general terms and conditions
GENERAL
These general terms and conditions of sale (hereinafter referred to as the "GTCS") define the relationship between DOCTINNOVATION, owner of the Doctibike brand, and its professional and non-professional customers, whether natural persons or legal entities. These relations extend from the placing of the order to the delivery and payment of the goods.
The Doctibike brand is the property of DOCTINNOVATION, a simplified joint stock company with capital of €380.369,32 whose registered office is located at 254 rue Francis de Préssensé 69100 Villeurbanne, registered with the Lyon Trade and Companies Register under number 801 081 282.
Any service provided by DOCTINNOVATION implies the purchaser's full and unreserved acceptance of these general terms and conditions of sale, which supersede and cancel any previous correspondence or offers exchanged by the parties. These conditions take precedence over the purchaser's general terms and conditions of purchase, unless DOCTINNOVATION gives its prior written consent.
DOCTINNOVATION distributes batteries and accessories for electrically assisted bicycles. The photos of electrically assisted bicycles on the website are intended solely to help identify the battery and are in no way intended as a sales proposal.
PRICE
The prices of the goods are those in force on the day the order is taken.
Prices are given in Euros and all orders are payable in Euros. The value of VAT is that applicable in France on the day of payment. For orders delivered outside France, VAT will be deducted (at the rate in force at the time of payment), which will constitute the price excluding tax. Customs duties, miscellaneous duties and any other taxes related to the country of destination are not the responsibility of DOCTINNOVATION.
DOCTINNOVATION reserves the right to modify its prices at any time, however products are invoiced at the price indicated on the day the order is registered, subject to product availability.
ORDERS
Orders may be placed by internet, telephone, post or email.
The order must legibly include the customer's name and address, the products selected, the precise references of the options chosen, the quantities ordered and the delivery address.
In accordance with the provisions of the French Civil Code, the online contract is concluded when the customer clicks on the button to confirm the order after viewing it and having had the opportunity to correct any errors.
The company reserves the right to refuse or cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
An order confirmation will be sent to the customer by email and will include all information relating to the order.
As long as our products appear on the site, our offers and prices remain valid while stocks last. If a product is no longer available, an email is sent to the customer to inform them. The order will be cancelled and the customer will receive a refund by cheque within 7 working days from the date of cancellation.
In the event of partial unavailability (unavailability of one product within an order of several products), the other products in the order will be delivered normally.
SHIPPING
Delivery times are given for information only and failure to meet these times may not give rise to cancellation of the order or a claim for damages.
Products are delivered to the address indicated by the customer. They will be delivered within the times indicated by GLS for batteries, bicycles and spare parts, and by DACHSER for pallets.
If the customer is absent at the time indicated, a re-delivery charge will be invoiced.
Delivery costs are communicated by Doctibike when the order is placed, depending on the weight range and destination.
The Doctibike company undertakes to transport the batteries in suitable packaging with the necessary class 9 labels.
Goods travel at the risk and peril of the recipient whatever the method of payment and the method of transport. It is the customer's responsibility to carry out all necessary checks on receipt of the goods and to express any reservations. It is advisable to notify any reservations on the carrier's delivery slip and to send a copy to Doctibike. The customer has a period of three days from receipt of the order to notify the carrier of any grievances (Article L133-3 of the French Commercial Code). After this period, the goods are deemed to have been delivered in good condition.
PACKING INSTRUCTIONS l BATTERY TRANSPORT - Non-professional purchaser
Batteries are classified as hazardous materials and must therefore be transported with care. After validation of a reconditioning order by the customer, the logistics department will indicate in writing the packaging instructions to be followed for dispatch of the parcel. The transfer of risk and ownership of the goods to Doctinnovation will take place upon receipt of the parcel in its workshops. If the packaging instructions sent to the customer are not followed, the customer may be held liable if any damage is caused. Similarly, the cost of repairing the battery may be invoiced.
If, despite the Customer's compliance with the packaging instructions, damage occurs, DOCTINNOVATION will pay for the repair. A claim will be filed with the insurance company responsible.
PACKING INSTRUCTIONS l BATTERY TRANSPORT - Professional buyer
Batteries are classified as hazardous materials and must therefore be transported with care. When creating a professional account, the customer will receive packaging instructions to be followed for the preparation of parcels for each order.
The transfer of risk and ownership of the goods to Doctinnovation will take place upon receipt of the parcel in its workshops. If the packaging instructions sent to the customer are not followed, the customer may be held liable if any damage is caused. Similarly, the cost of repairing the battery may be invoiced.
If, despite the Customer's compliance with the packaging instructions, damage occurs, DOCTINNOVATION will pay for the repair. A claim will be filed with the insurance company in charge.
RETURNS FOR PROFESSIONALS
Following an error of the customer or in the event of nonconformity of the product, Doctibike accepts the return of the goods within 5 working days as from the date of reception of the order by the customer.
The products being returned must be in new condition and in the original packaging. Packaging and transport costs are at the customer's expense. Only the price of the product purchased will be refunded.
