GENERAL TERMS AND CONDITIONS OF SALE
- Preamble
- Definition
- Object
- Creating an account
- How to order - Placement
- How to order - Confirmation
- How to order - Product prices
- Payment
- Delivery
- Conformity - Warranty - Right of withdrawal
- Condition of use of the products
- Responsibility
- Electronic file - Protection of personal data
- Suspension - Termination
- Intellectual and industrial property law
- Various
- Applicable law - Jurisdiction
PREAMBLE
1 - The www.teebike.ooo website is published by the company TEEBIKE SAS, a simplified joint stock company with a capital of 10,000 registered in the Nice trade register under the number 878276377.
TEEBIKE is the author of the offer to sell the products presented on its website: www.teebike.ooo
2 - The present General Terms and Conditions of Sale apply between TEEBIKE and the Customer of the Internet Site
The General Terms and Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between the Customer and TEEBIKE relating to the sale of the Products ordered.
Any order placed on the Website requires that the Customer accepts the General Terms and Conditions of Sale in their entirety beforehand and without reservation. If the Customer does not agree with the terms and conditions of the General Terms and Conditions of Sale, the Customer must not use the Website.
TEEBIKE reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without prior notice, the adaptations or modifications being then applicable to all orders subsequent to these adaptations or modifications.
In case of modification, the General Terms and Conditions of Sale applicable to the Customer's order are those that were online and that the Customer accepted on the day of placing the order.
3 - For any information concerning the execution of an Order or several Orders, or the processing of a claim, the Client should contact the Client Service:
- By phone: Monday to Friday from 9am to 6pm
- By email: by filling in this form.
ARTICLE 1 - DEFINITIONS
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meanings set out below (whether used in the singular or plural).
- General Terms and Conditions of Sale": refers to this document, i.e. the terms and conditions applying to the relationship between TEEBIKE and the Customer.
- Order": refers to the Customer's purchase order for one or more Products placed using the Internet Site or via Customer Services.
- Website": refers to the website accessible at www.teebike.ooo and/or at any other address with a different extension.
- Product": refers to a product offered for sale on the Website.
- Customer": refers to a natural person of legal age who is a consumer, who uses the Website and purchases one or more Products, for his/her personal needs, via the Website, having previously agreed to the General Terms and Conditions of Sale.
ARTICLE 2 - PURPOSE
The General Terms and Conditions of Sale define the rights and obligations of TEEBIKE and the Customer in the context of the sale of Products by TEEBIKE on the Internet site or through the Customer Service of the Site set up by TEEBIKE.
Any use of the Website and any placing of an Order for one or more products via the Website implies pure and simple acceptance of the entirety of the General Terms and Conditions of Sale.
The General Conditions of Sale are reserved for consumer buyers, to the exclusion of any professional.
Only persons legally capable of entering into contracts concerning the products offered for sale on the Website may place orders on the Website. When placing an order, the Customer warrants that he/she has full legal capacity to accept the General Terms and Conditions of Sale, place an Order and conclude a sale.
ARTICLE 3 - CREATING AN ACCOUNT
To order Products on the Website, the Customer must create an account by providing the information required in the registration form.
To this end, the Customer declares that he/she will provide complete and accurate personal information that will enable him/her to be accurately identified in any situation. Any false or slanderous personal information may lead to the closure of the Customer's account and the cancellation of the Order.
When creating an account, the Customer chooses an identifier and a password. The Customer undertakes to keep his login and password confidential.
This account will be accessible at any time by the Customer thanks to his identifiers
The Customer is responsible for all actions carried out on the Web Site using his/her login and password. Any user registered on the Website shall be bound by any Order placed by entering his/her login details, subject to the right of withdrawal set out in Article 9.3.
ARTICLE 4 - ORDERING PROCEDURES - PLACING AN ORDER
4.1. The Customer may place an Order, in French, directly on the Web Site, after having entered his/her identifiers, in accordance with article 3.
4.2 By browsing the various sections of the Website, the Customer can place the Products of his/her choice in his/her shopping basket by clicking on the "Buy" button. At any time and until the total order is confirmed, the Customer may change his/her mind, change the quantities and cancel one or more of the Products chosen.
Each of the steps necessary for the sale are specified on the Website.
