Terms of Sales
Updated on 05/15/2024
Preamble
The company LION DISTRIBUTION ( owner of the EOVOLT brand), simplified joint stock company with capital of 10,810.00 euros, whose head office is located at 4 Place Amédée Bonnet 69002 LYON, identified in the Lyon Trade and Companies Register under number 833 915 630 RCS Lyon, offers bicycles for purchase on its website electric folding and compact as well as accessories and services. For any questions, you can contact EOVOLT by telephone at +33465844698 or by email to the following address: hello@eovolt.com
1 - Definitions
Each of the terms mentioned below will have the following meaning in these General Conditions:
Customer : means any adult natural person, qualified as a consumer within the meaning of the Consumer Code (“any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity”) , having placed one or more Order(s).
Order : designates the agreement, given by a Customer to EOVOLT, relating to a Product and/or a Service, via the Website, upon payment of a lump sum.
Customer Account : designates an account created by a Customer on the Website, with a view to completing an Order.
General Conditions : refer to these general conditions of sale.
Partners : designate third party legal entities in relation to EOVOLT offering their Services via the Website.
Party(ies) : designate(s) the Client and/or EOVOLT.
Confidentiality Policy : refers to the EOVOLT confidentiality policy accessible below: https://eovolt.com/pages/politique-de-confidentialite
Product : designates an electric bicycle or an accessory presented on the Website and intended for sale to the Customer.
Services : refer to the services provided to the Client by the Partners, consisting of insurance products which may be sold with the Products, at the Client's choice. The Services are subject to the contractual conditions of the Partners to which EOVOLT is not a party.
Website : designates the website, owned by EOVOLT, designated under the domain name www.eovolt.com (or any other that may replace it).
2. Purpose
2.1 The General Conditions govern (i) the conditions of sale to the Customer of Products supplied by EOVOLT, (ii) the rights and obligations of EOVOLT and the Customer as defined below.
2.2 These General Conditions take precedence over any other document. They therefore constitute the entirety of the terms and conditions on which the Customer and EOVOLT have agreed. They replace all documents, prior agreements and previous communications, including verbal or of any other nature.
3. Duration
3.1 These General Conditions apply for an indefinite period.
3.2 They come into force from the date of their acceptance by the Customer.
4. Acceptance and modification of the General Conditions
4.1 The General Conditions are communicated to the Customer when they connect to the Website. They are also available during the creation of the Customer Account by the Customer and the Order process by the Customer.
4.2 By clicking on the “Accept” button, the Customer acknowledges having read and declares 1 to accept all the stipulations mentioned in the General Conditions.
4.3 Any Order for Products or Services, delivery of Products or performance of Services assumes unreserved acceptance and compliance with all of the terms of these General Conditions by the Customer.
4.4 The applicable General Conditions are those in force on the day of the Order for the Customer.
4.5 EOVOLT reserves the right to modify the General Conditions partially or totally, for the needs and according to the evolution of the Products and Services, at any time. However, these new General Conditions will only apply to Orders subsequent to the date of entry into force of these new General Conditions, unless they have been notified by EOVOLT and accepted by the Customer.
4.6 The Client certifies having the capacity to accept the General Conditions and undertakes to respect them.
4.7 If he accepts the General Conditions on behalf of a legal entity, the Customer certifies that he has the right and authority to do so.
5. Order conditions
5.1 Characteristics of the Products and Services
5.1.1 In accordance with article L. 111-1 of the Consumer Code, the Customer may, prior to his Order, read, on the Website, the essential characteristics of the Products and Services he wishes to order.
5.1.2 The Customer can select one or more Products and/or Services from the different categories offered on the Website.
5.1.3 The offers presented by EOVOLT are valid while stocks last.
5.1.4 EOVOLT presents the essential characteristics of the Products and Services offered for sale in order to inform the Customer. Photographs or graphic representations illustrating the Products and Services are not contractual.
5.2 Creation of the Customer Account
5.2.1 Before placing any Order, the Customer must first create a Customer Account by providing a valid email address, or connect to their Customer Account using their email address and password provided during its creation.
5.2.2 The data requested by EOVOLT is collected for the purposes of the proper delivery of the Products and execution of the Services. Therefore, the Customer is informed that the requested information must be duly provided by him before any delivery of Products or performance of Services.
5.2.3 EOVOLT reserves the right to ask the Customer for any missing or additional information necessary for the proper delivery of the Products or execution of the Services.
5.2.4 The information provided must be complete, accurate and up to date, for which the Customer guarantees. In the event of a modification of any of the information provided between the day of the Order and that of delivery of the Products or during the Services, the Customer undertakes to update this information in order to maintain its accuracy by informing EOVOLT of the modifications. to be brought at least 5 days before delivery of the Products and/or Services.
