General Terms and Conditions of Sale - Services

Mobility e-Bike

Designation of the Seller

Mobility E-Bike

701 Frangipani Street

97438

Sainte-Marie

891 279 796 S.C.R.

+262 692403169

mobilityebike7@gmail.com

mobility-e-bike.re

Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of e-bike (Electrically Assisted Bicycles) rental services, as well as the maintenance of bicycles of any kind ('the Services') offered by Mobility E-Bike ('the Seller') to consumers and non-professional Customers ('Customers or the Customer') (Seller and Customer being also referred to as "the Parties" or "a Party") on its website mobility-e-bike.re.

They specify, in particular, the conditions of use of the Seller's site, of placing orders, of payment and of the provision of the Services ordered by the Customers.

The main characteristics of the Services, including all the substantial information required by the applicable regulations, are presented on the mobility-e-bike.re website.

The Client is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.

The General Terms and Conditions of Sale are systematically communicated to any Client prior to the conclusion of the contract for the provision of the Services and will prevail, where applicable, over any other version or any other contradictory document. They are accessible at any time on the mobility-e-bike.re website and will prevail, where applicable, over any other version or any other contradictory document.

These terms apply to the exclusion of all other conditions, and in particular those applicable to other channels of marketing of the Services.

They may be supplemented by specific conditions, set out on the mobility-e-bike.re website, before any transaction with the Client.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

In accordance with the regulations in force, the Client has, at any time, the right to access, rectify, oppose, delete and transfer all of their personal data by writing, by post and providing proof of their identity, to 701 Rue des frangipaniers, 97438 Sainte-Marie.

The Client declares that he or she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general terms and conditions of use of the mobility-e-bike.re website.

The validation of the order for Services by the Client implies unrestricted or unreserved acceptance of these General Terms and Conditions of Sale.

As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer's purchase is the one in force on the day the contract is concluded.

The Client acknowledges that it has the capacity required to contract and acquire the Services offered on the mobility-e-bike.re website.

The Services presented on the mobility-e-bike.re website are offered for sale in the following territories: Reunion Island department.

Customs or other local taxes or import duties or state taxes may be payable. They will be the responsibility and sole responsibility of the Client.

Modifications to these General Terms and Conditions of Sale are enforceable against users of the website mobility-e-bike.re from the time they are put online and cannot be applied to transactions concluded previously.

Commands

The Client selects the Services he wishes to order on the website, according to the following methods: the Services can be ordered on our website, as well as by telephone (the contact details of which are listed above).

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Client.

L'enregistrement d'une commande sur le site du Vendeur est réalisé lorsque le Client accepte les présentes Conditions Générales de Vente en cochant la case prévue à cet effet et valide sa commande. Le Client a la possibilité de vérifier le détail de sa commande, son prix total et de corriger d'éventuelles erreurs avant de confirmer son acceptation (article 1127-2 du Code Civil).

Cette validation implique l'acceptation de l'intégralité des présentes Conditions Générales de Vente et constitue la preuve du contrat de vente.

It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.

The sale of Services will only be considered final after the Seller has sent the Seller confirmation of the acceptance of the order, by e-mail and after the Seller has received the full price.

Any order placed on the mobility-e-bike.re website constitutes the formation of a contract concluded at a distance between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.

For Services for which a prior quotation has been drawn up, the sale of Services will only be considered final after a quotation has been drawn up by the Seller, accepted by the Client and confirmed acceptance of the order by e-mail and/or telephone has been sent to the Client.

The quotes drawn up by the Seller are valid for a period of 30 days.

Any changes to the order by the Client may only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email and/or telephone to the Seller at least 7 days before the date scheduled for the provision of the Services ordered. If necessary, these changes will result in a new quote and an adjustment of the price.

In the event that these changes cannot be accepted by the Seller, the sums paid by the Client will be returned to the Client within a maximum period of 3 days from the notification by the Seller of the impossibility of accepting the modifications (unless the Client prefers to benefit from a credit note).

