I / OKO PLANET GENERAL TERMS AND CONDITIONS OF SALE
II / BICYCLE RENTAL AGREEMENT
III / VIA FERRATA EQUIPMENT RENTAL AGREEMENT
I / GENERAL TERMS AND CONDITIONS OF SALE
OKO PLANET
Article 1 Preamble
1.1 - The Website
The website www.location-ebike.com / location.bike is operated by SASU OKO PLANET. Any order confirmed by a Customer (as defined below) on the website www.location-ebike.com / location.bike, hereinafter referred to as www.location-
ebike.com, implies prior acceptance of these general terms and conditions.
1.2 - Company identification
SASU OKO PLANET is a company incorporated under French law with a capital of €5,000, whose registered office is located 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 sending mail.
1.3 - Purpose of the general terms and conditions of sale - Reciprocal obligations
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by 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 Location-ebike.com / location.bike. In this regard, the Customer acknowledges that they accept without reservation all of the provisions set out herein.
Location-ebike.com / location.bike reciprocally undertakes to comply with its obligations under these terms and conditions.
1.4 - Definitions
Any person wishing to do business with Location-ebike.com / location.bike in accordance with these terms and conditions shall be referred to as a "Customer", and 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 shall be referred to as a "Supplier".
Each order placed by a Customer under the conditions set out herein shall hereinafter be referred to as an "Order".
The companies used by Location-ebike.com / location.bike to deliver Products to the Customer are hereinafter referred to as "Carriers".
Customer Service is the primary point of contact between the Customer and Location-ebike.com / location.bike. Customer Service can be reached 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. Response times cannot be guaranteed.
Art 2 General
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 law of 13 March 2000 on electronic signatures and the law 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 irrevocable acceptance of these general terms and conditions by the Customer, in the same way as a handwritten signature, which can only be challenged within the limits set out in Article 10 below of these general terms and conditions.
2.2 - Term of the contract
The general terms and conditions of sale are concluded for the duration necessary for the supply of the goods and services subscribed to, until the expiry of their guarantees.
2.3 - Documentary evidence
Contractual information regarding the Order will be confirmed by email. Location-ebike.com / location.bike recommends that the Customer keep their Order confirmation email or print it out. However, any documents resulting 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 modify 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 general terms and conditions of online sale in force on the date of the Order.
Art 3 Products
3.1 - Description and information about Products
The Products offered by Location-ebike.com / location.bike comply with current French legislation and standards applicable in France. However, if a Product is withdrawn from sale for any reason by the Supplier, Location-ebike.com / location.bike will withdraw the Product from sale as soon as possible. This action shall in no way give the Customer the right to take legal action.
If the Product or its packaging is replaced by the Supplier only to make way for an equivalent new-generation Product, Location-ebike.com / location.bike may market the Product until stocks are exhausted, without any time limit. In this sense, the unavailability of an old Product or the sale of a Product in its old packaging shall in no way 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 for any incorrect information provided by the Suppliers (errors in references, characteristics, photographs, etc.).
In general, the descriptions (photographs, texts, graphics, information and characteristics) illustrating the Products presented are provided for information purposes only. In the event that a Product is offered in several versions, the photograph(s) is (are) provided for information purposes only and does (do) not provide any information about the contents.
In the event of an error in the description (photographs, text, graphics, information or characteristics) of a Product, Location-ebike.com / location.bike cannot be held liable. In the event of an error in the description, the Customer will not automatically be entitled to return the Product. Except in the cases provided for in Article 10 below, only an error in the description of the substantial qualities of the Product may justify the right to return the Product in question.
3.2 - Availability
Location-ebike.com / location.bike undertakes to honour Orders received within the limits of the stocks available 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 imposed by this unavailability, Location-ebike.com / location.bike will offer a replacement product in the same price range and with the same characteristics to its Customer, who will be free to accept or refuse it.
