I / OKO PLANET GENERAL TERMS AND CONDITIONS OF SALE
Article 1 Preamble
1.1 - The Websites The Websites: location-ebike.com / via-ferrata-ardeche.com / pontdudiable.com / okoplanet.fr are operated by SASU OKO PLANET. Any order confirmed by a Customer (as defined below) on the Websites listed above implies prior acceptance of these general terms and conditions.
1.2 - Company details
SASU OKO PLANET is a company incorporated under French law with a share capital of €5,000, whose registered office is situated at Avenue du Val d’Ardèche, 07330 Thueyts. The premises of SASU OKO PLANET are located at 18 Avenue du Val d’Ardèche, 07330 Thueyts – Tel.: 07 89 73 34 45. This is the only valid address for postal correspondence.
1.3 - Purpose of the General Terms and Conditions of Sale - Mutual Obligations
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by “the websites” to the Customer. These general terms and conditions of sale are written in French and set out the obligations and rights of the Customer and “the websites”. In this regard, the Customer acknowledges that they accept without reservation all the provisions set out herein. “the websites” undertake reciprocally to comply with the obligations incumbent upon them under these terms and conditions.
1.4 - Definitions
The term “the websites” shall refer to all websites belonging to the company oko planet, namely:
- location-ebike.com - pontdudiable.com - via-ferrata-ardeche.com - okoplanet.fr The term “Customer” shall refer to any person wishing to trade with “the websites” in accordance with these general terms and conditions, and the term “Supplier” shall refer to any company that has authorised “the websites” to sell a Product belonging to it on the Site or that has sold Products directly to “the websites”. Any order placed by a Customer in accordance with the terms set out herein shall hereinafter be referred to as an “Order”. The companies used by “the websites” to deliver Products to the Customer are hereinafter referred to as “Carriers”. Customer Services is the primary point of contact between the Customer and “the websites”. Customer Services can be contacted every day on 07 89 73 34 45. The Customer may also contact Customer Service at this address: info@location-ebike.com or via the contact form on the website. A response time cannot be guaranteed.
Art. 2 General Provisions
2.1 - Conclusion of the contract - Entry into force of the general terms and conditions Where the Customer orders the Products and/or services presented on the Website “the websites” online, the Customer’s electronic signature on the “Order Form” marks the conclusion of the contract between the Customer and “the websites”. In accordance with the Act of 13 March 2000 on electronic signatures and the Act on Confidence in the Digital Economy of 21 June 2004, any Order confirmed by the Customer by “double-clicking” or by agreeing over the telephone constitutes an irrevocable acceptance of these General Terms and Conditions by the Customer, in the same way as a handwritten signature, which may only be challenged within the limits set out in Article 10 below of these General Terms and Conditions.
2.2 - Term of the contract
These general terms and conditions of sale are concluded for the period necessary for the supply of the goods and services ordered, until the expiry of their warranties.
2.3 - Evidence
Contractual information regarding the Order will be confirmed by email. "the websites" recommends that the Customer keeps their Order confirmation email or prints it out. However, any documents arising from the archiving of Order forms and invoices in "the websites"’ computer systems may also constitute legal proof of communications, Orders and payments between the parties.
2.4 - Validity of the general terms and conditions of sale
"the websites" reserves the right to amend its general terms and conditions of sale. It is the Customer’s responsibility to consult them regularly. Products ordered on the "the websites" site by Customers are governed by the general terms and conditions of online sale in force on the date of the Order.
Art 3 Products
3.1 - Description and information on Products
The Products offered by "the websites" comply with current French legislation and the standards applicable in France. However, should a Product be withdrawn from sale for any reason by the Supplier, "the websites" will remove the Product from sale as soon as possible. This action shall in no circumstances give rise to any right of legal action on the part of the Customer. If the Product or its packaging is replaced by the Supplier solely to make way for an equivalent next-generation Product, “the websites” may continue to sell the Product until stocks are exhausted, without any time limit. In this regard, the unavailability of an older Product or the sale of a Product in its old packaging shall under no circumstances constitute a valid reason for the Customer to return the Product or take legal action against “the websites”. “The websites” endeavours to present the essential characteristics of the Products as accurately as possible on the Product pages. The information presented by “the websites” is that provided by the Suppliers. “The websites” cannot be held liable in the event of incorrect information provided by the Suppliers (errors in product reference, characteristics, photographs, etc.). Generally speaking, the descriptions (photographs, text, graphics, information and specifications) illustrating the Products shown are provided for information purposes only. Where a Product is offered in several variants, the photograph(s) is/are provided for information purposes only and do not provide any information regarding the specific variant(s). In the event of an error in the description (photographs, text, graphics, information or specifications) of a Product, “the websites” shall not be held liable. In the event of an error in the description, the Customer shall not automatically be entitled to return the Product. Apart from the cases provided for in Article 10 below, only an error in the description of the Product’s essential characteristics may justify a right to return the Product in question.
3.2 - Availability
"the websites" undertakes to fulfil Orders received subject to stock availability with its Suppliers. In the event of proven unavailability of the ordered product, or in the event of a significant increase in the delivery time resulting from such unavailability, “the websites” will offer the Customer a replacement product of a similar price and with similar characteristics, and the Customer shall remain free to accept or refuse this offer. In the event that all or part of the order is unavailable, and the Customer refuses the extended delivery time or the replacement products, "the websites" will offer a refund or a credit note valid across the entire "the websites" catalogue. If the Customer opts for a refund, "the websites" will make every effort to refund the Customer within 30 days at the latest from the date on which "the websites" informed the Customer of the product’s unavailability, preferably via the same payment method used when placing the order or, if this is not possible, by bank cheque sent to the address provided by the Customer as the billing address. In the event of the unavailability of the products ordered, "the websites" shall not be held liable to a Customer or any third party for any indirect damage, loss of profit or turnover, or loss of data occurring in any manner whatsoever.
3.3 - Exceptions
Some of the Products sold on the “les sites internet” website are stored at its Suppliers’ premises. The availability period corresponds to the time taken to transport the Product from the Supplier’s warehouse to that of “les sites internet”. In this case, the delivery time to the Customer corresponds to the availability period, to which must be added the transit time by the Carrier(s). Similarly, the time required for collection from the Warehouse corresponds to the availability period, to which must be added the usual order preparation time. These timeframes are calculated from the date of payment confirmation by “the websites”.
Art. 4 Prices
4.1 - Composition and validity
The prices of Products sold on the Website are quoted in Euros, inclusive of all taxes, excluding contributions towards shipping costs, warranty and ancillary services, and are valid for as long as they appear on the product description page. If the price of the same product is incorrect elsewhere on the website (for example on the homepage) or in the newsletter, the price shown in the basket shall prevail.
4.2 - Price fluctuations
It is possible that the price of a particular Product may fluctuate after it has been published on the Website. Such fluctuations may be temporary, arising from a promotional campaign of limited duration, or longer-term, depending on the suppliers’ supply chains and commercial policies. “the websites” shall not be held liable for price fluctuations. Such fluctuations shall in no circumstances entitle the Customer to return their Product outside the return conditions and time limits set out in Article 10 below. “the websites” cannot be held liable in the event of fluctuations in the selling price, and any price differences shall under no circumstances be refunded.
