I / OKO PLANET GENERAL TERMS AND CONDITIONS
II / OKO PLANET BIKE RENTAL AGREEMENT
III / OKO PLANET VIA FERRATA EQUIPMENT RENTAL AGREEMENT
I / GENERAL TERMS AND CONDITIONS OF SALE
OKO PLANET
Article 1 Preamble
1.1 - The Websites
The Websites: location-ebike.com / location.bike / via-ferrata-ardeche.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 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 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 relation to the online sale of goods and services offered by Location-ebike.com / location.bike 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 of Location-ebike.com / location.bike. In this regard, the Customer acknowledges that they accept without reservation all the provisions set out herein.
Location-ebike.com / location.bike undertakes, in turn, to comply with the obligations incumbent upon it under these terms and conditions.
1.4 - Definitions
The term “Customer” refers to any person wishing to trade with Location-ebike.com / location.bike in accordance with these general terms and conditions, and the term “Supplier” refers to any company that has authorised Location-ebike.com / location.bike to sell a Product belonging to it on the Website or that has sold Products directly to Location-ebike.com / location.bike.
Any order placed by a Customer in accordance with the terms set out herein shall hereinafter be referred to as an “Order”.
The companies engaged by Location-ebike.com / location.bike to deliver Products to the Customer are hereinafter referred to as “Carriers”.
Customer Services is the primary point of contact between the Customer and Location-ebike.com / location.bike. Customer Services can be contacted every day on 07 89 73 34 45.
The Customer may also contact Customer Service at this address: info@locaiton-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 Location-ebike.com / location.bike website online, the Customer’s electronic signature on the ‘Order Form’ marks the conclusion of the contract between the Customer and Location-ebike.com / location.bike.
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 subscribed to, until the expiry of their warranties.
2.3 - Evidential document
Contractual information regarding the Order will be confirmed by email. Location-ebike.com / location.bike 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 computer systems of Location-ebike.com / location.bike may also constitute legal proof of communications, Orders and payments between the parties.
2.4 - Validity of the general terms and conditions of sale
Location-ebike.com / location.bike 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 Location-ebike.com / location.bike website by Customers are governed by the online terms and conditions of sale in force on the date of the Order.
Art 3 Products
3.1 - Description and information about the Products
The Products offered by Location-ebike.com / location.bike 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, Location-ebike.com / location.bike 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, Location-ebike.com / location.bike 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 Location-ebike.com / location.bike.
Location-ebike.com / location.bike endeavours to present the essential characteristics of the Products as accurately as possible on the Product pages. The information presented by Location-ebike.com / location.bike is that provided by the Suppliers. Location-ebike.com / location.bike cannot be held liable in the event of incorrect information provided by the Suppliers (errors in product reference, specifications, 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 available 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, Location-ebike.com / location.bike 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
Location-ebike.com / location.bike undertakes to fulfil Orders received subject to stock availability from its Suppliers. In the event of proven unavailability of the product ordered, or in the event of a significant increase in the delivery time resulting from such unavailability, Location-ebike.com / location.bike will offer the Customer a replacement product of a similar price and with similar characteristics, and the Customer shall be 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, Location-ebike.com / location.bike will offer a refund or a credit note valid across the entire Location-ebike.com / location.bike catalogue.
If the Customer opts for a refund, Location-ebike.com / location.bike will make every effort to refund the Customer within 30 days of the date on which Location-ebike.com / location.bike informed the Customer of the product’s unavailability, preferably via the same payment method used for 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 that the products ordered are unavailable, Location-ebike.com / location.bike 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 Location-ebike.com / location.bike 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 Location-ebike.com / location.bike. In this case, the delivery time to the Customer corresponds to the availability period, to which the transport time by the Carrier(s) must be added. Similarly, the time required for collection from the warehouse corresponds to the availability time, to which the usual order preparation time must be added. These timeframes are calculated from the date of payment confirmation by Location-ebike.com / location.bike.
Art 4 Price
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 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. Location-ebike.com / location.bike cannot be held liable for price fluctuations.