For any request for information or any Order, the Customer shall bear the telecommunication costs of accessing the Internet and using the Website, or of calling the Website's Customer Service.
4.3 Pursuant to the provisions of Article 1369-5 of the French Civil Code, the Customer shall have the opportunity to check the details of his Order and its total price and, if necessary, to correct or modify it before finally confirming his Order to express his acceptance.
TEEBIKE shall not be held responsible for input errors by the Customer, nor for their possible consequences in terms of delay or error in delivery. In these cases, the costs incurred by a possible reshipment shall be borne by the Customer.
4.4. Once the contents of the shopping basket have been validated, the Customer shall confirm the Order by :
- completing all the information requested;
- declaring to accept without reservation the entirety of the General Conditions of Sale;
- validating it by payment.
Validation of the Order by the Customer's "double click" implies acceptance of the prices and characteristics of the Products purchased by the Customer.
ARTICLE 5 - ORDERING PROCEDURES - CONFIRMATION
5.1. Once the Order has been validated by the Customer in accordance with article 4.4, a confirmation e-mail, acknowledging receipt of the order and containing all of the above information, shall be sent by TEEBIKE to the Customer as soon as possible.
5.2. The Order shall only be considered definitive once TEEBIKE has sent the Customer the confirmation email referred to in article 5.1, and the sale of the Product(s) shall only be confirmed once the Customer has paid the corresponding price.
5.3. The offers of Products and prices are valid as long as they appear on the Website, it being specified that the Website is updated daily.
Product offers are subject to availability. In the event that a Product is unavailable, in particular due to a stock shortage, TEEBIKE undertakes to provide information on the site and to give visibility on the return of the said product to stock.
Commercial or promotional operations are mentioned as such on the website and indicate their period of validity.
5.4. In accordance with the provisions of Article L.122-1 of the Consumer Code, TEEBIKE is entitled to refuse any Order for legitimate reasons, in particular in the event of payment problems, foreseeable difficulties with delivery, abnormal orders or orders placed in bad faith. TEEBIKE also reserves the right to request proof of identity by e-mail and/or telephone, in which case the Customer shall have the option of cancelling the Order.
Likewise, upon receipt of the Order, TEEBIKE shall be entitled to refuse the Order if the prices displayed online or resulting from the Order are, in particular due to an error or technical malfunction, computer bug, derisory or do not comply with the actual selling price of the Product.
ARTICLE 6 - ORDERING PROCEDURES - PRODUCT PRICES
6.1. The price of the Products indicated on the Website is in EURO
The price of the Products includes the cost of preparation and delivery. A summary of the order is presented to the client before the order is validated.
6.2. For deliveries of Products outside French territory, the provisions of the General Tax Code relating to VAT shall apply. For deliveries outside the European Union, the Customer shall pay any customs duties, VAT or other taxes due on the importation of the Products into the country of delivery.
The related formalities are the exclusive responsibility of the Customer, unless otherwise indicated. The Customer is solely responsible for verifying the possibility of importing the ordered products with regard to the laws of the country of delivery.
6.3. TEEBIKE reserves the right to modify the prices at any time and without prior notice, but the price applicable to the Customer's Order shall remain the one indicated in the summary of the Customer's shopping basket when validating the Order. The prices displayed online or resulting from the Order are guaranteed.
ARTICLE 7 - PAYMENT
7.1. EXTENT OF PAYMENT
The price of the Products and the costs of logistical preparation and delivery are payable in full by the Customer at the time the Order is placed.
The Customer also undertakes to pay or have paid, where applicable, directly to the forwarding agent or carrier, the customs duties, VAT or other taxes due on the importation of the products into the country of delivery.
7.2. MODE OF PAYMENT
The Customer may pay for the Order by credit card, in a secure environment, according to the methods proposed on the Website.
The payment order made by credit card cannot be cancelled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right of withdrawal.
For an order via the website www.teebike.ooo or by telephone via Customer Service, the Customer confirms and guarantees that he/she is the holder of the bank card and that the latter gives access to sufficient funds to cover the payment of the Order.
The Customer's bank account shall be debited one (1) day after the date of confirmation of the Order. Payment shall be considered effective once the bank payment centres have confirmed their agreement.
