.bike. Www.momentum-electric.bike offers a home delivery service to its customers. The buyer can consult the invoice at any time on his customer account. No complaint will be accepted in case of non compliance with the stated procedures.
7.2. Delivery delay
The delivery deadline is the shipping time, as well as the shipping time. Products whose order has been validated and confirmed are shipped within 24 hours from the actual collection of the price. Once the order has been confirmed and validated, the products that are the subject of this order will be dispatched, after the actual receipt of the price, within 24 hours. As of the dispatch of the order, the delivery times are from 48h to 72h. The carrier responsible for deliveries of orders is GEODIS. This one will send you a message as soon as the product is dispatched to confirm the day of delivery. Should the delivery period not be respected, the buyer may choose between:
-the maintenance of the control
-solliciting the resolution of the sale (in compliance with the conditions of Article L. 114-1 of the Consumer Code, in paragraphs 2 and 3).
We advise the buyer not to accept a damaged or open package. He may, if he prefers, before signing the receipt note, to ascertain the contents of the parcel with the deliveryman. In case of suspicion, it is preferable to refuse the package, and, as soon as possible, to report the incident to www.momentum-electric.bike.
7.4 Compliance or Quality IssuesThe buyer to whom a product not corresponding to the order (damaged, bad product) has been delivered must address his complaints as soon as possible:
- by telephone (01 81 69 77 60)
- by e-mail (firstname.lastname@example.org)
Claims must include the buyer's contact information, the reasons for the claim and the product's references. The www.momentum-electric.bike website reserves the right to ask the buyer for necessary photographs and explanations in order to process the request as quickly as possible. In case of justified complaint, we give you a return number, as well as a slip to be pasted on the cardboard. The product must be returned in its original condition and packaging, accompanied by the invoice, the charger, the battery, the two keys, the pedals, the instructions. In case of missing elements, the site gives itself the possibility of formulating reservations on the complaint. In the event of non-compliance with the above procedure, the buyer can not issue any request as to the apparent defect of the product, or non-conformity. If the buyer does not comply with this procedure, the products delivered are then deemed to be free from any apparent and conforming defects.
8. RIGHT OF RETRACTIONThe period of withdrawal of the buyer regarding the purchase of products put on sale on the site www.momentum-electric.bike is 50 days.
The products returned must be accompanied by the invoice, the charger, the battery, the two keys, the pedals, the instructions. Otherwise, MOMENTUM-ELECTRIC FRANCE will be able to refund the price in full, but to amputate the part corresponding to the damage caused to the product.
In the event of exercise of its right of withdrawal by the buyer, the latter may choose between:
-a Bank transfer
-a cash reimbursement, by recreditation of the bank card used for the purchase.
Reimbursement periods are 30 days.
No product returns purchased in advance will be accepted. Pre-purchase purchases are not subject to this section.
The products sold on the site www.momentum-electric.bike benefit, in accordance with the legislation in force:
- the legal guarantee of conformity,
- the legal guarantee against latent defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unsuitable for their use,
- Manufacturer's warranty, depending on the products and brands concerned.
Each of the guarantees mentioned is excluded in case of force majeure, misuse, accident, negligence, normal wear and tear of the property, bad maintenance on the part of the buyer. The warranty of the seller consists in a replacement or refund of the products defective or affected by a defect which makes them unsuitable for their use.
Reimbursement periods are 30 days.
The following are also excluded from the scope of these guarantees:
-the replacement of consumables
-defects and their consequences due to improper use of the product for the normal use for which it is intended
-the damages that are the subject of a particular evocation in the data sheets
-defects and consequences arising from the intervention of the buyer or a third party
MOMENTUM ELECTRIC FRANCE is committed to guarantee your bike for 5 years on the frame and 2 years for all electrical parts (battery, DISPLAY engine). In case of lack of the notice during the delivery of the product, the buyer can on simple request to claim it to www.momentum-electric.bike. MOMENTUM ELECTRIC FRANCE will have the choice between repairing or replacing the product under warranty. The buyer's warranty, under hidden defects that may affect the products delivered, only applies to a replacement of defective products, or parts making them unsuitable for their use.
10. RIGHT OF RETURN: SATISFIED OR REIMBURSED
MOMENTUM-ELECTRIC FRANCE undertakes to reimburse you when your order does not satisfy you entirely for any reason whatsoever. You have a period of 50 days after receiving your order to request a refund of the item (s) that do not satisfy you. Reimbursement periods are 30 days. The buyer who wishes to make a return must make the request to the customer service of MOMENTUM ELECTRIC FRANCE or on his website account. The buyer should send an e-mail to the following address:email@example.com. He must specify his contact details (name, first name, telephone number, e-mail address), the date of purchase, the reason for the return and attach the invoice in pieces. Returned items must be in a normal wear condition and in their original packaging. Returns must be accompanied by the invoice, the charger, the battery, the two keys, the pedals, the instructions. Otherwise, the company MOMENTUM ELECTRIC FRANCE is granted the possibility to amputate the part corresponding to the damages caused to the product. Any return request made otherwise than by email will not be taken into account. The address of the return is as follows: MOMENTUM ELECTRIC FRANCE 68 rue du Vertbois, 75003 PARIS In the event of return of items damaged by the buyer, the company MOMENTUM ELECTRIC FRANCE grants itself the right to amputate the amount of Return the share corresponding to the damage caused to the product. Our after-sales service reserves the right to refuse a return, in which case the items will then be returned to the customer without it can demand any compensation or right to refund. The company MOMENTUM-ELECTRIC FRANCE grants itself the right not to make a full refund in case of deterioration of the product. MOMENTUM will not be held responsible for the loss or the determination of the parcels returned. If the bike does not satisfy you, MOMENTUM ELECTRIC FRANCE offers a free exchange, within the limit of a single exchange. The return is free, and remains at our charge. No returns will be accepted for a product purchased in pre-order and/or purchased with a promo code.
The products offered by www.momentum-electric.bike comply with the French legislation in force. Www.momentum-electric.bike can not be held liable for failure to perform the contract in case of force majeure or fault of the customer. The website www.ovelo.fr also contains information from third parties, and links to other websites. Information from other people and links to other sites can be found at www.momentum-electric.bike. The site www.momentum-electric.bike can under no circumstances be held liable for damages resulting from the use, inability to access, or use at these sites.
12. INTELLECTUAL PROPERTY
13. NON-PARTIAL VALIDITY
If one or more of the stipulations of the general conditions are declared invalid by a competent court, by application of a law or a regulation, the remainder of the stipulations retain their force and scope.
14. NO WAIVER
If a party does not avail itself of a breach with its co-contractor, one of the obligations set out in the general conditions of sale, this can not be understood as a waiver for the future Obligation in question.
15. APPLICABLE LAW
The sales of products of the company www.momentum-electric.bike are subject to French law.
16. COMPUTERS AND FREEDOMS
The personal data required of the buyer are essential to the processing of his application, according to Law 78-17 of 6 January 1978. The buyer is entitled to modify, correct and permanently access Information. The information gathered by www.momentum-electric.bike at the time of the order of each consumer is essential to the processing of his order. Www.momentum-electric.bike may transmit this information, in whole or in part, to its business partners. This transmission is subject to the agreement of the customer. The latter can ascertain the purpose of their use. He may request destruction at the end of the business relationship. This information may also be transmitted to the legally authorized persons responsible for combating fraud.