Terms and conditions of sale
Updated on November 07, 2021
Between :
The company RIDE ON EXPERIENCE,
SAS with share capital of €1,000, registered in the Bordeaux Trade and Companies Register under number 821 554 672, with registered office at 21 rue La Praya, Lège Cap Ferret, and represented by its Chairman, Mr. Samuel Raturat, duly authorized for the purposes hereof;
Hereinafter referred to as the " Vendor
And :
The Internet user is a natural person purchasing Products offered by the Vendor on the Site as a consumer.
Hereinafter referred to as " the Buyer
It has been explained and agreed as follows:
Article 1: Definition
Article 2: Scope of application
Article 3: Product Offers
Article 4: Order and payment terms
Article 5: Delivery
Article 6: Reservation of ownership
Article 7: Right of withdrawal
Article 8: Warranties
Article 9: Liability
Article 10: Customer service / mediation
Article 11: Intellectual property rights
Article 12: Protection of personal data
Article 13: Miscellaneous provisions
Article 14: Jurisdiction and applicable law
Article 1: Definitions
- GTC: refers to these General Terms and Conditions of Sale;
- Sales Order: shall designate all orders placed by the Buyer on the Site for Product(s);
- Account: refers to the personal online space created by the Internet User and/or the Buyer on the Site;
- Contract: refers to these General Terms and Conditions, the placing of the Order and the sale of the Products;
- Internet user: refers to any natural or legal person accessing and/or browsing the Site;
- Parties: together refer to the Buyer / Internet user and the Seller;
- Products: shall designate all products offered for sale by the Vendor, a list and a detailed description of which may be consulted on the Vendor's Site ;
- Customer Service: refers to the messaging and telephone service made available to the Buyer to help the Internet user choose Products, manage or cancel Sales Orders, accessible Monday to Friday from 10:30 to 14:00 and from 15:00 to 19:30, excluding public holidays;
- Site: shall designate the Internet site operated by the Vendor for the presentation and sale of its Products, and accessible at https://rideonexperience.com.
Article 2: Scope of application
2.1. Purpose of the GTCS
These GCS determine the rights and obligations of the Parties in the context of the online sale of Products offered by the Vendor via the Site.
They form an integral part of the Contract concluded between the Buyer and the Seller and are fully enforceable against the Buyer.
The Internet user and/or the Buyer declares that he/she is of legal age or the holder of parental authorization and has full legal capacity to contract legally under French law.
The Buyer acknowledges that all orders for Products must be placed for personal use, to the exclusion of any resale or professional use. Any Product Order placed for resale or professional use must be made by first contacting the sales department dedicated to professionals via the contact e-mail address pro@rideonexperience.com.
2.2. Acceptance of the GTCS
Prior to creating an Account and/or placing an Order on the Site, the Internet User and/or Buyer undertakes to read these general terms and conditions of sale, and where applicable, the special terms and conditions of sale relating to a specific Product, and to accept them without restriction or reservation. In this respect, the Vendor ensures that acceptance is clear and unreserved by providing a checkbox and a validation click.
In any event, any creation of an Account and/or placing of an Order on the Site implies express and unreserved acceptance of the GCS. The Buyer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs.
2.3 Modification of the General Terms and Conditions
The Seller reserves the right to modify the GTC at any time by publishing a new version on its Site.
In any event, the applicable GCS are those in force on the date of payment (or of the first payment in the case of payment by instalments) of the Order.
Article 3: Product Offers
3.1 Product characteristics
The Seller offers for sale through its Site Products related to electric mobility.
The essential characteristics of the Products, their prices as well as their conditions and mode of use, are made available to the Internet user and/or the Buyer on the Site. Contractual information relating to Products is presented in French.
The Internet user and/or the Buyer acknowledges that the illustrations or photos of the Products offered for sale have no contractual value.
The Products offered on the Site comply with current regulations relating to personal health and safety, fair trading and consumer protection.
