General terms and conditions of sale

Updated on November 07, 2021

Between :

The Company RIDE ON EXPERIENCE

SAS with a share capital of €1,000, registered in the Bordeaux Trade and Companies Register under number 821 554 672, whose registered office is located at 21 rue La Praya in Lège Cap Ferret, and represented by its President, Mr. Samuel Raturat, duly authorized for the purposes of these presents; 

Hereinafter the " Seller

And : 

The Internet user, a natural person, purchasing Products offered by the Seller on the Site as a consumer.

Hereinafter referred to as the " Buyer ". 

The following has been stated and agreed upon:

Article 1: Definition

Article 2: Scope of application

Article 3: Product Offers

Article 4 : Order and payment terms

Article 5 : Delivery

Article 6: Reservation of ownership

Article 7 : Right of withdrawal

Article 8 : Guarantees

Article 9 : Responsibility

Article 10 : Customer service / mediation

Article 11: Intellectual Property Rights

Article 12: Protection of personal data

Article 13: Miscellaneous provisions

Article 14: Jurisdiction and applicable law

Article 1: Definitions

- GTC: refers to the present General Sales Conditions;

- Order: shall designate any order placed by the Buyer for Products on the Site;

- Account: refers to the personal online space created by the Internet user and/or the Buyer on the Site;

- Contract: refers to these Terms and Conditions, the placing of the Order and the sale of the Products;

- Internet user: refers to any natural or legal person accessing and/or browsing the Site;

- Parties: means both the Buyer / Internet user and the Seller;

- Products: shall designate the products offered for sale by the Vendor, the list and detailed description of which may be consulted on its Site;

- Customer Service: shall designate the messaging and telephone service available to assist the client in choosing Products and in managing or canceling Sales Orders;

- Site: shall designate the Internet site operated by the Vendor for the presentation and sale of its Products, and accessible at https://rideonexperience.com.

Article 2: Scope of application

2.1. Purpose of the GTC

These GTC determine the rights and obligations of the Parties in the context of the online sale of Products offered by the Seller through the Site. 

They are an integral part of the Contract between Buyer and Seller and are fully enforceable against Buyer. 

The Internet user and/or the Buyer declares to be of legal age or holder of a parental authorization and in full legal capacity to contract legally under the French laws. 

The Buyer acknowledges that all orders for Products must be placed for personal use, to the exclusion of any resale or professional use. Any Product Order placed for resale or professional use must be made by first contacting the sales department dedicated to professionals via the contact e-mail address pro@rideonexperience.com.

2.2. Acceptance of the T&Cs

Prior to creating an Account and/or placing an Order on the Site, the Internet User and/or the Buyer agrees to read these general terms and conditions of sale, and where applicable, the special terms and conditions of sale related to a specific Product, and to accept them without restriction or reservation. The Seller ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. 

In any case, any creation of an Account and/or placing of an Order on the Site implies express and unreserved acceptance of the GTC. The Buyer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. 

2.3 Modification of the GTC

The Seller reserves the right to modify the GTC at any time by publishing a new version on its Site. 

In any event, the applicable GTCs are those in effect on the date of payment (or the first payment in the case of payment by installments) of the Order. 

Article 3: Product Offers

3.1 Characteristics of the Products

The Seller offers for sale through its Site Products related to electric mobility. 

The essential characteristics of the Products, their prices as well as their conditions and mode of use, are made available to the Internet user and/or the Purchaser on the Site. The contractual information relating to the Products is presented in French. 

The Internet user and/or the Buyer acknowledges that the illustrations or photos of the Products offered for sale have no contractual value. 

The Products offered on the Site comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection.

3.2. Prices of the Products

In accordance with Article L.112-1 of the French Consumer Code, the Buyer is informed of the prices and specific conditions of sale of the Products before placing an Order. 

