GENERAL CONDITIONS OF SALE FOR THE BEES STATIONS NETWORK – 08/11/2023
Article 1 – Scope of application – Enforceability
a) These general conditions of sale are applicable to all sales contracts concluded by all companies belonging to the RESEAU STATIONS BEES cited above and the end customer of the product, consumer or professional of the cycle and/or electrical products.
b) Unless otherwise agreed, placing an order with one of the companies in the RESEAU STATIONS BEES implies the customer's full and unreserved acceptance of these general terms and conditions of sale by signing the quote/invoice proposed by the company in the RESEAU STATIONS BEES concerned with the words "good for agreement" or directly by signing the general terms and conditions of sale, to the exclusion of all other documents such as prospectuses, catalogues issued by the company in the RESEAU STATIONS BEES concerned and which have only an indicative value.
c) No special condition may, unless formally accepted in writing by the company RESEAU STATIONS BEES concerned, prevail over these general terms and conditions of sale. Any conflicting conditions opposed by the customer will therefore, in the absence of express acceptance, be unenforceable against the company RESEAU STATIONS BEES, regardless of when it may have been brought to its attention.
d) The fact that the company of the RESEAU STATIONS BEES concerned does not avail itself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to avail itself subsequently of one of the said conditions.
Article 2- Order
a) To be valid, the countersigned order or quote must specify in particular the quantity, brand, type, options and references of the products sold as well as the agreed price, payment conditions, place and date of delivery or collection.
b) The customer accepts the conclusion of the sale by returning the countersigned quote. The sale is final upon receipt of acceptance by the relevant RESEAU STATIONS BEES company. Unless otherwise agreed, confirmation of the order implies for the customer acceptance of the conditions of sale of the company of the RESEAU STATIONS BEES concerned and recognition of having full knowledge of them.
c) The request for cancellation or modification of the order by the customer must be sent, in writing, to the company of the RESEAU STATIONS BEES concerned, within 7 days following the sending of the acceptance of the proposal made by the company of the RESEAU STATIONS BEES concerned (postmark as proof). The request for cancellation or modification of the order gives rise, in this case, to compensation from the company of the RESEAU STATIONS BEES concerned for an amount equal to 30% of the total amount of the order.
Article 3-In-store collection & Deliveries
a) The Customer will be informed upon receipt of the ordered goods by the relevant RESEAU STATIONS BEES company when the order was placed. The Customer will then have 15 days from receipt of the notification to collect their purchases directly from the relevant RESEAU STATIONS BEES store when the order was placed. In the event of an event preventing the Customer from meeting this deadline, the latter must contact the relevant RESEAU STATIONS BEES company as soon as possible. Otherwise, after the 15-day period, the order will be considered cancelled. When collecting the goods, the Customer must bring their order form and proof of identity in their name. If the Customer does not collect the goods themselves, the person authorized by them must present the aforementioned documents, as well as a written power of attorney signed by the Customer.
b) The customer may exceptionally request the relevant RESEAU STATIONS BEES company to deliver their product (only if the order includes at least one electric bicycle). This delivery will be made to the address indicated on the order form on a date and time agreed between the Customer and the relevant RESEAU STATIONS BEES company.
c) Deliveries or in-store pickups are only made according to the availability of the product manufacturer and the delivery times are indicated by the relevant RESEAU STATIONS BEE'S company when the order is accepted. Any delays in delivery cannot give rise to damages, refusal of the products or cancellation of the current order.
d) The conditions of transport are the responsibility of the customer. If, at the express request of the customer, the company of the RESEAU STATIONS BEES concerned organizes the transport, this service will be the subject of a proposal submitted to the customer for acceptance and will be fully re-invoiced independently of the product. In all cases, the products travel at the risk and peril of the customer, who is responsible, in the event of damage or shortage, to make all necessary observations and confirm without reservation by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within 3 days following receipt of the goods. To be admissible, these observations must be clear and precise and provide information on the condition of the goods and not on the packaging. Any reservation referring to a subsequent verification by the recipient ("subject to control", "subject to unpacking") is not admissible.
e) Without prejudice to the arrangements to be made with respect to the carrier, complaints regarding apparent defects or non-conformity of the product delivered to the product ordered must be made in writing within 8 days of receipt of the products.
f) It will be the customer's responsibility to provide all justification as to the reality of the defects or anomalies noted. He must give the RESEAU STATIONS BEES company concerned every facility to note these defects and to remedy them. He will refrain from intervening himself or involving a third party for this purpose.
g) Deliveries to the consumer customer of electrically assisted bicycles are made in accordance with the provisions of decree 95-937 of August 24, 1995.