In the event of the unavailability of all or part of the order, and the Customer's refusal of the delivery time or replacement products, Location-ebike.com / location.bike will offer a refund or a credit note valid for the entire Location-ebike.com / location.bike catalogue.
If the Customer opts for a refund, Location-ebike.com / location.bikebike 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 unavailability of the product, preferably using the same payment method used when placing the order or, if this is not possible, by bank cheque sent to the address provided by the Customer as the billing address.
In the event of unavailability of the products ordered, Location-ebike.com / location.bike shall not be held liable to a Customer or a third party for any indirect damage, loss of profit or turnover, or loss of data occurring in any way 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 plus the time taken for transport by the Carrier(s). Similarly, the time required for the Product to be made available for collection from the Warehouse corresponds to the availability time, to which the usual order preparation time must be added. These times are calculated from the date of payment validation by Location-ebike.com / location.bike.
Art 4 Price
4.1 - Composition and validity
The prices of Products sold on the Website are indicated in euros, inclusive of all taxes, excluding shipping, warranty and ancillary service costs, and are valid as long as they appear on the product description page. If the price of the same product is incorrect on another part of the website (e.g. on the home page) or in the newsletter, the price indicated in the basket shall prevail.
4.2 - Fluctuations
The price of the same Product may fluctuate after it has been posted on the Website. This fluctuation may be temporary, as part of a limited-time promotional offer, or longer-term, depending on the supply channels and commercial policies of the Suppliers. Location-ebike.com / location.bike cannot be held responsible for price fluctuations.
These fluctuations shall in no way entitle the Customer to return their Product outside the conditions and time limits for returns 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 not be refunded under any circumstances.
4.3 - Possible errors
All prices are subject to obvious typographical errors. If an error occurs, Location-ebike.com / location.bike will contact the Customer to notify them of the error made by its services and remind them that the Order will be invoiced under the corrected conditions. However, if the corrected conditions are refused, the Customer will be free to cancel the corrected Order without penalty.
Art 5 Order
5.1 - Capacity
Only persons legally capable of entering into contracts relating to the goods and services offered on the Website may place orders on the Location-ebike.com / location.bike Website. When placing an Order, the Customer guarantees that they have full legal capacity to adhere to these terms and conditions and thus enter into this contract. When paying by card, the Customer guarantees that they are fully authorised to use the card and that it provides access to sufficient funds to cover all costs necessary to settle the Order.
5.2 - Personal information
When placing an Order, the Customer agrees to provide the information requested and undertakes to ensure that this information is accurate: email address, first and last name, postal address and telephone number.
Any Customer validly registered on the Website shall be bound by any Order that required the use of the Customer's email address and personal password (subject to the rights of withdrawal and return as defined herein).
The Customer must check all the information entered during the Order (Product ordered, delivery address, billing address, telephone number, etc.). In the case of an Order placed by telephone with the telephone sales service of Location-ebike.com / location.bike, 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 www.location-ebike.com / location.bike website or by telephone with the telephone sales department, the Customer realises that certain information needs to be changed, they can do so by contacting Customer Service by telephone on 07 89 73 30 00.bike website or by telephone with the telephone sales department, the Customer realises that certain information needs to be changed, they may do so by contacting Customer Service 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 meet their request. The updated information can only be taken into account if the Order has not yet been processed or is not already being shipped.
Location-ebike.com / location.bike cannot be held responsible for any data entry errors made by the Customer or for any consequences in terms of delays or delivery errors. Therefore, if delivery cannot take place due to an input error by the Customer, the Customer shall be responsible for the re-shipping costs. In this case, 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 in 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 new email from the Carrier informing them that their Order has been dispatched.
