1. COMPANY DETAILS
MOMENTUM ELECTRIC FRANCE
Simplified joint-stock company (SAS) with 20,000-euro capital
Head office: 68 rue du Vertbois, 75003 PARIS
Showroom: 64 rue du d'Alesia, 75014 PARIS
82374174900019 R.C.S PARIS
MOMENTUM ELECTRIC FRANCE
The general terms hereunder aim in the first place at bringing you all the necessary legal information regarding the terms and conditions framework in which the company MOMENTUM-ELECTRIC FRANCE offers for sale the items showcased on its website www.momentumelectric.com and offers to contract. In the second place, they aim at presenting the rights and obligations of each party, which apply without restrictions nor reservations to the selling of any item displayed on this very same website by the company MOMENTUM-ELECTRIC FRANCE. The company MOMENTUM-ELECTRIC FRANCE reserves the legal right to modify those general terms at any moment. Modifications will be enforceable to the site’s users from the moment they are published online but will not apply to ulterior transactions.
The present general terms of sale apply to any buyer who fulfills the conditions of this article. The items on the website www.momentumelectric.com are only offered for sale to the buyers acting as consumers who are located in the following territories: Metropolitan France, Corsica, overseas territories, as well as in European Union member-states. Before placing an order, the buyer declares being in their full legal capacity to pass valid contracts and to pledge themselves to abide by the present terms of sale.
The purchase of items offered by the company MOMENTUM-ELECTRIC FRANCE is exclusively performed on the website “www.momentumelectric.com”.
5.1 Availability – Item features
Pursuant to French Consumption Code article L 111-1, the buyer may, before placing their order, learn on the website www.momentumelectric.com about the main features of one or several items they consider ordering. As part of an order with 48-hour delivery, the item’s instant availability is guaranteed at the moment the order is placed on the website www.momentumelectric.com. When the buyer makes a pre-order purchase, the items will be delivered in a 3-month period. For more information, read section 7.2.
5.2. Selection of items
The buyer must take note of the items sold by www.momentumelectric.com and of their features, under their own responsibility and in accordance with their needs, so as to choose one or several items to order. Moreover, since the buyer is the only person who knows what equipments, configurations and other elements they use, they are the only judge for the compatibility of the items ordered with those they already use.
5.3. Formation of the contract - Acceptance of the present terms of sale
Among the different bikes and accessories offered on the website www.momentumelectric.com, the buyer selects one or several items they wish to order. To do so, they must click the "Add to basket" icon, so as to add the item to their basket. The buyer then clicks "Finalise my order" to proceed with their order. Doing so will then let them select their payment method. The buyer must also create a customer account by filling in all the information necessary for their order to be processed, and by following the required steps on the website. The buyer then proceeds to one last item checkout before submitting payment. Any order of an item offered for sale on the website means the buyer fully accepts those general terms of sale. The buyer’s order is confirmed by the website www.momentumelectric.com. The buyer is advised to keep a record of this confirmation.
6.1. Applicable price
The sale prices that read on the website www.momentumelectric.com are those that apply to the buyer’s order. They are presented in euros with all taxes included. If a price seems to be blatantly wrong and not to clearly represent the item’s actual price, the company MOMENTUM-ELECTRIC FRANCE will let the buyer know the price that really applies to the item. If the amended price is higher than the displayed price, the buyer will have the choice between: canceling their order or keeping it. If the amended price is lower than the wrong price, the company will instantly apply the new price. Prices include Europe-wide shipping costs. The prices displayed on the website www.momentumelectric.com include the Value-added Tax (VAT) that applies on the day the order is placed. In case the applicable rate is modified, it will be automatically effective on the price of items offered for sale on the website www.momentumelectric.com. The company MOMENTUM-ELECTRIC FRANCE reserves the right to change at any moment the price of the items displayed on the website www.momentumelectric.com. The new prices will immediately apply to any order placed subsequently to the modification but will not impact prior orders.
6.2 Price payment
The price is to be payed outright, in its entirety on the day the buyer places their order. Any partial payment that would not correspond to the amount of the price displayed on the website will lead to the order’s rightful cancellation. The order’s total sum will be banked by www.momentumelectric.com when the order is validated. All orders are payable in euros. The buyer can use different payment methods to settle their order. Those methods are detailed on the website at the checkout step: bank transfer, PayPal, cheque, debit card (Mastercard, Visa, Carte Bleue, American Express). The buyer guarantees www.momentumelectric.com they have the authorisation to pay with the selected method, in case it is necessary. www.momentumelectric.com reserves the right to put on hold or cancel any order placed on the website at whatever step, in case the price is not paid in whole or in part. In case of fraud suspicion, www.momentumelectric.com reserves the right to demand a proof of identity from the buyer, to ask for the possibility of carrying out verification, and / or to enforce a transfer payment, providing these conditions are met. The website www.momentumelectric.com provides for the possibility to buy bikes as part of a pre-order, which will make the buyer benefit from an exceptional discount on the item’s regular price. When the buyer decides to buy their product as part of a pre-order, the price must be paid in full on the day of order. The pre-ordered items are paid in full when the order is placed and delivered within a three-month period, and will neither be returned nor exchanged.