5.2.5 The Customer remains solely responsible for the use that may be made of his Customer Account, and therefore undertakes to keep his identifiers and password strictly confidential.
5.2.6 Once the Customer Account has been created or the connection to the Customer Account established, the Customer can place the Order and pay the price of the Products and Services online.
5.3 Order Confirmation
5.3.1 The Customer who intends to order Products and/or Services offered by EOVOLT selects said chosen Product and/or Services and adds them to his basket. He repeats the operation for each of the Products and/or Services he wishes to order.
5.3.2 Before validating their Order, the Customer consults their basket which recalls the essential characteristics of the Products and/or Services ordered. At this stage, he can modify his order by deleting or adding Products and/or Services.
5.3.3 If the Customer decides to purchase the chosen Products and/or Services, after validating the basket, he/she completes the sections relating to his/her Customer Account, the delivery method and his/her means of payment.
5.3.4 Any Order must be validated by EOVOLT, evidenced by the Customer's receipt of an email notifying it.
5.3.5 EOVOLT also reserves the right to study on a case-by-case basis and to accept or refuse any Order for which deliveries must take place outside Metropolitan France, in particular with regard to the specific legislation applicable in the country concerned. , which the Customer expressly acknowledges and accepts.
5.3.6 In the event of refusal of an Order by EOVOLT in this context, the Customer will be informed as soon as possible and, where applicable, EOVOLT will reimburse the price already paid and debited.
5.4 Payment
5.4.1 Delivery of Products and performance of Services is subject to completion and validation of online payment of the price indicated during the Order process on the Website.
5.4.2 Payment of the price of the Products and Services must be made online from the Website by credit card or via Paypal. Any request for payment by another payment method will be refused by EOVOLT. If you use the bank card of another cardholder, you confirm that you have authorization to use this bank card in order to make the purchase from EOVOLT and proceed to payment. If the issuer of your bank card refuses to approve your payment, EOVOLT cannot then be held responsible for any delays in delivery and/or non-delivery of your order.
5.4.3 All prices indicated on the Website are inclusive of VAT and denominated in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits.
5.4.4 Shipping costs will be indicated and added to the total amount of the order each time the buyer takes an order. The amount of shipping costs will vary depending on the destination of the order.
5.4.5 Deliveries of Products outside France may be subject to possible taxes and customs duties. These possible customs duties and taxes linked to the delivery of the Products are the responsibility and are the sole responsibility of the Customer. EOVOLT is not required to check and inform Customers of customs duties and taxes applicable depending on the country of delivery. To find out about them, EOVOLT advises the Customer to obtain information from the competent authorities of the country of delivery.
5.4.6 EOVOLT reserves the right to modify its prices at any time, it being understood, however, that the price indicated on the day of the Order will be the only one applicable to the Customer.
5.4.7 At the stage of payment of the price, the Customer can enter the gift code or discount code that he has in his possession. No promotional code can be combined with the Spring Offer promotion. Any invalid code and any other form of discount requested by the Customer from EOVOLT may be refused by EOVOLT.
5.4.8 Once the bank payment details have been provided, the Customer is invited to verify and validate the Order.
5.4.9 The Customer's bank card will only be debited once the Order is validated by EOVOLT, in accordance with the terms of article 5.3.4.
5.4.10 EOVOLT offers its customers the Younited credit service for the settlement of their purchases and the execution of payment. This is subject to the customer's acceptance of the credit agreement proposed by Younited.
EOVOLT acts as Younited's banking agent. EOVOLT provides its assistance in carrying out credit transactions without acting as a lender or insurance broker.
If Younited refuses to grant credit for an order, the order may be cancelled.
Any termination of the GTC between the customer and [the Seller] shall result in the termination of the credit agreement between Younited and the customer.
The amount is paid by a credit granted by Younited registered on the REGAFI under number 13156, approved as a credit institution by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place de Budapest - CS 92459 - 75436 PARIS CEDEX 09 - www.acpr.banque-france.fr).
If you wish to make a complaint, please refer to the information specified on the Younited website: https://www.younited-credit.com/media/202352/politique-de-gestion-des-reclamations_site-yc_2023-vf.pdf
EOVOLT acts as Younited's banking agent. EOVOLT provides its assistance in carrying out credit transactions without acting as a lender or insurance broker.
If Younited refuses to grant credit for an order, the order may be cancelled.
Any termination of the GTC between the customer and [the Seller] shall result in the termination of the credit agreement between Younited and the customer.