5.4 - Order processing
Orders are processed in the order in which their payment is validated. Location-ebike.com / location.bike undertakes to process all Orders, within the limits of the stocks available in its warehouses and at its Suppliers. Deliveries are made subject to availability and may be made in full or in part. In the case of an Order for several 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 of postal services and means of transport, communications (computer network failure, etc.), flooding, fire, etc. Location-ebike.com / location.bike cannot be held liable to a Customer or a third party for any indirect damage, loss of profit or turnover, or loss of data occurring in any way whatsoever, even if such damage, loss or harm was foreseeable by Location-ebike.com / location.bike, or if its possibility had been brought to its attention.
Art 6 Payment validation
6.1 - Purpose
Payment validation by Location-ebike.com / location.bike Services allows parcels to be shipped either to the Customer's home, to the address chosen by the Customer, or to one of the pick-up 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 sometimes carry out checks on the validity of payments made. In the event of 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 Services in order to enable them to definitively validate their Order.
At the end of this potential check, 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 payment validation 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 will be invoiced instantly on the Website. In the case of distance selling or sales outside the Website, the Customer will generally be invoiced within 24 hours of the date of payment validation.
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 at 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 gives access to sufficient funds to cover all costs resulting from their order.
b/ In the event of online payment by card over the phone to the Location-ebike.com / location.bike Customer Service representatives, the Order cannot be delivered to a pick-up point. Furthermore, Location-ebike.com / location.bike will ask the Customer for the following supporting documents:
- If the Order has been 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 less than 3 months old for that company, as well as two valid forms of ID for the company manager.
The card will be debited as soon as the purchase is confirmed (except for deferred debit cards, which will be debited according to the Customer's bank terms and conditions).
B/ Payment by bank cheque
The cheque must be issued by a bank domiciled in mainland France or Monaco. The Order will only be confirmed once the cheque has been received by 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.
In addition, 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 less than 3 months old for that company and two valid identity documents for the company's manager.
It is essential that the Customer indicates their name and order number, as provided when confirming 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. It is valid for a maximum of 365 days. It is non-refundable, non-cumulative, indivisible, does not apply to shipping costs, and can only be used on orders with a value, excluding shipping costs, greater than or equal to its value.
7.2 - Access to the invoice
The invoice is automatically sent to the Customer by email as soon as the order is dispatched.
It is also available in the Customer's account on www.Location-ebike.com / location.bike (under "my account") or in the contact section, accessible from the home page on the website www.Location-
ebike.com by leaving a message for customer service.
7.3 - Default of payment
Location-ebike.com / location.bike reserves the right to suspend or close the account of any Customer who contravenes 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.
Location-ebike.com / location.bike reserves the right to refuse to make a delivery or to honour an Order from a Customer who has not paid in full for a previous Order or with whom a dispute has not been resolved.
Furthermore, Location-ebike.com / location.bike reserves the right to refuse to make a delivery or to honour an Order from a Customer whose cheque has not been fully validated by the Bank or whose distance selling by credit card is doubtful or suspected of being fraudulent.
Art 8 Collection
Location-ebike.com / location.bike allows its Customers to collect their orders only via the website www.Location-ebike.com / location.bike.
8.1 - Confirmation of collection
The Customer will be notified by email when their order is ready for collection. Orders can only be collected if the entire order is in stock at the store. If the Product is stored at the Supplier's premises, the Customer must wait until the product is in stock before the Location-ebike.com / location.bike team can dispatch it.
When the order is available for collection, failure to collect the Products within 30 days will result in the uncollected products being returned to stock. The Customer will therefore have 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 available will result in the Customer risking a long wait and the unavailability of the Products ordered.
8.2 - Documents required for collection
When collecting their Order, the Customer must present the Order confirmation email and:
a/ If the invoice was issued in the name of an individual: proof of identity;
b/ If the invoice was issued in the name of a company: a Kbis extract less than 3 months old for that company and the identity card of the company manager;
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, as well as their own identity card and a letter of authorisation drawn up and signed by the Customer (if they are an individual) or by the company manager (if they are a company).
In the event of non-compliance with these provisions, Location-ebike.com / location.bike reserves the right not to hand over the Order to the Customer.