3.2. Product prices
In accordance with article L.112-1 of the French Consumer Code, the Buyer is informed of the prices and specific conditions of sale of the Products before placing an Order.
The prices of Products sold on the Site are indicated in Euros, all taxes included, and are precisely determined on the Product description pages. These prices do not include delivery charges, packaging costs or the cost of other optional services subscribed to by the Buyer (which are charged extra). Any such costs are indicated to the Purchaser when the Order is placed, and in any event when the Order is confirmed.
Product prices are also indicated in Euros, inclusive of all taxes, on the Product order page. In any case, the total amount due by the Buyer is indicated on the Order confirmation page.
The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the Order.
The Internet user is also informed that the telecommunication costs necessary to access the Site remain at his or her own expense.
3.3. Product availability
Product offers presented by the Seller are valid as long as they appear on the Site and within the limits of available stocks.
The Seller undertakes to provide the Buyer with clear information on the Product presentation page as to the availability of the Product or any estimated restocking dates.
The Vendor undertakes to use its best endeavours to keep the Site up to date with Product stocks. In the event of an Order for a Product that proves to be unavailable, the Vendor will inform the Buyer, who may either agree on a new delivery date, request a credit note corresponding to the price of the Product, or request cancellation of the Order and full reimbursement.
Article 4: Order and payment terms
4.1. How to order
In accordance with the provisions of article 1127-1 of the French Civil Code, the Buyer is hereby informed that the Order is carried out in the following stages:
- The Buyer chooses one or more Products and adds them to his/her basket, selecting the options and the quantity. The basket can be freely modified before confirming the Order.
- To validate the Order, the Buyer must tick the box indicating acceptance of the GTCS, and click on "Proceed to payment".
- The Buyer is then invited to enter his/her contact details, or log in to his/her Account, and choose his/her delivery method.
- Once this information has been validated, the Buyer selects the payment method he/she wishes to use for the Order, and fills in the various payment details requested.
- Finally, the Purchaser must fill in the billing details, then click on "Confirm Order" to confirm the Order. Before confirming the Order, the Buyer may check the details of the Order, its price, correct any errors, or cancel the Order.
- The Order will be considered final after payment of the price by the Buyer. The Buyer will receive confirmation by email of payment and validation of the Order.
The terms and conditions of the offer are sent by email to the Buyer after validation of the Order and archived on the Vendor's Site. Communications, Orders, Order details and invoices are archived on a reliable and durable medium so as to constitute a faithful copy. This information may be produced as proof of the Contract.
The Vendor reserves the right to refuse any Order which it considers to be abnormal, made in bad faith or in fraud of the rights of a third party.
4.2 Terms of payment
4.2.1 Cash payment by credit card
The Purchaser may pay for his Order by credit card or bank transfer. Credit cards must be issued by French banks. Failing this, the bank card issued by a bank domiciled outside France must be an international bank card (Mastercard or Visa).
Payment is due immediately upon placing the Order, including for pre-ordered Products. Once payment has been made by the Buyer, the transaction is immediately debited after verification of the bank details. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable.
The Vendor guarantees the security and confidentiality of payment made on the Site by credit card by using a payment service provider to process payments, PayPlug, a Société par Actions Simplifiée (simplified joint stock company) under French law, whose registered office is located at 110 avenue de France,
75013 Paris and registered with the Paris Trade and Companies Register (RCS) under number 751 658 881 RCS Paris. PayPlug is the owner and manager of the www.PayPlug.fr or www.PayPlug.com website. It is hereinafter referred to as "PayPlug".
By providing his/her bank details when validating the Order, the Buyer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. In this respect, the Buyer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or of it being impossible to debit the card, the Order will be cancelled immediately, without the Buyer being able to claim any compensation in this respect.