4.3 - Possible errors All prices are subject to obvious typographical errors. Should an error occur, "the websites" will contact the Customer to notify them of the error made by its services and will remind them that the Order will be invoiced under the corrected terms. However, should the Customer refuse the corrected terms, they shall be free to cancel the corrected Order without penalty.
Art 5 Order
5.1 - Capacity
Only persons who are legally capable of entering into contracts relating to the goods and services offered on the Website may place orders on the Website. When placing an Order, the Customer warrants that they have full legal capacity to accept these terms and conditions and thereby enter into this contract. When paying by card, the Customer warrants that they are fully authorised to use the said card and that it provides access to sufficient funds to cover all costs necessary for the settlement of the Order.
5.2 - Personal information
When placing an Order, the Customer agrees to provide the information requested and undertakes to ensure its accuracy: email address, first name and surname, postal address and telephone number. Any Customer validly registered on the Website shall be bound by any Order that required the use of that Customer’s email address and personal password (subject to the rights of withdrawal and return as defined herein). The Customer must check all the information entered during the Order process (Product ordered, delivery address, billing address, telephone details, etc.). In the case of an Order placed by telephone with the "les sites internet" telephone sales service, the Customer must also check the information entered by the telephone advisor (surname and first name, delivery and billing addresses, Product ordered, etc.). This information appears in the Order confirmation email. If, after confirming their Order placed on the website www.""les sites internet" or by telephone via the telephone sales service, the Customer realises that certain details need to be amended, they may do so by contacting Customer Services by telephone on 07 89 73 34 45 or by email via their Customer account, within 24 hours so that "les sites internet" can best accommodate their request. The updated information can only be taken into account if the Order has not yet been processed or is not currently being dispatched. "the websites" cannot be held liable for any data entry errors made by the Customer or for the consequences in terms of delays or delivery errors. Consequently, if delivery cannot take place due to an input error by the Customer, the costs of reshipment shall be borne by the Customer. In this case, the Customer shall refrain from making any claims regarding delivery times.
5.3 - Confirmation and dispatch emails
"the websites" sends an email confirming the Customer’s Order to summarise some of the contractual information. Once the Customer’s Order has been validated by "the websites" in accordance with the payment validation procedures described in Article 6 below, the Customer receives a further email from the Carrier informing them that their Order has been dispatched.
5.4 - Order processing
Orders are processed in the order in which payment is validated. “the websites” undertakes to process all Orders, subject to stock availability in its warehouses and with its Suppliers. Deliveries are made subject to availability and may be fulfilled in full or in part. In the event of an Order comprising several items, “the websites” may send each item in separate parcels.
5.5 - Non-performance of the Order
"the websites" cannot be held liable for non-performance of the contract in the event of force majeure, disruption or total or partial strike, in particular of postal services and means of transport, communications (computer network failure, etc.), flooding, fire, etc. "the websites" shall not be liable to a Customer or any third party for any indirect damage, loss of profit or turnover, or loss of data occurring in any manner whatsoever, even if such damage, loss or harm was foreseeable by "the websites", or if its possibility had been brought to its attention.
Art 6 Payment Confirmation
6.1 - Purpose: Payment confirmation by the Services
"the websites" enables parcels to be dispatched either to the Customer’s home address, to the address chosen by the Customer, or to one of the collection points.
6.2 - Conditions
In order to limit the risk of fraud and to protect the interests of its Customers, “the websites” may occasionally need to carry out checks regarding the validity of payments made. In the event of such a check, the Customer will be notified by email of the supporting documents to be sent (by email or post) to the Services of “the websites” to enable them to definitively validate the Order. Following any such verification, "the websites" reserves the right to accept or reject the Order: - If the supporting documents are not received within 48 hours, "the websites" reserves the right to refuse to validate the payment and therefore to reject the Order. - If documents deemed non-compliant by the Services of "the websites" are received, "the websites" reserves the right to reject the Order.
6.3 - Invoicing
Once payment has been validated, the Customer is invoiced immediately on the Website. In the case of distance selling or off-site sales, the Customer is generally invoiced within 24 hours of the date of payment validation.
Art 7 Payment
7.1 - Payment methods
"the websites" does not store our Customers’ credit card details. The Customer may pay for their Order in several ways: A/ Online payment by card - By credit card: Carte Bleue, e-Carte Bleue, Visa or Mastercard. The Customer’s account will be debited upon confirmation of their Order. In the event of Products being out of stock or unavailable, the Customer will be contacted by email or telephone at the addresses and numbers previously provided in their Customer account. a/ In the case of online payment by card, the Customer is required to provide the type of payment card, the payment card number, the expiry date and the security code, as well as the 3D-SECURE code (provided by the Customer’s bank). They guarantee that they are fully authorised to use the said Card and that the Card provides access to sufficient funds to cover all costs arising from their Order. b/ In the event of online payment by Card over the telephone via the “les sites internet” Customer Service representatives, the Order cannot be delivered to a collection point. Furthermore, “the websites” will ask the Customer for the following supporting documents: - If the Order was placed in the name of an individual: valid identity documents or one identity document and proof of address dated within the last 3 months. - If the Order was placed in the name of a company: a Kbis extract for the company dated within the last 3 months, as well as two valid identity documents for the company’s director. The card will be debited as soon as the purchase is confirmed (except for deferred debit cards, where the debit will take effect in accordance with the banking terms applicable to the Customer). B/ Payment by bank cheque The cheque must be issued by a bank domiciled in mainland France or Monaco. The Order will only be confirmed once the cheque has been received by “the websites”, and the Order will only be dispatched once the cheque has been cashed and credited, taking into account a possible rejection period of approximately 10 days. Furthermore, if the Order has been placed in the name of an individual, the Customer must enclose with their cheque a valid identity document and proof of address dated within the last 3 months. If the Order has been placed in the name of a company, the Customer must enclose with their cheque a Kbis extract for the company dated within the last 3 months and two valid forms of identification for the company’s director. It is essential that the Customer states their name and the order number provided upon confirmation of their basket in the reference field of their bank transfer. F/ Payment via a promotional code and/or discount This promotional code or discount voucher can be used on all or part of the “websites” catalogue. Its validity period may not exceed 365 days. It is non-refundable, cannot be combined with other offers, is indivisible, does not apply to delivery charges, and can only be used on an order with a value, excluding delivery charges, greater than or equal to its value.
7.2 - Access to the invoice
The invoice is automatically sent by email to the Customer as soon as the order is dispatched. It is also accessible in the Customer’s account area on www."les sites internet" (under the “My Account” section) or via the contact section, accessible from the homepage on the website www.Location-ebike.com by leaving a message for customer service.
7.3 - Non-payment
"les sites internet" reserves the right to suspend or close the account of any Customer who breaches the provisions of these General Terms and Conditions of Sale. Any person whose account has been suspended or closed may not place an order on the Website without the prior authorisation of "les sites internet". "les sites internet" reserves the right, in particular, to refuse to make a delivery or to fulfil an Order from a Customer who has not paid in full for a previous Order or with whom a dispute remains unresolved. Furthermore, “les sites internet” reserves the right, in particular, to refuse to make a delivery or to fulfil an Order placed by a Customer whose cheque has not been fully cleared by the Bank or whose distance selling transaction by credit card is deemed suspicious or suspected of being fraudulent.