Orders may be cancelled by the Client except in cases of force majeure at least 3 days before the date scheduled for the provision of Services, at no cost to the Client.

In the event of cancellation of the order by the Client after its acceptance by the Seller less than 3 days at least before the date scheduled for the provision of the Services ordered, for any reason whatsoever except force majeure, a sum corresponding to 14% of the total amount of the purchase will be acquired by the Seller and invoiced to the Client, by way of damages, in compensation for the prejudice thus suffered.

4. Rates

   The Services offered by the Seller are provided at the current rates, such as on the website mobility-e-bike.re according to the quote established by the Seller, when the order is registered by the Seller. Prices are expressed in Euros, excluding tax and including tax.

   The prices take into account any discounts that may be granted by the Seller under the conditions specified on the mobility-e-bike.re website.

These prices are firm and cannot be revised during their period of validity, as indicated on the mobility-e-bike.re website, the Seller reserving the right, outside this period of validity, to modify the prices at any time.

They do not include processing and management fees, which are invoiced in addition, under the conditions indicated on the mobility-e-bike.re website and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice is drawn up by the Seller and given to the Client when the Services ordered are provided.

5. Payment terms

   The Services offered by the Seller are delivered to the Client in return for a price.

   Any sum paid in advance of the price, deposit or deposit, is subject to interest at the legal rate at the end of a period of three months from the date of payment until the date of delivery (Article L 214-2 of the Consumer Code).

   The price is payable in cash, in full on the day of the provision of the Services ordered under the conditions defined in the article "Provision of Services" below and as indicated on the invoice given to the Client, by secure payment, according to the following terms:

By credit card: Credit card, Visa, MasterCard, American Express, other bank cards

By phone

By bank transfer.

By taking a deposit (800 EURO per bike)

Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Client may request the cancellation of the payment and the return of the corresponding sums.

In the case of payment by bank cheque, it must be issued by a bank domiciled in metropolitan France or Monaco.

The cheque is cashed upon receipt.

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

In addition, any delay in payment automatically entails the application of a lump sum compensation of forty (40) Euros, without prejudice to late payment penalties. Late payment shall result in the immediate payment of all sums due by the Client, without prejudice to any other action that the Seller may be entitled to take against the Client in this respect.

In addition, the Seller reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the provision of the Services ordered by the Client and/or to suspend the performance of its obligations.

No additional costs, in excess of the costs incurred by the Seller for the use of a means of payment, may be charged to the Client.

Provision of services

The Services ordered by the Client, which include the rental of electric bicycles (EABs), as well as the maintenance of bicycles of all kinds, will be provided according to the following terms: the Seller provides its services by delivering to the Client's home and/or via an appointment point within a maximum period of 24 hours from the final validation of the Client's order, under the conditions set out in these General Terms and Conditions of Sale, to the address indicated by the Client when placing an order on the mobility-e-bike.re website.

The Seller undertakes to make its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the deadlines specified above.

If the Services ordered have not been provided within 48 hours after the indicative date specified above, for any reason other than force majeure or the Client's actions, the latter may notify the Seller, under the conditions provided for in Article L 216-6 of the Consumer Code

Either the suspension of the payment of all or part of the price until the Seller complies, under the conditions provided for in Articles 1219 and 1220 of the Civil Code (exception of non-performance);

• Or the cancellation of the sale, after having given the Seller formal notice to perform within a reasonable additional period of time not respected by the Seller.

  Termination may be immediate if the Seller refuses to perform or if it is obvious that it will not be able to provide the Services or if the non-compliance deadline constitutes, for the Client, an essential condition of the sale.

  In the event of cancellation of the sale, the sums paid by the Client will then be returned to the Client at the latest within fourteen days of the date of termination of the contract, excluding any compensation or withholding, without prejudice to the possible award of damages to the Client.

Similarly, in the event of a specific request from the Client regarding the conditions of provision of the Services, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoicing at a later date.