8.3 - Reserves upon collection
The absence of reservations upon collection by the Customer constitutes irrevocable acceptance. Collection of the Product automatically transfers the risks to the Customer, which means that the handling, loading and transport of the Product is entirely their responsibility.
Art 9 Delivery
9.1 - Delivery process
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. Location-ebike.com / location.bike therefore advises the Customer to ensure that the information they have provided for the delivery of their Order is accurate.
Delivery does not include installation or commissioning of the Product ordered, nor the return of old equipment.
If the Customer has entered an incorrect or incomplete address (stairs, building, door, code, etc.) when placing their Order, the carrier will be unable to make the delivery and the Product will automatically be returned to Location-ebike.com / location.bike.
- If the Customer decides to proceed with a new delivery, this will be at their expense for an amount of £19.99 including VAT and must be paid before the reshipment by contacting Customer Service.
- 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 Product returned by the Carrier. The refund made by Location-ebike.com / location.bike will be for the amount of the order, less the initial delivery costs and £9.99 including VAT for return delivery. If the Customer chooses to receive a credit note, this will be for the amount of the order, less the initial delivery costs and £9.99 including VAT for return delivery.
In the event of a parcel being lost by the carrier, an investigation will be opened with their service. The duration of this investigation may 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 either to resend the items or to refund them.
9.2 - Delivery to a pick-up point
When the parcel arrives at the pick-up point selected by the Customer, the Customer will be notified by the Carrier by 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, it will be automatically returned by the Carrier to Location-ebike.com / location.bike.
If the Customer requests that the parcel be re-shipped, the re-shipping costs will be borne by the Customer.
If the collection point is closed at the time of delivery, the Carrier reserves the right to select another collection point that is open and 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.
If 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 allow for shipment via the relay point network, Location-ebike.com / location.bike reserves the right to ship the parcel by another carrier directly to the Customer's billing address without this giving rise to any claim on the part of the Customer.
9.3 - Delivery by Carrier
Some deliveries by Carrier may be subject to an appointment arranged between the Carrier and the Customer. In this case, if the Customer cannot be present on the day of delivery, they must choose an authorised person to receive the delivery and assume all responsibilities incumbent upon the Customer.
If the Customer is absent, the Carrier will not be able to make the delivery. Depending on the Carrier's delivery conditions:
- either the parcel will be deposited directly at a collection point (notified on the parcel tracking) where the Customer must go to collect it. Any parcel deposited at a collection point cannot be redelivered.
- or the Customer will be notified of the Carrier's visit and will have to contact them again to arrange a new delivery appointment.
If the Customer fails to keep the new appointment, any costs associated with organising 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 of the residence, the delivery cannot take place but the delivery costs remain the responsibility of the Customer. These conditions may include, for example: construction work, blocked street, street too narrow, unknown door code, inaccessible intercom, etc. (see Article 9.4).
No delivery will be made beyond the front door of the house or building.
9.4 - Delivery times
Deliveries are made by various specialist Carriers depending on the nature of the Product ordered.
In order to track the delivery of their Order, the Customer will receive an email when the Product is shipped.
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 delivery time, the Customer may contact Customer Service, who will contact the Carrier to determine the cause of the delay and inform the Customer. If necessary, Location-ebike.com / location.bike will open an investigation into the delivery of the product with the Carrier concerned.
The Carrier itself determines the duration of the investigation into the loss. The investigation is opened within 24 working hours of the Customer sending Location-ebike.com / location.bike information about the non-receipt of their Order, as well as any documents necessary for the investigation that Location-ebike.com / location.bike may request from the Customer. If the Product is found during the investigation period, it will be delivered to the Customer. If the Product is not found at the end of the investigation, and only under this condition, Location-ebike.com / location.bike will:
- ship 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 on the next purchase if the Product(s) ordered are no longer available.
