Terms of sale

General Conditions of Sale (GCS) of Scoot Motion (Sarl EB INVEST)

Last updated: [03/19/2024]

PREAMBLE

These general terms and conditions of sale (the "General Terms and Conditions") are concluded between SARL EB INVEST ("the Seller") and any non-commercial natural person ("the Buyer") wishing to make a purchase on the Website (hereinafter together referred to as the "Parties").

The Parties agree that these General Conditions govern their relationship exclusively. Sarl EB INVEST reserves the right to modify the General Conditions from time to time. They will be applicable as soon as they are posted 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 have their headquarters in France.

These General Conditions aim to define the terms of sale between Sarl EB INVEST and the Buyer, from placing the order to after-sales services, including payment and delivery.

ARTICLE ONE – SCOPE OF APPLICATION

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by Sarl EB INVEST, the Seller, with non-professional buyers wishing to acquire the products offered for sale by the Seller on its website. www.scoot-motion.com, know :

- Electric scooter, electric motorcycle, electric moped, electric tricycle, electric quadricycle, electric scooter, spare parts and accessories.

These products governed by these terms are those which appear on the Website and which are indicated as sold and shipped by the Seller (the "Products"). They are offered within the limit 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 liable.
Product photographs are not contractually binding.

Please note that these Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on this website and will prevail, where applicable, over any other version or any other contradictory document.

Unless proven otherwise, the data recorded by Sarl EB INVEST constitutes proof of all transactions.
The products presented on this website are offered for sale in Metropolitan France.
Product offers are subject to availability. Product availability information is provided at the time the order is placed.

Modifications to these General Conditions of Sale are binding on users of the site from the time they are posted online and cannot apply to transactions concluded previously.

Validation of the order by the buyer constitutes unreserved acceptance of these General Conditions of Sale.

ARTICLE 2 – ORDERS

2.1 Prior identification of the Buyer

It is up to the Customer to select the products they wish to order on the site, according to the following terms:
To place an order, the Buyer must identify himself with his email address or customer number and password. For any first order, the Buyer may follow an account creation procedure indicated on the Website.

In case of loss or forgetfulness of the password, the Buyer can request it again by going to his customer account and clicking on "I forgot my password". He will then receive his password at the email address he provided at the time of registration.

2.2 Registration and validation of the order

The Buyer has the option of placing his order online:

- either from the online catalog;*

- either directly from the references in the paper catalogs.

Once the shopping cart has been validated, the Buyer must accept the General Conditions, choose the address and delivery method, and finally validate the payment method, this last step formalizing the sales contract between the Seller and the Buyer.

The Seller will acknowledge receipt of the order upon validation by sending an email.
In certain cases, including non-payment, incorrect address or other problem with the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved.
In the event of unavailability of an ordered Product, the Buyer will be informed by email.
The sale will only be considered final after the Seller has sent the Buyer confirmation of acceptance of the order by email and after compliance with the payment conditions mentioned below.

ARTICLE 3 – PRICES

The Products are supplied at the current prices shown on the site, when the order is registered by the Seller. Prices are expressed in Euros, including VAT.

These prices are firm and not revisable during their period of validity, as indicated on the Seller's website. A price cannot be modified once your order has been validated.

Specific orders from the Buyer will be subject to a quote previously accepted by the Buyer. Quotes drawn up by the Seller are valid for a period of THIRTY (30) days, from the date of their establishment.
An invoice is drawn up by the Seller and sent to the Buyer after delivery of the products ordered.

ARTICLE 4 - PAYMENT CONDITIONS

Payment can be made by:

-Bank card by entering your bank details on the order form. All bank details entered are subject to secure processing and are immediately encrypted. The amount of orders paid by bank card is collected on the day of the order.

The SELLER uses 3D-Secure technology to strengthen the security of online transactions. This protection consists of ensuring that the payment is indeed ordered by the real holder of the bank card. This is an additional but necessary step for the security of the payment.In the event that the CUSTOMER does not receive a password or activation code, the SELLER invites the CUSTOMER to contact their banking establishment to be able to finalize their order.