RIGHT OF WITHDRAWAL - Non-professional buyer (online order)
Buying a product on doctibike.com (new or used)
The customer, buyer natural person and non-professional, has a period of fourteen (14) days from the date of receipt of the order to exercise its right of withdrawal from the contract (Articles L.221-18 et seq. of the Consumer Code).
To exercise their right of withdrawal, customers must complete the withdrawal form (downloadable here) and send their request, followed by the completed file, by e-mail to the following address: contact@doctibike.com.
Once your request has been processed by Customer Services, you will receive an e-mail with a returns form for sending back the product(s). You will then have 14 days at the latest to return the product once you have received the returns slip. The item(s) must be returned in their original condition and packaging for the customer to be reimbursed.
In the event of retraction, the amount of the order will be reimbursed, but the cost of returning the item(s) will be borne by the customer. Reimbursement may be deferred until receipt of the product by Doctibike.
Purchase of a service on doctibike.com (diagnosis, repair or reconditioning)
The right of withdrawal may not be exercised for contracts for the supply of services fully performed before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, performance of which has begun with the consumer's prior and express agreement, and with the consumer's acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the professional (article L221-28 of the French Consumer Code).
By purchasing a service (diagnosis, repair or reconditioning) on the online sales site www.doctibike.com, the customer agrees to the immediate performance of this service upon receipt of the product in the DOCTINNOVATION workshop. As the service will be fully executed by DOCTINNOVATION before the end of the legal 14-day withdrawal period, the customer expressly waives his/her right of withdrawal.
PAYMENT
Orders must be paid :
- by cheque: the cheque must be made payable to DOCTINNOVATION and sent to the following address: 254 rue Francis de Pressensé - 69100 Villeurbanne. The customer must also enclose a copy of the order summary.
- by bank transfer: once the order has been validated, an invoice will be sent to the customer giving DOCTINNOVATION's bank details (RIB) in order to finalise the transaction.
- by credit card on the Doctibike website.
Payment is deemed to have been made at the time of collection or payment on the agreed due date.
Payment for non-professional customers is cash.
DOCTINNOVATION also offers its non-professional customers (exclusively) the Alma credit service for the settlement of their purchases and the execution of payment. This is subject to the client's acceptance of the GCU or the credit agreement proposed by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order. Any cancellation of the GTC binding the client and the Doctibike company shall result in the cancellation of the GTC or the credit contract between Alma and the client.
PAYMENT TERMS - Professional buyers
Orders placed by business customers are paid for by cheque, bank transfer or credit card. If the professional customer has opened an account, payment is made by bank transfer.
Payment is made within 10 days net with 2% discount or within 30 days net without discount. These payment terms apply unless specifically agreed otherwise between the seller and the professional customer.
Payment is deemed to have been made at the time of collection or settlement on the agreed due date.
Failure to pay in full or in part on the day following the payment date shown on the invoice shall result in the total amount due becoming payable and the automatic application of late payment penalties.
The interest rate for penalties is equal to the refinancing rate of the European Central Bank in force on 1st January for the first half of the year in question or on 1st July for the second half of the year in question, increased by ten (10) points, without the total interest rate being less than three times the legal interest rate (article L. 441-6 of the French Commercial Code).
The rate of late payment penalties is applied to the amount of the sale including VAT and these penalties are payable without the need for a reminder or formal notice if payment is not made by the due date.
A flat-rate indemnity for collection costs of forty euros (€40) will also be payable in the event of late payment (article D. 441-5 of the French Commercial Code).
LIABILITY
Our products are subject to numerous checks during the manufacturing process and comply with French legislation.
If these products are intended for countries other than France, it is your responsibility to check their conformity.
DOCTINNOVATION may not be held liable in the event of failure to comply with the legislation of the country to which the goods are destined.
GUARANTEE
Conformity guarantee
In accordance with Article L211-4 of the French Consumer Code, the seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity that exists when the goods are delivered. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.
This legal guarantee applies only to consumers, who are natural persons who have acquired the goods outside the context of any professional activity.
Guarantee against hidden defects
The buyer, whether consumer or professional, benefits from the legal guarantee against hidden defects in accordance with article 1641 of the Civil Code. The seller may be held liable if the product purchased has a defect which was not apparent at the time of purchase and which renders it unfit for the use for which it was intended or which reduces its use to such an extent that the buyer would not have purchased it at the purchase price had he been aware of the defect.
In accordance with paragraph 1 of article 1648 of the French Civil Code, any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
Contractual guarantee
Without prejudice to the legal guarantees provided by the Civil Code and the Consumer Code, the consumer or professional purchaser also benefits from a contractual guarantee according to different categories of goods:
- Products assembled in the Doctibike workshops: the applicable warranty is detailed on the warranty card supplied with the product.
- Products distributed by Doctibike: the warranty corresponds to that provided by our suppliers.
- For all orders registered from 1 March 2018, reconditioned (used) batteries are guaranteed for 2 years. For all orders placed before 1 March 2018, reconditioned batteries are guaranteed for 1 year.