Under no circumstances shall such fluctuations entitle the Customer to return their Product outside the return conditions and time limits set out in Article 10 below. Location-ebike.com / location.bike cannot be held liable in the event of fluctuations in the sale 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, Location-ebike.com / location.bike 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 legally capable of entering into contracts concerning the goods and services offered on the Website may place orders on the Location-ebike.com / location.bike Website. When placing the 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 has 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 details entered during the Order (product ordered, delivery address, billing address, telephone number, etc.). In the case of an Order placed by telephone with the Location-ebike.com / location.bike 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 is included in the Order confirmation email. If, after confirming their Order placed on the website www.location-ebike.com / location.bike website 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 Location-ebike.com / location.bike 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.
Location-ebike.com / location.bike cannot be held liable for any data entry errors made by the Customer or for any resulting 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 such cases, the Customer shall refrain from making any claims regarding delivery times.
5.3 - Confirmation and dispatch emails
Location-ebike.com / location.bike 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 Services of Location-ebike.com / location.bike in accordance with the payment validation procedures described in Article 6 below, the Customer will receive 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 confirmed. Location-ebike.com / location.bike 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 multiple items, Location-ebike.com / location.bike may send each item in separate parcels.
5.5 - Non-fulfilment of the Order
Location-ebike.com / location.bike cannot be held liable for non-performance of the contract in the event of force majeure, disruption or total or partial strike, in particular affecting postal services and transport, communications (computer network failure, etc.), flooding, fire, etc. Location-ebike.com / location.bike 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 Location-ebike.com / location.bike, or if the possibility thereof had been brought to its attention.
Art 6 Payment Confirmation
6.1 - Purpose
Confirmation of payment by the Location-ebike.com / location.bike Services 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, Location-ebike.com / location.bike 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 Location-ebike.com / location.bike to enable them to definitively validate the Order.
Following any such verification, Location-ebike.com / location.bike reserves the right to accept or reject the Order:
- If the supporting documents are not received within 48 hours, Location-ebike.com / location.bike reserves the right to refuse to validate the payment and therefore to reject the Order.
- If documents deemed non-compliant by the Services of Location-ebike.com / location.bike are received, Location-ebike.com / location.bike 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 payment validation date.
Art 7 Payment
7.1 - Payment methods
Location-ebike.com / location.bike does not store our Customers’ credit card details.
The Customer has several options for paying for their Order:
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 using the addresses and numbers they have 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 Location-ebike.com / location.bike Customer Service representatives, the Order cannot be delivered to a collection point. Furthermore, Location-ebike.com / location.bike 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 Customer’s banking terms and conditions).
B/ Payment by 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 Location-ebike.com / location.bike, 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 includes 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 Location-ebike.com / location.bike 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 available in the Customer’s account area at www.Location-ebike.com / location.bike (under ‘My Account’) or in the ‘Contact’ section, accessible from the homepage at www.Location-
ebike.com by leaving a message for customer service.
7.3 - Non-payment
Location-ebike.com / location.bike 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 Location-ebike.com / location.bike.
In particular, Location-ebike.com / location.bike reserves the right to refuse to make a delivery or fulfil an Order from a Customer who has not paid in full for a previous Order or with whom a dispute remains unresolved.
Furthermore, Location-ebike.com / location.bike reserves the right to refuse to make a delivery or 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
Location-ebike.com / location.bike offers its Customers the option to collect their orders exclusively via the website www.Location-ebike.com / location.bike.
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 Location-ebike.com / location.bike team can dispatch it.
Once the order is ready for collection, failure to collect the Products within 30 days will result in the uncollected items 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 is issued in the name of an individual: proof of identity;
b/ If the invoice is 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, along with their own identity document and a letter of authorisation drawn up and signed by the Customer (if it is an individual) or by the company director (if it is a company).
In the event of failure to comply with these provisions, Location-ebike.com / location.bike reserves 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 results in the transfer of risk to the Customer, meaning that the handling, loading and transport of the Product are entirely their 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 Location-ebike.com / location.bike advises the Customer to ensure the accuracy of the information they have provided for the delivery of their Order.
Delivery does not include installation, commissioning of the ordered Product, or collection of the old equipment.
If the Customer has entered an incorrect or incomplete address (staircase, building, door, postcode, etc.) when placing their Order, the carrier will be unable to make the delivery and the Product will automatically be returned to Location-ebike.com / location.bike.
