General Terms and Conditions of Sale


Article 1 - Entirety


The present terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation when he validates his order.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

They are available on the Scooter-Lab.com website and shall prevail, where applicable, over any other version or any other contradictory document.

Seller and Buyer agree that these terms and conditions shall exclusively govern their contractual relationship. The seller reserves the right to modify these terms and conditions from time to time. Any modification will be applicable as soon as it is posted on the website.

If any provision of these terms and conditions is silent, it shall be deemed to be governed by the practices in force in the distance selling sector, whose companies are headquartered in France.

These terms and conditions are valid from the date of publication until they are modified or replaced.


Article 2 - Content


The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the Scooter-Lab.com website.

The present terms and conditions apply to purchases made by buyers located in France and in European Union countries, with deliveries made exclusively within the territory of the European Union. For deliveries outside the European Union, prices are exclusive of taxes and the customer undertakes to pay all taxes and customs duties that may be applied by the country of delivery. These charges may be requested by the carrier.

The products covered by these general terms and conditions of sale are : 

  • Scooters and scooter parts : freestyle, mobility and electric scooters (complete, handlebars, brakes, wheels, decks and other parts).

  • Protection and accessories (helmets, gloves, protection packs, GoPro, tools, other accessories, knee and elbow pads, textiles).

The purchaser declares that he/she has read and accepted these terms and conditions of sale before validating his/her order. As such, they are enforceable against him/her in accordance with the terms of article 1119 of the French Civil Code.


ARTICLE 3 - PRE-CONTRACTUAL INFORMATION


3.1 - Communication of information

Prior to placing an order and entering into a contract, the purchaser acknowledges having been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.

3.2 - Information sent to the buyer

The following information is provided to the buyer in a clear and comprehensible manner : 

  • The essential characteristics of the good or service ;

  • The price of the good or service ;

  • The method of calculating the price and, if applicable, any additional transport, delivery or postage costs and any other costs ;

  • All additional transport, delivery or postage costs and any other costs ;

  • If the contract is not to be performed immediately, the date or time by which the service provider undertakes to deliver the goods or perform the service, regardless of the price ;

  • Information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities ;

  • Information relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, as well as the procedures for implementing the guarantees and other contractual conditions. 

3.3 - Additional information provided by the seller

The seller shall also provide the buyer with the following information : 

  • Its name or company name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address ; 

  • The methods of payment, delivery and performance of the contract, as well as the methods provided by the professional for handling complaints ;

  • In the case of a sale, the existence of and procedures for exercising the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, and, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L. 217-15 and L. 217-17 of the Consumer Code ; 

  • The duration of the contract, in the case of a fixed-term contract, or the conditions under which it may be terminated in the case of an open-ended contract.

3.4 - Information relating to digital content

The seller shall indicate, with regard to digital content :

  • Any relevant interoperability of this content with certain hardware or software of which the professional has or ought reasonably to have knowledge.

 

Article 4 - The order


The buyer may place an order online, from the catalog available on the site, using the order form on the site, for any product, subject to availability.

In the event of unavailability of an ordered product, the buyer will be informed by e-mail.

For the order to be validated, the buyer must accept the present terms and conditions of sale by clicking where indicated. He/she must also choose the delivery address, the delivery method, and finally validate the payment method.

The sale will be considered final when :

      The buyer will receive an e-mail confirming the seller's acceptance of the order ; 

      The full price of the order will have been received by the seller.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably in the event of non-payment, incorrect address or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

The order for this product will then be cancelled, and any refund made. The rest of the order will remain firm and definitive.

For any questions relating to the tracking of an order, the buyer may contact customer service at the following address : contact@scooterlab.com


Article 5 - Electronic signature


The online provision of the buyer's credit card number and the final validation of the order shall constitute proof of the buyer's agreement, in particular :

      The sums due for the order are payable ;

      The signature and express acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the purchaser is invited, as soon as this use is noticed, to immediately contact customer service at the following address: contact@scooterlab.com


Article 6 - Order confirmation


Validation of an order by the Customer implies final acceptance of the sales contract, except in the cases provided for in the general sales conditions.

The order process (double click) and the Customer's authentication validate the sales contract. SDG Distribution will confirm the order by email.

The customer can consult the details of his order in the "My orders" area. SDG Distribution reserves the right to cancel any order in the event of a dispute with the Customer.

The information provided by the Customer (in particular the email address and the recipient's contact details) is the Customer's responsibility. SDG Distribution is not responsible for any errors in this information, and all deliveries to the address indicated will be considered compliant. 

In the event of reshipment due to a customer error, the costs will be invoiced to the customer.

If a SCOOTER LAB product is out of stock, the Customer will be informed by email and the product order will be cancelled. The rest of the order will remain valid. If payment has already been made for this product, it will be refunded; otherwise, the product will not be invoiced.


Article 7 - Proof of transaction


Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Purchase orders and invoices are archived on a reliable and durable medium, enabling them to be reproduced as proof if necessary.


Article 8 - Product information


The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last. 

The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.

Photographs of products are not contractual and are for guidance only.


