The online store of the site rideevolve.eu has been implemented by the company Innovation Distribution Service (I.D.S), marina, 44380 Pornichet, RCS St Nazaire 527 622 813, which is the operator of this site. Any order placement for a product listed within the online store of the website rideevolve.eu suppose prior consultation of these general terms and conditions. Consequently, the consumer acknowledges being fully informed that their agreement regarding the content of these general terms and conditions does not require a handwritten signature of this document, insofar as the customer wishes to order online the products presented within the framework of the website's store.
The consumer has the ability to save or edit these general conditions, noting that both saving and editing this document are his sole responsibility. The consumer, prior to placing an order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for personal use. As a consumer, the client has specific rights, which would be challenged if the products or services acquired through the website were actually related to his professional activity. The online store established by the company Innovation Distribution Services on the website mentions the following information:
1. legal notice allowing precise identification of the company Innovation Distribution Services
2. presentation of the essential characteristics of the goods offered
3. indication, in Euros of the price of the goods, as well as, where applicable, delivery costs
4. indication of payment, delivery, or execution methods
5. the existence of a right of withdrawalDownload the form here
6. the validity period of the offer or the price
7. the termination conditions of the contract when it is indefinite or longer than one year
8. All of this information is presented in the French language. The consumer declares having full legal capacity to engage under these general conditions.
A question or a problem with an order:
Before anything else, do not hesitate to contact us, we will do everything possible to ensure you are satisfied: Contact us here
Article 1 :
Integrity
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or handed over by the consumer can be integrated into the present conditions, as long as these documents would be incompatible with these general conditions.
Article 2 :
Object
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company Innovation Distribution Services to the consumer.
Article 3 :
Contractual documents
The present contract is formed by the following contractual documents, presented in decreasing hierarchical order: the present general conditions; the purchase order. In case of contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document will prevail.
Article 4:
Effective Date – Duration
The present terms and conditions come into effect on the date of signing the order form. These general conditions are concluded for the duration necessary for the provision of the subscribed goods and services, until the expiration of the guarantees owed by the company Innovation Distribution Services.
Article 5 :
Electronic signature
The “double clic” of the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6:
Order confirmation
The contractual information will be confirmed by email at the latest at the time of delivery or, failing that, to the address indicated by the consumer within the order form.
Article 7:
Proof of transaction
The computerized records, stored in the computer systems of Innovation Distribution Services under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8:
Product information
8-a : Innovation Distribution Services company presents on its website the products for sale with the necessary features that allow compliance with Article L 111-1 of the Consumer Code, which provides the potential consumer with the possibility to know the essential characteristics of the products they wish to purchase before placing a final order.
8-b : The offers presented by the company Innovation Distribution Services are only valid while stocks last.
Article 9:
Price
Prices are indicated in euros including VAT and are only valid on the date the order form is sent by the consumer. They do not include delivery charges of €5 for any order under €100 and free for orders from €100, if applicable, they will be billed as an additional charge, and indicated before the order is confirmed. Prices take into account the T.V.A. applicable on the day of the order and any change in the applicable rate T.V.A. will automatically be reflected in the price of products in the online store. At no time can the amounts paid be considered as deposits or down payments.
Article 10:
Payment method
To pay for the order, the consumer has, at their choice, all the payment methods listed in the order form. The consumer guarantees the company Innovation Distribution Services that they have the necessary authorizations, if any, to use the payment method chosen by them, upon validation of the order form.
Article 11 :
Product availability
The order will be executed no later than within 3 days from the day following the day the consumer placed their order. In the event of unavailability of the ordered product, particularly due to our suppliers, the consumer will be informed as soon as possible and will have the option to cancel their order. The consumer will then have the choice to request either a refund of the amounts paid within 30 days at the latest from their payment or an exchange of the product.
Article 12:
Delivery terms
The products are delivered to the address indicated by the consumer on the order form. The consumer is required to check the condition of the packaging and the contents upon delivery and report any damage or non-compliance with the order form to the carrier on the delivery note, as well as to Innovation Distribution Services, within one week. The consumer can, upon request, obtain the sending of an invoice to the billing address rather than the delivery address by validating the option provided for this purpose on the order form. Regarding shipping, we work with Colissimo for all packages under 30kg and with Sernam for all packages over 30kg. As soon as we proceed with a shipment, you immediately receive an email informing you.
THE POST OFFICE
To minimize shipping costs, all low or medium bulk products are shipped via Colissimo Suivi postal service. Besides being economical, this service delivers within 48 hours throughout France and allows you to collect the ordered products at your local post office if you are absent from the delivery location during the initial delivery attempt. Specifically, if you are absent on the delivery day, your mail carrier will leave a notice in your mailbox, which will allow you to pick up your package at your post office during opening hours, within 15 days. Colissimo Suivi is a very reliable service. However, as with any shipment, there may be a delivery delay or the product may be lost. In case of a delivery delay compared to the date we indicated in the shipping email, we ask you to report this delay by calling us or sending us an email. We will then contact the Post Office to initiate an investigation. A postal investigation can last up to 21 days from the start date of the investigation. If during this period, the product is found, it will be immediately redirected to your home (in most cases). If, however, the product is not found at the end of the 21-day investigation period, the Post Office considers the package lost. It is only at this point that we can send you a replacement product at our expense. If the ordered products are no longer available at that time, we will refund you the amount of the products lost by the carrier. If the products are still available but have changed in sale price on the site, we will apply the new sale prices, either by refunding you the difference by check or by requesting an additional check for this price difference. We disclaim any responsibility for extended delivery times due to the carrier, especially in case of product loss or strike.