- Bank check, duly completed, dated the day of the order, signed and made out to Sarl EB INVEST. The order number must be indicated on the back of the check. The check must be sent within 10 days following the signed quote and to the following address:

Sarl EB INVEST
13 apple tree street,

85500 Les Herbiers.

If the check is not received within 20 days of ordering, the order will be cancelled.

-Payment in 3 installments without fees by credit card or bank check from 250€ including tax of purchase and for a duration ≤ 3 months.

The Seller shall not be required to deliver the products ordered by the Buyer if the latter does not pay the price in full under the conditions indicated above.

Payments made by the Buyer will only be considered final after actual collection of the sums due by the Seller.

In the case of an order with a consultant, a deposit, the amount of which is equal to 30% of the total price of the order, is required at the time the order is placed by the customer. This deposit confirms the customer's commitment to purchase the specified product and covers part of the manufacturing and customization costs.

In the event of late payment and payment of the sums owed by the Buyer beyond the deadline set above, and after the payment date appearing on the invoice sent to the latter, late payment penalties calculated at the rate of 5% of the amount including tax of the purchase price appearing on said invoice, will be automatically and automatically acquired by the Seller, without any formality or prior formal notice and will result in the immediate payment of all sums owed by the Buyer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Buyer.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Buyer.

ARTICLE 5 - DELIVERIES

The products purchased by the Buyer will be delivered in mainland France (excluding Corsica, French overseas departments and territories and islands not connected by a bridge) within 10 days to 10 weeks depending on the products (deadline specified by the seller when ordering) to the address indicated by the Buyer when ordering on the website. Except in special cases or when one or more products are unavailable, the products ordered will be delivered in one go. Deliveries are made by an independent carrier.

Delivery means the deposit of the Product in front of the Buyer's home or at the foot of their building. No handling operations (including delivery upstairs, etc.) or installation will be carried out by the carrier. The Buyer will therefore be responsible for the recovery, storage and installation of the Products at their home.

In the case of vehicle deliveries, we contact customers to validate the delivery address. If the delivery address is not accessible by the carriers' vehicles, we try to find a delivery solution which may result in an additional cost to the customer.

The carrier will contact the Buyer directly to agree on a delivery date which must occur within 5 working days following the contact. In the event of exceeding 5 working days, the buyer will have to pay the carrier storage costs for each additional day. It should be noted that this delivery will be made from Monday to Friday between 8 a.m. and 5 p.m. and that no specific time can be communicated, the appointment being fixed for the day.

Only the carrier is authorized to decide on the most suitable place for unloading. It is specified that delivery will be made to the property boundary. No unloading at height may be carried out (on a slab for example).

In the event that the actual configuration of the delivery location physically prevents the unloading of the goods, the carrier reserves the right to cancel the delivery. In this case, the delivery costs will remain the responsibility of the Buyer. It will be up to the Buyer to contact the Seller by email at the address servicecommercial@scoot-motion.com or by telephone on 07 65 80 03 33 to establish the new terms and costs for delivery of the order.

Delivery is deemed to have been made upon delivery of the products ordered by the Seller to the carrier.

In the event of a specific request from the Buyer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, on a quote previously accepted in writing by the Buyer.

The Buyer is required to check the condition of the products delivered. The Buyer has a period of THREE (3) days from delivery to make in writing (by post, email) any reservations or complaints for non-conformity or apparent defect of the products delivered, with all supporting documents relating thereto. After this period and in the absence of having complied 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 replace as soon as possible and at its own expense, the products delivered whose apparent defects or lack of conformity have been duly proven by the Buyer.

ARTICLE 6 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS

The transfer of ownership of the Seller's products and the correlative transfer of the risks of loss and deterioration relating thereto, will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price and this regardless of the date of payment and delivery. The products therefore travel at the risk and peril of the Buyer who may, in the event of damage, make any claims to the carrier under the legal and regulatory conditions in force.

ARTICLE 7 - RIGHT OF WITHDRAWAL

The Buyer has, in accordance with the provisions of Article L 121-20 of the Consumer Code, a withdrawal period of FOURTEEN (14) working days from the delivery of the products to return them to the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or refund, provided that the products are returned in their original packaging, complete and in perfect condition, within FOURTEEN (14) days following notification to the Seller of the Buyer's decision to withdraw. Damaged, soiled or incomplete items are not taken back.