4.2.2 Payment by bank transfer
For payment of the order by bank transfer, the Buyer will be redirected to a secure page providing details of our RIB (Relevé d'Identité Bancaire). The Buyer must initiate the transfer using the bank details provided on this page to complete payment of the total amount due indicated in his/her order. The Buyer undertakes to complete the transfer within three working days of order validation, failing which the order may be cancelled by the Vendor. The Vendor will confirm the order once payment has been received in full by the Vendor's bank account.
The Buyer confirms that he/she is the legal owner of the bank account to be debited and that he/she is entitled to make transactions from this account. In the event of non-receipt of funds due to incorrect bank details or insufficient funds, the order will be automatically cancelled, and the Buyer may not claim any compensation from the Seller for this reason.
4.2.3 Payment in instalments
The Buyer has the option of paying for the Order in several instalments, at no cost to the Buyer (two, three, four, six or ten instalments, depending on the Buyer's choice).
This staggered payment solution is offered by the Vendor's partner, ALMA, a simplified joint-stock company registered with the Nanterre Trade and Companies Register under number 839 100 575 and whose registered office is located at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine.
Payment in instalments without charge is reserved for (i) natural persons of legal age, (ii) holders of a Visa, Mastercard, American Express or Cartes Bancaires bank card issued by a French bank, (iii) valid at least 3 months after the first due date, and (iv) whose use is not subject to a request for prior authorization (in particular Visa Electron and Maestro cards). However, access to payment by instalments is subject to the decision of ALMA, which may refuse access to the Buyer in the event of suspected insolvency or fraud.
In the case of payment in instalments, the first instalment will be debited on the date the Order is placed, and subsequent instalments will be debited in accordance with the conditions specified by the Seller's payment partner at the time the Order is placed, i.e. ALMA.
The Buyer's rights of access and opposition may be exercised by contacting Alma SAS - Customer Service - 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine. For any questions regarding payment or reimbursement, the Buyer may contact Alma at support@getalma.eu .
The Buyer undertakes to ensure that the payment card used for payment by instalments is valid until the last instalment due date, and that there is a sufficient balance in the Buyer's bank account. The Vendor cannot be held responsible for any charges arising from early debit or insufficient balance on the Buyer's bank account.
When the Purchaser chooses to pay for his order in instalments via our payment partner ALMA, Ride On Experience incurs specific non-recoverable administrative and management costs. Consequently, if the Buyer decides to exercise his right of withdrawal after having validated his instalment payment, it should be noted that these costs, inherent to the setting up of the instalment payment plan, will not be refundable. The Buyer expressly agrees that any amount paid in this respect shall be retained by Ride On Experience as compensation for the costs incurred. This clause is applicable as soon as the initial payment has been validated and independently of the subsequent completion or cancellation of the order.
Article 5: Delivery
5.1. Terms of delivery
Products sold on the Site are available for delivery in mainland France, Corsica, European Union countries and outside the European Union, unless special restrictions apply. In any event, when the Purchaser selects the address of a country where delivery cannot be made, he/she is immediately informed of the impossibility of shipping the Product(s) to the address indicated and of continuing with his/her Order.
Delivery charges for the selected territory are specified when the Order is placed.
Delivery will be made to the address indicated by the Purchaser when placing the Order. In this respect, the Purchaser undertakes to provide accurate, truthful and up-to-date contact details.
The Products will be delivered according to the terms and conditions proposed and selected by the Buyer when placing the Order. A confirmation e-mail will be sent to the Purchaser once the Order has been validated, reminding him/her of the delivery terms and information enabling him/her to track his/her Order.
5.2. Delivery times
Orders placed before 12pm (midday) are dispatched within 48 working hours, unless otherwise specified on the product sheet.
The delivery times indicated do not take into account the time required to prepare the Order.
When delivery requires an appointment with the Buyer, the latter will be contacted directly by the carrier to agree on the delivery slot.
When the Buyer places an Order that includes several Products, the latter may be subject to different delivery times. In this case, the Vendor will ship the available Product(s) in a first shipment, and will send the other Products at a later date once they are available.
