|Article 1 - Scope and pre-contractual information|
These general conditions of sale (the "Cgv») Apply for sales of electric scooters, batteries, spare parts, accessories and related repair services (the"Products») Concluded between societyArt technologyand consumers customers (the "Clients)») From the websitewww.pietchnology.com(the "Website »).
2 Grande Rue de la Guillotière 69007 Lyon
No particular condition can not, without prior acceptance and written art technology prevail on the GSC, so that all the contrary conditions laid down by the customer will, in the absence of prior acceptance and written of art technology, unenforceable to the latter.
PIE TECHNOLOGY reserves the right to modify the CGVs at any time and will inform the customer, the modifications being then applicable to orders placed after the posting of the modified CGVs.
These CGVs can be consulted on the website and are also communicated for customer acceptance during the product ordering process on the website. Any order of products therefore implies the pure and simple acceptance of the CGVs.
The Customer acknowledges having had Communication, prior to the order of the products, in a legible and understandable manner, presents CGV and the information listed in Article L.221-5 of the Consumer Code and in particular the following information:
• Information about complete identity and coordinates of PIE technology
• The essential characteristics of products offered for sale
• The price of services and payment terms
• the general and specific conditions for the use of products
• Delivery and processing methods
• the procedures for exercising legal warranties related to products
• the conditions and modalities of exercise of the right of withdrawal.
The CGVs are written in French in their original version which alone is authentic, priming any other version translated into a foreign language.
If any stipulation of the CGV is declared null or without effect regardless of the legal basis by a court or any other administration or authority, such a decision will in no case affect the validity of the other stipulations.
The fact of not exercising, at any time, a prerogative or a right recognized by the GSCs, or not to require the execution of any stipulation of the present may in no way be interpreted, nor as a modification of the Contract, nor as an express or tacit waiver by PIE TECHNOLOGY with the right to exercise such prerogative in the future, or the right to demand the scrupulous execution of the commitments subscribed herein.
|Article 2 - Identity and coordinates of PIE TECHNOLOGY|
Online sales from the website are offered and managed by Pie Technology.
Any request, complaint or payment concerning the products sold online must be sent by the client directly to PIE TECHNOLOGY whose set of contact information is indicated below:
|Identity:||PIE TECHNOLOGY, SIMPLIFIED ACTION COMPANY Unipersonnels, to the share capital of 5000 €, represented by its President, Mr. Robinson Gillet.|
|SIREN / VAT:||SIRET 83771672900020 intra-Community VAT n ° FR91837716729|
|Address :||2 Grande Rue de la Guillotière - 69007 Lyon (France)|
|Article 3 - Products|
The products offered for sale by Pie Technology are described and presented on the website, with their descriptions, photos and technical specifications.
Although Pie Technology makes every effort to ensure that photographs present on the website are loyal and updated reproductions of its products, the customer is expressly informed that the said photographs, illustrations and indications (including dimensions, of Technical and / or color characteristics) are given only as an indication and can not therefore constitute a contractual commitment, nor any guarantee on the part of the pieces of technology, on the perfect similarity between the products ordered by the customer and the photographs illustrations and indications on the website.
In any event, the Customer is invited to contact PIE TECHNOLOGY at the details referred to in Article 2
above for any questions and / or additional accuracy concerning the products.
|ARTICLE 4 - ORDERS - TRAINING CONTRACT TRAINING|
The quotes established by PIE technology from the website are valid for a period of sixty (60) calendar days from their date of issue.
Any indication and / or tariff proposal provided by mail, electronic email and / or telephone, without being formalized as part of a quotation, can not engage in any way and in any way.
4.2. Online ordering process
For any order of products from the website, the customer must follow the following steps whose order may vary depending on the updates and technical constraints of the website.
1) Compose the address of the website and follow the instructions displayed in particular for the creation of a customer account (mandatory for the passing award).
2) Completing, according to the indications displayed, the order form and in particular the information necessary for the identification of the client, his name, his first name, his mailing address, his e-mail address, his delivery address and his billing address.