The prices of the Products sold on the Site are indicated in Euros, all taxes included, and are precisely determined on the pages describing the Products. These prices do not include delivery costs, costs related to certain packaging or the price of other optional services subscribed to by the Purchaser (which are charged in addition). Any such costs shall be indicated to the Buyer when the Order is placed, and in any event when the Order is confirmed. 

The prices of the Products are also indicated in Euros, all taxes included, on the order page of the Products. In any case, the total amount due by the Buyer is indicated on the Order confirmation page. 

The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the Order. 

The Internet user is also informed that the telecommunication costs necessary to access the Site remain at his expense. 

3.3. Availability of the Products

The offers of Products presented by the Seller are valid as long as they appear on the Site and within the limits of available stocks. 

The Seller undertakes to provide the Buyer with clear information on the Product presentation page as to the availability of the Product or any estimated restocking dates. 

The Seller undertakes to make its best efforts to ensure that the Web Site is kept up to date with the current stock of Products. In the event of an Order for a Product that is unavailable, the Seller shall inform the Buyer, who may either agree on a new delivery date, or request a credit note corresponding to the price of the Product, or request the cancellation of the Order and its full refund.

Article 4 : Order and payment terms

4.1. Terms of Ordering

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Buyer is hereby informed that the Order is made by following the steps below:

  • The Buyer chooses one or more Products to add to his or her basket, selecting the options and the quantity. The basket can be freely modified before validating the Order. 
  • To validate the Order, the Buyer must check the box relating to the acceptance of the GTC, and click on "Proceed to payment". 
  • The Buyer is then invited to fill in his contact details, or to connect to his Account, and then choose his delivery method. 
  • After validation of this information, the Buyer selects the payment method he/she wishes to use for the Order, and fills in the various payment information requested.
  • Finally, the Purchaser must fill in the billing information and then click on "Confirm Order" to confirm the Order. Before proceeding with the confirmation of the Order, the Buyer has the possibility to check the details of his Order, its price, to correct any errors, or to cancel his Order. 
  • The Order will be considered final after payment of the price by the Buyer. The Buyer will receive confirmation by email of the payment of the Order and its validation. 

The terms and conditions of the offer shall be sent by e-mail to the Buyer after validation of the Order and archived on the Seller's Site. The communications, the Order, the details of the Order, as well as the invoices, shall be archived on a reliable and durable medium so as to constitute a true copy. This information may be produced as proof of the Contract. 

Seller reserves the right to refuse any Order that it deems abnormal, made in bad faith or in fraud of a third party's rights.

4.2 Terms of payment

Cash payment by credit card

The Buyer may pay for his Order by credit card or by bank transfer. The bank cards used must be issued by French banks. Otherwise, the bank card issued by a bank domiciled outside France must be an international bank card (Mastercard or Visa).

Payment is due immediately upon placing the Order, including for pre-ordered Products. Once the payment is made by the Buyer, the transaction is immediately debited after verification of the banking information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. 

The Seller guarantees the security and confidentiality of payment made on the Site by credit card by using a payment service provider to process payments, PayPlug, a Société par Actions Simplifiée (simplified joint stock company) under French law, whose registered office is located at 110 avenue de France,
75013 Paris and registered with the Paris Trade and Companies Register (RCS) under number 751 658 881 RCS Paris. PayPlug is the owner and manager of the www.PayPlug.fr or www.PayPlug.com website. It is hereinafter referred to as "PayPlug".

By providing his/her banking information during the validation of the Order, the Buyer authorizes the Seller to debit his/her card for the amount of the price indicated. The Buyer confirms that he/she is the legal owner of the card to be debited and that he/she is legally entitled to use it. In the event of an error or inability to debit the card, the Order shall be cancelled immediately, without Buyer being entitled to claim any compensation in this respect. 