7. DELIVERY AND RECEIPT
7.1 General rules
The ordered items will be delivered at the address filled in by the buyer on the day they place their order on the website www.momentumelectric.com. www.momentumelectric.com offers home delivery to its customers. The buyer may find and read their invoice at any time on their customer account. No complaint will be accepted in case the stated procedures are not respected.
7.2. Delivery time
The deadline for delivery is represented by the time of dispatch, as well as the time of haulage. When an order has been approved and confirmed, its items are shipped within a 24-hour period after the price has been duly banked. After the order is dispatched, delivery time is about 48 to 72 hours. The carrier in charge of delivering orders is GEODIS, which will send you a text message once the item is shipped in order to confirm the day of delivery.
Should the delivery time not be respected, the buyer will be able to choose between:
• Keeping with their order
• Requesting a sale resolution (in accordance with French Consumption Code article L. 114-1, paragraphs 2 and 3).
We advise the buyer not to accept a damaged or opened parcel. If they wish, they may assess the parcel’s content with the delivery person before signing the receipt form.
In case of suspicion, it is preferable to refuse the parcel and to signal the incident as soon as possible to www.momentumelectric.com, specifying parcel and bike damage.
7.4 Conformity or quality issues
Should the delivered item not correspond to the order (damaged, wrong item), the buyer must submit their complaint as soon as possible:
• By phone (01 81 69 77 60)
• By e-mail (firstname.lastname@example.org)
Complaints must include the buyer’s contact details, the reasons and supporting documents for the complaint, and the item’s references. The website www.momentumelectric.com reserves the right to ask for necessary photographs and explanations from the buyer, in order to process the request as soon as possible. In case of a justified complaint, you are attributed a return number and a form to paste on the cardboard box. The product must be returned in its original state and packaging, together with the invoice, the charger, the battery, the two keys, the pedals and the manual. Should elements be missing, the website reserves the right to express reservations with regards to the complaint. Should the aforementioned procedure fail to be respected, the buyer will not be able to express any request regarding the item’s visible defect or non-conformity. If the buyer does not respect this procedure, the delivered items are then considered conform and exempt of any visible defect.
8. WITHDRAWAL RIGHT
The buyer’s period of withdrawal from the purchase of items displayed for sale on the website www.momentumelectric.com is 50 days in all Europe. The returned item(s) must be sent back in their original cardboard box, together with the invoice, the charger, the battery, the two keys, the pedals, the manual in case of a bike. Otherwise, the company MOMENTUM-ELECTRIC FRANCE reserves the right not to refund the price in its entirety and to cut the part that corresponds to the damage caused to the item.
In case the buyer resorts to their withdrawal right, they may choose between:
• A bank transfer
• A cash refund, by recrediting the banking card that served for the purchase.
Refund periods are 30 days.
No return of an item purchased through pre-order will be accepted. Pre-order purchases are not subjected to the present article.
In compliance with applicable regulations, the items sold on the website www.momentumelectric.com benefit from:
• The legal conformity warranty,
• The legal warranty against hidden defects originating from a material, design or production defect, affecting the delivered items and making them unsuitable for use,
• The Maker’s warranty, depending on the items and brands concerned.
Each of the mentioned warranties is excluded in case of force majeure, improper use, accident, neglect, natural wear of the item, or improper maintenance by the buyer.
The seller’s warranty consists in replacing or refunding the items with a flaw or with a defect that makes them unsuitable for use.
Refund periods are 30 days.
The following are also excluded from the scope of application of the warranties:
• Replacement of consumables;
• Defects and their consequences originating in an improper use of the product instead of the normal intended use;
• Damages specifically mentioned in the product sheets;
• Defects and consequences occurring during use by the buyer or a third party.
MOMENTUM ELECTRIC FRANCE commits itself to guarantee your bike’s framework for 5 years and its electric parts (battery, DISPLAY engine) for 2 years. In case the warranty note is missing at product delivery, the buyer will be able to simply request it at www.momentumelectric.com. The company MOMENTUM ELECTRIC FRANCE will have the choice between repairing or replacing the item under warranty. In vertue of hidden defects that might affect the delivered items, the maker’s warranty only applies to replace defective items or the pieces that make them unsuitable for use.
