General conditions of sale of products sold on directhoverboard.com
Article 1: object
These conditions govern the sales by the company DirectHoverboard of a technical product (Gyropode - Electric Skateboard).
Article 2 - Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
When ordering to a country other than mainland France, you are the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the company DirectHoverboard . They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to find out about these aspects from your local authorities.
All orders regardless of their origin are payable in euros.
Directhoverboard.com reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.
The products remain the property of the company DirectHoverboard until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
You can order:
Detail the methods chosen, for example:
On the Internet: Directhoverboard.com
The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.
The company DirectHoverboard reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 4 - Validation of your order
Any order appearing on the Directhoverboard.com website implies acceptance of these General Conditions. Any order confirmation entails your full and complete acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the confirmation recorded will constitute proof of the transaction.
You declare that you are fully aware of it.
The order confirmation will be worth signature and acceptance of the operations carried out.
A summary of your order information and these General Conditions will be sent to you in PDF format via the email address confirming your order.
Article 5 - Payment
The fact of validating your order implies for you the obligation to pay the indicated price.
Payment for your purchases is made by credit card using the secure PayPal or Hipay system.
The debit of the card is made only at the time of dispatch of the order. In the event of split deliveries, only the products dispatched are debited.
Article 6 - Withdrawal
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
Return costs are your responsibility.
In case of exercise of the right of withdrawal, Directhoverboard.com will reimburse the amounts paid, within 14 days of the notification of your request and via the same means of payment as that used when ordering.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The provision of services fully executed before the end of the withdrawal period and whose execution started after the express prior agreement of the consumer and express waiver of his right of withdrawal.
The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
The supply of goods made to the consumer's specifications or clearly personalized.
The supply of goods likely to deteriorate or expire quickly.
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
Transactions concluded during a public auction.
The supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal.
Article 7- Availability
Our products are offered as long as they are visible on the Directhoverboard.com site and while stocks last. For non-stocked products, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, we will notify you by email. Your order will be automatically canceled and no bank debit will be made.
In addition, the Directhoverboard.com website is not intended to sell its products in large quantities. Therefore Directhoverboard.com reserves the right to refuse orders for 20 identical items.
Article 8 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the validation page of the order.
In case of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time which has been indicated to you.
In accordance with legal provisions, in the event of late delivery, you have the possibility of canceling the order under the terms and conditions defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will reimburse it and transport costs under the conditions of article L 138-3 of the Consumer Code.
In the event of deliveries by a carrier, Directhoverboard.com cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several proposals for meetings.
Article 9: Guarantees / After-sales service
A- Legal warranty and warranty against hidden defects:
Regardless of any commercial warranty that may be granted to the buyer, Directhoverboard.com remains liable for any lack of conformity of the goods sold in accordance with articles L211-4 to L211-13 of the Consumer Code French, partly reproduced below. Directhoverboard.com also remains bound by the legal guarantee for hidden defects under the conditions set out in articles 1641 to 1648 of the Civil Code, as well as in article 2232 of the same code, partly reproduced below.
"Legal guarantee of conformity" (extract from the Consumer Code)
Art. L. 211-4. “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility ”.
Art. L. 211-12. "The action resulting from the lack of conformity lapses two years after delivery of the goods".
Art.211-5 "To be in conformity with the contract, the good must:
1. Be suitable for the use usually expected of a similar good and, if necessary: -
correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, especially in advertising or labeling.
2. Have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
"Guarantee of hidden defects" (extract from the Civil Code)
-Art. 1641. "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer would not have acquired it, or would have given them a lesser price, if he had known them ”.
-Art. 1648 - paragraph 1. "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect". (article L.211-11)
Without prejudice to the arrangements to be made or disputes with the carrier, complaints about apparent defects or non-conformity of the delivered goods with respect to the products ordered or the packing lists must be made by writing to Directhoverboard.com within eight days of receiving the products.
B- Procedures for exercising after-sales service guarantees
If the purchaser's product turns out to be non-compliant, he makes a service request to DirectHoverboard .
To make a return, the buyer can contact DirectHoverboard by phone. He must then print, complete and send the standard after-sales service form available here and on his customer account (In all cases, the after-sales service document must include at least the names and first names of the buyer, his order number. as well as the description of the problem and the circumstances in which the damage occurred).
Shipping costs will be paid under the conditions provided by law, whatever solution he chooses. It is already specified here that all shipping costs of the product, linked to a return occurring under a commercial guarantee, will be the exclusive responsibility of the purchaser.
After the product has been processed by DirectHoverboard , which will check in particular whether the product can benefit from the legal or commercial guarantee, the product will be exchanged or the product reimbursed.
If the product is not repairable and cannot be exchanged for an identical or equivalent product, it will be refunded in the form of a refund. In all cases DirectHoverboard will offer the most suitable solution (replacement of the defective part, replacement of the article or refund).
In the event of an abnormal or abusive return, this return will be considered as non-compliant return and treated as such. Similarly, all products returned without invoices will be systematically treated as non-compliant return. It is recalled that the purchaser is free to choose the method of sending his product and to take out or not insurance in the event of loss, theft or destruction of his package. Directhoverboard.com does not assume any of these costs and cannot be held responsible for the non-receipt of the package from the purchaser. Finally, the purchaser is responsible for the method of packaging his product, which must be carried out in such a way that the product can travel without risk of breakage or damage.
C- Spare parts
In the event of wear and tear, the parts mentioned below may be changed within 1 year from the date of purchase of the product.
Only these parts can be changed if necessary.
Article 10 - Liability
The products offered comply with current French legislation. Directhoverboard.com cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services that you plan to order.
Furthermore, Directhoverboard.com cannot be held liable for damage resulting from the improper use of the product purchased.
Finally, Directhoverboard.com cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an outside intrusion or the presence of computer viruses.
Article 11 - Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Article 12 - Intellectual property
All elements of the Directhoverboard.com site are and remain the intellectual and exclusive property of Directhoverboard.com. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio. Any simple link or hypertext is strictly prohibited without the express written agreement of Directhoverboard.com.
Article 13 - Personal data
Directhoverboard.com reserves the right to collect personal information and personal data concerning you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send to you.
They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.
Article 14 - Proof Archiving
Directhoverboard.com will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of Directhoverboard.com will be considered by all the parties concerned as proof of communications, orders, payments and transactions between the parties.