CGV & CGSAV
GENERAL CONDITIONS OF SALE IXIT BEEPER EQWAD
1 • All our sales are considered to be made in GLEIZÉ (FRANCE - 69). Sales are labeled indifferently to the names and brands of IXIT, BEEPER, EQWAD.
2 • Delivery times are given for information purposes only. In the event of late delivery, the buyer cannot refuse to take delivery, nor claim penalties or damages.
3 • The goods always travel at the buyer's risk, to whom it is up to, in the event of damage or shortage, to make all necessary observations on the discharge document and to confirm his justified reservations by REGISTERED LETTER to the carrier within THREE DAYS following receipt (Article 105 of the French Commercial Code). Failure to comply with the above rules prevents any action against the carrier. PLEASE NOTE: oral reservations or by ordinary letter, the mention "Subject to control" affixed to the discharge document, have no legal value.
4 • Complaints concerning the quality of the goods, excluding any transport dispute, must be made by registered letter from the date of delivery, within 8 days when it is an apparent defect and within one month when it is a defect not apparent at first glance. Under no circumstances can such a complaint justify non-payment by the buyer. In all cases, the seller must be able to verify the condition of the goods himself and without delay.
5 • All orders are considered firm and final and cannot be cancelled by the buyer. In the event of forced cancellation, the minimum penalty is equal to the amount of the order. Any provisional order is non-cancellable, a single and unique postponement of the delivery date of a maximum period of 60 days from the initial provisional delivery date is tolerated, this tolerance is only valid in the expired calendar year (no postponement of delivery from one year to the next).
6 • In metropolitan France only, for any shipment with a value of less than 600 Euros excluding VAT (six hundred) and for a total weight of less than 30 kilograms, a flat rate for postage and packaging of 17 Euros excluding VAT (seventeen euros) will be invoiced to the buyer. Above 600 Euros excluding VAT (six hundred) and for a total weight of less than 30 kilograms, free postage will be applied (postage offered to the customer). For islands, DOM TOM, any foreign country, and for any shipment exceeding 30 kilos in metropolitan France, postage will be exclusively the responsibility of the buyer.
7 • During the course of a contract, we may require any payment guarantee deemed necessary. Any sum paid as a guarantee is considered a deposit.
8 • Our invoices are payable in GLEIZÉ, FRANCE 69. The payment terms for mainland France are: First order (or order outside mainland France): Payment before departure (credit card, bank transfer) or by magnetic draft (LCR) at sight Subsequent orders (mainland France only): After acceptance of account opening by the financial department, payment by magnetic draft (LCR) at 10 days if order less than 6 pieces or at 30 days if order more than 6 pieces. /!\ The payment method by check is not accepted. For the islands, the DOM TOM or any country outside mainland France, the payment terms are exclusively before departure of the goods by transfer. The payment method by bank card is only authorized by an account established in mainland France. No discount is granted for early payment. In the event of late payment, and taking into account the obligations set out in the law of 4 August 2008 No. 2008-776, the buyer will automatically be liable for a penalty calculated by applying 3 times the legal interest rate to the amounts due. In the event of non-payment on the due date, IXIT reserves the right to immediately settle the amounts due by any necessary means and the buyer accepts the debit by Carte Bleue without any other prior agreement.
9 • An unpaid LCR generating banking service fees will be immediately re-invoiced to the debtor for a fixed value of 35 Euros excluding VAT (thirty-five) as Banking fees and services on unpaid debt. In the event of recovery through a debt collection agency or by legal means, the total amount of the unpaid debt is increased by 20% (twenty percent) for litigation costs.
10 • NEW products are guaranteed against any material or manufacturing defect for a period of 24 to 36 months depending on the product range from the invoice date of the product (excluding batteries). Under this guarantee, the sole obligation of the seller will be the free replacement or repair of the product or the element recognized as defective by its services. Any product called upon to benefit from the guarantee must in fact be, in advance, submitted to the after-sales service of the seller whose agreement is essential for any replacement. The guarantee is only applicable according to our general conditions of after-sales service downloadable on the website of our respective brands. Any shipping costs are the responsibility of the buyer. An extension of warranty and services is available under the trade name G2+ to be discovered on our website. Products resold second-hand are usually not guaranteed.
11 • The buyer, by accepting these general terms and conditions of sale, IXIT BEEPER unconditionally authorizes IXIT BEEPER to use its photos as well as its logo or any visual support for the needs of its communication. This authorization is valid for the duration of the contract, the buyer hereby waives any right to pursue IXIT BEEPER for the use of its image.
12 • In the event of an annual framework contract stipulating back discounts (rebates, end-of-year discounts, rebates) according to the turnover achieved or budgets and cash contributions, all sums paid or owed are only valid if the contract comes to an end without stopping the marketing of the products supplied by IXIT. In the event of non- compliance with the continuity of distribution until the end of the framework contract, any sum paid or deducted must be returned to IXIT.