Art 8 Collection
"the websites" offers its Customers the option to collect their orders exclusively via the website www."the websites".
8.1 - Collection confirmation
The Customer will be notified by email when their order is ready for collection. Collection of the order is only possible if the entire order is in stock at the shop. If the Product is held by the Supplier, the Customer must wait until the product is in stock before the "les sites internet" team can dispatch it. Once the order is available for collection, failure to collect the Products within 30 days will result in the uncollected products being returned to stock. The Customer will therefore need to place a new order to obtain their parts again. Any collection from the warehouse without first receiving an email informing the Customer that their order is ready for collection will result in the risk of a long waiting time and the unavailability of the ordered Products.
8.2 - Documents required for collection
When collecting their Order, the Customer must present the Order confirmation email and: a/ If the invoice has been issued in the name of an individual: proof of identity; b/ If the invoice has been issued in the name of a company: a Kbis extract for that company dated within the last 3 months and the identity card of the company’s director; c/ If the person collecting the Order is not the Customer (whose name and address appear on the invoice) that person must present the documents listed above, together with their own identity document and a letter of authorisation drawn up and signed by the Customer (if the Customer is an individual) or by the company director (if the Customer is a company). In the event of failure to comply with these provisions, “the websites” reserve the right not to hand over the Order to the Customer.
8.3 - Reservations upon collection
The absence of any reservations upon collection by the Customer constitutes irrevocable acceptance. Collection of the Product automatically entails the transfer of risk to the Customer, meaning that the handling, loading and transport of the Product are entirely the Customer’s responsibility.
Art 9 Delivery
9.1 - Delivery procedure
Unless otherwise stipulated in these General Terms and Conditions of Sale, delivery costs are always borne by the Customer. Products must be delivered to the address provided by the Customer when entering their details during the Order process. This is why “the websites” advises the Customer to ensure the accuracy of the information provided for the delivery of their Order. Delivery does not include installation, commissioning of the ordered Product, or collection of old equipment. If the Customer has entered an incorrect or incomplete address (staircase, building, door, code, etc.) when placing their Order, the carrier will be unable to make the delivery and the Product will automatically be returned to “the websites”. - If the Customer decides to arrange a new delivery, this will be at their expense at a cost of €19.99 (including VAT) and must be paid before the item is re-dispatched by contacting Customer Services. - If the Customer wishes to cancel their Order, they may choose either a refund or a credit note. If the Customer chooses a refund, "the websites" will use its best endeavours to refund the Customer within 30 days of the date of receipt of the returned Product by the Carrier. The refund then issued by “the websites” will be for the amount of the order, less the original delivery charges and €9.99 (including VAT) for return postage. If the Customer chooses to receive a credit note, this will be for the amount of the order, less the original delivery charges and €9.99 (including VAT) for return postage. In the event of a parcel being lost by the carrier, an investigation will be opened with their customer service department. This investigation shall not exceed 20 days. If, at the end of this period, the parcel has not been delivered, “the websites” will offer the Customer the option of either having the items re-dispatched or receiving a refund.
9.2 - Delivery to a collection point
When the parcel arrives at the collection point selected by the Customer, the Customer will be notified by the Carrier via email or text message. It is the Customer’s sole responsibility to provide a valid mobile phone number and/or email address. If the Customer has not collected their parcel within 10 days, the parcel will be automatically returned by the Carrier to “the websites”. Should the Customer request that the parcel be re-dispatched, the re-dispatch costs shall be borne by the Customer. Should the collection point be closed at the time of delivery, the Carrier reserves the right to select another open collection point, geographically closest to the one initially selected by the Customer, without this giving rise to any right of complaint on the part of the Customer. The Customer will then be notified of the new collection point’s details by email or text message. Should the Carrier be unable to select a new collection point, the parcel will be automatically returned to “the websites”. Upon receipt, “the websites” will then make every effort to resend the parcel to the Customer as soon as possible. In the event that the quantity or nature of the products in the order does not permit dispatch via the collection point network, “the websites” reserves the right to dispatch the parcel via another carrier directly to the Customer’s billing address, without this giving rise to any right of complaint on the part of the Customer.
9.3 - Delivery by Carrier
Certain deliveries by Carrier may require an appointment to be arranged between the Carrier and the Customer. In this case, if the Customer cannot be present on the day of delivery, they must designate an authorised person to receive the delivery and assume all responsibilities incumbent upon the Customer. Should the Customer be absent, the Carrier will be unable to make the delivery. Depending on the Carrier’s delivery terms: - either the parcel will be left directly at a collection point (indicated on the parcel tracking) where the Customer must collect it. Any parcel left at a collection point cannot be redelivered. - or the Customer will be notified of the Carrier’s visit and must contact them again to arrange a new delivery appointment. Should the Customer fail to meet the appointment once again, any costs associated with arranging a new delivery will also be borne by the Customer. In the event that the Carrier experiences a significant delay beyond its control, “les sites internet” will make every effort to arrange a new delivery, and the costs associated with organising this new delivery will be borne by “les sites internet”. In the event that the accessibility conditions of the delivery location chosen by the Customer do not allow the Carrier to deliver the Order via the main entrance to the property, delivery cannot take place but the delivery costs remain the responsibility of the Customer. Such conditions may include, for example: building works, a blocked street, a street that is too narrow, an unknown entrance door code, an inaccessible intercom... (see Article 9.4). No delivery will be made beyond the doorstep of the house or building.
9.4 - Delivery times
Deliveries are handled by various specialist carriers depending on the nature of the Product covered by the Order. To track the progress of their Order’s delivery, the Customer receives an email when the Product is dispatched. In accordance with Article L121-20-3 of the French Consumer Code, “the websites” undertake to deliver to the Customer within a maximum of 30 days from the estimated delivery date indicated in your order confirmation email. If a parcel is not received within the estimated timeframe, the Customer may contact Customer Services, who will contact the Carrier to determine the cause of the delay and inform the Customer. If necessary, “les sites internet” will initiate an investigation into the delivery of the product with the relevant Carrier. The Carrier itself determines the duration of the loss investigation. The investigation will be opened within 24 working hours of the Customer providing “the websites” with information regarding the non-receipt of their Order, as well as any documents required to open this investigation that “the websites” may request from the Customer. If, during the investigation period, the Product is found, it will be delivered to the Customer. If the Product is not found at the end of the investigation and only on this condition, “the websites”: - will dispatch a replacement Product at its own expense if the Product is still available; - will refund the price of the Order lost by the Carrier or offer a credit note for the next purchase if the Product(s) ordered are no longer available. Once the Order has been dispatched, any delay in delivery that is the subject of an investigation and/or the loss of the Product shall not constitute grounds for cancelling the Order if “the websites” dispatch a replacement Product within the timeframes mentioned above.
9.5 - Special cases
For product deliveries made by the Carrier to islands in mainland France not connected to the mainland by a bridge (Corsica, Île d’Yeu, Île de Porquerolles, etc.), the estimated delivery time is automatically extended by 48 hours.