Payment by bank transfer

The Seller guarantees the security and confidentiality of the payment made on the Site by bank transfer by using a payment service provider, the company FINTECTURE is a simplified joint stock company, registered in the Créteil Trade and Companies Register under the SIREN number 834 500 548 and whose head office is located at 5 Avenue du Général de Gaulle, 94160 Saint-Mandé in France. FINTECTURE is approved as a payment institution by the ACPR), under the number 17248, which can be consulted on the official register accessible at the following address: www.regafi.fr.

By providing his/her bank account information when validating the Order, the Buyer authorizes the Seller to debit his/her bank account for the price indicated. The Buyer confirms that he/she is the legal owner of the bank account to be debited and that he/she is legally entitled to use it. In the event of an error or inability to debit the bank account, the Order shall be cancelled immediately, without Buyer being entitled to claim any compensation in this regard. 

Payment in monthly installments

The Buyer has the option of paying for the Order in several instalments, free of charge (two, three, four, six or ten instalments according to the Buyer's choice). 

This installment plan is offered by the Seller's partner, ALMA, a simplified joint stock company registered in the Nanterre Trade and Companies Register under number 839 100 575 and whose registered office is located at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine.  

Payment in installments without charge is reserved for (i) natural persons of legal age, (ii) holders of a Visa, Mastercard, American Express or Cartes Bancaires bank card issued by a French bank, (iii) valid for at least 3 months after the first due date, and (iv) whose use is not subject to a request for prior authorization (in particular Visa Electron and Maestro cards). However, access to the installment plan is subject to the decision of ALMA, which may refuse access to the Buyer in the event of suspected insolvency or fraud.

In the case of payment in installments, the first installment shall be debited on the date the Order is placed, and subsequent installments shall be debited in accordance with the terms and conditions specified by the Seller's payment partner at the time the Order is placed, namely ALMA. 

The Buyer's rights of access and opposition can be exercised with Alma SAS - Customer Service - 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine. For any question about a payment or a refund, the Buyer can contact Alma at support@getalma.eu .

The Buyer undertakes to ensure that the payment card used for the instalment payment is valid until the last instalment, and that he has a sufficient balance on his bank account. The Seller shall in no case be held responsible for any charges related to an early withdrawal or an insufficient balance on the Buyer's bank account.

Article 5 : Delivery

5.1. Terms of delivery

The Products sold on the Site can be delivered in metropolitan France, Corsica, within the countries of the European Union and outside the European Union, except for specific restrictions. In any case, when the Buyer selects the address of a country in which delivery cannot be made, the latter is immediately informed of the impossibility of shipping the Product(s) to the address indicated and of continuing with the Order.

The delivery costs for the selected territory are specified when the Order is placed. 

Delivery shall be made to the address indicated by the Purchaser when placing the Order. In this respect, the Buyer agrees to provide accurate, truthful and up-to-date contact information. 

The Products will be delivered according to the terms and conditions proposed to the Purchaser when the Order is placed and selected by the latter. A confirmation e-mail will be sent to the Buyer after validation of the Order, reminding him/her of the delivery conditions and information allowing him/her to track his/her Order. 

5.2. Delivery times

Orders placed before 12:00 (noon) are shipped within 48 hours, unless otherwise specified on the product page.

The delivery times indicated do not take into account the time required to prepare the Order. 

When the delivery requires an appointment with the Buyer, the latter will be contacted directly by the carrier to agree on the delivery slot. 

When Buyer places an Order that includes several Products, the latter may be subject to different delivery times. In this case, the Seller shall ship the available Product(s) in a first shipment, and shall send the other Products later once they are available. 

5.3. Delay in delivery

The Seller undertakes to make its best efforts to respect the delivery deadlines specified at the time of placing the Order. In the event of an Order for Products with different delivery dates, the delivery deadline shall be the latest date. 

In the event of a delay in delivery attributable to the Seller, the Buyer will be informed by email of the delay in his delivery and the new estimated delivery time. The Buyer may also, in case of delay in delivery, contact the Seller's Customer Service or send an email to info@rideonexperience.com. 