The Customer may also pay for the Order:
- By cheque made out to TEEBIKE. If the cheque is not received within 7 days of the confirmation of the Order by TEEBIKE or if the cheque is rejected by the bank, TEEBIKE reserves the right to cancel the Order
- By bank transfer to the order of TEEBIKE (the bank details being given at the time of placing the Order. If the bank transfer is not received within 7 days of the confirmation of the Order by TEEBIKE or if the bank rejects the transfer, TEEBIKE reserves the right to cancel the Order)
- By Paypal. The Customer guarantees TEEBIKE SAS that he has the necessary authorisations to use this method of payment when placing the order
In general, the Customer warrants to TEEBIKE, when placing the Order, that he is fully entitled to use the means provided for the payment of his order and that he has the necessary authorisations to use the payment method concerned
The Website is subject to one of the most effective security systems, in order to protect all sensitive data related to the means of payment. TEEBIKE never has access to confidential information relating to the said means of payment, which is why these elements are requested at each Customer Order
7.3. DEFAULT OF PAYMENT AND RETENTION OF TITLE
The Products ordered shall remain the property of TEEBIKE until the final and full payment of the sale price.
In the event of delivery and non-payment, TEEBIKE shall be entitled to reclaim the ordered products, the Customer undertaking to return any unpaid Products, at his own expense.
ARTICLE 8 - DELIVERY
8.1. PLACE OF DELIVERY
In principle, once the Sales Order has been paid for, the Products will be delivered to the delivery address indicated by the Client when the Sales Order was placed. An e-mail will be sent to the Client to inform them that the Products have been dispatched.
The Customer also has the option of having the Products delivered to a natural person of his/her choice whose permanent address is in metropolitan France.
8.2. CONTRIBUTION TO THE COSTS OF PREPARATION AND DELIVERY
The amount of the Customer's contribution to the cost of the logistical preparation (processing; shipping) and delivery of the Order, inclusive of all taxes, shall be indicated to the Customer before the Order is definitively confirmed.
8.3. DELIVERY TIME
The delivery time will be indicated to the Customer during the Order placement procedure, prior to the validation of the Order and before payment.
In any event, the maximum delivery time is thirty (30) working days from the date the Product is ordered, unless otherwise indicated to the Customer before the Order is placed.
If an Order contains Products that can be delivered on different dates, the Customer may choose to receive the Products separately according to the dates indicated on each Product sheet by contacting TEEBIKE's Customer Service; however, this option may entail a higher contribution by the Customer to the logistics preparation and delivery costs, which will be indicated to the Customer by Customer Service. If the Customer chooses to receive his Order in one go, he will receive his Order according to the latest delivery date.
In the event of late delivery, the Customer may cancel the sale under the conditions provided for in Article L.114-1 of the French Consumer Code, provided that the delay in delivery is not attributable to the Customer, in particular in the event of unavailability to receive the delivery.
8.4. PLACE OF DELIVERY
A delivery is considered to have been made when the Product is available at the delivery location agreed with the Customer when the Order was placed and, if applicable, with the carrier. The availability of the Product is validated by the control and traceability system used by the carrier.
8.5. WITHDRAWAL OF PRODUCTS IN CASE OF ABSENCE
If the recipient is absent at the time of delivery, the carrier will leave a notice of delivery at the delivery address indicated by the Customer. The Products must then be collected or picked up at the address and in the manner indicated by the carrier.
If the Products are not collected within the time limit set by the carrier, the Products shall be returned to TEEBIKE, which reserves the right to reimburse the Customer for the price of the Products, with the shipping costs being borne by the Customer.
8.6. EFFECT OF DELIVERY
The transfer of risks occurs upon delivery, when the Products are handed over to the delivery address indicated by the Customer, or when the Products are collected from the carrier.
Without prejudice to the period of time available to the Client to exercise his/her right of withdrawal, upon receipt of the Products, it is the Client's or recipient's responsibility to ensure that the Products delivered correspond to his/her Order, and to check the condition and conformity of the Products in relation to his/her Order.
The Customer (or, if applicable, the recipient) shall formalise its acceptance of the delivery by signing the delivery receipt issued by the carrier.
If, upon delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products shall open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate "refusal for damage" on the return form.
In the event of an apparent defect in the parcel, the Customer must make any reservations and claims that appear justified; it is up to the Customer, if necessary, to refuse the parcel.