9.6 - Inspection of goods, damage and complaints
In accordance with Article L133.3 of the Commercial Code, “acceptance of the goods extinguishes any claim against the Carrier for loss or partial damage if, within 3 days, excluding public holidays, following the date of acceptance, the recipient has not notified the Carrier, by extrajudicial document or by registered letter, of their reasoned objection”. In the event of damage sustained during transport or loss, the Customer must note their reservations, stating as many reasons as possible, on the carrier’s delivery note and, failing that, within 3 days of receipt, by registered letter with acknowledgement of receipt (RAR) or by bailiff’s writ. If the Carrier disputes the reservations made by the Customer on the delivery note, these must be reiterated by registered letter with acknowledgement of receipt (RAR). The Customer shall simultaneously inform “the websites” (and the Carrier) of their reservations. "the websites" will replace any lost or damaged products after resolving the dispute with the Carrier, provided the latter’s liability is established, in which case the Customer must provide "the websites" with all documents and information in their possession. Upon delivery of the Product, the Customer must unpack the Product in the presence of the Carrier. They must then check that the delivered Order is correct in the presence of the Carrier before signing the Delivery Note. In the event of any issue with the delivery, the Customer must note their reservations in the form of detailed, dated, explicit handwritten comments, accompanied by their signature, on the delivery note. Such anomalies may include, for example: - Damaged Product: scratches, dents, impacts, leaks... - Non-compliant Product: in terms of type (incorrect item code, etc.) or quantity... In the event that the Product ordered is a fluid (e.g. oil or brake fluid), a dent or impact on the container would not be considered an anomaly. Only a leak from the container noted on the delivery note could lead to the Product being classified as ‘damaged’. The words ‘subject to’ or ‘subject to unpacking, testing, etc.’ on the delivery note have no legal value and cannot be used as evidence against the carrier for any subsequent claim. In the event of any defect or non-conformity, the Customer must refuse the parcel and must notify the Customer Service department of “the websites” by telephone on 07 89 73 34 45 or by email via the contact form on the website www.”the websites”, within a maximum of 3 working days from the date of delivery. If it was not possible to inspect the parcel and its contents upon delivery, the Customer must send a detailed complaint to the Carrier by registered post with acknowledgement of receipt (LRAR) within 3 working days of receiving the parcel. A copy must be sent to “les sites internet” by email or via the contact form on the website www.“les sites internet” or by post to: SASU OKO PLANET Avenue du Val d’Ardèche 07330 Thueyts, so that “les sites internet” can initiate a dispute with the Carrier. Without a copy of the Customer’s letter of complaint, “les sites internet” will be unable to take any action against the Carrier and thus defend the Customer’s interests. Any complaint made outside this timeframe may be rejected without the Customer having any right of appeal. The absence of a complaint and/or the failure of the Customer to raise any objections at the time of delivery shall mean that the Product delivered is deemed satisfactory and shall not be subject to any subsequent dispute (except for statutory guarantees relating to non-conformity and/or hidden defects in the product).
9.7 – Delivery charges
Delivery charges or postage costs are available on the “websites”. Under no circumstances shall they be limited to the introductory rate communicated via the Website, as this base price is binding and subject to restrictions (geographical area, parcel weight, delivery method, etc.). Customer Services is available to Customers to provide information and explain the rates.
Article 10 Right of Withdrawal
10.1 – Right of Withdrawal
The Customer has a right of withdrawal, which they may exercise by informing Customer Service. In the event of order cancellation, the provisions of Article L 121-20 of the Consumer Code apply. In accordance with the provisions of Article L 121-20 of the French Consumer Code, the Customer has a right of withdrawal. This statutory withdrawal period of 7 days applies only to products purchased online. The Customer therefore has 7 calendar days from the date of receipt of their products to request a return number from the Customer Service department of “the websites” by email or telephone. Once the return number has been obtained, they have a further 10 calendar days to return the product. Upon receipt of the product, if its condition meets the requirements set out in paragraph
10.2, the Customer will be entitled to an exchange or a refund, as they choose.
If the Customer returns the Product more than 10 calendar days after obtaining a return number and within a maximum of 30 calendar days following the date of receipt of their products, only a credit note or an exchange may be granted, provided that the condition of the returned products meets the conditions set out in paragraph 10.2. After this 30-day period, the product(s) cannot be accepted for return. Should the Customer exercise their right of return and in accordance with the provisions of Article L. 121-20 of the French Consumer Code, the costs of returning the Order shall be borne by the Customer. If the return request relates to an error on the part of “the websites” as determined by the criteria set out in this Article 10.2, the return number will be replaced by a return voucher sent to the Customer’s email address by “the websites” or by a collection request made directly to the Carrier – the return costs will therefore be borne by “the websites”. In this case, the time limits and conditions of the right of return set out above remain unchanged.
10.3 - Product return procedure
To exercise their right of return, the Customer must first contact Customer Services within the time limits set out in this Article 10, either by telephone on 07 89 73 34 45 or directly via their Customer Account. The Customer will then receive a return confirmation email. If the return is due to a change of mind, the Customer must, at their own expense, send part or all of the Order to the following address: SASU OKO PLANET, Avenue du Val d’Ardèche, 07330 Thueyts. Where the Order to be returned was delivered by a Carrier and the return is due to an error on the part of “the websites” (error in preparing the parcel, mix-up of the Order with that of another Customer, incorrect item sent following an exchange, etc.), the return of the Product will be at the expense of “the websites”. The Carrier will generally arrange collection within 48 working hours of the request. IMPORTANT: errors arising from a failure to take into account the vehicle’s compatibility specifications are not covered by this service. In fact, should the Customer have any doubts, they may contact Customer Services on 07 89 73 34 45 for advice on their choice before confirming their Order. In the event of an error regarding the parts ordered (regardless of the cause of the error), “the websites” shall not be held liable to a Customer or any third party for any indirect damage, loss of business, profit or turnover arising in any way whatsoever, even if such damage, loss or harm was foreseeable by “the websites”, or if the possibility thereof had been brought to its attention. PLEASE NOTE: when collecting goods from one of the SASU OKO PLANET stores, the Customer must return the goods to the warehouse from which they were collected at their own expense, even if the error originated with "the websites", as the order must be checked by the Customer at the time of collection. Under no circumstances may the Customer request that "the websites" collect the product from their home. To return the desired item(s), the Customer simply needs to return the complete item(s) to “the websites”, STRICTLY accompanied by: - a letter explaining the problem encountered, specifying the return number provided by Customer Services, - their full contact details and Order number for identification purposes, - and a copy of their invoice. All items must be returned in SHIPPING PACKAGING to the following address: SASU OKO PLANET, Avenue du Val d’Ardèche, 07330 Thueyts. The Product must be returned to “the websites” in a condition suitable for resale, i.e. complying with the return conditions set out below: - in its exact original condition, undamaged, - inside its original packaging, which must be intact, - in the original sealed container if it is a liquid, - with all the accessories that were included, - in perfect working order, - showing no signs of assembly or use, - with its instructions. Examples of what not to do: - Tear the cardboard box or packaging bag upon receipt (the box or bag must be opened carefully, for example using a craft knife to cut through the adhesive seals), - Applying brown or coloured tape to the packaging when returning the item, - Fitting the part without comparing it to the original, - Sticking the Post Office or Carrier label onto the manufacturer’s original box, - Returning the part without packaging, - Returning a part that is not complete as it was originally. The risks associated with returning the Product, whatever the cause, are borne by the Customer. The risks associated with poor packaging (breakage, loss of items, leakage, etc.) are borne by the Customer. If the Product is lost by the Carrier during this shipment, the Customer is solely responsible and will not be eligible for a refund from “the websites” (unless the Customer has taken out return insurance and, consequently, the carrier has been appointed by “the websites”). Where the right of return is exercised in accordance with the conditions set out herein, the Customer will be offered either a credit note or a refund of the purchase price. If the Customer chooses a refund, “the websites” will make every effort to refund the Customer within 30 days of the date of receipt of the returned Product. Should this deadline be exceeded for reasons beyond its control, “the websites” shall not be liable to the Customer. The refund will be made via the same payment method as the original order. In the event that the original payment method does not allow for a refund via the same method, or in the case of payment by credit card via a telephone advisor, the refund will be made by cheque, addressed to the name and postal address provided by the Customer in the “billing address” section when placing the order. If the Customer is refunded via a bank credit, the speed with which the credit appears in the Customer’s bank account depends on the type of bank card held by the Customer: in the case of an immediate debit card, the current account is credited within 8 to 15 days depending on the bank; in the case of a deferred debit card, the credit will appear at the end of the month on the credit card account and not on the current account. If this refund takes longer, the Customer must contact their bank directly. If the returned Product does not reach “the websites” within the timeframes and under the conditions set out in this Article 10, “the websites” reserves the right to refuse the returned products and not to issue a refund or a credit note to the Customer. In this case, if the Customer wishes to use the Product again, they must submit a request by email, via their Customer account or by telephone to “the websites”, which will then dispatch the Product as soon as possible. The costs of redelivery shall be borne by the Customer and payable in advance by credit card.