In the event of failure of the Seller to deliver the Order within the agreed time, the Buyer may, after having unsuccessfully enjoined the Seller to perform its delivery obligation within a reasonable additional time, terminate the Agreement by registered letter with acknowledgment of receipt or by writing on another durable medium. The Seller will then proceed to the refund of the sums paid by the Buyer in the conditions foreseen in the Article L 216-3 of the Code of the consumption.

The Seller shall not be liable for any consequences due to late delivery or loss of packages caused (i) by a third party to the transport contract, (ii) by the Buyer or (iii) due to a case of force majeure as defined by the regulations in force and interpreted by the French courts. 

The Seller may also suspend delivery on its own initiative if the payment made by the Buyer is rejected by the card issuer, without the Buyer being able to claim any compensation in this respect.

5.4. Product not received

In case of non-receipt of a package shipped within the time limits indicated, the Buyer may notify the Seller via Customer Service or by email at info@rideonexperience.com so that an investigation can be conducted with the carrier.

This operation may last up to twenty-one (21) working days from the date of the opening of the investigation. If during this period the Product is found, it will be redirected to the address initially provided when the Order was placed. On the other hand, if the package is not found at the end of the period, it will be considered as lost by the carrier. In this case, the Buyer will be reimbursed for the sums paid within one (1) month following the end of the investigation period. No refund or return will be made during the investigation period.

In the event of non-receipt of a parcel shipped and indicated as "delivered" or "received" by the carrier's tracking system, the Buyer has 2 days to inform the Seller via Customer Service or by email at info@rideonexperience.com that the parcel has not been delivered, so that an investigation can be carried out with the carrier.

This operation may last up to twenty-one (21) working days from the date of the opening of the investigation. If during this period the Product is found, it will be redirected to the address initially provided when the Order was placed. On the other hand, if the package is not found at the end of the period, it will be considered as lost by the carrier. In this case, the Buyer will be reimbursed for the sums paid within one (1) month following the end of the investigation period. No refund or return will be made during the investigation period.

5.5. Receipt of the Products

Upon receipt of the Products, the Buyer agrees to verify the conformity of the Products delivered with the Order and, failing that, to indicate on the delivery slip, in the form of handwritten reservations accompanied by the signature of the person who received the Order, any anomaly concerning them. 

The Buyer is informed that the risks of loss or damage to the Products are transferred to him when he, or any third party designated by him, takes physical possession of the Products. 

When the Buyer entrusts the delivery of the Products to a carrier other than the one proposed by the Seller, the risks of loss or damage of the Products are transferred to the Buyer when the Products are handed over to the carrier.

The Buyer is informed that the delivery of the Products does not include the commissioning, demonstration or installation of the Products.

Article 6: Reservation of ownership

Notwithstanding Article 1583 of the Civil Code, the Products sold and delivered remain the full property of the Seller until full payment of the price by the Buyer. 

Failure to pay by the Buyer will result in the immediate return of the Products delivered at the Buyer's expense, risk and peril.

Article 7 : Right of withdrawal / Cancellation of an Order

7.1. Modalities for exercising the right of withdrawal

In accordance with the legal provisions in force, the Buyer has the right to withdraw, without giving any reason, within fourteen (14) days from the date of receipt of the Products. When this period expires on a Saturday, a Sunday or a holiday, it is extended until the next working day.  

In the event that the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded. In the event of a valid exercise of the right of withdrawal, the Vendor will pay for the cost of returning the Products at the request of the Purchaser and will send him a prepaid return label for this purpose.

The Buyer must notify his decision to withdraw by means of an unambiguous statement. For this purpose, the Buyer may use the model declaration of withdrawal in Annex 1 hereof.  

This decision of retraction must be addressed to the Seller by email at info@rideonexperience.com, or by registered mail at the address: RIDE ON EXPERIENCE - Service Clients - 34 rue Faidherbe, 75011 Paris.