Once the Order has been dispatched, a delay in delivery that is subject to investigation and/or the loss of the Product shall not constitute grounds for cancellation of the Order if Location-ebike.com / location.bike dispatches a replacement Product within the aforementioned time limits.
9.5 - Special cases
For deliveries of products made by the Carrier to islands in mainland France that are not connected to the mainland by a bridge (Corsica, Île d'Yeu, Île de Porquerolles, etc.), the estimated delivery time is automatically increased by 48 hours.
9.6 - Inspection of goods, damage and complaints
According to Article L133.3 of the French Commercial Code, "acceptance of the goods extinguishes any action against the Carrier for loss or partial damage if, within 3 days, excluding public holidays, following the date of receipt, the recipient has not notified the carrier, by extrajudicial document or registered letter, of their reasoned protest".
In the event of damage during transport or loss, the Customer must express their reservations as clearly as possible on the carrier's delivery note or, failing that, within 3 days of receipt, by registered letter with acknowledgement of receipt (LRAR) or by bailiff's writ. If the Carrier disputes the reservations made by the Customer on the delivery note, they must be reiterated by registered letter with acknowledgement of receipt.
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, if the latter's liability is recognised, with the Customer providing Location-ebike.com / location.bike with all documents and information in their possession for this purpose.
Upon delivery of the Product, the Customer must unpack the Product in the presence of the Carrier. The Customer must then check the conformity of the Order delivered in the presence of the Carrier before signing the Delivery Note.
In the event of any anomaly concerning the delivery, the Customer must indicate their reservations in the form of detailed, dated, explicit handwritten comments accompanied by their signature on the delivery note. Such anomalies may include, for example:
- Damaged Product: scratches, dents, impacts, leaks, etc.
- Non-compliant product: in terms of type (incorrect reference, etc.) or quantity, etc.
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 in the container mentioned on the delivery note could lead to the Product being classified as "damaged".
The words "subject to" or "subject to unpacking, testing, etc." on the delivery note have no legal value and cannot be used as evidence against the carrier for any subsequent claim.
In the event of an anomaly or non-compliance, the Customer must refuse the parcel and notify the Customer Service department of Location-ebike.com / location.bike by telephone on 07 89 73 34 45 or by email using the contact form on the website www.location-ebike.com / location.bike, within a maximum of 3 working days from the date of delivery.
If it was not possible to check the parcel and its contents upon delivery, the Customer must send a detailed complaint to the Carrier by registered letter 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'ardeche 07330 Thueyts, so that Location-ebike.com / location.bike can open a dispute with the Carrier. Without a copy of the Customer's complaint letter, Location-ebike.com / location.bike will not be able to take any action against the Carrier and thus defend the Customer's interests.
Any complaint made after this period may be rejected without the Customer having any right of appeal.
The absence of a complaint and/or the failure to express reservations on the part of the Customer upon delivery means that the Product delivered is deemed satisfactory and cannot be the subject of any subsequent dispute (except for legal guarantees for non-conformity and/or hidden defects in the product).
9.7 – Delivery rates
Delivery rates or shipping 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 limited (geographical area, weight of the package, delivery method, etc.).
Customer Service is available to communicate and explain the rates to Customers.
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 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 legal withdrawal period of 7 days applies only to products purchased online. The Customer therefore has 7 calendar days from the date of receipt of their products to request a return number from the Customer Service department of Location-ebike.com / location.bike. by email or telephone.
Once the return number has been obtained, the Customer has an additional 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 refund, at their discretion.
If the Customer returns the Product more than 10 calendar days after obtaining a return number and within a maximum of 30 calendar days after the date of receipt of their products, only a credit note or 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 returned.
If the Customer exercises their right of return and in accordance with the provisions of Article L. 121-20 of the French Consumer Code, the costs of returning the Order shall be borne by the Customer.
If the return request is related 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 to the Carrier - the return costs will therefore be borne by Location-ebike.com / location.bike. In this case, the above-mentioned return deadlines and conditions remain the same.