5.3. Delay in delivery
The Seller undertakes to use its best efforts to meet the delivery deadlines specified when the Order is placed. In the event of an Order for Products with different delivery dates, the latest delivery date will correspond to the latest delivery date.
In the event of a delay in delivery attributable to the Vendor, the Buyer will be informed by e-mail of the delay in delivery and the new estimated delivery time. The Buyer may also, in the event of late delivery, contact the Seller's Customer Service Department or send an e-mail to info@rideonexperience.com.
In the event of failure by the Vendor to deliver the Order within the agreed time, the Buyer may, after having unsuccessfully enjoined the Vendor to fulfil its delivery obligation within a reasonable additional time, terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium. The Vendor will then reimburse the sums paid by the Buyer in accordance with Article L 216-3 of the French Consumer Code.
The Vendor cannot be held responsible for the consequences of late delivery or loss of a parcel caused (i) by a third party to the transport contract, (ii) by the Buyer or (iii) by a case of force majeure as defined by the regulations in force and interpreted by the French courts.
The Vendor may also suspend delivery on its own initiative if payment by the Buyer is rejected by the card issuer, without the Buyer being entitled to claim any compensation in this respect.
5.4. Product not received
In the event of non-receipt of a parcel dispatched within the time limits indicated, the Buyer may notify the Vendor via Customer Service or by email to info@rideonexperience.com so that an inquiry can be made with the carrier.
This operation may take up to twenty-one (21) working days from the date of opening of the investigation. If the Product is found during this period, it will be redirected to the address initially provided when the Order was placed. On the other hand, if the parcel is not found at the end of this period, it will be considered lost by the carrier. In this case, the Buyer will be reimbursed for the sums paid within one (1) month of the end of the investigation period. No refunds or returns will be made during the investigation period.
In the event of non-receipt of a parcel shipped and indicated as "delivered" or "received" by the carrier's tracking system, the Buyer has 2 days to inform the Seller via Customer Service or by email at info@rideonexperience.com that the parcel has not been delivered, so that an investigation can be carried out with the carrier.
This operation may take up to twenty-one (21) working days from the date of opening of the investigation. If the Product is found during this period, it will be redirected to the address initially provided when the Order was placed. On the other hand, if the parcel is not found at the end of this period, it will be considered lost by the carrier. In this case, the Buyer will be reimbursed for the sums paid within one (1) month of the end of the investigation period. No refunds or returns will be made during the investigation period.
5.5. Receipt of Products
Upon receipt of the Products, the Buyer undertakes to check the conformity of the Products delivered with the Order and, failing this, to indicate on the delivery note, in the form of handwritten reservations accompanied by the signature of the person who received the Order, any anomaly concerning them.
The Buyer is informed that the risks of loss or damage to the Products are transferred to him when he, or any third party designated by him, takes physical possession of the Products.
When the Buyer entrusts the delivery of the Products to a carrier other than the one proposed by the Seller, the risks of loss or damage to the Products are transferred to the Buyer when the Products are handed over to the carrier.
The Buyer is informed that delivery of the Products does not include commissioning, demonstration or installation of the Products.
Article 6: Reservation of ownership
Notwithstanding article 1583 of the French Civil Code, Products sold and delivered remain the full property of the Vendor until full payment of the price by the Buyer.
Default of payment by the Buyer will result in the immediate return of the Products delivered at the Buyer's expense, risk and peril.
Article 7: Right of withdrawal / Order cancellation
7.1. How to exercise the right of withdrawal
In accordance with the legal provisions in force, the Buyer has the right to withdraw, without giving any reason, within a period of fourteen (14) days from the date of receipt of the Products. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed. On a commercial basis, and in the event of a valid exercise of the right of withdrawal, the Vendor will bear the cost of returning the Products at the request of the Buyer, and will send him/her a prepaid return label for this purpose.
The Buyer must notify his decision to withdraw by means of an unambiguous declaration. For this purpose, the Buyer may use the model declaration of withdrawal in Appendix 1 hereto.