The customer is responsible for the accuracy and completeness of the information provided and seized on the website, so that PIE technology can not be responsible for any default, delay and / or non-delivery compliance related to shortcomings or errors in the information entered.
3) Check the elements of the command and if necessary identify and correct any errors and forgetfulness.
4) Validate the order, the total price All taxes included (TTC), as well as if applicable the processing and delivery charges mentioned during the order.
5) Follow the instructions of the online payment server to pay the price all taxes included (TTC), including the incidental fees.
6) The customer then receives electronically with a confirmation of acceptance of payment of the order.
In the case where the price of the price all taxes (TTC) and all costs included would be impossible, the online sale will be immediately resolved as a result of right and the canceled order, without the customer can not make any claim as such.
The client definitely validates his order, given a summary displayed on the screen, by clicking on the tab "confirm the paymentTo manifest his commitment, his knowledge and acceptance of the GTCs and the purchase made.
At the end of the order process, it is recommended to the client to download, save and / or print the CGVs, as well as the information relating to the passed order.
As of its validation, the order is subject to PIE technology for processing and can no longer be canceled or modified by the Customer subject to the clauses relating to the withdrawal faculty referred to in Article 8 below.
An email of order confirmation summarizing the details of the passed order accompanied by the CGV is sent to the client at the email address it will have filled in the order.
|Article 5 - Availability of products|
Product offers and prices offered by Pie Technology are valid as long as they are available on the website and only within available stocks.
In case of unavailability of the product (s) ordered, the customer will be informed by e-mail, telephone or simple mail as soon as possible upon receipt and validation of the order.
The customer will then be able to choose (I) Either accept the delay proposed by Pie Technology the time to receive the product (s) ordered (s), (ii) to solicit the cancellation of the order and the repayment of the paid price, (III) to request the delivery of an equivalent or similar product in return for the price it will have paid, possibly increased price supplement or on the contrary decreased from a price reduction depending on the replacement product. exclusion of any other claim or any compensation.
|Article 6 - Prices and terms of payment|
The prices of the products are indicated on the website as well as during the ordering process.
The prices of the products are indicated in euros (€) and agreed all taxes included (TTC) taking into account the VAT rate applicable on the day of the order.
Unless otherwise specified during the order, all taxes included (TTC) include the processing and delivery costs of the products.
For any sale made outside of metropolitan France, the customer only assumes the charge and the responsibility for the payment of all import duties and taxes that could be applicable.
PIE TECHNOLOGY reserves the right to modify its prices at any time, with the understanding that the orders of products will be billed on the basis of the rates in force, at the time of registration of each order, as they will appear on the website .
6.2. Payment terms
The price of all taxes included (TTC) is payable in euros (€) and must be settled in its entirety on the day of the online order.
Constitutes a payment within the meaning of this article the actual provision with PIE Funds technology corresponding to the price all taxes included (TTC) and all costs included.
Payments can be made by credit card or bank transfer
In case of payment by credit card, the price all taxes included (TTC) and all costs included products ordered is immediately charged on the customer's credit card after verification of the data of the client, upon receipt of the debit authorization of The share of the issuing company of the credit card used by the customer.
The commitment to pay giving a payment card is irrevocable.
By communicating the information relating to its credit card, the client authorizes PIE technology or its provider to debit its credit card of the total price all taxes included (TTC) and all costs included products ordered.
To this end, the customer confirms that he is the holder of the bank card to be debit and that the name on the credit card is actually his.
The customer communicates the sixteen (16) numbers and the expiry date of his blue card as well as if necessary, the numbers of the visual cryptogram.
It is expressly recalled that the online sale will be immediately resolved from right and the canceled order, without the customer can not make any claim as such, if:
- In the case of a bank transfer payment: PIE TECHNOLOGY does not receive the transfer on its bank account of the amount corresponding to the price all taxes included (TTC) within seven (7) working days from the date of the order.
After payment of the products, pieces technology addresses an invoice to the client by mail and / or electronic email.
|Article 7 - Delivery of products|
In principle and unless otherwise agreed, the products are shipped by PIE technology or other external providers and / or any independent carrier mandated for this purpose by PIE technology, by parcel or other means of routing according to the number, of the nature and volume of ordered products.