Without prejudice to the guarantees from which the Customer benefits under Article 9, for any claim relating to an apparent defect or damage upon delivery of the Product, the Customer shall contact Customer Service as soon as possible in order to preserve the rights of Teebike vis-à-vis the carrier and, if the Product is still in the possession of the Customer, to initiate the return procedure under the conditions provided in Article 9.3.
In the event of a refusal of delivery or return of the Product for the reasons referred to in the previous paragraph, the Customer may request a new delivery or cancellation of the order under the conditions of article 9.1.3.
ARTICLE 9 - CONFORMITY - GUARANTEE - RIGHT OF WITHDRAWAL
Legal guarantee of conformity and guarantee against hidden defects
The products benefit from the legal guarantee of conformity (article L 211-4 and following of the Consumer Code) and the guarantee of hidden defects (article 1641 and following of the Civil Code).
It is recalled that the consumer has a period of two years from the date of delivery of the goods to take action under the legal guarantee of conformity. The consumer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code. The consumer is exempted from proving the existence of the lack of conformity of the goods during the twenty-four month guarantee period.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the goods marketed by SAS Teebike
Any warranty is excluded in case of damage of external origin or as a result of misuse, improper use, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the product.
The Seller shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, nor 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 do not conform or are affected by a defect.
Only the customer who has purchased goods from SAS TEEBIKE may benefit from the possible guarantees stipulated above (the successive purchasers of the customers are not guaranteed by SAS TEEBIKE).
The warranty does not cover wheels used in an intensive, professional (bicycle delivery) or competition context. The warranty does not cover damage due to wear and tear, misuse, lack of or improper maintenance, products that have been modified by the customer, products that have been used on a vehicle other than a bicycle, products showing traces of oxidation and/or moisture and/or rust, damaged motor gears, motor windings showing traces of overheating, broken wheel spokes, warped and/or damaged rims, broken, bent and/or twisted motor axles and damaged threads. The use of any other charger than the original Teebike charger excludes the warranty on the product.
For batteries, a total discharge maintained for 2 months (error code 40), any trace of shock or oxidation will lead to exclusion from the warranty. The loss of autonomy will be taken into account within the framework of the guarantee if it exceeds 30% of the nominal capacity of the battery during the first year and 50% during the second year.
Legal guarantee of conformity and guarantee against hidden defects for reconditioned wheels
In accordance with Article L. 217-7 of the French Consumer Code, for goods sold second-hand, the Buyer has a period of 12 (twelve) months from the delivery of the goods to take action under the legal guarantee of conformity. The Buyer is exempted from proving the existence of the product's lack of conformity during the 12 (twelve) months following the delivery of the product.
Under the Conformity Guarantee, the Buyer may choose between repairing or replacing the Product in question, bearing in mind that, in accordance with article 217-9 of the Consumer Code, the Emmaus Label Seller may not proceed according to the Buyer's choice if this choice would result in a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the extent of the defect.
Finally, in accordance with Article L. 217-13 of the French Consumer Code, the exercise of the guarantee of conformity does not deprive the Buyer of the right to exercise the action resulting from hidden defects as set out in Articles 1641 to 1648 of the French Civil Code or any other action of a contractual or extra-contractual nature recognised by the law.
9.1. PRODUCT COMPLIANCE
9.1.1.
In accordance with Article L.111-1 of the Consumer Code, TEEBIKE's objective is to inform the Customer and enable him to know the essential characteristics of the Product.
Before shipment, the Products delivered to the Customer are checked to ensure that they conform to the description given on the Website.
It is however specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site.
9.1.2.
Notwithstanding, where applicable, the specific warranty conditions from which the Customer benefits in respect of the Product in question, the Products presented on the Website are subject to the legal warranty conditions below.
According to Article L.211-4 of the Consumer Code:
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
According to Article L.211-8 of the Consumer Code:
"The buyer is entitled to demand that the goods conform to the contract.
9.1.3.
Pursuant to Articles L.211-9 and L.211-10 of the Consumer Code, the repair of the consequences of the lack of conformity or hidden defects, duly established and confirmed as such by TEEBIKE, includes, at the Customer's choice, unless this wish entails a cost that is manifestly disproportionate, taking into account the value of the good or the importance of the defect, in relation to the other modality, the repair or replacement of the Product.