- 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, Location-ebike.com / location.bike will make every effort to refund the Customer within 30 days of the date of receipt of the returned Product by the Carrier. The refund issued by Location-ebike.com / location.bike will be for the order amount, minus 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 order amount, minus 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, Location-ebike.com / location.bike will offer the Customer the option of either resending the items or issuing 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 Location-ebike.com / location.bike.
Should the Customer request that the parcel be re-dispatched, the re-dispatch costs shall be borne by the Customer.
If the collection point is 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 details of the new collection point by email or text message.
In the event that the Carrier is unable to select a new collection point, the parcel will be automatically returned to Location-ebike.com / location.bike. Upon receipt, Location-ebike.com / location.bike 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, Location-ebike.com / location.bike 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
Some 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.
If the Customer is 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 go to 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 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, Location-ebike.com / location.bike will make every effort to arrange a new delivery, and the costs associated with organising this new delivery will be borne by Location-ebike.com / location.bike.
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 front door of the house or building.
9.4 - Delivery times
Deliveries are handled by various specialist carriers depending on the nature of the Product ordered.
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, Location-ebike.com / location.bike undertakes 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, Location-ebike.com / location.bike 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 is initiated within 24 working hours of the Customer providing Location-ebike.com / location.bike with information regarding the non-receipt of their Order, as well as any documents required to open this investigation that Location-ebike.com / location.bike 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, Location-ebike.com / location.bike:
- will dispatch a replacement Product at its own expense if the Product is still available;
- refund the price of the Order lost by the Carrier or offer a credit note towards 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 Location-ebike.com / location.bike dispatches a replacement Product within the timeframes mentioned above.
9.5 - Special cases
For product deliveries made by a 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 Location-ebike.com / location.bike (and the Carrier) of their reservations. Location-ebike.com / location.bike will replace lost or damaged products after resolving the dispute with the Carrier, provided the Carrier’s liability is established, in which case the Customer must provide Location-ebike.com / location.bike 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 issues may include, for example:
- Damaged Product: scratches, dents, impacts, leaks...
- Non-compliant product: in terms of type (incorrect item number, 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 shall not be considered an anomaly. Only a leak from the container noted on the delivery note may 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 a defect or non-conformity, the Customer must refuse the parcel and must notify the Customer Service department of Location-ebike.com / location.bike by telephone on 07 89 73 34 45 or by email via the contact form on the website www.location-ebike.com / location.bike, within a maximum of 3 working days from the date of delivery.
In the event that 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 Location-ebike.com / location.bike by email or via the contact form on the website www.location-ebike.com / location.bike, or by post to: SASU OKO PLANET, Avenue du Val d’Ardèche, 07330 Thueyts, so that Location-ebike.com / location.bike can raise a claim with the Carrier. Without a copy of the Customer’s letter of complaint, Location-ebike.com / location.bike will be unable to take any action against the Carrier and thus defend the Customer’s interests.
Any claim made after this deadline may be rejected without the Customer having any right of appeal.
The absence of a complaint and/or the Customer’s failure to raise any objections at the time of delivery means that the delivered Product is deemed satisfactory and cannot be the subject of any subsequent dispute (excluding statutory guarantees for non-conformity and/or hidden defects in the product).
9.7 – Delivery charges
Delivery charges or postage costs are available on the Location-ebike.com / location.bike website. 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 assist Customers with enquiries regarding rates.
Art 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 French 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 team at Location-ebike.com / location.bike. by email or telephone.
Once the return number has been obtained, the Customer has a further 10 calendar days to return the product. Upon receipt of the product, if its condition complies with the conditions 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 complies with 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 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 Location-ebike.com / location.bike 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 Location-ebike.com / location.bike or by a collection request made directly with the Carrier – the return costs will therefore be borne by Location-ebike.com / location.bike. In this case, the time limits and conditions of the right of return set out above remain the same.
10.2 - 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 Location-ebike.com / location.bike (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 carried out at the expense of Location-ebike.com / location.bike. The Carrier generally acts 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 policy. Indeed, in case of doubt, the Customer 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 in the parts ordered (regardless of the cause of the error), Location-ebike.com / location.bike 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 Location-ebike.com / location.bike, 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 Location-ebike.com / location.bike, as the order must be checked by the Customer at the time of collection.