Except particular case, pieces technology assures:
- the shipment of products ordered within 48 hours (2 working day) from the date of the order;
- the routing and delivery of the products ordered within a period between 2 and 7 working days from the date of the order.
Notwithstanding the preceding clauses, it is expressly agreed that delivery times depend and may vary depending on the availability of the stocks, the period of activity, the date and time of the passage of the order, of the nature and volume of the order, the time of preparation and shipping of the order, the delivery places desired by the customer, the transport constraints specific to carriers, climatic and meteorological conditions and other elements that may Influence and are placed outside the control of pieces technology.
Pie technology can be brought to divide an order into multiple shipments according to the availability of products. In this case, pie technology will inform the client by email or phone.
Timelines with reference only, PIE TECHNOLOGY nevertheless undertakes to make its best efforts to deliver the products ordered to the agreed deadlines.
Except for the case of force majeure, if the products are not delivered within the deadlines communicated by PIE TECHNOLOGY, the Customer may request in writing the resolution of the sale in the conditions and in the manner of Articles L.216-2 and L.216 -3 of the Consumer Code.
Any modification of the order accepted by PIE technology will necessarily result in an extension of delivery times. Similarly, the delivery of the products can not be postponed at the request of the customer only on prior written and written agreement.
The customer is required to check the condition of the packaging of the products and the compliance of the products delivered upon receipt. The customer must in particular refuse the receipt of the products and / or issued his reserves and his claims, since he has observed an anomaly such that in particular a package or a damaged package, a missing product compared to the documents attached to the delivery.
In the case of non-compliance of products in kind or in quality, the customer must inform PIE technology according to the coordinates referred to in Article 2 above.
General conditions of sale Oney X Payplug
"3x 4x with fresh"
Payment of your order in 3 or 4 times per CB from 100 € of purchases up to 3000 € with Oney Bank.
Our Oney Bank partner offers you a funding solution called 3x 4x Oney, which allows you to pay for purchases from 100 € to 3000 € in 3 or 4 times with your credit card.
Terms : This offer is reserved for individuals (Major natural persons) residing in France and holders a Visa and MasterCard credit card with a validity date above the duration of the selected funding. Systematic authorization cards including Electron type, Maestro, Nickel etc ... as well as E-Cards, Indigo and American Express cards are not accepted.
TERMS OF SUBSCRIPTION : After finishing your order, simply click on the "Payment button in 3x 4x Oney by credit card". You are then redirected to our partner's 3x 4x Oneey Internet page displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify using the connection credentials related to your 3x 4x Oney account. You read the general payment terms and conditions to which you want to subscribe to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance by the corresponding check box. You acknowledge that the "Double Click" associated with the checkbox on the knowledge of the general conditions are for consent to contract and constitute an irrevocable and unreserved acceptance of the general conditions of the product. Unless otherwise evidence, the data recorded by Oney Bank are the proof of all transactions between you and Oney Bank. If you are asking for a funding solution proposed by Oney Bank, the information relating to your order will be forwarded to Oney Bank, which will use them for the purpose of studying your application for the granting, management and the Credit recovery. Oney Bank reserves the right to accept or refuse your request for financing in 3x 4x Oney. You have a 14-day withdrawal time to give up your credit.
Functioning : Payment in 3 or 4 times per credit card allows you to pay the order made on our merchant site as follows
- a mandatory contribution, debited on the day of confirmation of the shipment of your order corresponding to a third party or a quarter of the order, to which are added costs corresponding to 1.45% of the total amount of the order for a 3 times and 2.2% for a 4 times (up to 15 € maximum for a payment in 3 times and 30 € maximum for a 4 times)
- Two or three monthly payments, each corresponding to a third or a quarter of the order, taken at 30 and 60 days after for the 3 times and 30, 60 and 90 days later for 4 times.
● The payment in 3 times from 100 € of purchase and up to 3000 € Example: for a purchase of € 150, contribution of € 52.18 and then 2 monthly payments of 50 €. Credit of 2 months at TAEG sets 19.31%. Cost of financing: € 2.18 within the limit of 15 € maximum.