If repair and replacement of the goods is not possible, the Customer may return the goods and have the price returned or keep the goods and have part of the price returned.
In these different cases, the Customer must contact Customer Service and agree on the terms of return of the Product.
Insofar as it is founded, the application of the provisions of articles L. 211-9 and L. 211-10 of the Consumer Code shall take place at no cost to the buyer.
9.1.4
In the specific case of special operations of Products not sold new, TEEBIKE shall specify the possible defects of the Products. These defects shall be taken into account in the event of the implementation of Article L.211-8 of the Consumer Code.
9.2. RIGHT OF WITHDRAWAL
9.2.1.
TEEBIKE considers that any Customer who is not satisfied with the Products ordered must be able to exercise his right of withdrawal, without giving any reason, without penalties, under the best conditions.
In accordance with Directive 2011/83/EU of 25 October 2011, the legal period for the right of withdrawal is fourteen (14) days from receipt of the Product. The withdrawal period expires fourteen (14) days after the day of taking possession of the ordered product.
The Customer returning the Product within the framework of the exercise of his right of withdrawal shall bear the cost of returning the Teebike product or products ordered.
9.2.2.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail by filling in this form.
You can use the model withdrawal form but this is not obligatory. In order for the withdrawal period to be respected, it is sufficient that you send your communication on the exercise of the right of withdrawal before the 14-day withdrawal period expires.
Withdrawal form
***************************************
(Please complete and return this form only if you wish to withdraw from the contract)
- For the attention of TEEBIKE
- I hereby notify you of my withdrawal from the contract for the sale of the goods (*) / for the provision of the service (*) below
- Ordered on (*) / received on (*)
- Name of the consumer
- Consumer address :
-Signature of the consumer
- Date
(*) Delete as appropriate.
The product must be returned to the following address
Les Apprentis d'Auteuil - Atelier les rayonnants - 68 chemin Paul Grisolles - 83170 Brignoles - sav@teebike.fr - 0749180057
The refund will be made a few days after receipt of the product by the Returns Department according to the payment method used for the Order and at the latest within fourteen (14) days of receipt of the exercise of the right of withdrawal.
Only returns or exchanges of Products in their original packaging, complete (accessories, instructions, etc.) and in perfect condition for resale (not soiled, not damaged, not used) will be accepted. To facilitate the processing of your request and to speed up the refund, we recommend that you send us the return form carefully filled in.
The cost of returning the Product shall be borne by the Customer.
9.2.3.
If the right of withdrawal is used for only part of the Order, only the price invoiced for the returned Products will be refunded.
In the event of a partial withdrawal from the Order, the Customer who, at the time of the initial Order, would have benefited from free delivery due to the fact that the amount of the Order exceeded a certain level, may be re-billed for the delivery costs corresponding to the actual Order, if the latter fell below the free delivery threshold.
9.2.4.
As an exception, the right of withdrawal cannot be exercised for the contracts listed in Article L.121-20-2 of the Consumer Code, including in particular contracts for the supply of goods made to the consumer's specifications or clearly personalised.
The right of withdrawal is excluded for the following contracts:
- contracts for the supply of goods made to the consumer's specifications or clearly personalised;
- contracts for the supply of goods that are likely to deteriorate or expire rapidly;
- contracts for the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of goods which, after delivery, are by their nature inseparably mixed with other items;
- contracts for the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
9.3. RETURN PROCEDURE
The Products must be returned to TEEBIKE at the following address
LES APPRENTIS D'AUTEUIL - ATELIER LA PIERRE D'ANGLE - 68 rue du chemin paul grisoles - 83170 BRIGNOLES - FR
Telephone: 07.49.18.00.57
sav@teebike.ooo
The Products must be returned in their original packaging, properly protected. They must be in perfect condition for resale. Any product returned incomplete, damaged, washed, damaged, deteriorated, soiled, even partially will not be refunded or exchanged.
The customer returns the products. We recommend keeping a proof of return to facilitate procedures in case of problems during transport.
Except in the case of a lack of conformity or hidden defects in the Product, the cost of returns is borne by the Customer.
ARTICLE 10 - CONDITION OF USE OF THE PRODUCTS
10.1.