Article 9 – Price


The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability of the products on that date.

Prices are indicated in euros and are subject to change according to exchange rate fluctuations, particularly for deliveries outside the Euro zone. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. For deliveries outside the European Union, additional taxes and customs duties may apply, and these will be charged to the customer.

Prices include VAT applicable on the date of the order. In the event of a change in the applicable VAT rate, this will automatically be reflected in the price of the products in the online store. For deliveries outside the EU, the customer may be subject to local taxes, which are not included in the sale price.

Payment in full is required at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.

If new taxes or contributions, such as environmental taxes, are introduced or modified (upwards or downwards), these changes may be reflected in the selling price of products.

The price is payable after validation of the order, according to the following methods : 

  • Online credit card (Carte Bleue, VISA, Mastercard, American Express, Bancontact) ; 
  • By PayPal

 

Article 10 - Method of payment


Placing an order implies an obligation to pay, which means that the buyer must pay the amount of the order at the time of validation. 

To pay for his order, the buyer has several methods of payment offered by the seller and listed on the website, including: 

      Online credit card (Carte Bleue, VISA, Mastercard, American Express, Bancontact);

      By PayPal

The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him when validating the order form. 

The seller reserves the right to suspend order processing and delivery in the event of refusal to authorize payment by credit card by the competent bodies, or in the event of non-payment. In addition, the seller may refuse a delivery or an order if the purchaser has not paid in full or in part for a previous order, or if a payment dispute is being administered. 

In order to prevent fraud, the seller has set up an order verification procedure to ensure that no one uses a third party's bank details without their consent. To this end, the purchaser may be asked to send a copy of an identity document and proof of address by e-mail. The order will only be validated once the seller has received and checked these documents.

Payments made by the purchaser will not be considered final until the seller has received the sums due.


Article 11 - Product availability - Refunds - Resolution


Except in cases of force majeure or during periods when the online store is closed, which will be clearly indicated on the home page of the site, shipping times, subject to availability, will be as indicated below. Delivery times run from the order registration date, as indicated in the order confirmation email.

Delivery times vary according to the geographical location of the buyer : 

      Metropolitan France : Delivery within 24 to 72 hours, from the day following order validation.

      European Union : Delivery within 2 to 5 working days, depending on country.

      Outside the EU : Delivery within 6 to 12 working days, depending on the buyer's location.

In the event of non-compliance with the agreed delivery date or deadline, the purchaser must, before rescinding the contract, request the seller to perform within a reasonable additional period. In the event of failure to comply within this new period, the purchaser may freely cancel the contract.

The buyer must complete these formalities by registered letter with acknowledgement of receipt or by any other written document on a durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

The purchaser may, however, cancel the contract immediately if the delivery date or delivery period is an essential condition of the contract.

In this case, if the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In accordance with article L. 242-4 of the French Consumer Code, if the professional has not reimbursed the sums paid by the consumer, these sums are automatically increased :

      The legal interest rate if reimbursement is made no later than 10 days after expiry of the 14-day period stated above ; 

      5% if the delay is between 10 and 20 days ; 

    10% if the delay is between 20 and 30 days ; 

      20% if the delay is between 30 and 60 days ; 

      By 50% between 60 and 90 days ; 

      And an additional five points for each month of delay, up to the price of the product, then the legal interest rate.


In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The buyer will then be able to choose between two options : 

      Request reimbursement of sums paid within 10 days of payment.

      Request product exchange.

 

Article 12 – Delivery terms


Delivery is defined as the transfer of physical possession or control of the goods to the consumer. Delivery takes place only after confirmation of payment by the seller's bank. 

Products ordered will be delivered as follows: By the carrier chosen by the customer.

Products will be delivered to the address indicated by the purchaser at the time of ordering. The buyer is responsible for the accuracy of his/her address. In the event of return of the parcel due to an erroneous or incomplete delivery address, the buyer will be liable for the cost of reshipment.

The buyer may, on request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and within the time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The purchaser must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.

This verification is considered to have been carried out once the purchaser, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail within two working days of receiving the item(s) at the latest, and send a copy of this letter by fax or ordinary mail to the seller at the address given in the site's legal notice.

If products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. No claims will be accepted after this period. Returned products must be in their original condition (packaging intact, accessories, instructions, etc.).


Article 13 - Delivery errors


The purchaser must make any claim concerning a delivery error and/or the non-conformity of the products in kind or in quality, in relation to the information given on the order form, on the day of delivery or, at the latest, on the first working day following delivery. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's option :

      Telephone number : 05 58 70 25 05 ;

      E-mail address : contact@scooterlab.com

Any claim made outside the above rules and deadlines will not be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned, and will communicate this number to the buyer by e-mail. A product can only be exchanged once the exchange number has been allocated.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging using the colis back application, which simplifies the return process. The address is 114 rue des Vanniers - 40150 SOORTS-HOSSEGOR.

In this case, return shipping costs are at the seller's expense.


Article 14 - Transfer of risk


Ownership of the products is transferred to the purchaser as soon as the parties have agreed on the item and the price. Consequently, the transfer of ownership, as well as the risks of loss and deterioration of the products, is carried out at the buyer's expense, as soon as the purchase order has been accepted by the seller.