Art. 11 Product
Products Products sold by “the websites” are not covered by a warranty, as the warranty does not apply to consumable products such as oils, cleaning products, etc. As Products such as oils are non-perishable in the vast majority of cases, the production date of the Product indicated on the container may predate the Order date by several years. Under no circumstances may the Customer cite this information to refuse the goods or to assert any right or claim for compensation.
Art. 12 In-Store Purchases
For any purchase made directly at the counter of the “les sites internet” shop, the Customer selects the Product and checks that it complies with and meets their requirements. Consequently, the sale and the Product are deemed to be in conformity. No claims will be accepted after collection.
Art 13 Applicable Law
13.1 - Jurisdiction The general terms and conditions of sale of “the websites” shall be governed by and construed in accordance with French law. Any dispute that may arise in connection with their validity, interpretation or performance shall be submitted to the courts within the jurisdiction of the region in which the registered office of SASU OKO PLANET is situated, to which exclusive jurisdiction is expressly conferred. The consumer (excluding professionals) may, at their discretion, choose, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, the court of the place where they were resident at the time the contract was concluded or the harmful event occurred. In the event that any provision of these general terms and conditions is deemed unlawful or unenforceable by a court ruling, the remaining provisions of these terms and conditions shall remain in force.
13.2 - Liability
The liability of “the websites” under the general terms and conditions of sale shall not exceed an amount equal to the sums paid or payable at the time of the transaction giving rise to such liability, regardless of the cause or form of the action in question.
Article 14 Data Protection
By placing an Order, the Customer agrees that the Company may store, process and use the data collected from their Order to process said Order. Some of this information may be transferred to companies involved in the delivery of the Products. The Customer agrees that they authorise the Company to send them commercial communications, including newsletters, by email concerning its Products or Services. The Customer may also be contacted via other marketing channels, such as Facebook, to keep them informed of commercial news from “the websites”. In order to improve the quality of service, calls made to “the websites” may be recorded.
Art. 15 Protection of Personal Data
By ticking the box entitled “I accept the general terms and conditions of sale” when placing an order, the Consumer concerned gives their specific, free and informed consent, by which they agree that personal data concerning them may be used by third parties. The Consumer may object to the disclosure of this information to Avis Vérifiés via the address: contact@"the websites" "the websites" processes its users’ personal data in accordance with Law No. 78-17 of 6 January 1978 on information technology, files and civil liberties, as amended by Law No. 2004-801 of 6 August 2004 on the protection of natural persons with regard to the processing of personal data. In accordance with this law, the Customer has the right to access, amend, rectify and delete any information concerning them. The Customer may exercise this right directly by sending an email via the form on the website. The Company collects personal data only via the order form and the contact page form. Not all fields in these forms are mandatory. The Company only asks the Customer for information essential for high-quality processing and careful monitoring of the order (surname, first name, address, email). Any other information that may be requested is intended solely to provide the Customer with information better suited to their needs (personalised advice, promotional offers, etc.). The Customer is free not to provide this information. The data recorded by the Company constitutes proof of all transactions between the Company and its Customers.
II / OKO PLANET BIKE RENTAL AGREEMENT
THE FOLLOWING HAS BEEN SET OUT ABOVE
Preliminary Clause – Purpose
OKO PLANET (hereinafter referred to as ‘the Lessor’) has a fleet of bicycles available for hire.
The purpose of this agreement is to set out the terms and conditions under which the Lessor rents to the Lessee the bicycle(s) and equipment listed in detail in the special conditions (hereinafter referred to, regardless of their number, by the single term “the Bicycle”).
This rental, which is not subject to any specific regulations, is governed solely by the provisions of the Civil Code relating to hire.
Article 1 – Booking Terms
Any Bicycle hire gives rise to the conclusion of a hire agreement comprising general terms and conditions and special terms and conditions, all of which form an indivisible whole.
The booking only becomes final upon the signing of the contract by both parties and receipt of the deposit, the amount of which is specified in the special terms and conditions.
The name of the Renter stated on the rental contract is that of the principal renter, who must be present when the contract is signed and to whom the rental charges will be invoiced.
In the event of the hire of several bicycles, the Hirer shall be solely responsible for ensuring that all users of the bicycles to whom they entrust them comply with all the obligations under this contract.
Article 2 – Conditions relating to the Renter and essential documents
The Renter declares that they are fit to ride a bicycle and are not aware of any medical contraindications. They are required to verify the physical fitness of the persons to whom they entrust bicycles under this contract, this being their sole responsibility.
The Lessor shall not be held liable for any damage resulting from the Lessee’s lack of fitness.
Upon handover of the Bicycle to the Renter, the Lessor transfers legal and physical custody of the Bicycle to the Renter for the duration of the contract and until the Bicycle is effectively returned. The Renter, as the custodian of the Bicycle, is liable for any damage caused to or suffered by the Bicycle, in all circumstances and regardless of the cause of the damage, even in the event of unforeseeable circumstances or force majeure.
Under no circumstances shall the Lessor be held liable for any personal injury or property damage resulting from the use of the Bicycle by the Lessee or any persons authorised by the Lessee.