Under no circumstances may the Customer request that Location-ebike.com / location.bike collect the product from their home. To return the desired item(s), the Customer simply needs to return the complete item(s) to Location-ebike.com / location.bike, 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 Location-ebike.com / location.bike 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 accessories included,
- in perfect working order,
- showing no signs of assembly or use,
- with its instruction manual.
Examples of what not to do:
- Tearing 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 it,
- Assembling the part without comparing it to the original,
- Sticking the Post Office or carrier’s 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 parts, leakage, etc.) are borne by the Customer.
If the Product is lost by the Carrier during this shipment, the Customer is solely liable and will not be eligible for a refund from Location-ebike.com / location.bike (unless the Customer has taken out return insurance and, consequently, the carrier has been appointed by Location-ebike.com / location.bike).
If 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, Location-ebike.com / location.bike will make every effort to refund the Customer within 30 days of receiving the returned Product. Should this period be exceeded for reasons beyond its control, Location-ebike.com / location.bike cannot be held liable by the Customer.
The refund will be made via the same payment method used for 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 Location-ebike.com / location.bike within the timeframes and under the conditions set out in this Article 10, Location-ebike.com / location.bike 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 their Product again, they must submit a request by email, via their Customer account or by telephone to Location-ebike.com / location.bike, which will then dispatch the Product as soon as possible. The costs of reshipment shall be borne by the Customer and payable in advance by credit card.
Art. 11 Product Warranties
Products sold by Location-ebike.com / location.bike are not covered by a warranty, as the warranty does not apply to consumables such as oils, maintenance 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 claim any rights or compensation.
Art. 12 In-Store Purchases
For any purchase made directly at the counter of the Location-ebike.com / location.bike shop, the Customer selects the Product, checks its conformity and suitability for their needs. 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 Location-ebike.com / location.bike 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 Location-ebike.com / location.bike under these 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 nature of the claim 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 regarding its Products or Services. The Customer may also be contacted via other commercial channels, such as Facebook, to keep them informed of commercial news from Location-ebike.com / location.bike.
In order to improve the quality of service, calls made to Location-ebike.com / location.bike may be recorded.
Article 15 Protection of Personal Data
By ticking the box labelled “I accept the general terms and conditions of sale” when placing an order, the Consumer concerned gives their specific, free and informed consent to the use of their personal data by third parties
The Consumer may object to the disclosure of this information to Avis Vérifiés via the following address: contact@location-ebike.com / location.bike
Location-ebike.com / location.bike 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 asks the Customer only for the 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 BICYCLE RENTAL AGREEMENT
THE FOLLOWING HAS BEEN PREVIOUSLY SET OUT
Introductory Article - Purpose
The company OKO PLANET (hereinafter referred to as "the Lessor") has a fleet of bicycles available for hire.
The purpose of this agreement is to determine the terms and conditions under which the Lessor rents to the Lessee the bicycle(s) and equipment listed in the special conditions (hereinafter referred to, regardless of their number, as "the Bicycle").
This rental, which is not subject to any special regime, is governed solely by the provisions of the Civil Code on rental.
Article 1 – Booking terms and conditions
All bicycle rentals are subject to the conclusion of a rental agreement that includes general terms and conditions and special terms and conditions, all of which form an indivisible whole.
The reservation only becomes final upon signature of the contract by both parties and receipt of the deposit, the amount of which is specified in the special conditions.
The name of the Renter indicated on the rental agreement is that of the main renter, who must be present when the agreement is signed and to whom the rental costs will be billed.
In the event of the rental of several bicycles, the Renter shall be solely responsible for ensuring that all users of the Bicycles to whom he entrusts them comply with all the obligations related to this contract.
Article 2 – Conditions relating to the Renter and essential documents
The Renter declares that they are fit to ride a bicycle and that they are not aware of any medical contraindications. They are responsible for checking the physical fitness of the persons to whom they entrust bicycles under this contract, which is their sole responsibility.
The Lessor cannot be held liable for any damage caused by the Lessee's unfitness.