The amount is paid by a credit granted by Younited registered on the REGAFI under number 13156, approved as a credit institution by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place de Budapest - CS 92459 - 75436 PARIS CEDEX 09 - www.acpr.banque-france.fr).
If you wish to make a complaint, please refer to the information specified on the Younited website: https://www.younited-credit.com/media/202352/politique-de-gestion-des-reclamations_site-yc_2023-vf.pdf
6. Delivery
6.1 Bicycle delivery (only in France)
6.1.1 The products presented on the website may be available for “click & collect” delivery as soon as your Basket includes at least one bicycle.
6.1.2 When selecting a product to purchase, you will be asked to choose your preferred store to collect your order from. This delivery is only available in France.
6.1.3 Delivery times generally observed are generally 10 working days maximum subject to validation of the order. Any possible excess cannot give rise to damages, deduction or cancellation of the order by the buyer.
6.1.4 Delivery times stated on the Website assume that the product concerned is in stock. If we do not have a product you ordered in stock, we will notify you as soon as possible and provide you with an estimated date when the product will be shipped. If you do not agree to the new shipping date, you will have the right to cancel your order and receive a refund.
6.1.5 Your chosen store will notify you directly once your product is ready for collection. You will be able to collect your product within 15 (fifteen) days. If you have not collected your product within this time, we will attempt to contact you for further instructions and may charge you for reasonable storage costs and, if applicable, any resulting delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange order collection or delivery, we will have the right to cancel your order and refund you the price paid less any losses.
6.1.6 Please note that you will be asked to provide your order number and proof of identity when collecting your order.
6.1.7 Once you have collected your product, the risk in that product passes to you and you are responsible for its safety.
6.2 Delivery of accessories
6.2.1 Deliveries of Products will be made to the address indicated by the Customer to EOVOLT during the Order anywhere in Europe.
6.2.2 If all or part of the information necessary for delivery provided turns out to be incorrect, forcing the carrier to return the Products to EOVOLT, it will be up to the Customer to bear the costs and consequences.
6.2.3 Delivery times generally observed are generally 48 to 72 hours for France depending on the times announced by the carrier for Europe. However, these deadlines are given as an indication and are likely to vary in particular depending on the place of delivery and the delivery method chosen . Any possible excess cannot give rise to damages, deduction or cancellation of the order by the buyer.
6.5 Delivery times announced during the Order are indicated in working days and subject to validation of the Order.
6.6 Delivery times stated on the Website assume that the product concerned is in stock. If we do not have a product you ordered in stock, we will notify you as soon as possible and provide you with an estimated date when the product will be shipped. If you do not agree to the new shipping date, you will have the right to cancel your order and receive a refund.
6.7 For any delivery error, the consumer must make to EOVOLT, on the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. Any complaint made after this deadline will be rejected. The complaint will be made via the following address: hello@eovolt.com
7. Services
7.1. The Customer can subscribe to the Services via the Website. Where applicable, he undertakes to accept the Partner's contractual terms.
7.2. The Customer is reminded that the Services are not provided by EOVOLT but by its Partners, with whom they will be contractually bound.
8. Right of withdrawal
8.1. In accordance with the provisions of the Consumer Code, the Customer, if he is a consumer, benefits from a right of withdrawal.
8.2. The withdrawal period expires 14 (fourteen) calendar days after the day on which the Customer, or a third party designated by him other than the carrier, takes physical possession of the Products. When the Products are delivered in several batches or pieces, the withdrawal period expires 14 (fourteen) calendar days after the day on which the Customer takes physical possession of the last batch or the last piece.
8.3. To exercise his right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or email).
8.4. The Customer must return the Products in their original packaging or in the packaging provided by EOVOLT, without undue delay and in no case after 14 calendar days from the day on which the Customer informed EOVOLT of his withdrawal from the contract. The deadline is met if the Customer returns the Products before the expiration of the period of 14 calendar days.
8.5. the Products must be returned unused, undamaged and in perfect condition. The Customer is responsible for the reduction in the value of the goods resulting from handling other than that necessary to determine the nature, characteristics and functioning of the Products. Installing the pedals and adjusting the handlebars or saddle may cause small scratches. To the extent that these actions are not necessary to determine the nature, characteristics and operation of the bicycle, the Customer is responsible to EOVOLT for any reduction in value caused by these actions.
8.6. Returns that do not meet these criteria will not be refunded and remain available to the consumer at our premises.
8.7. EOVOLT will refund the purchase price of the Products, at the latest within 14 calendar days from the day EOVOLT receives the returned Products.
8.8. EOVOLT will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless EOVOLT and the Customer expressly agree on a different means.