Article 3 – Deposit and payment of the rental fee
At the time of booking, the Renter shall be liable for a deposit, the total amount of which is set out in the special terms and conditions. The balance of the rental fee must be paid upon collection of the rented Bicycle, at the location agreed between the Parties.
For rentals to businesses, in the event of non-payment or outstanding debt, the Renter expressly accepts that the due date for invoices not yet due shall be brought forward and that the contract shall be terminated automatically, as well as the immediate return of the Bicycle(s) currently being rented.
In the event of the payment deadline (invoice due date) being exceeded, the Renter shall be liable for a late payment penalty on the amount due, calculated at the statutory interest rate in force plus EIGHT (8) percentage points.
Article 4 – Changes to the booking
Once the Rental Agreement has been signed, the dates and terms of the rental may no longer be amended without the Lessor’s prior express written consent.
If the Renter fails to collect their Bike within FOUR (4) hours of the date and time of the booking specified in their reservation, the Rental shall be deemed to have been cancelled by the Renter, who shall then be required to pay the full amount of the booking.
In the event that the Lessor is unable to rent the Bicycle to the Lessee on the scheduled rental date, the Lessor undertakes to refund in full the sums received as the deposit paid by the Lessee. The Lessee shall not be entitled to any further compensation.
Article 5 – Security Deposit
In order to take possession of the Bicycle, the Renter shall pay the Lessor a security deposit, the amount of which is set out in the Special Terms and Conditions of the rental. It is intended to guarantee the Lessor payment of the rental fee, plus, where applicable, any financial liability for which the Renter may be liable in the event of damage or deterioration to the Bicycle or its equipment, or in the event of theft.
It shall be used to restore the Bicycle to the condition in which it was at the time of taking possession
Article 6 – Provision of the Bicycle
The Lessor undertakes to deliver to the Lessee, at the address agreed at the time of booking, on the date and at the time specified, the reserved Bicycle(s) in apparent working order and equipped with a repair kit.
All Bicycles hired are equipped with a repair kit including a puncture repair spray.
The Bicycles, equipment and accessories are deemed to comply with the regulations in force at the time of hire and to be in good working order. The equipment and accessories are fitted in accordance with the safety standards in force on the day of hire.
The Renter is required to check that all such equipment is present at the time of collection of the Bicycle and upon signing the contract
In the event of any of this equipment not being returned, the Lessor will charge the Renter a fixed penalty of €50 (including VAT) for an incomplete return.
By signing the rental agreement, the Renter accepts the bicycle in its current condition and deems it to be in good working order. The Renter undertakes to return it in the same condition.
In the event of technical faults or hidden defects, the Renter is required to notify the Lessor within FIFTEEN (15) minutes of departure. Failing this, the Bicycle shall be deemed to have been handed over in good working order.
Article 7 – Return of the bicycle
The hire period ends upon the actual return of the bicycle and accessories to the Lessor, at the return location and time specified in the hire agreement.
The Renter’s attention is hereby drawn to the fact that the Lessor schedules its rounds for the provision and return of its bicycles and is committed to specific times for its customers. It is therefore an essential condition of this rental that the Renter returns the bicycle in strict accordance with the terms set out herein.
Thus, if the Renter is not present at the agreed meeting point at the time stipulated in this contract, the Lessor reserves the right to charge the Renter a penalty for non-return of 50 euros per day of delay.
Should the Renter be more than FIVE (5) minutes late in relation to the agreed return time, the Lessor will attempt to contact the Renter and will continue with their route. It will then be the Renter’s responsibility to contact the Lessor to arrange a new appointment.
The Bicycle must be returned in the same condition as when the Renter took possession of it. If this is not the case, the Lessor reserves the right to charge return and repair costs. Any damage will result in the cost of repairs being deducted from the security deposit. If the security deposit is insufficient, the Lessor will invoice the Renter for the balance, which the Renter must pay upon receipt.
Repairs and any loss of the Bicycle will be charged to the Renter upon presentation of a repair or purchase invoice.
Article 8 – Use of the bicycle
The Renter undertakes to use the equipment with care and within the limits of their ability, to comply with the standard and current usage and safety instructions, and to use the hired bicycle only under normal conditions.
They undertake to return the bicycle in its original condition on the date, at the place and at the time agreed in the special conditions.
The Renter declares that they will comply with the Highway Code and undertake to observe it strictly.
If the Renter contravenes the laws and regulations in force during the rental period, the Lessor shall under no circumstances be held liable.
The Renter undertakes to do everything possible to prevent theft or damage to the hired bicycle.
To this end, regardless of how long the bicycle is parked, they undertake to secure it to a fixed point using the lock provided.
The Renter undertakes:
- to use the Bicycle reasonably, under normal conditions of use;
- to ride only on roads open to traffic;
- to use the Bicycle in accordance with the provisions of the Highway Code
- not to use the bicycle whilst under the influence of alcohol, drugs or any other substance affecting consciousness or the ability to react;
Finally, as the Bicycle is electrically assisted, the Renter is informed of the battery’s range upon departure. The Lessor shall not be liable in the event of the battery running out.
Article 9 – Accidents and Theft
In the event of a technical fault with the bicycle during the term of the contract, the Renter may not carry out any repair work on their own initiative. They are required to inform the Lessor, who will then provide all necessary instructions. Only punctures may be ‘repaired’ directly by the Renter using the kit provided by the Lessor.
The bicycle will be replaced with a bicycle of the same type, subject to availability and provided the Renter is not at fault, for the remainder of the contract period.
The Renter may not claim reimbursement of costs or invoices, nor damages.
In the event of damage to the bicycle, even where immediate repair is not required, the Renter must inform the Lessor without delay from the moment they become aware of it.
In the event of an accident, the Renter must immediately report it to the Lessor. An accident report form, whether or not the Renter is at fault, must be provided to the Lessor, except in cases of force majeure, as soon as possible and in any event before the end of the rental agreement.
The Renter is required to take reasonable steps to ensure that the accident report is completed legibly, in a usable format and signed by both Parties. If this is not possible, the Renter must provide the Lessor with the police or gendarmerie report drawn up at the time of the Accident.
Failing this, and except in cases of force majeure rendering it impossible to submit a report within the aforementioned time limits, such as in the event of the insurance company refusing to cover the damage caused to the bicycle, the Renter shall be liable for the full amount of the damage attributable to them, in particular that sustained by the Bicycle up to the limit of its market value plus the costs and expenses associated with its immobilisation.
In the event of theft, the Renter must provide the Lessor, within a maximum of 24 hours of the theft, with proof that a report has been filed within 24 hours at a police station or gendarmerie.
If the stolen bicycle is subsequently returned to the Lessor, the Renter who has complied with the above procedure shall be reimbursed the amount of the deposit collected, less any costs incurred in repairing the Bicycle.
9.1
Liability – Damage to hired property – Theft
The Renter is personally liable for any damage caused whilst using the e-bike(s) and Accessories. The Lessor shall not be held liable for any damage suffered or caused by the e-bike(s) and Accessories, unless it is proven that such damage is due to an inherent fault or a lack of maintenance of the e-bike(s) and Accessories.
The Renter declares that they hold personal third-party liability insurance covering liability incurred during the use of the Rented Items by themselves, persons in their care and their agents.