The seller takes responsibility for delivery, which is entrusted to a carrier of the buyer's choice. The buyer must indicate the delivery address to the carrier.

Delivery is deemed to have taken place as soon as the products ordered have been handed over by the seller to the carrier.

Under these conditions, the buyer may not exercise any warranty against the seller in the event of non-delivery of transported products.


Article 15 - Product warranty


15.1 - Legal warranty of conformity and warranty against hidden defects

SDG DISTRIBUTION residing at: 114 Avenue des Vanniers - 40150 SOORTS-HOSSEGOR is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code, or the guarantee of defects in the thing sold as defined in Articles 1641 et seq. of the Civil Code.

In the event of implementation of the legal warranty of conformity, it is specified that :

      The buyer has a period of 2 years from delivery of the goods in which to take action.

      The buyer may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-17 of the French Consumer Code.

      The buyer is exempt from proving the existence of a lack of conformity for 6 months following delivery.

We also remind you that :

      This period has been extended to 24 months since March 18, 2016, except for used goods.

      The legal warranty of conformity applies independently of the commercial warranty described below;

      The buyer may also invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the purchaser may choose between rescission of the sale or a reduction in price in accordance with article 1644 of the French Civil Code.

15.2 - Commercial warranty

The products sold are also covered by a commercial warranty that ensures their conformity and offers reimbursement of the purchase price, replacement or repair of the goods.

This warranty does not cover defects resulting from abnormal or faulty use, nor those caused by causes unrelated to the intrinsic qualities of the products.

The above provisions do not exclude the application of the legal warranty of conformity under article L. 217-4 of the French Consumer Code and the warranty for defects in the item sold under articles 1641 et seq. of the French Civil Code.

The buyer is informed that the seller is not the producer of all the products presented, within the meaning of Law No. 98-389 of May 19, 1998 on liability for defective products.


Article 16 - Right of withdrawal


This right of withdrawal is excluded for :

      Service contracts, the performance of which has begun, with the buyer's agreement, before the end of the withdrawal period ; 

      Contracts for goods or services whose price depends on financial market rates ; 

      Contracts for goods made at the buyer's request or clearly personalized ; 

      Contracts for goods which, by their nature, cannot be reshipped or may deteriorate or expire rapidly; video cassettes, CDs, DVDs if they have been opened by the buyer ; 

      Press (newspapers, periodicals or magazines).

In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

Products must be returned in their original packaging and in perfect condition within 14 days of notification to the seller of the buyer's decision to cancel.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on the scooter-lab.com website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the purchaser. Any other method of declaring withdrawal is accepted, provided that it is clear and expresses the will to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.

Return shipping costs are at the buyer's expense.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above


Article 17 - Force majeure


Any circumstances beyond the control of the parties preventing the normal performance of their obligations shall be considered as grounds for exoneration and shall result in the suspension of the parties' obligations.

The party invoking a case of force majeure must immediately inform the other party of the occurrence and disappearance of the event.

Force majeure is defined as any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be avoided despite all reasonable efforts. The following are expressly considered as cases of force majeure, in addition to those generally accepted by the jurisprudence of French courts and tribunals : 

      Blocking means of transport or supplies ; 

      Earthquakes ; 

      The fires ; 

      The storms ; 

      Flooding ; 

      Lightning ; 

      Stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will be resumed. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the aggrieved party.


Article 18 - Intellectual property


The content of the website (technical documents, drawings, photographs, images, logos, texts, videos, graphics, etc.) remains the exclusive property of the seller, who is the sole owner of the intellectual property rights pertaining to this content, including, but not limited to, copyright, trademark rights, database rights and design rights.

Purchasers undertake not to make any use whatsoever of the content of this site, whether for commercial or non-commercial purposes. 

Any reproduction, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.


Article 19 - Data protection


The nominative data provided by the purchaser is necessary for the processing of his/her order and the preparation of invoices.

This data may be transmitted to the seller's partners involved in the execution, processing, management and payment of orders.

The processing of information collected on the scooter-lab.com website has been declared to the CNIL.

The buyer has a right to access, modify, rectify, oppose, portability, limit and delete information concerning him. This right may be exercised according to the procedures defined on the scooter-lab.com website.


Article 20 - Partial non-validation


If one or more stipulations of these terms and conditions are deemed invalid or declared as such by virtue of a law, regulation or final decision of a competent court, the other stipulations will remain valid and applicable.


Article 21 - Non-waiver


The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations of the present terms and conditions shall not be construed as a waiver of the obligation in question for the future.


Article 22 - Title


In the event of any difficulty of interpretation between any of the headings appearing at the top of the clauses and any of the clauses themselves, the headings shall be deemed not to exist.


Article 23 - Language of the contract


These general terms and conditions of sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of dispute.


Article 24 - Mediation


In the event of a dispute, the buyer may have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).


Article 25 -  law


These general terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This rule applies to both substantive and formal rules. In the event of a dispute or claim, the buyer must first contact the seller to try to find an amicable solution.