● The payment in 4 times from 100 € of purchase and up to 3000 € Example: for a purchase of € 400, contribution of € 108.80 then 3 monthly payments of 100 €. 3 months credit at TAEG sets 19.61%. Cost of financing: 8,80 € up to 30 € maximum. Oney Bank - SA at the capital of 51,286,585 € - Headquarters: 34 Avenue de Flandre 59170 Cross - RCS Lille Métropole 546 380 197 - N ° ORIAS: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr "
|ARTICLE 8 - LEGAL RIGHT OF RETRALATION|
8.1. Conditions of exercise of the legal right of withdrawal
The Customer benefits from a legal right of withdrawal without reasons for any order of products made since the website in accordance with the provisions of Articles L.2211-18 to L.221-28 of the Consumer Code whose provisions are reproduced by the 'Annex 1.
The withdrawal period expires fourteen (14) working days after the day the customer, or a third other than the carrier and designated by the customer, physically takes possession of the product (s).
In order to exercise this right of withdrawal, the Customer must, before the expiry of the fourteen (14) days referred to above, notifying PIE technology according to the coordinates referred to in Article 2, its decision of withdrawal by means of the withdrawal form Annexed to these CGV and / or a declaration devoid of ambiguity addressed by simple mail, fax or e-mail.
Apart from the opportunity given to the customer to retract under the conditions referred to in this article, the sale of the products is firm and definitive from the validation of the order.
The legal right of withdrawal provided for in this section can not apply for damaged, deteriorated and / or non-comprehensive products (spare parts, accessories, etc.) after being unpacked and / or used by the customer, so that Products are unfit for new marketing.
8.2. Return of products
In the event of the exercise of the right of withdrawal, the customer must return the ordered products, in their packaging and in perfect state of conservation, with a technology or to any person designated by the latter, without excessive delay and, at the latest, in The fourteen (14) working days following the day of communication of his decision to retract. The customer supports the expenses and direct costs related to the return of the products.
The customer's responsibility may be engaged in the event of depreciation of the products resulting from abnormal and excessive manipulations.
In case of exercise of the right of withdrawal, PIE TECHNOLOGY reimburses the customer of all the sums paid if the machine was not used or part the sum if the machine was used Article L.221-23, including Delivery charges, with the exception of additional fees arising from the fact that the customer has chosen, if necessary, a mode of delivery other than the less expensive standard delivery mode.
PIE TECHNOLOGY proceeds to the reimbursement of the sums paid without excessive delay and, at the latest, within the fourteen (14) working days following the day it is informed of the retraction decision.
The client is informed that PIE TECHNOLOGY reserves the right to postpone the refund up to (i) the receipt of the products or (ii) until the provision of proof of shipment of the products, the date retained being that of the first of these facts.
PIE TECHNOLOGY proceeds with the refund of the sums using the same payment method as that used by the customer for the order, unless the customer expressly agrees with a different payment method.
Article L.221-23 of the Consumer Code, the consumer's liability may be engaged in the event of depreciation of the property resulting from manipulations other than those necessary to establish the nature, the characteristics, and the proper functioning of the property.
In addition, the CJEU also indicated that a compensatory indemnity of the use of the property could only be requested if it has been used by the property in an inconsistent manner with the principles of civil law, such as good faith or without cause enrichment.
Only new products will be returned, which will be intact, in perfect working order, returned with their packaging and original content (accessories, manual, battery ...). Any product used, damaged or returned incomplete by the consumer (eg scratches, breakage, ...) will not be refunded. If the product is not in perfect working order or with low mileage (less than 10 km), a discount and penalty fees will be applied after prior agreement to our customer service.
|Article 9 - Conditions for storing use and maintenance of products|
9.1. User Manual - General Conditions
Prior to any use of the products, the customer must take note of the user manual detailing the conditions, modalities, limits and instructions for use and safety related to the products.