Upon delivery of the Bicycle to the Lessee, the Lessor transfers legal and physical custody of the Bicycle for the duration of the contract and until the Bicycle is effectively returned. The Lessee is responsible, as custodian of the Bicycle, 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 bodily injury or material damage resulting from the use of the Bicycle by the Lessee or any persons authorised by the Lessee.
Article 3 – Deposit and payment for the hire
At the time of booking, the Lessee shall be liable for a deposit, the total amount of which is set out in the special conditions. The balance of the rental fee shall be paid at the time of taking possession of the rented Bicycle, at the place agreed between the Parties.
For rentals to professionals, in the event of non-payment or unpaid bills, the Lessee expressly accepts the forfeiture of the term for invoices not yet due and the automatic termination of the contract, as well as the immediate return of the Bicycle(s) currently being rented.
In the event of late payment (invoice due date), the Renter shall be liable for a late payment penalty on the amount due, calculated at the legal interest rate in force plus EIGHT (8) percentage points.
Article 4 - Modification of the reservation
Once the Rental Agreement has been signed, the dates and conditions of the rental may not be modified without the prior express written consent of the Lessor.
If the Lessee does not take possession of their Bicycle within FOUR (4) hours of the date and time of reservation mentioned in their reservation, the Rental shall be deemed to have been cancelled by the Lessee, who shall then be required to pay the full amount of the reservation.
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 a deposit from the Lessee. The Lessee shall not be entitled to any other compensation.
Article 5 – Security deposit
In order to take possession of the Bicycle, the Lessee shall pay the Lessor a security deposit, the amount of which is set out in the Special Terms and Conditions of the rental. This deposit is intended to guarantee the Lessor payment of the rental, plus any financial liability that the Lessee may be liable for in the event of damage or deterioration to the Bicycle or its equipment, or in the event of theft.
It will be used to restore the Bicycle to the condition it was in when it was taken into possession.
Article 6 - Provision of the Bicycle
The Lessor undertakes to deliver the reserved Bicycle(s) to the Lessee at the address agreed at the time of booking, on the day and at the time indicated, in apparent good working order and equipped with a repair kit.
All rented Bicycles 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 rental 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 rental.
The Hiree is required to check that all of this equipment is present when the bicycle is delivered and the contract is signed.
In the event of failure to return any of this equipment, the Lessor shall charge the Lessee a fixed penalty of €50 including VAT in the event of incomplete return.
By signing the rental contract, the Renter accepts the bicycle in its current condition and considers 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 Lessee is required to notify the Lessor within FIFTEEN (15) minutes of departure. Failing this, the bicycle will be deemed to have been delivered in good working order.
Article 7 – Return of the bicycle
The rental ends with the actual return of the bicycle and accessories to the Lessor, at the place and time of return stipulated in the rental agreement.
The Hiree's attention is drawn to the fact that the Hire Company schedules its bicycle delivery and return rounds and is committed to specific times for its customers. It is therefore an essential condition of this hire that the Hiree returns the bicycle in strict accordance with the terms and conditions set out herein.
Thus, if the Lessee is not present at the agreed meeting place at the time stipulated in this contract, the Lessor reserves the right to charge the Lessee a penalty of £50 per day of delay for failure to return the bicycle.
If the Lessee is more than FIVE (5) minutes late for the agreed return time, the Lessor shall attempt to contact the Lessee and shall continue with their rounds. It shall then be the Lessee's responsibility to contact the Lessor to arrange a new meeting time.
The Bicycle must be returned in the same condition as when it was taken into possession by the Lessee. If this is not the case, the Lessor reserves the right to charge return and repair costs. All damage will result in the cost of repairs being deducted from the security deposit. If the latter is insufficient, the Lessor will charge the surplus to the Lessee, who must pay the invoice upon receipt.
Repairs and any loss of the bicycle will be charged to the Lessee upon presentation of a repair or purchase invoice.
Article 8 – Use of the bicycle
The Lessee undertakes to use the equipment with care and within the limits of their abilities, to comply with the usual and applicable instructions for use and safety, and to use the rented 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 Hiree declares that they will comply with the Highway Code and undertake to observe it strictly.
If the Lessee contravenes the laws and regulations in force during the rental period, the Lessor shall in no way be held liable.