7.2. Effects of the right of withdrawal

The returns of the Products are to be carried out in their state of origin and complete (packing, accessories, note); they must be accompanied by a copy of the proof of purchase and addressed to the following address RIDE ON EXPERIENCE - Customer Service - 34 rue Faidherbe, 75011 Paris.

The Seller has the right to refuse the return and refund of a non-conforming and/or damaged Product. 

In the event of a valid exercise of the right of withdrawal, the Seller shall refund the sums paid within fourteen (14) days following the notification to the Seller of the decision to withdraw, subject to the return of the Product delivered. 

The refund will be made via the payment method used by the Buyer when placing the Order.

7.3. Limitation of the right of withdrawal

The Buyer is informed that in accordance with the provisions of Article L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for personalized items.

7.4. Cancellation of an Order

Buyer may cancel his or her Order within forty-eight (48) business hours from the time the Order was placed, without having to provide any reason. This cancellation request may be sent to Customer Service or by email to info@rideonexperience.com.  

If the Order has not yet been shipped, Seller shall cancel the Order and refund the amount paid, which shall be effective within fourteen (14) days of the cancellation request. 

If the order has been shipped, the Seller will ask the Buyer to refuse the package upon delivery, and will proceed with the refund of the sums paid upon receipt of the package in its warehouses. 

The refund will be made via the payment method used by the Buyer when placing the Order.

Article 8 : Guarantees

8.1 Legal warranties

Independently of any commercial warranty, the Vendor remains liable for defects in conformity and latent defects in the Products sold, in accordance with articles L.217-3 to L.217-4 of the French Consumer Code, and 1641 to 1649 of the French Civil Code. In order to provide the Buyer with clear information, the provisions relating to the applicable legal warranties are reproduced in Appendix 2 of these GCS. 

The Seller reminds in particular that the Buyer : 

  • has a period of 2 years from the delivery of the goods to act with the Seller; 
  • that he can choose between the replacement or the repair of the good subject to the conditions provided for in Article L.217-9 of the Consumer Code;
  • that he is exempted from proving the existence of the lack of conformity of the good during the two years following the delivery of the good.

The Seller undertakes to reimburse the Buyer or to exchange the defective Products or those that do not correspond to the Order placed. 

The request for refund must be made by email to support@rideonexperience.com, or by registered mail to the address: RIDE ON EXPERIENCE - Siège social - 21 rue la Praya, 33950 Lège Cap Ferret. The Buyer undertakes to describe precisely the reasons justifying the non-conformity.

Any return of Products under the legal guarantees specified above must be sent to the following address: RIDE ON EXPERIENCE - Service Support - 8 rue Capitaine de Bresson, 05000 Gap.

The implementation of these guarantees is free of charge for the Buyer.

Important: the legal warranty of conformity does not cover :

  • Products that have undergone technical and/or mechanical modifications;
  • Products whose general condition and breakdowns demonstrate inappropriate use;
  • Products that have been subjected to water, physical or electrical shock. Products opened or modified without the authorization of Ride On Experience after-sales service.

In order to benefit from this warranty, your product must be in new condition, i.e. without any trace of wear and tear, and in its original packaging with all accessories.

This warranty is not transferable on products sold second-hand.

By invoking this warranty, you do not have to prove the defect, and you are aware that we can contest your claim by proving that the defect appeared after the purchase of the product.

When you buy a product from us, we guarantee it against hidden defects. There is a legal guarantee for this: the legal guarantee against hidden defects. This guarantee applies if several conditions are met: the defect was hidden, it existed at the date of purchase and it renders the product unusable. You must prove the existence of the defect. You have a period of 2 years from the date of discovery of the defect. In accordance with the legal provisions in force, we will refund, exchange or compensate any product covered by this warranty.

8.2 The manufacturer's warranty

In addition to legal warranties, the Onewheel is guaranteed by the manufacturer Future Motion with the specifications below.