In the absence of reservations or complaints expressly expressed by the Client upon receipt of the Services, they shall be deemed to be in conformity with the order, in quantity and quality.

The Client shall have a period of 15 days from the provision of the Services to issue, in writing, such reservations or complaints, with all the relevant supporting documents, to the Seller.

It is recalled that the absence of reservations expressed by the Client when delivering the Products does not exempt the Seller from the guarantee of conformity, as described below.

Terms and conditions for terminating the contract

It is recalled that, in accordance with the legal provisions, the termination of the contract by electronic means is possible when the contract has been concluded electronically or, on the day of termination, the Seller offers the Customers the possibility of concluding contracts electronically.

To this end, a free feature is made available to the Client, allowing him to complete, by electronic means, the notification and all the necessary steps for the termination of the contract, of which the Seller must acknowledge receipt by informing the Client, on a durable medium and within a reasonable period, of the date on which the contract ends and the effects of the termination.

8. Right of withdrawal

   Regarding bike rental

   Given the nature of the services provided, orders placed by the Client do not benefit from the right of withdrawal.

   The contract is therefore concluded definitively as soon as the order is placed by the Client in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.

   Concerning maintenance

   If the Client wishes to immediately start the provision of the Services ordered before the expiry of the withdrawal period, it is the Seller's responsibility to send the Client a confirmation of its agreement to start the provision of the Services as well as the acknowledgement of the loss of its right of withdrawal, which are formalised when the order is validated by the Client.

In this case, the Client having given his express consent for the performance of the services ordered before the end of the right of withdrawal, the contract is concluded definitively as soon as the order is placed by the Client in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.

If the Seller fails to obtain the Client's express agreement for the performance of the contract before the end of the withdrawal period as well as proof that the Client has acknowledged losing his right of withdrawal after the contract has been fully performed at the latter's express request, the Client who has exercised his right of withdrawal after the start of the service will not be liable for any amount to be paid to the Seller.

Seller's Liability – Warranty

The Services offered for sale by the Seller comply with the regulations in force in France and have performances compatible with non-professional uses.

The Client benefits by operation of law and without additional payment, from the legal guarantee of conformity and the legal guarantee against hidden defects.

Legal guarantee of conformity

The Seller guarantees, in accordance with the legal provisions and without additional payment, the Client, against any lack of conformity of the Services ordered.

The Services provided through the Seller's mobility-e-bike.re website comply with the regulations in force in France. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Client, who is solely responsible for the choice of the Services requested, to verify.

In the event of a lack of conformity, the Client may demand that the defective Services be brought into compliance, that a new compliant Service be provided free of charge or, failing that, that the price be reduced or that the sale be cancelled, under the legal conditions.

He may also suspend the payment of all or part of the price or the delivery of the advantage provided for in the contract until the Seller has fulfilled the obligations incumbent on him under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.

It is also the Client's responsibility to request the Seller to bring the defective Services into compliance or to provide a new compliant Service free of charge. The defective Service shall be brought into compliance within a period not exceeding thirty days following the Client's request.

If the requested compliance is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions set out in Article L 217-12 of the Consumer Code are not met, the Client may, after formal notice, pursue the forced performance in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Finally, the Client may demand a price reduction or the cancellation of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.

When the lack of conformity is so serious that it justifies the reduction of the price or the immediate termination of the sale, the Client is not required to request in advance the compliance of the defective Services or the provision of a new compliant Service free of charge.

The price reduction is proportional to the difference between the value of the Service provided and the value of that service in the absence of the lack of conformity.

In the event of cancellation of the sale, the Client is reimbursed for the price paid within the following fourteen days at the latest, with the same means of payment as that used by the Client at the time of payment, unless expressly agreed by the latter and in any case without additional costs.

The foregoing provisions are without prejudice to the possible award of damages to the Client, in respect of the prejudice suffered by the latter as a result of the lack of conformity.