10.2 - Procedure for returning a Product
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 from their Customer Area. The Customer will then receive a return confirmation email.
If the return is due to a change of mind, the Customer must ship part or all of the Order at their own expense to the following address: SASU OKO PLANET, Avenue du val d'ardeche 07330 thueyts.
When 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 package, mixing up the Order with that of another Customer, error in the choice of part shipped following an exchange, etc.), the Product will be returned at the expense of Location-ebike.com / location.bike. The Carrier generally intervenes within 48 working hours of the request.
IMPORTANT: errors related to failure to take into account the compatibility characteristics of the vehicle are not covered by this policy. In case of doubt, the Customer may contact Customer Service 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 origin of the error), Location-ebike.com / location.bike cannot be held liable to a Customer or a third party for any indirect damage, operating loss, loss of profit or turnover occurring in any way whatsoever, even if such damage, loss or harm was foreseeable by Location-ebike.com / location.bike, or if its possibility 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 by their own means, even if this is due to an error on the part of 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 must return the complete item(s) to Location-ebike.com / location.bike, 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.
Everything must be returned in a TRANSPORT PACKAGE to the following address: SASU OKO PLANET, Avenue du val d'ardeche 07330 thueyts.
The Product must be returned to Location-ebike.com / location.bike in a condition suitable for resale, i.e. in accordance with the return conditions set out below:
- in its exact original condition, undamaged,
- inside its original packaging, which must be intact,
- with the original sealed container or bottle if it is a liquid,
- with all accessories that were included,
- in perfect working order,
- bearing no signs of assembly or use,
- with its instructions.
Examples of things not to do:
- Tear the cardboard box or packaging bag upon receipt (the box or bag must be opened carefully, for example using a cutter to cut the adhesive tape sealing it),
- Putting brown or coloured tape on the packaging when returning it,
- Assembling the part without comparing it with the original,
- Sticking the Post Office or carrier label on 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, regardless of the cause, are the responsibility of the Customer. The risks associated with poor packaging (breakage, loss of parts, leakage, etc.) are the responsibility of the Customer.
If the Product is lost by the Carrier during shipment, the Customer is solely responsible and will not be reimbursed by Location-ebike.com / location.bike (unless the Customer has taken out return insurance and, as a result, the carrier has been appointed by Location-ebike.com / location.bike).
If the right of return is exercised in accordance with the conditions stipulated herein, the Customer will be offered either a credit note or a refund of the purchase amount.
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. If this deadline is exceeded for reasons beyond its control, Location-ebike.com / location.bike cannot be held liable by the Customer.
The refund will be made using the same payment method as the initial order.
In the event that the initial payment method does not allow for a refund via the same method, or in the event of payment by credit card with a telephone advisor, the refund will be made by cheque, sent to the name and postal address provided by the Customer in the "billing address" section when placing the order.
If the Customer is refunded by bank credit, the speed with which the credit appears in the Customer's bank account depends on the type of bank card the Customer has: 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 themselves.
If the returned Product does not reach Location-ebike.com / location.bike within the time limits and conditions set out in this Article 10, Location-ebike.com / location.bike reserves the right to refuse the returned products and not to proceed with the refund or issue a credit note to the Customer.
In this case, if the Customer wishes to use their Product again, they must request this by email, via their Customer account or by telephone to Location-ebike.com / location.bike, which will then send the Product as soon as possible. The costs of reshipment will be borne by the Customer and payable in advance by credit card.
Art 11 Product Warranties
The Products sold by Location-ebike.com / location.bike are not guaranteed, as the guarantee does not apply to consumable products such as oils, maintenance products, etc.
As Products such as oils are not perishable in the vast majority of cases, the date of manufacture of the Product indicated on the container may be several years prior to the date of the Order. Under no circumstances may this information be used by the Customer to refuse the goods or to assert any rights or compensation.