The Onewheel Pint / Pint X / XR

This agreement describes the LIMITED WARRANTY coverage provided by Future Motion Inc, hereinafter referred to as THE COMPANY, to THE USER, who is defined as an individual who has purchased the Onewheel Pint / Pint X / XR (hereinafter referred to as the PRODUCT) from a retail establishment or via an online store approved by the COMPANY (the RESELLER), or from a sales representative authorized by the COMPANY. The purchase of any PRODUCT from an unauthorized reseller, including any online purchase other than directly from the COMPANY, will void all product warranties to the extent permitted by law.

The COMPANY warrants that the PRODUCT, with the exception of the footrest, tire and battery, will be free from defects in materials and workmanship for a period of 12 months/2000 km, whichever occurs first. The warranty for the footrest, tire and battery is 6 months/1000 km.

If the PRODUCT proves to be defective AND a claim is made during the warranty period, the COMPANY may, at its sole discretion :

01 repair the PRODUCT by means of telephone assistance, e-mail assistance or by providing service without charge for parts or labor;

02 replace the PRODUCT with a comparable PRODUCT, which may be new or reconditioned;

03 refund the initial amount paid for the PRODUCT, less a reasonable usage fee, once the PRODUCT has been returned.

The COMPANY recommends that the USER first use the documentation supplied with the PRODUCT, the PRODUCT diagnostics, the information on the Internet and e-mail support. In the event of failure to obtain service under this WARRANTY, the USER must notify the COMPANY or its authorized service.

Future Motion and/or Ride On Experience provide fee-based repairs for out-of-warranty products.

Ride On Experience can accompany the USER who wishes to make use of the present warranty to the manufacturer Future Motion Inc. This accompaniment can be invoiced to the USER.

All sales are final.

COMPONENTSWARRANTY PERIODNOTES
Onewheel Pint / Pint X / XR1 yearParts not listed separately
Footrest, tire, battery6 months
THE FOLLOWING ITEMS ARE NOT COVERED BY THE WARRANTY
  • Total mileage over 2000 km
  • Damage caused by modification or use other than that specified in the user's manual.
  • The product's barcode or serial number has been modified or deleted.
  • Warranty registration is incompatible with the product itself.
  • The product has been disassembled or repaired by an unauthorized third party.
  • Water damage is not covered by the warranty.
  • Damage or failure has been caused by other problems (excluding design, manufacturing, product quality, etc.).
  • Natural wear and tear that does not affect the operation of the product (including scratches and wear to frame rails, footrests, tires, etc.).
  • The damage was caused by accidents or human error, such as breakage due to falls or rust in a very humid environment.
  • The damage was caused by overloading the Onewheel.
  • Damage caused by force majeure, such as fire, flood, earthquake, frost, etc.
  • Products purchased from an unauthorized dealer

The Onewheel GT

This agreement describes the LIMITED WARRANTY coverage provided by Future Motion Inc, hereinafter referred to as the COMPANY, to the USER, who is defined as an individual who has purchased the Onewheel GT (hereinafter referred to as the PRODUCT) from a retail establishment or via an online store approved by the COMPANY (the RESELLER), or from a sales representative authorized by the COMPANY. The purchase of any PRODUCT from an unauthorized reseller, including any online purchase other than directly from the COMPANY, will void all product warranties to the extent permitted by law.

The COMPANY warrants that the PRODUCT, with the exception of the footrest, tire and battery, will be free from defects in materials and workmanship for a period of 12 months/2000 km, whichever occurs first. The warranty for the footrest, tire and battery is 6 months/1000 km.

If the PRODUCT proves to be defective AND a claim is made during the warranty period, the COMPANY may, at its sole discretion :

01 repair the PRODUCT by means of telephone assistance, e-mail assistance or by providing service without charge for parts or labor;

02 replace the PRODUCT with a comparable PRODUCT, which may be new or reconditioned;

03 refund the initial amount paid for the PRODUCT, less a reasonable usage fee, once the PRODUCT has been returned.