The hirer therefore has no cover for damage to the hired item and is personally liable for such damage, breakage, loss and theft.
In the event of breakage: the hirer undertakes to return the damaged equipment, which must be recognisable and complete. Damage to the equipment will be invoiced to the hirer in accordance with the current rates attached to this contract.
In the event of theft or loss of the equipment, theft and loss of the equipment are not covered.
Consequently, the equipment will be invoiced to the hirer on the basis of its replacement value, less depreciation (1% per month after the 24th month). The deposit will be used to cover all or part of the loss.
An invoice will be provided to the hirer so that they may, if necessary, submit it to their personal insurer.
Article 10 – Insurance and Assistance
The Renter and any person to whom they allow the use of the Bicycle must be covered by third-party liability insurance. They release the Lessor from any liability arising from the use of the Bicycle, in particular with regard to accidents and damage caused to third parties as a result of the use of the Bicycle. The Bicycle remains the exclusive property of the Lessor for the entire duration of the hire.
Article 11 – Force Majeure
In the event of unforeseeable changes in circumstances at the time of entering into the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract from the other Party.
However, if the change in circumstances unforeseeable at the time of concluding the contract was permanent or persisted for more than THIRTY (30) days, this contract shall be terminated outright in accordance with the terms set out in the article ‘Termination due to unforeseeable circumstances’.
Article 12 – Defence of non-performance
It is noted that, pursuant to Article 1219 of the Civil Code, either Party may refuse to perform its obligation, even where it is due, if the other Party fails to perform its own obligation and if such non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance.
The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of breach sent to it for this purpose by the Party affected by the breach, stating the intention to invoke the defence of non-performance until such time as the defaulting Party has remedied the breach, served by registered letter with acknowledgement of receipt or by any other durable written medium providing proof of dispatch.
However, if the impediment is permanent or persists for more than one month from the date on which the impediment was established by the notification sent, this Agreement shall be terminated outright in accordance with the terms set out in the clause entitled ‘Termination due to a Party’s breach of its obligations’.
Article 13 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a force majeure event, within the meaning of Article 1218 of the Civil Code. The Party observing the event must immediately inform the other Party of its inability to perform its obligation and provide justification therefor. The suspension of obligations shall in no event give rise to liability for non-performance of the obligation in question, nor shall it give rise to the payment of damages or late payment penalties.
Performance of the obligation shall be suspended for the entire duration of the force majeure event if it is temporary and does not exceed a period of TWENTY-FOUR (24) hours. Consequently, as soon as the cause of the suspension of their reciprocal obligations ceases to exist, the Parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the Party prevented from performing shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or by email with confirmation of receipt. If the impediment is permanent or exceeds a period of TWENTY-FOUR (24) hours, this Agreement shall be terminated outright in accordance with the terms set out in the clause “Termination due to force majeure”.
Article 14 – Termination of the contract
14.1 Termination due to unforeseeable circumstances
Termination on the grounds of the impossibility of performing an obligation that has become excessively onerous may, notwithstanding the clause on Termination due to a party’s breach of its obligations set out below, only take effect FIFTEEN (15) days after the sending of a formal notice declaring the intention to apply this clause, served by registered letter with acknowledgement of receipt or any extrajudicial document.
14.2 Termination due to force majeure
Termination by operation of law on the grounds of force majeure shall not, notwithstanding the clause on termination for breach of obligations by a party set out below, take effect until TWENTY-FOUR (24) hours after the sending of a formal notice sent by email with a request for acknowledgement of receipt or any extrajudicial document.
However, such formal notice must state the intention to apply this clause.
14.3 Termination due to a party’s breach of its obligations
In the event of a breach by either party of any of its obligations, and in particular, failure to pay the booking fee by the due date, failure to return the Bicycle on the agreed date; or any other provision referred to in the articles of this contract, the contract may be terminated at the discretion of the aggrieved party.
The aggrieved Party may then notify the defaulting Party, by registered letter with acknowledgement of receipt or by email with confirmation of receipt, of the termination of this contract for breach, TWENTY-FOUR (24) hours after sending a formal notice to perform which has remained unheeded. The same shall apply in the event of a sufficiently serious breach by either party of its obligations pursuant to the provisions of Article 1224 of the Civil Code.
14.4 Provisions common to cases of termination
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement shall be validly given formal notice of default by the mere fact that the obligation has become due, in accordance with the provisions of Article 1344 of the Civil Code.
In any event, the aggrieved Party may seek damages through the courts.
Upon termination of the contract, the Renter must return the Bicycle or allow it to be repossessed without delay. The total rental amount shall be retained by the Lessor as initial compensation.
In the event that the Renter refuses to return the Bicycle, an order issued by the President of the competent local court, upon simple application or by way of summary proceedings, shall be sufficient to compel them to do so.
Furthermore, all costs incurred by the Lessor as a result of the termination of the contract shall be borne exclusively by the Lessee.
If, following termination, the Lessee continues to use the Bicycle for a certain period, the Lessor is entitled to claim a daily compensation for loss of use equal to the daily rental rate.
Article 15 – Assignment – Subletting
The Lessee may not sublet, lend, make available free of charge or for a fee, pledge as security or assign, in any capacity and in any form whatsoever, all or part of the Bicycle or the rights and obligations inherent in this Agreement without the Lessor’s prior express written consent.
Any breach of this clause shall result in the automatic termination of this contract, with liability resting solely with the Renter, under the conditions set out in Article 18-2 hereof
Article 16 – Processing of personal data
Pursuant to Law No. 78-17 of 6 January 1978 on data files, information technology and civil liberties, as well as the GDPR, the Lessee is informed and expressly agrees that the Lessor may hold a file containing personal data collected upon signing the rental agreement.
This data is processed to enable the Lessor to manage the rental and related operations, in particular invoicing, and to send the Lessee, where applicable, commercial information. It is intended, in whole or in part, for the Lessor and its partners.
Furthermore, the Lessor has installed a system in some of its Bicycles that enables them to be located in real time in order to facilitate the management of theft and loss of Bicycles. By signing the rental agreement, the Renter authorises the Lessor to collect, via the on-board geolocation system, and to use for the purposes described above, data enabling the geographical location of the Bicycle to be determined.
Only the Lessor’s services will have access to this data, as well as any person with a legal right of access. This data will be retained for the duration of the contract and, where applicable, the investigation.
In accordance with applicable regulations, the Renter has the right to access, rectify, erase and transfer data concerning them, as well as the right to object to processing on legitimate grounds; they may exercise these rights by contacting the data controller at the Lessor’s postal address: avenue du Val d’Ardèche - 07330 THUEYTS, accompanied by proof of identity
In the event of a complaint, the Tenant may lodge a complaint with the Commission Nationale de l'Informatique et des Libertés.