Warranty on reconditioned batteries
- Between 0 and 12 months of use: if your capacity is less than 90% of the original capacity -> Under warranty
- Between 12 and 24 months of use: if your capacity is less than 80% of the original capacity -> Under warranty
Motor reconditioning warranty
Following the reconditioning of an engine by Doctibike, spare parts and labour are guaranteed for one (1) year.
Warranty exclusions
Aucune garantie ne s’applique en cas d’accident, d’utilisation non conforme à l’objet et à la destination du produit, de modifications ou réparations non autorisées par l’enseigne Doctibike altérant les fonctionnalités ou capacités du produit. Les pièces d’usure normale ne sont pas couvertes par les garanties.
Warranty returns
When a battery is returned under warranty, the cost of transport and repair of the battery will be paid by Doctibike.
If, after diagnosis, it turns out that the battery is not the cause of the bike breakdown, you may be billed for carriage costs and a flat-rate diagnosis fee.
CUSTOMER SERVICE
For any questions or information, the Doctibike after-sales service is available on +33(0)9.67.04.31.33 from Monday to Friday from 09.00 to 12.00 and from 14.00 to 18.00.
RETENTION OF TITLE
DOCTINNOVATION retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, in the event of non-payment on the due dates and after formal notice has been served but not followed up, DOCTINNOVATION reserves the right to reclaim the goods delivered and to demand the automatic cancellation of the sale.
However, these provisions do not prevent the transfer of risks to the purchaser upon delivery of the products.
FORCE MAJEURE
DOCTINNOVATION may not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to a case of force majeure. In this respect, force majeure is understood to mean any external, unforeseeable and irresistible event, in particular in the event of disruption or strike of postal services and means of transport, embargo, fire, flood, equipment failure or breakdown, natural disaster, riot, etc., for which the Supplier shall not be held responsible.
INTELLECTUAL PROPERTY
All elements of the site doctibike.com, whether software, visual or audio, are protected by copyright, trademarks or patents.
None of the documents from the site doctibike.com may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever and for any purpose whatsoever. A copy of the documents may be downloaded onto a computer for personal, non-commercial use only, provided the information is not modified and all copyright and other proprietary notices are kept intact. Modification of these documents or their use for any other purpose constitutes an infringement of Doctibike's intellectual property rights.
The user who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the home page of the Doctibike.com site, must request prior written authorization from the DOCTINNOVATION company. Under no circumstances will this constitute an implicit affiliation agreement. Any hypertext link to the Doctibike site using the "framing" or "in-line linking" technique is prohibited. Any link must be withdrawn at the request of DOCTINNOVATION.
PERSONAL DATA
In accordance with European Regulation no. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, customers have the right to access, rectify, port, object to and delete their personal data. This right may be exercised by sending an email to the following address: contact@doctibike.com
Customer data is kept confidential by the seller for five years from the date of the last order.
The seller makes every effort to ensure the confidentiality and security of data transmitted over the web.
To find out more about the processing of personal data, read our confidentiality policy.
DISPUTES
Any dispute relating to the interpretation and performance of these general terms and conditions of sale shall be governed by French law. Claims or disputes will always be studied carefully. Failing amicable resolution, the dispute will be settled by the courts of Lyon, which will have exclusive jurisdiction even in the event of third-party proceedings, summary proceedings, incidental claims or multiple defendants.
INDEPENDENCE
The fact that a clause or provision of these General Terms and Conditions of Sale is declared null and void or inapplicable shall in no way affect the validity of the other clauses, which shall remain fully valid and applicable.
CONSUMER MEDIATION SERVICE
Amicable settlement of disputes between the Professional and the Consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.
In the event of an unresolved dispute between the Professional and the Consumer, the Consumer may refer the matter to the Consumer Mediator.
Before referring the matter to the Consumer Mediator, the consumer must already have attempted to resolve his dispute directly with the Professional by means of a written complaint or have made a complaint under the terms of the contract concluded with the Professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, consumer mediation will take place in accordance with a specific process and the texts in force.
The procedure is free of charge for the consumer (R612-1 of the Consumer Code).
To contact the consumer mediator:
If no agreement is reached with the professional following a complaint,
Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code (Conditions of admissibility). Free procedure for the consumer.
The Consumer Ombudsman is neutral, independent and impartial. The mediator is not part of the company with which the consumer has a dispute.
MEDIATION - LET'S LIVE BETTER TOGETHER
- www.mediation-vivons-mieux-ensemble.fr
- 465 avenue de la Libération 54 000 NANCY
- mediation@vivons-mieux-ensemble.fr
Please note :
- Never send the original documents requested to the consumer ombudsman. Please send photocopies.
- Never send defective or disputed items or items for reimbursement to the Consumer Ombudsman.
- Please state your telephone number and e-mail address
- Please do not send emails for information purposes
- E-mails sent for information purposes (other than a referral) will not be processed.
European platform for online dispute resolution :
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
BRAND
Doctibike and Doctinnovation are registered trademarks. All other brands and product names mentioned on our website are also registered trademarks of their own manufacturers and are therefore subject to the relevant legal provisions.