Art 12 In-store purchases
For any purchase made directly at the Location-ebike.com / location.bike shop counter, the Customer selects the Product and checks that it complies with and is suitable for their needs. Consequently, the sale and the Product are deemed to be compliant. No complaints 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 executed and interpreted in accordance with French law.
Any dispute that may arise in connection with their validity, interpretation or execution shall be submitted to the courts of the region in which the registered office of SASU OKO PLANET is located, to which exclusive jurisdiction is expressly attributed. Consumers (excluding professionals) may choose, at their discretion, either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where they were residing at the time of the conclusion of the contract or the occurrence of the harmful event.
In the event that one of the provisions of the general terms and conditions is deemed illegal or unenforceable by a court decision, the other provisions of said terms and conditions shall remain in force.
13.2 - Liability
The liability of Location-ebike.com / location.bike under the terms of the general terms and conditions of sale may not exceed an amount equal to the sums paid or payable at the time of the transaction giving rise to said liability, regardless of the cause or form of the action concerned.
Art 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 their Order. Some of this information may be transferred to companies involved in the delivery of the Products. The Customer agrees to authorise the Company to send them commercial solicitations, including newsletters, by email concerning its Products or Services. The Customer may also be contacted via any other commercial means, such as Facebook, in order to be kept 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.
Art 15 Protection of Personal Data
By ticking the box entitled "I accept the general terms and conditions of sale" when placing an order, the Consumer concerned gives their specific, free and informed consent to the use of their personal data by third parties.
The Consumer has the option to object to the dissemination of this information to Avis Vérifiés via the address: contact@location-ebike.com / location.bike
Location-ebike.com / location.bike complies with the processing of its users' personal data in accordance with Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as amended by Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.
In accordance with this law, the Customer has the right to access, modify, rectify and delete any information concerning him/her. The Customer may exercise this right directly by sending an email via the form on the website.
The Company only collects personal data via the order form and the form on the contact page. Not all fields in these forms are mandatory. The Company only asks the Customer for information that is essential for high-quality processing and careful monitoring of the order (surname, first name, address, e-mail). Any other information that may be requested is only intended to provide the Customer with information that is 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 of sale and rental of via ferrata equipment
GENERAL TERMS AND CONDITIONS FOR VIA FERRATA EQUIPMENT RENTAL
CONDITIONS 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 level. - - You must not have any medical contraindications to practising the chosen activity.
- Important: If you do not have any medical contraindications but require special medical care or treatment, or if your state of health requires special attention, you must inform the rental company before the start of the activity.
ARTICLE 1 - PURPOSE OF THE CONTRACT
The rental of via ferrata equipment, including basic equipment provided by the Thueyts town hall and rented by okoplanet, referred to as "the rental company", its accessories and basic equipment rented under the terms of this agreement, taken individually or collectively, are referred to as "rented goods".
ARTICLE 2 - BASIC VIA FERRATA EQUIPMENT
Each piece of equipment rented is equipped with: 1 helmet, 1 harness, 2 lanyards with shock absorbers and 1 pulley.
ARTICLE 3 - OBLIGATIONS OF THE LESSEE
The rental agreement 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 40kg. All minors must be accompanied by a responsible adult. For minors, the legal guardian undertakes, under the terms of these conditions, to assume all responsibility for any damage caused directly or indirectly by the minor as a result of the rental. As the via ferrata equipment is the responsibility of the hirer, it is recommended that they carry out a basic check of its main visible functional elements before actually using the via ferrata equipment. The hirer acknowledges that the rented equipment is in perfect condition and undertakes to use it with care. In the event of a technical failure during the rental period, the renter may not claim any damages from the rental company. If repairs are necessary, the renter must report to the rental point. The via ferrata equipment will be exchanged. The lessor reserves the right to either deduct the amounts due from the security deposit or to invoice the customer at the rate displayed at the rental point in the event of deliberate damage to the equipment.