Pie technology particularly attracts the attention and vigilance of the customer to the need not to use the products as long as he did not read and understood all the conditions, modalities, limits and instructions for use and security related to products.
In particular and without this being exhaustive, the customer must, prior to any use of the products, take awareness and master:
- the functions and characteristics of the different parts composing the products (in particular the schemes provided in the user manual);
- the conditions and modalities of assembly, assembly, starting, stop and folding of the products;
- the conditions and modalities of reading and adjusting the dashboard of the products;
- the conditions and modalities of storage, use, manipulation and safety related to the batteries of the products.
In general and without the particular conditions set out below may in any way limit the obligations of the Customer, the latter undertakes, in all circumstances, to respect scrupulously all the conditions, modalities, limits and instructions of Use and safety related products, whether while storing, manipulating and / or using products.
In any event, the Customer is invited to contact PIE TECHNOLOGY at the details referred to in Article 2
above for any questions and / or additional interrogation that it might have about the use of products.
9.2. Special conditions before the use of products
Systematically and before each use of the products, the customer is obliged to follow the conditions, modalities and instructions for control and safety on the products, as indicated in the user manual.
The Customer prohibits the use of products and is obliged to contact the PIE technology service in case of detection of any defects and / or anomaly during product control and safety operations, following in particular the indications provided in The user manual.
9.3. Special conditions during the use of products
The customer undertakes, in all circumstances and during each use of the products, to carefully respect the set of conditions, modalities, limits and instructions for use and security related to the products, as indicated in the manual of use.
Without limiting the generality of the above, the customer undertakes in particular to:
- use the products after having fully learned, learned and control the conditions and modalities of circulation safe;
- Do not use or let the products use by anyone who does not have the minimum age required depending on the type and nature of the product;
- Do not use or let the products in rain, snow, hail and / or high humidity, and more generally not to leave the water enter the products and their components (especially in case of washing the Products);
- wear and carry all safety and protection equipment when using products (facing headphones, kneeling, elbows, hands, upper body, unopened and adapted shoes, etc.);
- be vigilant during the operations of rotation, folding and unfolding products, any negligence during these operations that may cause bodily injury;
- do not use or let the products use by cascading, jumps and / or falls of any kind, which can cause significant dysfunctions on products and / or cause accidents;
- do not use or allow the products up to two or more people (including with minors);
- Do not disassemble, disassemble, reassemble, adjust, deregulate all or part of the products and / or components, with all of these transactions being reserved for Rise Up and / or any reseller or specialist repairer;
- Respect and scrupulously respect and in all circumstances, all the legislation, regulations and standards applicable to the use of products, including the regulation of insurance and road traffic, being specified that in all Assumptions and circumstances, the products can not be used by circulating on the roads open to the public.
9.4. Special conditions for maintenance of products
The Customer is required to follow the conditions, modalities and instructions for storing and maintaining products, their components and spare parts, as indicated in the user manual.
The client prohibits the use of products and is obliged to contact the PIE technology service when detecting any defects and / or anomaly during product control and maintenance operations, following in particular the indications provided in The user manual.
9.5. Special conditions for product assurance
The Customer is required to subscribe and maintain for the duration of the products, with a notoriously solvent insurance company, a police covering its unlimited civil liability and all the risks and damage to material and / or corporal whereas products may suffer or cause products to all goods and all thirds.
Pie Technology particularly attracts the client's attention and vigilance to the fact that it remains alone and fully responsible for the risk and material and / or bodily damage that products may experience or cause products when using the customer.
9.6. Limitation of liability for pieces of technology
PIE TECHNOLOGY can not be held responsible, to any title and on any legal basis, of any prejudice, damage, material and / or corporal, direct or indirect, occurring following a storage, use and / or maintenance of the Products under contrary and / or insufficient conditions compared to these Article 9 and more generally the terms, modalities, limits and instructions for use and safety in the User Manual.
|Article 10 - Guarantees|
10.1. Legal guarantees
Products benefit fromThe legal guarantee of conformityand someLegal guarantee of hidden defectsin accordance with the provisions of the Consumer Code and the Civil Code reproduced in Annex 2.