Prior to ordering and using the Products, the Customer must read all the information provided on the Website, find out about the characteristics and components of the Products and ensure that they are compatible with the use they wish to make of them.
The price of the Products does not include the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery, which shall be borne by the Customer. The total amount of the Customer's contribution to these costs shall be communicated to the Customer, either when he/she connects to the Web Site or when he/she calls Customer Services, before he/she validates the Order.
10.2.
The Customer undertakes to systematically comply with the instructions for use indicated by the manufacturer on the packaging and on the instructions for use of the Products before any use. For any additional information concerning the characteristics of the products, the Customer Service of TEEBIKE is at the disposal of the Customer.
ARTICLE 11 - LIABILITY
11.1.
The products presented on the Website comply with the French legislation in force and the standards applicable in France.
TEEBIKE undertakes exclusively to comply with the legal provisions applicable in France. No regulations specific to the country of delivery and/or consultation of the Internet Site may be opposed to TEEBIKE.
The Customer is solely responsible for complying with the regulations applicable in his country of residence or in the country of destination of the Products. It is the Customer's responsibility to obtain information from the local authorities concerned about any restrictions on the import, export or use of the Products that the Customer intends to order on the Website.
11.2.
The service provided by TEEBIKE is limited to the supply of Products under the conditions described in the General Terms and Conditions of Sale. Under no circumstances shall Teebike be held liable for the advice, recommendations and conditions of use of the Products provided by the manufacturers on the Website or in their instructions for use.
11.3.
The liability of TEEBIKE is limited to direct and foreseeable damage that may result from the Customer's use of the Website and the Products. TEEBIKE shall not be liable for damage resulting from the Customer's fault in using the Products.
Teebike shall not be held liable if the non-performance or poor performance of its own obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party unrelated to the delivery of the Products, or to an unforeseeable, irresistible and external case of force majeure.
In general, TEEBIKE shall under no circumstances be liable for indirect or unforeseeable damage caused by the use of the Website and the Order of Products.
11.4. b
TEEBIKE cannot be held responsible for
- the contents available on other websites or Internet sources accessible by means of hyperlinks inserted on the Website (and in particular because of advertisements, products, services or any other information),
- nor (ii) any damage of any kind that may be suffered by the Customer during a visit to these sites.
The use of the Website implies the knowledge and acceptance by the Customer of the characteristics and limits of the Internet and the technologies linked to it, the lack of protection of certain data against possible misappropriation or piracy and the risks of contamination by possible viruses circulating on the network.
As Teebike is itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Website and does not ensure the correction of defects observed on the Internet network. Consequently, Teebike shall not be held responsible for any unavailability of the Website or any difficulty in connecting or interrupting the connection (malfunction of the servers, telephone line or any other technical connection) when using the Website or, more generally, for any disruption of the Internet network affecting the use of the Website. In this context, TEEBIKE is not responsible for the sending of forms to an erroneous or incomplete address, for any computer errors or defects noted on the Website.
11.5.
Subject to provisions to the contrary, the Website is accessible from any location, provided that minimum technical conditions are met, particularly in terms of access to the Internet network, mobile telephony and the technical compatibility of the equipment used by the Customer. Given the global nature of the Internet network, the Customer agrees to comply with all the rules of public order relating to the behaviour of users of the Internet network and applicable in the country from which he/she uses the Website.
ARTICLE 12 - ELECTRONIC FILE - PROTECTION OF PERSONAL DATA
12.1.
In order to process orders, TEEBIKE processes personal data concerning the Customer, identified as mandatory in the forms on the Website.
12.2.
TEEBIKE undertakes to respect the confidentiality of the personal data communicated by the Customers on the Internet Site and to process them in compliance with the French Data Protection Act of 6 January 1978, as amended and currently in force.
The database set up by TEEBIKE for this purpose has been declared to the CNIL, registered under number 1184545, in accordance with the requirements of the Data Protection Act.
12.3.
The Customer's personal data is collected and processed by TEEBIKE for the purpose of processing Orders.
Depending on the choices made when creating or consulting their accounts on the Website, the Customer will choose whether they wish to receive commercial or promotional offers from TEEBIKE by e-mail. If a Customer no longer wishes to receive such offers, he may at any time make a request by clicking on an electronic link available on the e-mails and newsletter or by modifying his account directly on the Internet site www.teebike.ooo.