The Hiree 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 Lessee undertakes:
- to use the Bicycle reasonably, under normal conditions of use;
- to ride only on roads suitable for cycling;
- to use the Bicycle in accordance with the provisions of the Highway Code
- not to use the bicycle while 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 Hiree is informed of the battery's range upon departure. The Lessor is not responsible if the battery runs out.
Article 9 – Accidents and Theft
In the event of a technical failure of the Bicycle during the term of the contract, the Renter may not undertake any repair work on their own initiative. They are required to inform the Lessor, who will then provide them with all necessary instructions. Only punctures may be "repaired" directly by the Renter using the kit provided by the Lessor.
The bicycle will be replaced by a bicycle of the same type, subject to availability and in the absence of fault on the part of the Hiree, for the remaining period of the contract.
The Lessee may not claim reimbursement of costs or invoices, nor damages.
In the event of damage to the bicycle, even if it does not require immediate repair, the Hiree must inform the Lessor without delay as soon as they become aware of it.
In the event of an accident, the Hiree must immediately report it to the Lessor. An accident report, whether or not the Hiree is responsible, 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 hire contract.
The Lessee is required to take reasonable steps to complete the accident report in a legible and usable manner and signed by both Parties. If this is not possible, the Lessee 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 making it impossible to submit a report within the above-mentioned time limits, such as in the event of refusal by the insurance companies to cover the damage caused to the bicycle, the Lessee shall be liable for all damage attributable to him/her, in particular that suffered by the Bicycle, up to its market value plus the costs and expenses associated with its immobilisation.
In the event of theft, the Lessee must provide the Lessor with proof, within a maximum of 24 hours after the theft, that a complaint has been filed within 24 hours at a police station or gendarmerie.
If the stolen bicycle is subsequently returned to the Lessor, the Hiree who has complied with the above procedure will be reimbursed the amount of the deposit collected, less any costs incurred in repairing the Bicycle.
9.1
Liability – Damage to rented property – Theft
The Lessee is personally liable for any damage caused by them during the use of the EAB and Accessories. The Lessor cannot be held liable for damage suffered or caused by the EAB and Accessories, unless it is proven that such damage is due to an internal defect or a lack of maintenance of the EAB and Accessories.
The Lessee declares that they have personal civil liability insurance covering any liability incurred during the use of the rented Goods by themselves, persons in their care or their employees.
The hirer is therefore not covered for damage to the rented item and is personally liable for such damage, breakage, loss and theft.
In the event of breakage: the lessee undertakes to return the damaged equipment, which must be recognisable and complete. Damage to the equipment will be invoiced to the lessee according to the current rates appended 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 part or all of the loss.
An invoice will be provided to the hirer so that they can present it to their personal insurer if necessary.
Article 10 – Insurance and Assistance
The Renter and any person to whom they allow to use the Bicycle must be covered by civil 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 rental.
Article 11 – Unforeseeable circumstances
In the event of a change in circumstances that were unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that did not agree to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.
However, if the change in circumstances that was unforeseeable at the time of conclusion of the contract was definitive or lasted for more than THIRTY (30) days, the present contract shall be terminated in accordance with the terms set out in the article entitled "Termination due to unforeseeable circumstances".
Article 12 - Exception of non-performance
It is hereby reiterated that, pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its obligation and if such failure is sufficiently serious, i.e. likely to jeopardise the continuation of the contract or fundamentally upset its economic balance.
The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it for this purpose by the Party affected by the default, indicating the intention to apply the exception of non-performance until the defaulting Party has remedied the default, sent 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 of notification of the impediment, these terms and conditions shall be terminated in accordance with the terms set out in the article entitled "Termination for breach of obligations by a party".
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, results from a case of force majeure, 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 service and justify this to the other Party. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it give rise to the payment of damages or late penalties.
The performance of the obligation shall be suspended for the 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 has disappeared, the Parties shall make every effort to resume the normal performance of their contractual obligations as soon as possible. To this end, the impeded Party shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt. If the impediment is permanent or exceeds a period of TWENTY-FOUR (24) hours, the present agreement shall be terminated in accordance with the terms set out in the article entitled "Termination due to force majeure".