9. Transfer of ownership
9.1 The transfer of ownership of the seller's products, for the benefit of the customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said products.
9.2 Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
10. Liability and guarantees
10.1. Product unavailability
In the event of unavailability of the ordered product, in particular due to our suppliers, the consumer will be informed as soon as possible and will have the possibility either to cancel their order or to transform it. In the event of cancellation of an order, we undertake to reimburse you as soon as possible, or to transform it into a voucher.
10.2. Guarantee
10.2.1 The frame is guaranteed for 5 years from the invoice date, the electrical system is guaranteed for 2 years from the invoice date and the battery is guaranteed for 2 years from the invoice date.
10.2.2 By registering your bike, you benefit from the warranty extension which will extend it for an additional 5 years. Your bike (frame and fork) will then be guaranteed for 10 years. The warranty on the motor, battery, controller and display will remain unchanged and will be limited to 2 years from the date of purchase. To obtain the extended warranty, complete the form here . Registering your bike can be done at any time after purchase.
10.2.3 Any Product altered, modified, repaired or transformed is not covered by the warranty. The warranty does not apply to damage or failure caused by accident, abuse, neglect or modification of the frame or components. The warranty is excluded in the event of misuse or abnormal use of the Product. The warranty does not cover worn parts, normal wear and tear, improper assembly, or improper installation of parts or accessories.
10.2.4 The warranty does not cover damage to parts showing visible signs of impact, due to a cause unrelated to the quality of the bicycle (accident, impact, fall, etc.).
10.2.5 The warranty does not cover damage caused by repairs or modifications carried out by the user or unauthorised technician. Modification of any component of the bicycle (frame and/or parts, including paintwork) may result in serious injury.
10.2.6 The warranty does not cover damage resulting from poor maintenance.
10.2.7 The warranty does not apply to the following wearing parts: - Tyres - Hydraulic and lubricating oils 18 - Brake linings and rear light (batteries) - Chains and toothed belts - Handlebar linings - Sprockets, bottom bracket axles and derailleur pulleys - Paintwork - Gear and brake cables - Battery - Bearings and plain bearings.
10.2.8. The warranty does not apply to vehicles that have been de-bridged. The bicycle is considered to be unbridled if its motor provides more than 250 W of power and if its electric assistance does not cut out after 25 km/h.
10.2.9 If the Customer is a consumer within the meaning of the French Consumer Code, they may exercise the guarantee of conformity set out in articles L.217-1 et seq. of the French Consumer Code for a period of two years from delivery of the Products. The Customer may choose to replace the Products. The Customer is exempt from having to prove the existence of the lack of conformity of the goods for 24 months following delivery of the goods.
10.2.10 The Customer may also make use of the guarantee against hidden defects in the Products within the meaning of article 1641 of the French Civil Code. If it so wishes, the Customer shall have a period of two years from the discovery of the defect to take action against EOVOLT.
10.2.11 In such a case, the Customer shall have the choice between rescission of the present contract or a reduction of the price in accordance with article 1644 of the Civil Code.
11. Force majeure
11.1. The liability of each of the Parties cannot be incurred or sought in the event that the execution of one of its obligations is prevented or delayed due to a case of force majeure, as assessed by case law and defined in article 1218 of the Civil Code, including in particular natural disasters, fires, acts, decrees, legislation, regulations or restrictions of all governments (in particular implemented in cases of epidemics or pandemics), malfunctions or interruptions of the network telecommunications or the electrical network.
12. Customer Service
12.1. Any request made by the Customer to EOVOLT, whatever its form and purpose, must be made to the following contact details:
6 rue Georges Besse, 69740 GENAS
Email address: hello@eovolt.com
Telephone number: +33465844698
13. Waiver
13.1. The fact that EOVOLT does not assert a right or a provision of the General Conditions cannot be interpreted as a waiver to avail itself of it subsequently.
14. Applicable law
14.1 These general conditions are subject to French law. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the consumer will contact EOVOLT as a priority to obtain an amicable solution.
15. Other General Conditions of EOVOLT
15.1 Spring Offer - Promotion
15.1.1 The promotion is only valid for the purchase of an Evening bike in store or online. The price of the Evening then decreases from €2099 to €1499.
15.1.2 The promotion begins on Monday 15 April. Eovolt reserves the right to adjust the end date of the promotion based on demand and product availability. Any adjustments will be communicated on the website.
15.1.3 The promotion only applies to France, Germany and Belgium.
15.1.4 Participation in the promotion is subject to these general conditions.
15.1.5 No promotional code can be combined with the Spring Offer promotion.
15.1.6 More information on the Spring Offer offer here