Under the legal conformity warranty, the customer is informed of the fact:
- that, in accordance with the articles of the Commercial Code, it may, within two (2) years of issuing the product, act against piepete technology;
- that it may choose between the repair or replacement of the product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
- that it is exempted to report the evidence of the existence of the defect of conformity of the product during the twenty-four (24) months following the issuance of the product;
- that the legal warranty of compliance applies regardless of the commercial guarantee that can possibly cover the products.
Under the legal guarantee of hidden defects, the customer is informed that he:
- may decide to implement the guarantee against hidden defects making the product unfit for its normal destination in accordance with Article 1641 of the Civil Code;
- may choose in this case between the sale resolution or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
To assert its rights, the customer will have to inform PIE technology by registered letter with acknowledgment of receipt, according to the contact information referred to in Article 2 above.
It is expressly agreed and recalled that the implementation of the above-mentioned legal guarantees assumes that the Customer stored, used and maintained the strictly compliance products with the conditions referred to in Article 9 above.
Regardless of the above-mentioned legal guarantees, it is expressly agreed that any defect affecting the battery life, without the fault that does not affect the battery charging function, is guaranteed by Pie Technology within the limit of a duration three (3) months (invoice date being authentic).
Therefore, it is expressly agreed and recalled that, passed the period of six (6) months from the date of purchase, the customer will no longer be able to make any claim for a defect and / or insufficiency. on the battery life when this defect and / or insufficiency does not in itself affect the product loading function and does not fall within a lack of compliance and / or a hidden vice of the product within the meaning of the above-mentioned legal provisions.
10.3. Faults - SAV
Any claim made by the Customer for a return of the products must be carried out with the SAV of PIE technology at the email address mentioned in Article 2 above.
In case of a product of a product buy at Pie Technology, the products will be sent in their packaging at the cost of the customer to be analyzed by the service and determine whether the default and / or the failure invoked render or not as part of the legal guarantees. and aforementioned commercial.
It is suitable for the customer to contact PIE technology upstream to know the address of sending and to put in the carton the machine with the purchase invoice and the service sheet.
Failing if the product does not fit for the causes indicate on the invoice, PIE TECHNOLOGY will send to the customer a quote including the price of spare parts and labor costs as well as the return of the machine.
Warranty exclusion: all hulls, broken chassis or cracked - trace of oxidation corrosion of cards or motors - important shock
on the hull - misuse - machine already open or modified - LED and faulty LCD screen - bearings, screws and cables - defective charger
Warning :The service electrical products must be packed in their original carton or in a cardboard in good condition. Any sending of products without cardboard or with a damaged cardboard, will be assigned a personalized cardboard resulting in additional billing (excluding shipping costs).
|Article 11 - Intellectual Property|
The Customer is informed that all intellectual property rights (trademarks, know-how, factory secrets and other intellectual property rights and / or industrial), as well as any element related to the design and sale of Products ordered, protected or not within the meaning of the Code of Intellectual Property, including the content, photographs and illustrations on the website belongs entirely and exclusively to Pie Technologie.
As a result, unless there is prior written consent of PIE TECHNOLOGY, the Customer is concerned with using, reproducing, disseminating, exploiting, modifying or reducing in any way and at any time the rights of Intellectual property and other mentioned elements belonging to Pie Technology.
|Article 12 - Personal data - proof and archiving|
The information and data filled and seized by the customer on the website are collected and collected by PIE technology only for the needs of the processing, the preparation and delivery of the products ordered.
This information and data are likely to be collected and recorded in a client file held by PIE TECHNOLOGY in accordance with the regulations relating to personal data.
The customer has in any event and at any time of the right of access, rectification, modification and deletion, limitation and portability of his personal data concerning him. The Customer may exercise these rights by contacting PIE TECHNOLOGY at the e-mail address referred to in Article 2. The Customer also has the right to lodge a complaint with the CNIL.
If the customer consents expressly (especially by a check box provided for this purpose during the ordering process), the information and data collected may be kept and used by PIE technology for sending newsletters, promotional offers and other offers special offers Products.