This decision to cancel must be sent to the Seller by email to info@rideonexperience.com, or by registered post to: RIDE ON EXPERIENCE - Service Clients - 34 rue Faidherbe, 75011 Paris.
7.2. Effects of the right of withdrawal
Returns of Products must be made in their original condition and complete (packaging, accessories, instructions); they must be accompanied by a copy of the proof of purchase and sent to the following address: RIDE ON EXPERIENCE - Customer Service - 34 rue Faidherbe, 75011 Paris.
The Seller has the right to refuse the return and refund of a non-conforming and/or damaged Product.
In the event of a valid exercise of the right of withdrawal, the Vendor will reimburse the sums paid within fourteen (14) days following notification to the Vendor of the decision to withdraw, subject to the return of the Product delivered.
The refund will be made via the payment method used by the Buyer when placing the Order.
7.3. Limitation of the right of withdrawal
The Buyer is informed that in accordance with the provisions of article L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for personalized items.
7.4. Cancellation of an Order
The Buyer may cancel his/her Order within forty-eight (48) working hours following the time the Order was placed, without having to justify his/her decision. This cancellation request may be sent to Customer Service or by e-mail to info@rideonexperience.com.
If the Order has not yet been dispatched, the Seller will cancel the Order and refund the sums paid, which will be effective within fourteen (14) days of the cancellation request.
If the order has been dispatched, the Vendor will ask the Buyer to refuse the parcel on delivery, and will proceed to reimburse the sums paid on receipt of the parcel in its warehouses.
The refund will be made via the payment method used by the Buyer when placing the Order.
Article 8: Warranties
8.1 Legal warranties
Independently of any commercial warranty, the Vendor remains liable for defects in conformity and latent defects in the Products sold, in accordance with articles L.217-3 to L.217-4 of the French Consumer Code, and 1641 to 1649 of the French Civil Code. In order to provide the Buyer with clear information, the provisions relating to the applicable legal warranties are reproduced in Appendix 2 of these GCS.
In particular, the Vendor reminds the Buyer :
- has a period of 2 years from delivery of the goods to take action against the Seller;
- that he/she may choose between replacing or repairing the good, subject to the conditions set forth in Article L.217-9 of the French Consumer Code;
- that he is exempted from proving the existence of the lack of conformity of the good during the two years following the delivery of the good.
The Vendor thus undertakes to refund the Buyer or exchange any defective Products or Products that do not correspond to the Order placed.
The request for refund must be made by email to support@rideonexperience.com, or by registered mail to the address: RIDE ON EXPERIENCE - Siège social - 21 rue la Praya, 33950 Lège Cap Ferret. The Buyer undertakes to describe precisely the reasons justifying the non-conformity.
Any return of Products under the legal guarantees specified above must be sent to the following address: RIDE ON EXPERIENCE - Service Support - 8 rue Capitaine de Bresson, 05000 Gap.
The implementation of these guarantees is free of charge for the Buyer.
Important: the legal warranty of conformity does not cover :
- Products that have undergone technical and/or mechanical modifications;
- Products whose general condition and breakdowns demonstrate inappropriate use;
- Products that have been subjected to water, physical or electrical shock. Products opened or modified without the authorization of Ride On Experience after-sales service.
In order to benefit from this warranty, your product must be in new condition, i.e. without any trace of wear and tear, and in its original packaging with all accessories.
This warranty is not transferable on products sold second-hand.
By invoking this warranty, you do not have to prove the defect, and you are aware that we can contest your claim by proving that the defect appeared after the purchase of the product.
When you buy a product from us, we guarantee it against hidden defects. There is a legal guarantee for this: the legal guarantee against hidden defects. This guarantee applies if several conditions are met: the defect was hidden, it existed at the date of purchase and it renders the product unusable. You must prove the existence of the defect. You have a period of 2 years from the date of discovery of the defect. In accordance with the legal provisions in force, we will refund, exchange or compensate any product covered by this warranty.