Article 13 :
Delivery issues due to the carrier
Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products...) must be indicated on the delivery note in the form of "handwritten reservations," accompanied by the customer's signature. The consumer must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within two (2) working days following the delivery date, outlining the said claims. The consumer must send a copy of this letter by fax or by regular mail to: IDS – 42 route de mahuit – 44380 Pornichet
Article 14:
Delivery errors
14-a : The consumer must submit to the company Innovation Distribution Services on the day of delivery or at the latest the first business day following delivery, any claim of delivery error and/or non-conformity of products in nature or quality compared to the indications on the order form. Any claim made beyond this period will be rejected. 14-b : The submission of this claim to IDS can be made primarily by phone at the 02.40.11.77.22 or by email at the address: info@rideevolve.eu 14-c : Any claim not made in accordance with the rules defined above and within the stipulated time frame will not be considered and will release the company Innovation Distribution Services from any responsibility towards the consumer.
14-d : Upon receipt of the claim, the company Innovation Distribution Services will assign an exchange number for the product(s) concerned and will communicate it by e-mail or telephone to the consumer. The exchange of a product can only take place after the consumer has been assigned an exchange number according to the procedure outlined above.
14-e : In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the company Innovation Distribution Services in its entirety and in its original packaging, via Colissimo Recommandé, to the following address: IDS – 42 route de mahuit – 44380 Pornichet. To be accepted, any return must be reported in advance to the company Innovation Distribution Services. The shipping costs are borne by the company Innovation Distribution Services, except in cases where it turns out that the returned product does not match the original declaration made by the consumer on the return slip.
Article 15:
Product warranties
According to article 4 of decree n°78-464 of March 24, 1978, the provisions herein cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee them against all consequences of hidden defects in the sold item. The consumer is expressly informed that the company Innovation Distribution Services is not the producer of the products presented within the framework of the website, within the meaning of law n°98-389 of May 19, 1998, and relating to liability for defective products. Consequently, in case of damage caused to a person or property by a product defect, only the responsibility of the producer of the product can be sought by the consumer, based on the information on the packaging of said product. Manufacturer warranty conditions and duration are indicated on the website. Given the frequency of component renewal for technical products, Innovation Distribution Services may, upon request, inform the consumer of the availability of spare parts for the offered products and how to obtain them if necessary.
The general terms and conditions of sale for consumer contracts include in a box the statements that when acting under the legal guarantee of conformity, the consumer:
-benefits from a period of two years from the delivery of the goods to take action ;
-can choose between repair or replacement of the good, subject to the cost conditions provided byArticle L. 211-9consumer code ;
-is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
This same box reminds that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
He finally reminds that the consumer can decide to implement the warranty against hidden defects of the sold item within the meaning ofthe article 1641of the civil code and that in this hypothesis, he can choose between the termination of the sale or a reduction of the sale price in accordance withArticle 1644 of the civil code.
Article 16:
Right of withdrawal
The consumer has a period of 14 working days to return, at their expense, products that do not suit them. This period starts from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday, or a public holiday, it is extended to the next working day. Any return must be reported in advance to the company Innovation Distribution Services, preferably by phone at 02.40.11.77.22Or by email. The product must be returned via Colissimo Recommended to IDS – Port de plaisance – 44380 Pornichet. Only products returned in their entirety, in their original complete and intact packaging, and in perfect resale condition will be accepted. Any product that has been damaged, or whose original packaging has been deteriorated, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, except for return shipping costs. In the event of exercising the right of withdrawal, the consumer can choose to request either a refund of the amounts paid or an exchange of the product. In the case of an exchange, the re-shipment will be at the consumer's expense. In the event of exercising the right of withdrawal, Innovation Distribution Services will make every effort to refund the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, particularly when the product requires technical verification. The consumer will then be refunded by bank check.
In the absence of an amicable agreement, he may resort to conventional mediation or any other alternative dispute resolution method. The Client may in particular refer, free of charge, in accordance with articles L.612-1 and following of the Consumer Code, to the Mediator of the Federation of e-commerce and distance selling (FEVAD), either by means of a form downloadable from the Mediator's website of FEVAD (http://www.mediateurfevad.fr), either by postal mail to the following address: Médiateur du e-commerce de la FEVAD, 60 rue la Boétie – 75008 Paris, and after having read the Charter of e-commerce mediation of the FEVAD. To know the procedures for referral to the Mediator:http://www.mediateurfevad.fr/index.php/espace-consommateur/.
If desired, the Client can also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 17:
Force majeure
Neither party will have failed to meet its contractual obligations to the extent that their execution is delayed, hindered, or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure will be considered any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and which cannot be prevented by them despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within a month, unless impossible due to the force majeure event, to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts longer than three months, the present general conditions may be terminated by the aggrieved party. Explicitly, in addition to those usually recognized by the case law of French courts and tribunals, the following are considered as force majeure or fortuitous events: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to clients.
Article 18:
Partial validation not completed
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.
Article 19 :
No waiver
The fact that one party does not invoke a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 20:
Title
In case of difficulty of interpretation between any of the headings at the top of the clauses and any of the clauses, the headings will be declared nonexistent.
Article 21:
Applicable Law
The present general conditions are subject to French law. This applies to substantive rules as well as formal rules. In case of dispute or claim, the consumer will first contact the company Innovation Distribution Services to obtain an amicable solution. Subsequently, and in case of appeal, the consumer may file a complaint.
Article 22:
Information Technology and Freedoms
The information requested from the consumer is necessary for processing their order and may be communicated to the contractual partners of the company Innovation Distribution Services involved in the execution of this order. The consumer can write to the company Innovation Distribution Services, whose contact details are within the privacy charter on the website, to object to such communication, or to exercise their rights of access, rectification regarding the information concerning them and appearing in the files of the company Innovation Distribution Services, under the conditions provided by the law of January 6, 1978.