10. RIGHT OF RETURN: SATISFIED OR YOUR MONEY BACK
The company MOMENTUM-ELECTRIC FRANCE commits itself to refund you if your order does not entirely satisfy you for any reason. You have a 50-day period after you receive your order to ask for a refund of your unsatisfactory bike(s), except accessories or spare parts. The refund periods are 30 days. In case a buyer wishes to return an item, they will have to submit their request to MOMENTUM ELECTRIC FRANCE’s customer service or on their customer space. The buyer will have to send an e-mail to the following address: email@example.com. They will have to specify their contact details (surname, name, phone number, e-mail address), the date of purchase, the reason for the return, and attach the invoice. The returned items must be in a natural state of wear, and in their original packaging. Returns must include the invoice, the charger, the battery, the two keys, the pedals and the manual. Otherwise, the company MOMENTUM ELECTRIC FRANCE reserves the right to cut the amount corresponding to the damages incurred by the product. Any return request submitted through another means than by e-mail will not be considered.
The return address is:
MOMENTUM ELECTRIC FRANCE
64 rue d’Alésia
In case items damaged by the user are returned, the company MOMENTUM ELECTRIC FRANCE reserves the right to cut the amount corresponding to the damages incurred by the product from the return amount.
Our after-sales service reserves the right to refuse a return. In this case, articles are sent back to the customer, who may not demand any compensation or refund right.
The company MOMENTUM-ELECTRIC FRANCE reserves the right not to proceed to a full refund in case of product damage.
MOMENTUM will not be held responsible for the loss or the deterioration of returned parcels.
If you are dissatisfied with the bike, MOMENTUM ELECTRIC FRANCE offers a free swap, in the limit of one single exchange.
The return is free ans is borne by the company.
No return will be accepted without the original cardboard box.
If the cardboard box is no longer in your possession, you still have the possibility to order one from Momentum Electric at the following e-mail address: firstname.lastname@example.org
No return will be accepted for an item purchased as part of a special offer or of a pre-order.
The company MOMENTUM-ELECTRIC FRANCE is committed to refund your accessories and spare parts in case you are not fully satisfied with your order for any reason. You have a 14-day period after you receive your order to ask for a refund of the unsatisfactory item(s), with the exception of the bike.
The items offered by www.momentumelectric.com comply with the applicable French regulations.
www.momentumelectric.com will not be held liable for not enacting the contract in case of force majeure or of the client’s fault. The website www.momentumelectric.fr also contains information from third parties, and links to other websites.
Information from other persons and links to other sites are present on the website www.momentumelectric.com. The website www.momentumelectric.com will not be held liable for damages originating in the use or impossibility to access or use said websites.
12. INTELLECTUAL PROPERTY
Any copy, in whole or in part, or these contents is strictly forbidden and may constitute a counterfeiting offence.
13. PARTIAL NULLITY
If one or several of the stipulations of the general terms are declared invalid by a competent jurisdiction pursuant to a law or bye-law, the remainder of the stipulations keep their force and scope.
14. NON WAIVER
Should a party not take action against its co-contractor regarding a breach of any of its obligations as set out in the general terms of sale, this will not mean the other party no longer has to perform the obligation in question.
15. APPLICABLE LAW
The sales of the company www.momentumelectric.com’s products are governed by the French law.
16. DATA PROTECTION
The personal data demanded from the buyer is necessary for their request to be processed, in virtue of the law 78-17 of the 6th of January, 1978.
The buyer has the right to amend, correct and access at any time the information about themselves.
The information gathered by www.momentumelectric.com at the moment every consumer places an order is necessary for their order to be processed. www.momentumelectric.com will be able to transfer all or part of the information to its commercial partners. Such transfer is subject to the customer’s approval. The customer can check the purpose of using the collected data and may ask that it be deleted when the commercial relation ends.
The information may also be handed over to persons legally accredited to fight fraud.
For the buyers living in France only, a 2-year theft and damage insurance by Allianz is offered for any purchase of an electric bike.
To activate this insurance, the buyer must absolutely register on the website Paravol.org.
It is imperative that the electric bike be protected with an anti-theft device that complies with the requirements of the Allianz insurance. Those restrictions are specified in the insurance note, which is sent by e-mail to every new buyer.
To be covered by this insurance in case of theft or damage, the buyer must have imperatively removed the battery from their electric bike before parking it.
MOMENTUM ELECTRIC reserves the right not to refund the buyer if the required conditions are not met.