Article 4 - Guarantee
a) The Products are guaranteed against any material and manufacturing defects for two years from the delivery date. Some products may have a longer manufacturer's warranty. In this case, the duration of the warranty will be specified to the customer at the time of purchase. Interventions under the warranty cannot have the effect of extending the duration of the warranty. Presentation of the warranty certificate will be strictly required when the warranty is invoked. Under this warranty, the only obligation incumbent on the RESEAU STATIONS BEES company concerned will be, at its choice, the free replacement or repair of the product or the element recognized as defective by its services unless this method of compensation proves impossible or disproportionate. To benefit from the warranty, all products must first be submitted to the after-sales service of the RESEAU STATIONS BEES company concerned, whose agreement is essential for any replacement. Any shipping costs are the responsibility of the customer, who will not be able to claim any compensation in the event of immobilization of the goods due to the application of the guarantee.
b) The warranty does not apply to visible defects. Also excluded are defects and deterioration caused by natural wear and tear, improper use, or by an external accident, or by a modification of the product not foreseen or specified by the RESEAU STATIONS BEES company concerned.
Article 5 - Price
a) The prices charged are those appearing on the quote countersigned by the customer and whose acceptance has been sent to the company of the RESEAU STATIONS BEES concerned. The prices are expressed in euros and take into account the VAT applicable on the day of the order. According to the legislation, the prices of the RESEAU STATIONS BEES stores are indicated excluding tax and the current VAT rate is mentioned on its prices and quotes.
b) Unless otherwise agreed, prices are net, excluding transport, excluding taxes based on the rates communicated to the customer.
c) Any tax, duty, duty or other service payable under French regulations or those of an importing country or a transit country shall be borne by the customer. Unless otherwise agreed in writing by the RESEAU STATIONS BEES company concerned, shipping costs and costs incurred in packaging the products shall always be borne by the customer and payable under the same conditions as the products themselves.
Article 6 - Payment conditions
a) The customer must pay the price indicated in the quote when ordering, unless the RESEAU STATIONS BEES company concerned agrees in writing to other payment conditions.
b) In the event of non-payment within forty-eight hours after a formal notice has remained unsuccessful, the sale will be terminated automatically if the company of the RESEAU STATIONS BEES concerned so sees fit, which may request, in summary proceedings, the return of the Products, without prejudice to any other damages. Any invoice recovered by the litigation department will be increased, as a non-reducible penalty clause within the meaning of Article 1229 of the Civil Code, by a fixed compensation of 2%.
c) Any amount not paid on the due date shown on the invoice shall automatically result, from the day following the payment date shown on the said invoice, in the application of penalties of an amount equal to one and a half times the legal interest rate from the day following the payment date shown on the invoice.
Article 7 - Transfer of ownership and risks
a) By way of exception to Article 2, it is formally agreed that the goods subject to an invoice remain the full and entire property of the RESEAU STATIONS BEES company concerned until full payment of the price which must be made according to the conditions previously provided for in Article 6.
b) Unless otherwise stipulated in writing, the goods travel at the customer's risk and peril, who is responsible, in the event of damage, loss or shortage, for making any reservations or exercising any recourse against the responsible carriers. If, at the express request of the customer, the RESEAU STATIONS BEES company concerned organizes the transport, the risks are transferred to the carrier as soon as the equipment leaves the factory or point of sale.
Article 8 - Force majeure
The RESEAU STATIONS BEES company concerned reserves the right to suspend, delay or modify the execution of orders in the event of force majeure, as defined by law and case law, as well as in the event of events beyond its control such as strikes, fires, floods, heat waves, frost, blockages of communication routes, machine breakdowns, etc.
Article 9 - Correspondence
Any notice or communication between the parties under this contract must be in writing. Communications by fax or email must be immediately confirmed by mail.
Article 10 - Validity of the general conditions of sale
In the event that an article of these general terms and conditions of sale is contrary to a mandatory legal provision, the validity of the other articles and of the general terms and conditions of sale as a whole shall not be affected. In this case, the Parties shall consult each other in order to replace the invalid article with an article that most closely meets the legal and economic objectives of the sale.
Article 11 - Dispute
In the event of a dispute relating to the interpretation or execution of their agreements, the parties will seek, before any contentious action, an amicable agreement and will communicate to each other all necessary information for this purpose.
Article 12 – Competent Jurisdiction and Court
These general terms and conditions of sale are subject in all their provisions to French law. Any dispute or contestation relating to these terms and conditions, which has not been resolved amicably, will be brought before the territorially competent courts according to common law, unless the customer has contracted as a trader, in which case the competent commercial court will be that of Aix-en-Provence.
Done in Aix en Provence, August 11, 2023