8.2 The manufacturer's warranty
In addition to legal warranties, the Onewheel is guaranteed by the manufacturer Future Motion with the specifications below.
The Onewheel Pint / Pint X / XR
This agreement describes the LIMITED WARRANTY coverage provided by Future Motion Inc, hereinafter referred to as THE COMPANY, to THE USER, who is defined as an individual who has purchased the Onewheel Pint / Pint X / XR (hereinafter referred to as the PRODUCT) from a retail establishment or via an online store approved by the COMPANY (the RESELLER), or from a sales representative authorized by the COMPANY. The purchase of any PRODUCT from an unauthorized reseller, including any online purchase other than directly from the COMPANY, will void all product warranties to the extent permitted by law.
The COMPANY warrants that the PRODUCT, with the exception of the footrest, tire and battery, will be free from defects in materials and workmanship for a period of 12 months/2000 km, whichever occurs first. The warranty for the footrest, tire and battery is 6 months/1000 km.
If the PRODUCT proves to be defective AND a claim is made during the warranty period, the COMPANY may, at its sole discretion :
01 repair the PRODUCT by means of telephone assistance, e-mail assistance or by providing service without charge for parts or labor;
02 replace the PRODUCT with a comparable PRODUCT, which may be new or reconditioned;
03 refund the initial amount paid for the PRODUCT, less a reasonable usage fee, once the PRODUCT has been returned.
The COMPANY recommends that the USER first use the documentation supplied with the PRODUCT, the PRODUCT diagnostics, the information on the Internet and e-mail assistance. In the event of failure to obtain service under this WARRANTY, the USER must notify the COMPANY or its authorized service.
Future Motion and/or Ride On Experience provide fee-based repairs for out-of-warranty products.
Ride On Experience can accompany the USER who wishes to make use of the present warranty to the manufacturer Future Motion Inc. This accompaniment can be invoiced to the USER.
All sales are final.
COMPONENTS | WARRANTY PERIOD | NOTES |
Onewheel Pint / Pint X / XR | 1 year | Parts not listed separately |
Footrest, tire, battery | 6 months |
THE FOLLOWING ITEMS ARE NOT COVERED BY THE WARRANTY
- Total mileage over 2000 km
- Damage caused by modification or use other than that specified in the user's manual.
- The product's barcode or serial number has been modified or deleted.
- Warranty registration is incompatible with the product itself.
- The product has been disassembled or repaired by an unauthorized third party.
- Water damage is not covered by the warranty.
- Damage or failure has been caused by other problems (excluding design, manufacturing, product quality, etc.).
- Natural wear and tear that does not affect the operation of the product (including scratches and wear to frame rails, footrests, tires, etc.).
- The damage was caused by accidents or human error, such as breakage due to falls or rust in a very humid environment.
- The damage was caused by an overload of the Onewheel.
- Damage caused by force majeure, such as fire, flood, earthquake, frost, etc.
- Products purchased from an unauthorized dealer
The Onewheel GT and GTS
This agreement describes the LIMITED WARRANTY coverage provided by Future Motion Inc, hereinafter referred to as THE COMPANY, to THE USER, who is defined as an individual who has purchased the Onewheel GT (hereinafter referred to as the PRODUCT) from a retail establishment or via an online store approved by THE COMPANY (the RESELLER), or from a sales representative authorized by THE COMPANY. The purchase of any PRODUCT from an unauthorized reseller, including any online purchase other than directly from the COMPANY, will void all product warranties to the extent permitted by law.
The COMPANY warrants that the PRODUCT, with the exception of the footrest, tire and battery, will be free from defects in materials and workmanship for a period of 12 months/2000 km, whichever occurs first. The warranty for the footrest, tire and battery is 6 months/1000 km.