12.4.
TEEBIKE may be required to communicate this data for the purpose of processing and delivering orders by its service providers or for after-sales service. In addition, TEEBIKE may also communicate this data to respond to an injunction from the judicial or administrative authorities.
12.5.
The Customer may exercise his individual right of access to the file, his right of opposition, rectification or deletion of data concerning him, either by modifying his personal information in the "My Account" space in the "Help" section, or by sending his request to TEEBIKE (indicating e-mail address, surname, first name, postal address), by e-mail by filling in this form or by post to the following address
12.6.
The Website is designed to be particularly attentive to the needs of Customers. Cookies are used to indicate the Customer's visit to the Website in order to build up a shopping basket.
The Customer may prevent these cookies from being stored on his computer's hard drive by configuring his browser.
ARTICLE 13 - SUSPENSION - TERMINATION
The Customer may terminate his registration on the Website and close his account at any time. The Customer shall send his termination request to the Customer Service.
If the Customer fails to fulfil any of his contractual obligations, in particular in the event of a payment incident, TEEBIKE reserves the right to suspend the Customer's access to the Internet sites and services of TEEBIKE, or even to terminate his account, depending on the degree of seriousness of the failures. TEEBIKE reserves the right to refuse any order from a Customer with whom there is any dispute.
ARTICLE 14 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the elements published on the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to TEEBIKE .
The TEEBIKE brand, illustrations, images and logos appearing on the articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of TEEBIKE .
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of TEEBIKE , is strictly prohibited.
Apart from any solicitation on its part, TEEBIKE prohibits any hypertext link to the Website. A Customer wishing to place on his personal website a link directly to the home page of the Website, must first request express authorisation from TEEBIKE.
ARTICLE 15 - MISCELLANEOUS
15.1. PARTIAL DISABILITY
In the event that one or more of the provisions of the General Terms and Conditions of Sale are deemed unlawful or unenforceable by a competent court, the other provisions shall remain in force and retain their scope and effect.
15.2. AGREEMENT ON EVIDENCE
The acceptance of the General Terms and Conditions of Sale by electronic means has the same evidential value between the parties as the agreement on paper.
The information provided by the Website is authentic between the parties. The computerised registers will be kept in the computer systems of TEEBIKE under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Website or by e-mail. The scope of proof of the information delivered by the computer systems of TEEBIKE is that which is granted to an original in the sense of a written, signed paper document.
It is expressly agreed that TEEBIKE and the Customer may communicate with each other electronically or by telephone via the Customer Service of the Website. Technical security measures are provided to ensure the confidentiality of the data exchanged.
TEEBIKE and the Customer agree that the e-mails exchanged between them are valid proof of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of orders.
15.3. STORAGE AND ARCHIVING
The contractual documents are archived on a reliable and durable medium so as to correspond to a faithful and durable copy that can be produced as proof.
You can access archived contracts by sending a request by e-mail by filling in this form.
15.4. WAIVER
The fact that TEEBIKE or the Customer does not exercise any of its rights under the General Terms and Conditions of Sale shall not imply a waiver of this right and of the right to exercise it at a later date, and such a waiver may only be made by express declaration.
15.5. FORCE MAJEURE
The performance by Teebike of all or part of its obligations, in particular delivery obligations, shall be suspended in the event of a fortuitous event or force majeure that hinders or delays the performance thereof.
This includes, but is not limited to, war, riots, insurrection, social unrest and strikes of any kind.
TEEBIKE shall inform the Customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Customer shall have the possibility of cancelling the order in progress, and the price of the Products ordered and the delivery costs paid shall then be refunded.
ARTICLE 16 - APPLICABLE LAW - JURISDICTION
The General Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic.
In the event of any difficulties arising in connection with the placing of the Order, the delivery of the Products or, more generally, the execution of the sale, the Client shall have the possibility, prior to any legal action being taken, of seeking an amicable solution, notably with the help of a consumer association or any other advisor of his/her choice.
Any dispute arising from the interpretation or execution of the General Terms and Conditions of Sale and its consequences shall be brought before the competent courts.
The General Terms and Conditions of Sale also apply to the relationship with any user of the Website who has not placed an Order, in particular with regard to articles 11 to 15.