2. Legal warranty against hidden defects

   The Seller is liable for hidden defects within the framework of the legal warranty against hidden defects resulting from a defect in the design or realization of the Services ordered.

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

   Disclaimer of warranties

   The Seller shall not be held liable or in default for any delay or non-performance resulting from:

• The occurrence of a case of force majeure;

  Failure to comply with the legislation of the country in which the Services are delivered, which it is the Client's responsibility to check before placing his order;

  In case of misuse, use for professional purposes.

  Protection of personal data

  Pursuant to Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Client are necessary for the processing of their order and the establishment of invoices, in particular.

  This data may be communicated to any partners of the Seller in charge of the execution, processing, management and payment of orders.

The processing of information communicated through the mobility-e-bike.re website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data and in particular the GDPR, as well as any other legislative or regulatory provision in force, the information system used ensuring optimal protection of this data.

The methods of collection and processing of personal data as well as the rights that Customers have over them are information that may be requested from the Seller, in particular at the time of placing their order.

Le Client dispose, conformément aux réglementations nationales et européennes en vigueur d'un droit d'accès permanent, de modification, de rectification, d'opposition de portabilité et de limitation du traitement s'agissant des informations le concernant.

This right may be exercised under the conditions and in accordance with the procedures defined on the mobility-e-bike.re website.

The Client, noticing that a violation of the General Regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of Article 43ter of the Data Protection Act of 1978, in order to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Freedoms.

Intellectual property

The content of the mobility-e-bike.re website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

12. Fortuity

    In the event of a change in circumstances that were unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contractor.

    Force majeure

    The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code, or exceptional health or climatic hazards beyond the control of the Parties.

14. Applicable law – Language

    These General Terms and Conditions of Sale and the transactions resulting from them are governed by French law.

    They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

    Disputes

    All disputes to which the purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved between the Seller and the Client, shall be submitted to the competent courts under the conditions of common law.

The Client is informed that he or she may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, art. L 612-1) or with existing sectoral mediation bodies, the references of which appear on the mobility-e-bike.re website or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

If the dispute must be brought before the courts, it is recalled that pursuant to Article L 141-5 of the Consumer Code: the consumer may at his choice, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, bring an action against the court of the place where he was residing at the time of the conclusion of the contract or the occurrence of the harmful event.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

Pre-contractual information – Acceptance by the Client

The Client acknowledges that he has been informed, prior to placing his order and concluding the sale, in a legible and understandable manner, by means of the provision of these General Terms and Conditions of Sale and in accordance with the provisions of Article L 221-5 of the Consumer Code:

• On the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;

  On the price of the Services and the application of a personalized price on the basis of automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage obtained instead of or in addition to it and on the nature of this advantage;

  On the terms of payment, supply and performance of the contract;

  In the absence of immediate performance of the contract, on the date or period within which the Seller undertakes to provide the Services ordered;

  On the identity of the Seller, his postal, telephone and electronic contact details, as well as on his activities, if they are not out of context;

  On the legal and contractual guarantees and their terms of implementation;

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

  On the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the terms of termination and other important contractual conditions and, where applicable, on the costs of using the distance communication technique, the existence of codes of good conduct and financial guarantees and guarantees;

• On the accepted means of payment.

  The fact that a Client orders on the mobility-e-bike.re website implies full and complete acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Services ordered, which is expressly acknowledged by the Client, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.

  APPENDIX I - Withdrawal form

  This form must be completed and returned only if the Client wishes to withdraw from the order placed on mobility-e-bike.re unless excluded or limited to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

Attention:

701 Frangipani Street

97438

Sainte-Marie

mobilityebike7@gmail.com

I hereby notify the withdrawal of the contract for the following service order:

Ordered on ....... / Received on .........

Order Number: ...........................................................

Customer Name: ...........................................................................

Customer Address: .......................................................................

Signature of the Client (only in case of notification of this form on paper):

Date:.................................