The COMPANY recommends that the USER first use the documentation supplied with the PRODUCT, the PRODUCT diagnostics, the information on the Internet and e-mail support. In the event of failure to obtain service under this WARRANTY, the USER must notify the COMPANY or its authorized service.

Future Motion and/or Ride On Experience provide fee-based repairs for out-of-warranty products.

Ride On Experience can accompany the USER who wishes to make use of the present warranty to the manufacturer Future Motion Inc. This accompaniment can be invoiced to the USER.

All sales are final.

COMPONENTSWARRANTY PERIODNOTES
Onewheel Pint / Pint X1 yearParts not listed separately
Footrest, tire, battery6 months
THE FOLLOWING ITEMS ARE NOT COVERED BY THE WARRANTY
  • Total mileage over 2000 km
  • Damage caused by modification or use other than that specified in the user's manual.
  • The product's barcode or serial number has been modified or deleted.
  • Warranty registration is incompatible with the product itself.
  • The product has been disassembled or repaired by an unauthorized third party.
  • Water damage is not covered by the warranty.
  • Damage or failure has been caused by other problems (excluding design, manufacturing, product quality, etc.).
  • Natural wear and tear that does not affect the operation of the product (including scratches and wear to frame rails, footrests, tires, etc.).
  • The damage was caused by accidents or human error, such as breakage due to falls or rust in a very humid environment.
  • The damage was caused by overloading the Onewheel.
  • Damage caused by force majeure, such as fire, flood, earthquake, frost, etc.
  • Products purchased from an unauthorized dealer

Article 9 : Responsibility

The Seller shall not be held liable for failure to perform the Contract due to a case of force majeure, as defined by the regulations in force and interpreted by the French courts, a fault of the Buyer or the unforeseeable and insurmountable act of a third party.  

The Seller shall not be held liable in case of non-conforming use of the Products by the Buyer.

Likewise, the Seller shall not be liable for any indirect damage such as, but not limited to, loss of profit, loss of use, commercial loss, loss of material, and in general any damage that could not have been foreseen when using the Site or placing the Order.  

Where a defective Product has caused damage to Buyer, compensation to Buyer shall be limited to the replacement price of the defective Product.

Article 10 : Customer service / Mediation

10.1. Customer service

The Buyer can present any question or complaint by contacting the customer service of the Seller by means of the following coordinates: by email at the address info@rideonexperience.com, or by registered mail at the address: RIDE ON EXPERIENCE - Service Clients - 34 rue Faidherbe, 75011 Paris. 

When Buyer contacts Seller's customer service department regarding a pending Order, Buyer agrees to provide the Order number and contact information in order to expedite the processing of the request. Seller's customer service department shall endeavor to provide a solution to Buyer's problem within seven (7) days of the contact being made.

10.2. Mediation

In case of failure of the request of complaint to the customer service of the Seller, or in the absence of answer within two months, the Buyer can submit the litigation to a mediator under the conditions envisaged in the articles L.611-1 and following of the code of the consumption. 

The solution proposed by the mediator is not binding on the Parties, who remain free to terminate the mediation process at any time. 

The Buyer may also contact the European Commission's online dispute resolution platform accessible at the following address: ec.europa.eu/consumers/odr, which will independently attempt to bring the Parties together in order to reach an amicable solution. 

Article 11: Intellectual Property Rights

1. General

The entire content of the rideonexperience.com site, including without limitation images, designs, logos, icons, text, audio and video clips, as well as their selection and organization (hereinafter referred to as the "Content"), is the exclusive property of RIDE ON EXPERIENCE, its affiliates or its content providers, protected by French and international copyright, trademark and other intellectual property laws and proprietary rights.