If the PRODUCT proves to be defective AND a claim is made during the warranty period, the COMPANY may, at its sole discretion :
01 repair the PRODUCT by means of telephone assistance, e-mail assistance or by providing service without charge for parts or labor;
02 replace the PRODUCT with a comparable PRODUCT, which may be new or reconditioned;
03 refund the initial amount paid for the PRODUCT, less a reasonable usage fee, once the PRODUCT has been returned.
The COMPANY recommends that the USER first use the documentation supplied with the PRODUCT, the PRODUCT diagnostics, the information on the Internet and e-mail assistance. In the event of failure to obtain service under this WARRANTY, the USER must notify the COMPANY or its authorized service.
Future Motion and/or Ride On Experience provide fee-based repairs for out-of-warranty products.
Ride On Experience can accompany the USER who wishes to make use of the present warranty to the manufacturer Future Motion Inc. This accompaniment can be invoiced to the USER.
All sales are final.
COMPONENTS | WARRANTY PERIOD | NOTES |
Onewheel GT and GTS | 1 year | Parts not listed separately |
Footrest, tire, battery | 6 months |
THE FOLLOWING ITEMS ARE NOT COVERED BY THE WARRANTY
- Total mileage over 2000 km
- Damage caused by modification or use other than that specified in the user's manual.
- The product's barcode or serial number has been modified or deleted.
- Warranty registration is incompatible with the product itself.
- The product has been disassembled or repaired by an unauthorized third party.
- Water damage is not covered by the warranty.
- Damage or failure has been caused by other problems (excluding design, manufacturing, product quality, etc.).
- Natural wear and tear that does not affect the operation of the product (including scratches and wear to frame rails, footrests, tires, etc.).
- The damage was caused by accidents or human error, such as breakage due to falls or rust in a very humid environment.
- The damage was caused by an overload of the Onewheel.
- Damage caused by force majeure, such as fire, flood, earthquake, frost, etc.
- Products purchased from an unauthorized dealer
Article 9: Liability
The Seller shall not be held liable for non-performance of the Contract due to a case of force majeure, as defined by current regulations and interpreted by the French courts, the fault of the Buyer or the unforeseeable and insurmountable act of a third party.
The Vendor may not be held liable in the event of non-conforming use of the Products by the Buyer.
Similarly, the Vendor may not be held liable for indirect damage such as, but not limited to, loss of earnings, loss of use, commercial loss, loss of material, and in general any damage that could not have been foreseen when using the Site or placing an Order.
When a defective Product has caused damage to the Buyer, the compensation paid to the Buyer will be limited to the replacement price of the defective Product.
Article 10: Customer service / Mediation
10.1. Customer service
The Buyer may submit any questions or complaints by contacting the Seller's customer service department using the following contact details: by email to info@rideonexperience.com, or by registered post to: RIDE ON EXPERIENCE - Service Clients - 21 rue la Praya, 33950 Lège Cap Ferret.
When the Buyer contacts the Vendor's customer service department regarding an Order in progress, he/she undertakes to provide the Order number and contact details in order to speed up the processing of the request. The Vendor's customer service will endeavour to propose a solution to the Buyer within seven (7) days of contact.
10.2. Mediation
In the event of failure to lodge a complaint with the Vendor's customer service department, or in the absence of a response within two months, the Buyer may submit the dispute to a mediator under the conditions set out in Articles L.611-1 et seq. of the French Consumer Code.
The solution proposed by the mediator is not binding on the Parties, who remain free to terminate the mediation process at any time.
The Buyer may also contact the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr, which will independently attempt to bring the Parties together to reach an amicable solution.
Article 11: Intellectual property rights
1. General
The entire content of the rideonexperience.com site, including without limitation images, designs, logos, icons, text, audio and video clips, as well as their selection and organization (hereinafter referred to as the "Content"), is the exclusive property of RIDE ON EXPERIENCE, its affiliates or its content providers, protected by French and international copyright, trademark and other intellectual property laws and proprietary rights.