Article 17 – Applicable law – Language of the contract
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are drafted in the French language. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
APPENDICES:
List of damaged parts in € (including VAT)
Repair and replacement of parts:
Labour cost €65 (i.e. 1 hour) for technical work on complex products
Labour cost €35 (equivalent to 1/2 hour) for technical work on non-complex products
Cleaning: €5
Battery: €800
Fork: €200
Crankset: €100
Front wheel: €180
Rear wheel: €220
Shifters: €60
Handlebars: €45
Derailleur: €100
Electrical wiring: €70
Front/rear hydraulic brakes: €200
Tyres: €65
Brake discs: €55
Saddle: €30
Chain: €45
Handlebar grips: €20
Brake lever: €75
Mudguard: €30
Chain guard: €18
Front light: €65
Rear light: €65
Pedal: €55
Kickstand: €35
Bosch display: Purion €100 / Intuvia €160
Accessories to be replaced if damaged:
Child seat: €90
Bosch display: €160
Yamaha display: €150
Basket: €38
Lock: €20
Anti-theft device: €25
Bell: €5
Helmet: €50
High-visibility vest: €12
Puncture repair kit: €7
GPS: €150
Frame lock: €49.90
Replacement bike key in case of loss: €50
III / OKO PLANET VIA FERRATA EQUIPMENT RENTAL AGREEMENT
General Terms and Conditions for Via Ferrata Equipment Hire
GENERAL TERMS AND CONDITIONS FOR VIA FERRATA EQUIPMENT RENTAL
TERMS OF PARTICIPATION:
- Our activities are open to everyone; however, depending on the activity and route, certain conditions must be taken into account: age limit, technical or physical ability. - - You must not have any medical contraindications to participating in the chosen activity.
- Important: If you have no medical contraindications but are dependent on special medical care or treatment, or if your state of health requires particular attention, you must inform the rental company before the start of the activity.
ARTICLE 1 - PURPOSE OF THE CONTRACT
The hire of via ferrata equipment, comprising the basic equipment provided by Thueyts Town Hall and hired by Oko Planet, hereinafter referred to as ‘the hirer’, together with its accessories and basic equipment hired under the terms of this agreement, taken individually or collectively, are referred to as ‘hired goods’.
ARTICLE 2 - BASIC VIA FERRATA EQUIPMENT
Each set of equipment hired includes: 1 helmet, 1 harness, 2 lanyards with shock absorbers and 1 pulley.
ARTICLE 3 - OBLIGATIONS OF THE RENTER
The rental contract is concluded with the renter in person. It is therefore neither transferable nor assignable. The customer, referred to as the “renter”, must be a natural person over the age of 18 who acknowledges that they are fit to practise climbing (via ferrata) and have no medical contraindications. Users must be at least 1.40m tall and weigh at least 40 kg. Any minor must be accompanied by a responsible adult. For minors, the legal guardian undertakes, under the terms of these conditions, to assume full liability for any damage caused directly or indirectly by the minor as a result of the hire. As the via ferrata equipment is the responsibility of the hirer, they are advised to carry out a basic check of its main visible functional components prior to actually using the via ferrata equipment. The hirer acknowledges that the hired equipment is in perfect condition and undertakes to use it with care. In the event of a technical fault during the hire period, the hirer shall not be entitled to claim any damages from the hire company. Should repairs be necessary, the hirer must report to the hire point. The via ferrata equipment will be exchanged. The lessor reserves the right either to deduct the sums due from the security deposit or to invoice the customer at the rate displayed at the rental point in the event of wilful damage to the equipment.
ARTICLE 4 - TERMS OF USE
The hirer undertakes to use the hired equipment themselves. Lending or subletting the hired equipment is strictly prohibited. The hirer is held personally liable for any breach of these terms and for any bodily injury or property damage caused whilst using the hired equipment in their care. - The hirer must wear a helmet. - The hirer undertakes not to use the via ferrata equipment beyond their capabilities. Upon departure, the hirer is briefed on the use of the equipment and the safety rules for climbing. The lessor is not liable for any failure to comply with safety rules. For any other reason, the hirer must contact the lessor without delay.
ARTICLE 5 - OWNERSHIP
The hired equipment remains the exclusive property of Oko Planet for the duration of the hire. The rental entails the transfer of legal custody of the equipment and triggers the renter’s ‘civil liability’ insurance in the event of theft and for any damage they may cause whilst using or in possession of the equipment, until such time as the equipment is returned to the rental point.
ARTICLE 6 - COMMENCEMENT, PROVISION AND RETURN
The rental commences when the renter takes possession of the rented goods delivered to them. This contract is valid only for the duration of the rental. If the renter retains the via ferrata equipment beyond this period without having regularised their situation, they forfeit the benefits of the guarantees provided for in the contract. The hirer acknowledges having received the hired items in good working order with the basic equipment. They declare that they have had full opportunity to check the condition of the hired items. They undertake to return them in the condition in which they were hired, allowing for normal wear and tear.
ARTICLE 7 - LIABILITY
The tenant releases Oko Planet from any liability arising from the use of the rented goods, in particular with regard to the physical, material and non-material consequences of accidents of any kind. The tenant declares that they hold personal third-party liability insurance covering liability incurred during the use of the rented goods, both by themselves and by persons in their care. The tenant is personally liable for any damage, breakages or theft suffered by the hired items. Damage to the hired items, theft or loss will be charged to the tenant in accordance with the current rates attached hereto.
ARTICLE 8 - SECURITY DEPOSIT
Upon collection of the hired equipment, the hirer shall pay a security deposit (credit card without immediate debit or cash) of €400 for the via ferrata equipment hired. Upon return of the hired equipment by the hirer, the said security deposit shall be refunded or forfeited. The hirer authorises the lessor to deduct from the deposit any sums due to cover damage and theft, the costs of which are set out below. It is agreed that the amount of the deposit shall in no circumstances constitute a limit on liability, the lessor retaining, where applicable, the right to take legal action against the hirer to obtain full compensation for any loss or damage suffered.
ARTICLE 9 - ASSISTANCE
The hirer hires the via ferrata equipment in perfect working order. They must ensure that it is returned or collected from the hire point.
ARTICLE 10 - THE BOOKING
Once the booking has been confirmed, oko planet undertakes to the Customer to hire the reserved equipment to the Customer in accordance with the terms set out in the booking and these GTC and GCL, whilst the Customer undertakes to collect the said reserved equipment in accordance with the same terms. If the Customer wishes to book an additional item, they must make a separate booking on the website for the additional item they wish to book. The Customer has a statutory withdrawal period of 2 days from the date of receipt by the Customer of the email confirming acceptance of the Booking. However, this right of withdrawal may no longer be exercised if the Customer has collected the reserved equipment before the expiry of the seven-day period. The Customer shall contact oko planet directly, who will process the Customer’s cancellation request. The deposit will then be refunded within 30 days. It is understood that a refund of the deposit is only possible if the cancellation is made at least 2 days prior to the first day of the scheduled hire period. For any cancellation request made before the collection of the reserved equipment and outside the statutory withdrawal period, the full deposit will be retained by oko planet as rental payment. The deposit shall, however, be refundable in the event that such cancellation occurs as a result of force majeure, which the Customer must substantiate. In such a situation, the deposit shall be refunded within 30 days.
ARTICLE 11 - REFUNDS AND CANCELLATION
Oko Planet reserves the right to cancel and undertakes to refund the rental fee if the via ferrata cannot be used due to site maintenance or a problem on the route.
Surname / First name