The archiving of orders and invoices is carried out by Pie Technology on a reliable and durable support so as to constitute a faithful and lasting copy.
These commands and invoices may be produced as proof of sales of products.
|Article 13 - Applicable Act|
These general conditions and the resulting product sales are exclusively governed by the provisions of the French law, excluding the Vienna Convention of 1980 on the international sale of goods.
|Article 14 - Rules of disputes|
For any dispute relating to the validity, interpretation, execution, non-performance, interruption and / or termination of the present CGVs and product sales, only the French courts will be competent and determined in accordance with the rules of procedure French civilians.
Any complaint must be addressed by the client by registered letter with acknowledgment of receipt of the Customer Service of PIE TECHNOLOGY at the address mentioned in Article 2 above.
If it does not obtain satisfaction as a result of the complaint addressed, the customer is informed of the possibility he has to submit the dispute to a mediation procedure.
This mediation procedure that does not constitute a compulsory prerequisite before the introduction of litigation, aims only to attempt to bring the parties closer together to reach an amicable solution.
As a result, pieces of technology as the customer remain free to accept or refuse the use of mediation, as well as accept or refuse the solution proposed by the Ombudsman.
Provisions relating to the legal right of withdrawal
Article L.221-18 of the Consumer Code
The consumer has a period of fourteen days to exercise his right of withdrawal of a distance concluded, following a telephone or off-establishment, without having to motivate his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1°The conclusion of the contract for service provision contracts and those mentioned in Article L. 221-4;
2°The receipt of the property by the consumer or a third party, other than the carrier, designated by him, for contracts of sale of goods. For contracts concluded off the establishment, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of a command of a property composed of lots or multiple parts whose delivery is staggered over a defined period, the time runs from receipt last good or lot or the last piece.
For contracts providing for regular delivery of goods for a defined period, the time runs from receipt of the first property.
Article L.221-19 of the Consumer Code
In accordance with Council Regulation No 1182/71 / EEC of 3 June 1971 determining the rules applicable to deadlines, dates and terms:
1°The day the contract is concluded or the day of receipt of the property is not counted within the time mentioned in Article L. 221-18;
2°The delay starts running at the beginning of the first hour of the first day and ends the expiry of the last hour of the last day of the deadline;
3°If this period expires on a Saturday, a Sunday or a holiday or personum, it is extended until the next working day.
Article L.221-20 of the Consumer Code
When the information relating to the right of withdrawal were not provided to the consumer under the conditions laid down in 2 ° of Article L. 221-5, the withdrawal period shall be extended by twelve months from the expiry of the deadline. initial withdrawal, determined in accordance with Article L. 221-18.
However, when the provision of this information comes during this extension, the withdrawal period expires after a period of fourteen days from the day the consumer received this information.
Article L.221-21 of the Consumer Code
The consumer exercises his right of withdrawal by informing the professional of his decision to retract by the sending, before the expiry of the period provided for in Article L. 221-18, of the withdrawal form mentioned at 2 ° of the Article L. 221-5 or any other declaration, devoid of ambiguity, expressing its willingness to retract.
The professional may also allow the consumer to complete and transmit online, on his website, the form or declaration provided for in the first paragraph. In this case, the professional communicates, without delay, to the consumer an acknowledgment of receipt of the withdrawal on a sustainable support.
Article L.221-22 of the Consumer Code
The burden of proof of the exercise of the right of withdrawal under the conditions laid down in Article L. 221-21 weighs on the consumer.
Article L.221-23 of the Consumer Code
The consumer refers or returns the property to the professional or to a person designated by the latter, without excessive delay and, at the latest, within fourteen days of the communication of his decision to retract in accordance with Article L. 221-21 Unless the professional proposes to recover these goods himself.
The consumer only supports the direct costs of returning property, unless the professional agrees to take charge or if he failed to inform the consumer that these costs are dependent. Nevertheless, for the contracts concluded out of the establishment, when the goods are delivered to the home of the consumer at the time of the conclusion of the contract, the professional recovers the goods at his own expense if they can not be returned normally by post because of their nature.