2. Authorized use
The Contents are provided solely for the information and personal use of users and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or exploited for any other purpose without the prior written consent of RIDE ON EXPERIENCE. RIDE ON EXPERIENCE grants a limited, non-exclusive, revocable and non-transferable license to the User to view the Content on the Site for the User's personal, non-commercial use, subject to compliance with all terms and conditions set forth in these TOS.
3. Trademark and Copyright Protection
The trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of RIDE ON EXPERIENCE and third parties, and are protected by French and international trademark laws. Nothing contained in these T&Cs should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site without the written permission of RIDE ON EXPERIENCE or such third party that may own the trademark displayed on the Site.
4. Violations
Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. [Name of your company] reserves the right to pursue any legal action necessary to prevent any violation of these terms and to protect its intellectual property rights.
5. Notification of Intellectual Property Infringement
If you are the holder of copyright or other intellectual property rights and believe that your rights have been infringed via the site, we invite you to notify us immediately. The notification must contain the following information: a detailed description of the copyrighted work you believe to have been infringed; a description of the location on the site of the work you believe to be infringing; your contact information, including address, telephone number and, if available, an e-mail address; a statement in good faith that the disputed use is not authorized by the copyright owner, its agent or the law; an affidavit stating that the information in the notification is accurate and that you are the copyright owner or authorized to act on its behalf.
The Internet user and/or the Buyer acknowledges that all trademarks, domain names, products, software, images, videos, texts or more generally any distinctive sign and any content subject to intellectual property rights are and remain the exclusive property of the Seller or the holder of the rights concerned. No transfer of intellectual property rights is made through these GTC.
Any total or partial reproduction, modification or use of these signs other than for the use of the Products is strictly forbidden without the express prior written consent of the holders of the rights concerned.
Article 12: Protection of personal data
The use of the Site and the placing of an Order under the conditions described in the GCS entail the processing by the Vendor and, where applicable, its partners, of the personal data of the Internet User and/or the Buyer.
The terms and conditions of this processing are detailed in the Privacy Policy, which forms an integral part of the GTCS.
Article 13: Miscellaneous provisions
The fact that one of the Parties does not avail itself of a provision of the GCS does not in any way imply waiver of the benefit of the said clause.
The nullity, unenforceability or, more generally, the lack of effect of one of the stipulations of the Contract shall not affect the remainder of the Contract, which shall be performed as if the stipulation had never existed, provided that the stipulation does not constitute a determining condition of the consent of a Party and that it does not compromise the balance of the Contract.
Any contractual modification is only valid with the prior written agreement of the other party.
Article 14: Jurisdiction and applicable law
The GCS are governed by French law and current French standards.
Any dispute relating to the conclusion, interpretation, application or termination of the GTCS shall fall within the exclusive jurisdiction of the French courts.
APPENDIX 1
SAMPLE CANCELLATION FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of RIDE ON EXPERIENCE - Service Clients - 36 rue Faidherbe, 75011 Paris, info@rideonexperience.com,
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods: _____________________________________________________________
Ordered on ______________________/received on ____________________________ :
Name of consumer(s): _____________________________________________________
Address of consumer(s): ___________________________________________________
________________________________________________________________________________
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
APPENDIX 2
Legal warranty of conformity (extract from the French consumer code)
Article L217-4:
The seller delivers goods in conformity with the contract and is liable for any defects in 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 the latter is his responsibility under the contract or was carried out under his responsibility.
Article L217-5:
The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-9:
In the event of a lack of conformity, the buyer can choose between repair and replacement.
However, the seller may not proceed according to the buyer's choice if this choice would entail a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible.
Article L217-10:
If repair and replacement are impossible, the buyer can return the goods and have the price refunded, or keep the goods and have part of the price refunded.
The same option is available to him:
1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be found without major inconvenience for the customer, given the nature of the good and the use he is seeking.
However, the sale cannot be rescinded if the lack of conformity is minor.
Article L217-12:
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Warranty against defects in the goods sold (extract from the French Civil Code)
Item 1641 :
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1644 :
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.
Article 1648 :
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.