GTC

GTC

Effective as of 01/01/2021

ARTICLE 1 – Scope

These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the website www.greenmobility.store. The Products offered for sale on the site are as follows:

Classic bicycles, electrically assisted bicycles, electric scooters, gyropods, gyroroues, spare parts, accessories.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.greenmobility.store, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stocks, as specified when placing the order.

These T&Cs are accessible at any time on the www.greenmobility.store website and will prevail over any other document.
The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the www.greenmobility.store 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:
Green Mobility, SARL
Share capital of 10,000 euros
Registered with RCS Nanterre under number 851514315.
Email: contact@greenmobility.store
Telephone: 01 41 16 03 19

ARTICLE 2 – Price

The Products are supplied at the prices in force appearing on the site www.greenmobility.store, when the order is recorded by the Seller.
Prices are expressed in Euros, excluding and including tax.
The rates take into account any reductions that may be granted by the Seller on the www.greenmobility.store website.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to 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 the Products he wishes to order on the www.greenmobility.store website.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site www.greenmobility.store 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 relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.

Any cancellation of the order by the Customer will only be possible before the delivery of the Products (regardless of the provisions relating to the application or not of the legal right of withdrawal).

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 completing the form that will be offered to him when he places his order and undertakes to provide sincere and accurate information concerning his marital 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 history, 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 Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: contact@greenmobility.store. This will be effective within 48 hours.

In the event of non-compliance with the general conditions of sale and/or use, the www.greenmobility.store site will have the possibility of suspending or even closing a customer's account after formal notice sent by electronic means and which has had no effect. .
Any deletion of an account, for whatever reason, results in the pure and simple deletion of all personal information of the Customer.
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 entails the acceptance of these general conditions of sale.

ARTICLE 4 – Payment terms

The price is paid by secure payment (SSL), according to the following terms:
• payment by credit card
• or payment by check
• or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
• 3X or 4X Web payment. FRANFINANCE, the Lender (719 807 406 RCS Nanterre – No. Orias 07 008 346) see conditions of the offer.

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 www.greenmobility.store site.

In the event of payment by bank cheque, this must be issued by a bank domiciled in metropolitan France or Monaco.
The cashing of the check is made upon receipt.

Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

ARTICLE 5 – Deliveries

The Products ordered by the Customer will be delivered in metropolitan France.

Deliveries are made within 2 to 4 days and according to the delivery method chosen at the address indicated by the Customer when ordering on the site.
Delivery is constituted by 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 its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

If the Products ordered have not been delivered within Île-de-France after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

Deliveries are made by an independent carrier (Colissimo, Chronopost, Mondial Relay), to the address given by the Customer when ordering and which the carrier can easily access.

The Seller also offers free delivery to one of its stores accessible via the following link or locations: 67 Avenue Gambetta, 92400 Courbevoie.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. It has a deadline of 48 hours. Maximum time from delivery to make complaints by sending an email to the address: contact@greenmobility.store, 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 to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.

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 Seller's risk and peril except when the Customer has chosen the carrier himself. 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 date of delivery of the said Products.

ARTICLE 7 – Right of withdrawal

According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GCS.
Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The 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 liability – Warranties

The Products supplied by the Seller benefit from:
• the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

In order to assert his 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 from their discovery.

The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
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 finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.

The responsibility of the Seller 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 verify,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
• Unclamping of machines or modification of products.
• The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.

ARTICLE 9 – Personal data

The Customer is informed that the collection of his 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 delivery of the Products. These personal data are collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the www.greenmobility.store website are as follows:

Account opening
When creating the Client / user account:
Surnames, first names, postal address, telephone number and e-mail address.

Payment
As part of the payment for the Products offered on the www.greenmobility.store website, the latter does not record the financial data relating to the Customer's/user's bank account or credit card.

9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.

9.6 Security and privacy
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
Pursuant to the regulations applicable to personal data, Customers and users of the www.greenmobility.store website have the following rights:
• They can update or delete the data concerning them as follows:
by logging into their account, under the account settings tab. .
• They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
• They may 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 object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always be able to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of the www.greenmobility.store 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 is likely to constitute an offense of counterfeiting.

ARTICLE 11 – Applicable law – Language

These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall 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 GCS.
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

APPENDIX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.greenmobility.store except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of SARL, Green Mobility
_______________
I hereby notify the withdrawal of the contract relating to the property below:
– Order of (indicate the date)
– Order number: …………………………………………………..
- Client name : …………………………………………………………………
– Customer address: ……………………………………………………………..

Signature of the Client (only in the event of notification of this form on paper)