The responsibility of the consumer can not be initiated only in the event of impairment of the property resulting from manipulations other than those necessary to establish the nature, the characteristics and proper functioning of these goods, provided that the professional informed the consumer of his right with retraction, according to the 2 ° of Article L. 221-5.
Article L.221-24 of the Consumer Code
When the right of withdrawal is exercised, the professional reimburses the consumer of all the sums paid, including the delivery charges, without unjustified delay and at the latest within fourteen days from the date on which he is informed of the consumer decision to retract.
For property sales contracts, unless he proposes to recover the property himself, the professional may defer the refund until the recovery of the goods or until the consumer has provided proof of the Shipping of these goods, the date retained being the first of these facts.
The professional makes this refund using the same means of payment as that used by the consumer for the initial transaction, unless expressly agreed by the consumer so that he uses another means of payment and to the extent that the refund does not cause Fees for the consumer.
The professional is not required to repay additional charges if the consumer has expressly chosen a more expensive delivery mode than the standard delivery mode proposed by the professional.
Article L.221-25 of the Consumer Code
If the consumer wishes that the execution of a service provision or contract mentioned in the first paragraph of Article L. 221-4 begins before the end of the withdrawal period referred to in Article L. 221-18 The professional collects his express request by any means for contracts with remote and paper or sustainable support for out-of-school contracts.
The consumer who has exercised his right of withdrawal of a service provision or contract mentioned in the first paragraph of Article L. 221-4 whose execution began, at his express request, before the end the withdrawal period pays the professional an amount corresponding to the service provided until the communication of his decision to retract;
This amount is proportionate at the total price of the agreed benefit in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided.
No sum is due by the consumer who exercised his right of withdrawal if his express request was not collected pursuant to the first subparagraph or if the professional did not comply with the obligation of information provided for in 4 ° of Article L.221-5.
Article L.221-26 of the Consumer Code
The consumer who has exercised his right of withdrawal of a numerical content provision contract not supplied on a hardware support is indebted from any amount if:
1°The professional did not collect his prior agreement for the execution of the contract before the end of the withdrawal period and the proof of his renouncement to his right of withdrawal;
2°The contract does not repeat the references provided for in the second paragraph of Articles L. 221-9 and L. 221-13.
Article L.221-27 of the Consumer Code
The exercise of the right of withdrawal terminates the obligation of the parties to execute the distance contract or the offshore contract, to conclude it when the consumer made an offer.
The exercise of the right of withdrawal of a remote or out-of-the-art principal contract shall automatically terminate any incidental contract, at no cost to the consumer other than those provided for in Articles L. 221-23 to L. 221-25.
Article L.221-28 of the Consumer Code
The right of withdrawal can not be exercised for contracts:
1°Providing services fully executed before the end of the withdrawal period and whose execution began after express prior agreement of the consumer and express renunciation with his right of withdrawal;
2°Providing goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° providing goods made according to consumer specifications or significantly personalized;
4°Providing goods likely to deteriorate or permitting rapidly;
5°Providing goods that have been descented by the consumer after delivery and can not be returned for hygiene or health protection;
6°Providing goods that, after being delivered and by their nature, are mixed in an inseparable way with other articles;
7°Providing alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed to the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8°Maintenance or repair work to be carried out urgently at the home of the consumer and expressly solicited by him, within the limits of the spare parts and strictly necessary work to meet the emergency;
9°Providing audio or video recordings or computer software when they have been desceased by the consumer after delivery;
10° providing a newspaper, a periodical or magazine, except for subscription contracts to these publications;
11°Concluded at a public bid;
12°Accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities that must be provided on a specified date or period;
13°Providing numerical content not provided on a hardware medium whose execution has begun after express prior agreement of the consumer and renunciation expressly with its right of withdrawal.
(Please complete and return this form only if you wish to retract from the contract).
To the attention of Pie Technology, 2 Grande Rue de la Guillotière - 69007 Lyon
I shall notify you by this my retraction of the contract on the sale of the products below:
- Order of: ____________________
- Client name : ____________________
- Client address: ____________________
|Date:||Client's signature :|