Our general conditions of sale

GENERAL STATEMENT

These general conditions of sales (named GCS) define the relationship between the seller Doctibike and its customers, private individuals or professionnals. This relationship goes on from the order to the product delivery.

The seller Doctibike is owned by Doctinnovation, simplified stock company, of a 235 555 € capital which headquarters are located at :

BEL AIR CAMP, 11 Avenue du Bel Air 69100 Villeurbanne, Registered at the RCS of Lyon under the number 801 081 282.

Any service, sale or benefit provided by the company DOCTINNOVATION equals total and unconditional and full acceptance of these general conditions of sales which replace any former exchange or offer between the stakeholders. This conditions take over any customer general conditions of buying unless prior and written agreement from DOCTINNOVATION. 

 

PRICE

The prices that are taken into account are the ones effective the day of order.

Prices are given in Euros including VAT. The VAT is relevant in France on the day of paiement.

For sales from and to other countries, the VAT will be deduced (at the rate applicable when the paiement is made) which will constitute a VAT excluded price. All custom fares and diverse fares or taxes of the destination country are not the responsibility of Doctinnovation.

Doctinnovation reserves the right to change its prices at any time. However, the products are billed according to the prices indicated when making the order under reserve of product availability.

 

ORDERS

The orders can be made through mail, email or over the phone.

The order will stipulate in a readable manner, the name and adress of the customer, the selected products, the precise information on the selected options, the quantities ordered, the delivery adress and time.

 

According to the civil right code, the online contract is set when the client clicks on the confirmation button after pre-visualising the order with the possibility to modify potential errors.

The seller has the right to refuse or cancel any order from a client with whom they’re would be a pre-existing paiement dispute.

A confirmation email will be sent to the customer with all the order details.

As long as our products are on the website, our offer and price are valid.

When a product is no longer available (sold in the mean time), you will be warned by mail or email and your order will be cancelled. You will receive a refund within 7 days after the order cancellation.

In case of incomplete availability, you will receive all the items available in the usual conditions.

 

DELIVERY

The delivery times are given as a indication and cannot be a reason to cancell the order or for a claim of damages.

Products are delivered at the indicated adress and at the time given by Colissimo for common products, GLS for batteries, bikes and spare parts and by DACHSER for paletts deliveries.

In case of client no show at the scheduled time of delivery, the second delivery costs will be billed.

Le costs of delivery are provided by Doctibike when ordering by weight categories and destination.

Doctibikes commits to send batteries in adequate packages with class 9 labels that are necessary.

Products are transported at the client’s own risk whatever the paiement and transportation mode. It is the client responsibility to make the neccessary checks when receiving the products and to set reserves when needed.

It is advised to indicate on the carrier delivery form the reserve and send a copy to the seller Doctibike.

3 days after the delivery, the package is deemed to be delivered in a good state. The carrier cannot accept any reserve about the package (article L133-3 sales right code)

 

VAD RETURNS for PROFESSIONNALS

When a customer has made a mistake or in case of product non conformity, the seller Doctibike accepts the return of the goods within 5 working days after the date of the order reception by the client.

The returned products must be unused and in their original package. The packaging and transport costs are at the customer’s charge. Only the cost of the products will be refunded.

 

WITHDRAWAL RIGHT – For non professional customers (online orders)

The buyer, individual, non professional, benefits 14 days from the product reception to demand and apply its withdrawal rights from the contract. (L.221-18 and following articles from the consumption right code).

 To assert its rights the customer fills the withdrawal form (here). The customer is asked to send back the product(s) to DOCTINNOVATION – Bel air camp, 11 Avenue du Bel Air 69100 Villeurbanne 14 jours days at most after communicating its decision the withdraw.

The good(s) is/are to be send in its/their original packaging and unused so it can be refunded.

In case of withdrawal, the order amount is refunded but the transportation cost back to the seller is at the charge of the customer. The refund can be delayed until the product(s) is/are received by the seller Doctibike.

 

PAIEMENT

The paiement are possible through :

-       bank check : the check is to be made at the benefit of  DOCTINNOVATION and sent to the following adress : BEL AIR CAMP, 11 Avenue du Bel Air 69100 Villeurbanne. The customer must join to the check the order summary.

-       bank transfer : after order validation, a bill is sent to the customers and stipulates DOCTINNOVATION bank details to finalise the transaction.

-       bank credit card on the website Doctibike.

The paiement is deemed to be made at the time it is cashed or at at the agreed deadline.

The paiement for individual must be at once.

 

PAIEMENT CONDITION – Professional buyer

The order paiement must be through bank check, transfer or credit card. When the professional is going through an account opening, the paiement must be done by bank transfer.

The paiement is to be made within 10 days  with a 2% discount and within 30 days with no discount. This deadlines are valid unless any other agreement between the seller and the buyer.

The paiement is deemed to be made at the time it is cashed or at at the agreed deadline.

In case of full or partial failure of paiement, the paiement date stipulated on the bill opens the right to demand full paiement of the bill and the application of delayed paiement penalties.