Article 14 - Termination of the contract
14.1 Termination due to unforeseen circumstances
Termination due to the impossibility of performing an obligation that has become excessively onerous may, notwithstanding the clause Termination for breach of obligations by one of the parties set out below, only take place FIFTEEN (15) days after the sending of a formal notice declaring the intention to apply this clause, notified by registered letter with acknowledgement of receipt or any extrajudicial document.
14.2 Termination due to force majeure
Termination by operation of law due to force majeure may not, notwithstanding the clause on termination for breach of obligations by one of the parties set out below, take place until TWENTY-FOUR (24) hours after the sending of a formal notice by email with acknowledgement of receipt or any extrajudicial document.
However, this formal notice must mention the intention to apply this clause.
14.3 Termination for breach of obligations by one of the parties
In the event of failure by either party to fulfil one of its obligations, in particular non-payment of the booking price 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 Party affected by the breach may then notify the Defaulting Party by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt of the termination of this contract, TWENTY-FOUR (24) hours after sending a formal notice to comply which has remained unsuccessful. The same shall apply in the event of a sufficiently serious breach by one of the parties of its obligations under 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 notice by the mere fact that the obligation is due, in accordance with the provisions of Article 1344 of the Civil Code.
In any event, the aggrieved Party may seek damages in court.
Upon termination of the contract, the Hiree shall return the Bicycle or allow it to be collected without delay. The total amount of the hire charge 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 request or by way of summary proceedings shall be sufficient to compel them to do so.
In addition, all costs incurred by the Lessor as a result of the termination of the contract shall be borne exclusively by the Lessee.
If, after termination, the Lessee continues to use the Bicycle for a certain period of time, the Lessor shall be entitled to charge a daily immobilisation fee equal to the daily rental rate.
Article 15 – Transfer – subletting
The Lessee may not sublet, lend, make available free of charge or for a fee, give as security or assign in any way or in any form whatsoever, all or part of the Bicycle or its rights and obligations inherent in this agreement without the prior express written consent of the Lessor.
Any breach of this clause shall result in the automatic termination of this contract, with the Renter bearing sole responsibility under the conditions set out in Article 18-2 herein.
Article 16 - Processing of personal data
In accordance with Law No. 78-17 of 6 January 1978 on files, data processing and freedoms, as well as the GDPR, the Lessee is informed and expressly agrees that the Lessor may hold a file containing personal data collected when the rental agreement was signed.
This data is processed to enable the Lessor to manage the rental and related operations, in particular invoicing, and to send the Lessee commercial information, where applicable. It is intended, in whole or in part, for the Lessor and its partners.
In addition, the Lessor has installed a system in some of its Bicycles that allows 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 Lessee 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 right of access under the law. This data will be kept for the duration of the contract and, where applicable, the investigation.
In accordance with applicable regulations, the Lessee has the right to access, rectify, erase and transfer data concerning him/her, as well as the right to object to the processing of such data on legitimate grounds, which he/she may exercise by contacting the data controller at the Lessor's postal address: avenue du Val d'Ardèche - 07330 THUEYTS, France, enclosing proof of identity with their request.
In the event of a complaint, the Tenant may submit a complaint to the French Data Protection Authority (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 written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic 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 interventions on complex products
Labour cost €35 (i.e. 1/2 hour) for technical interventions on non-complex products
Washing: €5
Battery: €800
Fork: £200
Crankset: €100
Front wheel: €180
Rear wheel: £220
Shifter/gear: €60
Handlebars: £45
Derailleur: £100
Electrical wiring: €70
Front/rear hydraulic brakes: €200
Tyres: €65
Brake disc: €55
Saddle: €30
Chain: €45
Handlebar grip: €20
Brake lever: £75
Mudguard: €30
Chain guard: £18
Front light: £65
Rear light: £65
Pedal: €55
Stand: €35
Bosch display: Purion €100 / Intuvia €160
Accessories to be replaced in case of damage:
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
Bicycle key replacement in case of loss: €50
III / OKO PLANET VIA FERRATA EQUIPMENT RENTAL AGREEMENT
General Terms and Conditions for the Rental of Via Ferrata Equipment
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 may not 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, complete 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.