The return costs will be the sole responsibility of the Buyer. In the event of the return of a bulky product that cannot be sent by post, the contact details of a carrier will be communicated to the Buyer and the costs related to the transport of the product will be deducted from the refund made to the Buyer.

A withdrawal form is made available to the CUSTOMER on the SITE accessible from the page “Return and Refund”. The return of the products must be accompanied by a copy of the order validation on our site and/or the purchase invoice and the withdrawal form. An acknowledgment of receipt on a durable medium will be immediately communicated to the Buyer by the Seller, or any other declaration, free of ambiguity, expressing the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within TEN (10) days from receipt by the Seller of the items returned by the Buyer.

ARTICLE 8 - SELLER'S LIABILITY - WARRANTY

Products sold on the website www.scoot-motion.com comply with the regulations in force in France.

The products supplied by the Seller benefit, in accordance with legal provisions,
- the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,

- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (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 delivery of the goods to take action against the Seller;

- may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for used goods.

The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product.

The Customer may decide to implement the warranty against hidden defects in the Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.

In order to assert its rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the non-conformity of the Products within the time limits referred to above.

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the rate charged and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 10 days following the Seller's discovery of the lack of conformity or hidden defect.

Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller shall not be held liable 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 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, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

The photographs and illustrations accompanying the products on the website have no contractual value and therefore cannot engage the liability of the Seller.

The Buyer is solely responsible for the choice of products, their storage and their use.
The Seller shall not be considered liable or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

ARTICLE 9 - RETENTION OF TITLE

The SELLER expressly reserves ownership of the PRODUCTS until full payment of their price in principal, costs and accessories. In the event of rejection of payment or exceeding the agreed payment deadlines, the CUSTOMER must return to the SELLER, at its own expense, the unpaid PRODUCTS twenty-four (24) hours after receipt of a formal notice. The CUSTOMER undertakes, until the full price has been paid, to keep the PRODUCTS safe, to insure them and to identify them as the property of the SELLER.

ARTICLE 10 - DATA PROTECTION AND FREEDOM

In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Buyer are necessary for processing his order and for establishing invoices, in particular.
The processing of information communicated via the Seller's website has been declared to the CNIL.

The Buyer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.

The Seller is required to collect telephone data from consumers. According to Article L 223-2 of the Consumer Code, the Buyer is entitled to register on the list of opposition to telephone canvassing.

ARTICLE 11 - INTELLECTUAL PROPERTY

The content of the 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 infringement of copyright.

In addition, the Service Provider remains the owner of all intellectual property rights to the studies, designs, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing the services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, designs, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, which may make it conditional on financial compensation.

ARTICLE 12 - APPLICABLE LAW - LANGUAGE

By express agreement between the parties, this contract is governed by and subject to French law.
It is written in French. In the event that it is translated into one or more languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 13 - DISPUTES

All disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent courts under the conditions of common law. In the event of a dispute with professionals and/or traders, the French courts will have jurisdiction.

ARTICLE 14 - ACCEPTANCE BY THE BUYER – PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these General Conditions of Sale and all the information listed in Article L 111-1 of the Consumer Code and in particular the following information:

- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;

- the price of the Products and additional costs (delivery, for example);

- in the absence of immediate execution of the contract, the date or period by which the Seller undertakes to deliver the Product;

- information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,

- information relating to legal and contractual guarantees and their methods of implementation;

- the functionalities of the digital content and, where applicable, its interoperability;

- the possibility of resorting to conventional mediation in the event of a dispute;

- information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions;

- the accepted means of payment.

The fact that a natural person (or legal entity) places an order on the Seller's website implies full and complete adherence to and acceptance of these General Conditions of Sale, which is expressly acknowledged by the Buyer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
The Website complies with French legislation, and under no circumstances does Sarl EB INVEST give any guarantee of compliance with local legislation that may be applicable to you, if you access the Website from other countries.

APPENDIX - GUARANTEE OF CONFORMITY - LEGAL GUARANTEE AGAINST HIDDEN DEFECTS

Article L217-5 of the Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.

Article L217-4 of the Consumer Code

To comply with the contract, the property must:

- Be suitable for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model

- present 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 present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.