2. Authorized use

The Contents are provided solely for the information and personal use of users and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or exploited for any other purpose without the prior written consent of RIDE ON EXPERIENCE. RIDE ON EXPERIENCE grants a limited, non-exclusive, revocable and non-transferable license to the User to view the Content on the Site for the User's personal, non-commercial use, subject to compliance with all terms and conditions set forth in these TOS.

3. Trademark and copyright protection

The trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of RIDE ON EXPERIENCE and third parties, and are protected by French and international trademark laws. Nothing contained in these T&Cs should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site without the written permission of RIDE ON EXPERIENCE or such third party that may own the trademark displayed on the Site.

4. Violations

Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. [Name of your company] reserves the right to pursue any legal action necessary to prevent any violation of these terms and to protect its intellectual property rights.

5. Notification of Intellectual Property Infringement

If you are the holder of copyright or other intellectual property rights and believe that your rights have been infringed via the site, we invite you to notify us immediately. The notification must contain the following information: a detailed description of the copyrighted work you believe to have been infringed; a description of the location on the site of the work you believe to be infringing; your contact information, including address, telephone number and, if available, an e-mail address; a statement in good faith that the disputed use is not authorized by the copyright owner, its agent or the law; an affidavit stating that the information in the notification is accurate and that you are the copyright owner or authorized to act on its behalf.

The Internet user and/or the Buyer acknowledges that all brands, domain names, products, software, images, videos, texts or more generally any distinctive sign and any content subject to intellectual property rights are and remain the exclusive property of the Seller or the holder of the rights concerned. No transfer of intellectual property rights is made through these GTC. 

Any total or partial reproduction, modification or use of these signs other than for the use of the Products is strictly forbidden without the prior and express written consent of the holders of the rights concerned.

Article 12: Protection of personal data

The use of the Site and the placing of an Order under the conditions described in the GTC shall result in the processing by the Vendor and, where applicable, its partners, of the personal data of the Internet User and/or the Buyer. 

The modalities of this treatment are detailed in the Privacy Policy, which is an integral part of the GTC.

Article 13: Miscellaneous provisions

The fact that one of the Parties does not avail itself of a provision of the GTC does not in any way imply a waiver of the benefit of said clause. 

The nullity, unenforceability or, more generally, the lack of effect of one of the provisions of the Contract shall not affect the remainder of the Contract and the Contract shall be performed as if the provision had never existed, provided that the provision does not constitute a determining condition of the consent of a Party and that it does not compromise the balance of the Contract. 

Any contractual modification is only valid after prior written agreement of the other Party. 

Article 14: Jurisdiction and applicable law

The T&Cs are subject to French law and to the French standards in force.

Any dispute relating to the conclusion, interpretation, application or termination of the GTCs shall fall under the exclusive jurisdiction of the French courts. 

ANNEX 1

SAMPLE RETRACTION FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of the company RIDE ON EXPERIENCE - Customer Service - 36 rue Faidherbe, 75011 Paris, info@rideonexperience.com,

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following item: _____________________________________________________________

Ordered on ______________________/received on ____________________________ :

Name of consumer(s): _____________________________________________________

Consumer(s) address: ___________________________________________________

________________________________________________________________________________

Signature of consumer(s) (only if notifying this form on paper) :

Date:

(*) Cross out what is not applicable.

APPENDIX 2

Legal guarantee of conformity (extract from the consumer code)

Article L217-4:

The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, if the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5:

The good is in conformity with the contract:

(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :

- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-9:

In case of lack of conformity, the buyer chooses between repairing or replacing the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L217-10:

If repair and replacement of the property is not possible, the buyer may return the property and have the price returned or keep the property and have part of the price returned.

The same faculty is open to him:

1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;

2° Or if this solution cannot be done without major inconvenience to the client, given the nature of the property and the use he is seeking.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L217-12:

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Guarantee of defects of the thing sold (extract from the civil code)

Article 1641:

The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them.

Section 1644:

In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned

Section 1648:

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.