The penalty right equals the refinancing rate of European Central Bank applicable on the first of January forthe fist semester of the ongoing year or the fist of July for the second semester of the ongoing year raised by ten (10) points, the total rate cannot be below 3 times the legal interest rate. (L. 441-6 artical of the Trade right code).

The penalty rate, is calculated on the basis of the VAT included amount. This penaltie are due without a reminder or a formal notice necessary.

A forfait amount of 40€ for paiement recovery will be also required in case of late paiement. 

RESPONSABILITY

Our products are minutely controlled during their manufacturing process and comply to the french legislation.

If these products are to be sent to other countries than France, this is your responsability to check their conformity.

Doctinnovation responsability could not be engaged in case the products do not comply the destination country legislation

 

GUARRANTY

Conformity guarranty

According to L211-4 article of the consumption right code, the seller is required to deliver a compliant product to the contract and must respond the existing conformity issues when delivering the product.  The seller is responsible for conformity problems resulting wrong packaging, building instructions or installation when it has been put to the seller’s charge by the contract or made under its responsability.

Only consumers, having purchased the good out of all professional activity can benefit this legal waranty.

 

Hidden defects guarranty

The buyer, individual or professionnal, benefits a legal guarranty for hidden defects according to 1641 article of the Civil right code. The responsibility of the seller can be engaged when the product bought has a hidden defect at the time of the buying which makes it unusable or diminishes its use (in a way the customer would not have bough it if he had knowledge of the defect) in the purpose it is made for.

According to the paragraph 1 of the 1648 article of the Civil right code, the action resulting of the crippling defects must be intended within 2 years after the defect discovery.

 

Contractual guarranty

With no prejudice of the legal guarranties intended by the civil right code and the consumption right code, the consumer buyer or professional benefits a contractual guarranty as well according to the different kind of goods :

-       Assembled in Doctibike’s workshop : the relevant guarranty is the one indicated and details in the warranty form provided with the product.

-       Products distributed by Doctibike : The relevant warranty is the one intended by the supplier.

-       Reconditione batteries (second hand) are under a 2 year warranty

 

Excluded guarranties

No guarranty applies in case of accident, improper use of the product (of the object or in terms of destination), unauthorised repairs by the seller Doctibike that alter the function or capacites of the product. Pieces made to wear out are not covered by the warranty.

 

After sales service

For any question, Doctibike After Sales service is available at +33 (0)9.67.04.31.33 from Monday to Friday from 9am to 12am and from 2pm to 6pm.

 

PROPRIETY RESERVES

The company DOCTINNOVATION keeps the propriety of the products until their paiement is complete. In that matter, in case of failure of paiement within the scheduled deadline and after formal notice with no consequence, the company  DOCTINNOVATION can claim the right to demand the delivered goods and in full rights ask for the sale’s resolution.

These dispositions are however not an impediment to the transfert of risks to the buyer at the time of the products delivery.

 

FORCE MAJEURE

The responsibility of the company DOCTINNOVATION cannot be engaged when a non execution of its obligations described in the general conditions of sales results a force majeure situation. In that matter, the force majeur situation is defined as : an external event, unpredictable and compelling. It can be perturbations or strikes of the postal or transport services, embargo, fire, floods, equipment failure or breakdown, natural disaster, riot..

 

INTELLECTUAL PROPRIETY

All elements of the doctibike.com, weither it is softwares, visuals  or sounds, protected by author right, brand or patents are protected by the author, brand and patent rights.

No document from the doctibike.com website can be coppied, reproduced, republished, downloaded, posted, transfered or distributed in any way and any purpose.

A copy of the documents can be made on a computer for personnal use and not for commercial purposes in case the informations are kept intact and that the copyright informations remain.

The modification of these documents or their use in a other purpose than intended is an offense to the intellecutual propriety right of Doctibike.

The user that owns a website for a personal purpose and wants to place for personal use a simple link directed to Doctibike.com, must ask authorisation to DOCTINNOVATION by sending a written demand. This would not constitute an implicite agreement of affiliation.

Any link to Doctibike’s website and using the «framing» or «in-line linking» is forbidden. Any link will have to be removed at simple demand from the DOCTINNOVATION company.

 

PERSONAL INFORMATION  

According to the European Regulation n°2016/679 of the 27 avril 2016 concerning the protection of the physical data towards the treatment of the personal informations and to the free transfer of these data, the customer has a right to access, modify, the right of portability and opposition and to delete its personnal data.  Customers can claim this right by sending an email to : contact@doctibike.com

The data are kept confidentially by the seller during 5 years from the last order.

The seller implements all means to ensure the confidentiality and security of data transmitted on the web.

To know more about how your information is taken care of, click here. 

 


DISPUTE

Any dispute concerning the interpretation or the execution of these general conditions of sales are subject to the French Law.

All claims are always treated and analysed with care.

If the efforts of both stakeholders are not enough, only the courts of Lyon are competent.

 

Any claims or dissent are analysed carefully.

If no settlement is found between the stakeholders, the dispute will be taken to the courts of Lyon to which it is attributed the exclusive competence even in the event of call in warranty, summary, incidental claims or plurality of defendants.

 

INDEPENDANCE

In case a clause of these general conditiuons is declared void or non applicable, does not affect the validity of the other clauses that remain fully valid and applicable.