ARTICLE 4 - TERMS OF USE
The hirer undertakes to use the rented equipment themselves. Lending or subletting the rented equipment is strictly prohibited. The hirer is personally liable for any infringement as well as for any physical injury or material damage caused by them during the use of the rented equipment in their care. - The hirer must wear a helmet. - The hirer undertakes not to use the via ferrata equipment beyond their abilities. The hirer will be informed on departure about how to use the equipment and the safety rules for climbing. The lessor is not responsible for any failure to comply with the safety rules. For any other reason, the hirer must contact the lessor without delay.
ARTICLE 5 - OWNERSHIP
The rented goods remain the exclusive property of Oko Planet for the duration of the rental. The rental transfers legal custody of the equipment and engages the hirer's civil liability insurance in the event of theft and for any damage that may be caused during the use and possession of the equipment, until it is returned to the rental point.
ARTICLE 6 - EFFECTIVE DATE, AVAILABILITY AND RETURN
The rental takes effect when the renter takes possession of the rented goods delivered to them. This contract is only valid for the duration of the rental. If the renter keeps the via ferrata equipment beyond this period without having regularised their situation, they lose the benefit of the guarantees provided for in the contract. The hirer acknowledges that they have received the rented goods in good working order with the basic equipment. They declare that they have had full opportunity to check the condition of the rented goods. They undertake to return them in the condition in which they were rented, without taking into account normal wear and tear.
ARTICLE 7 - LIABILITY
The hirer releases oko planet from any liability arising from the use of the rented goods, in particular with regard to the physical, material and immaterial consequences of accidents of any kind. The hirer declares that they have personal civil liability insurance covering liability incurred through the use of the rented goods by themselves and those in their care. The hirer is personally liable for any damage, breakages or theft of the rented goods. Any damage to the rented goods, theft or loss will be invoiced to the hirer according to the attached price list.
ARTICLE 8 - DEPOSIT
When the rented equipment is made available, the renter shall pay a deposit (credit card without immediate debit or cash) of €400 for the via ferrata equipment rented. When the rented equipment is returned by the renter, the deposit shall be refunded or cancelled. The hirer authorises the lessor to deduct from the deposit any sums due in compensation for damage or theft, the costs of which are set out below. It is agreed that the amount of the deposit shall in no case constitute a limit of liability, and the lessor shall retain the right, where applicable, to pursue the hirer in order to obtain full compensation for their loss.
ARTICLE 9 - ASSISTANCE
The hirer rents the via ferrata equipment in perfect working order. They must ensure that it is returned or repatriated to the rental point.
ARTICLE 10 - RESERVATION
Once the reservation has been made, oko planet undertakes to rent the reserved equipment to the Customer in accordance with the terms and conditions set out in the reservation and these GTC and GTCG, while the Customer undertakes to take the said reserved equipment in accordance with the same terms and conditions. If the Customer wishes to reserve an additional item, they must make another reservation on the website for the additional item they wish to reserve. The Customer has a legal withdrawal period of 2 days from receipt by the Customer of the e-mail confirming acceptance of the Reservation. However, this right of withdrawal may no longer be exercised if the Customer has removed the reserved equipment before the expiry of the seven clear days. The Customer shall contact oko planet directly, which will process the Customer's cancellation request. The deposit will then be refunded within 30 days. It is understood that the deposit can only be refunded if the cancellation is made at least 2 days before the first day of the planned rental. For any cancellation request made before the reserved equipment is collected and outside the legal withdrawal period, the entire deposit will be retained by oko planet as rental fees. However, the deposit will be refundable if the cancellation is due to a case of force majeure, which the Customer must justify. In such a situation, the deposit will be refunded within 30 days.
ARTICLE 11 - REFUND AND CANCELLATION
Oko Planet reserves the right to cancel and undertakes to refund the rental if the via ferrata cannot be used due to site maintenance or problems on the route.