13 • Any reduction, discount, rebate, re-invoicing not expressly indicated on the invoice issued by IXIT is the subject of a credit note issued by IXIT. Any amount collected on IXIT's bank accounts without any restriction of origin or reason will be the subject of a credit note. Any credit note issued by IXIT is non-refundable and must be offset against future invoices. IXIT authorizes the offsetting of credit notes issued exclusively by IXIT on future payments by the customer. Any non-refundable credit note is valid for a maximum of one year from its issue date.
14 • The goods sold are not returned under any circumstances without the express agreement of IXIT in the form of a return slip validated by the IXIT technical department. Any return accepted by the seller results in the creation of a credit note for the benefit of the buyer, after qualitative and quantitative verification of the returned products. This credit note must be offset against future invoices and can never be the subject of a direct refund. A minimum, non-negotiable flat-rate deduction of 35% (thirty-five percent) will be deducted from the amount of the trade-in to cover the cost of shipping, handling, and reconditioning the product. If the product had been installed or was used, there can be no trade-in.
15 • The goods remain the property of IXIT until full payment of their value, in accordance with Law No. 80.335 of May 12, 1980. However, responsibility for the goods is transferred to the buyer upon delivery. In the event that payment is not made within the time period specified by the parties, the seller reserves the right to take back the item delivered. The down payments received will be acquired by him as compensatory compensation for wrongful non-performance of the agreement by the buyer. If the returned goods have been used, the buyer will remain liable for the entire debt and late payment interest, the seller reimbursing him the amount for which he was able to sell the returned goods. FIXED RECOVERY COMPENSATION = 40 euros excluding tax (Article D441-5 of the French Commercial Code). LATE PAYMENT PENALTY RATE = 15% of the value including tax (article L 441-3 of the French Commercial Code)
16 • If the account opening was made using a method of payment by LCR that was not accepted, the buyer certifies, by signing the account opening document, that he will honor on their due date, unless expressly advised otherwise by him, the drafts exempt from his acceptance, drawn by IXIT, by debiting his referenced account.
17 • Right of withdrawal for a sale made through a website and to an individual exclusively: The right of withdrawal must be made within a maximum of 14 days after the date of receipt of the product. Exercising the right of withdrawal gives rise to a refund of the sums paid when ordering within a maximum of 14 days from the date on which you exercised this right, with the exception of transport costs. The returned product must be new, unused, in a complete condition with new packaging, not damaged, the return shipping costs of the product are the responsibility of the individual customer. IXIT reserves the right to refuse the refund if the conditions previously announced are not respected. This clause is only applicable to a professional buyer and is only valid for a sale through a website or mail order.
18 • For any sale made to an individual consumer exclusively, in the event of a dispute, you can contact the public mediator https://www.service-public.fr/particuliers/ vosdroits/R48100 or the European dispute resolution platform of the European Commission https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home.show&lng=FR
19 • The prices indicated in a quote or a commercial proposal are valid for a period of 30 days. Beyond this date, any quotation must be validated again. Any order whose delivery time exceeds 30 days is accepted as an "open" order, meaning that the availability of the products is not guaranteed and the prices may be revised on the invoice date of the products. IXIT reserves the right to modify its prices at any time and without notice for the future.
20 • For any delivery refused without serious and proven reason, in the event of an appointment not respected by the customer or the impossibility of booking an appointment, or if delivery is made impossible in the event of a wait of more than 30 minutes, compensation corresponding to 10% of the invoice amount of the products delivered and a minimum of €50 excluding VAT will be applied.
21 • The general conditions of sale of IXIT prevail in any case over all conditions of purchase or any agreement or contract signed or not between the customer and IXIT.
22 • In the event of a dispute of any nature, the commercial court of Villefranche sur Saône FRANCE shall have sole jurisdiction.
GENERAL AFTER-SALES SERVICE CONDITIONS IXIT BEEPER EQWAD
The After-Sales Service Conditions (CGSAV) supplement our General Conditions of Sale (GCS). No provision of these additional elements may call into question the General Conditions of Sale (GCS). These General Conditions of After-Sales Service (CGSAV) replace and cancel the previous conditions issued and/or any agreement on specific after-sales service conditions. These after-sales service conditions are retroactive on the products marketed by IXIT.
COMMERCIAL WARRANTY
This warranty is taken into account according to these conditions:
1 • The initial date of consideration is the date of purchase of the system, upon exclusive presentation of the purchase invoice from the approved professional. If the installation is subsequent to the purchase of the system, only the date on the purchase invoice will be taken into account. In the absence of proof of purchase, the warranty can only be applied if the return is made within 6 months after the warranty period from the production date noted on the product by our technical services.
2 • The duration of the commercial warranty is that indicated on the product packaging, on the product's technical instructions. If there is no information on this commercial warranty period, it will in all cases be replaced by the legal warranty of a duration of 24 months. Please note that the conditions of the legal warranty differ from the commercial warranties, please refer to the article "LEGAL WARRANTY" for more information on the conditions of application of the legal warranty.
3 • In the absence of proof of purchase (invoice or receipt), the warranty date will be the system production date.
4 • The warranty applies exclusively to the product, excluding any other technical intervention of uninstallation and/or reinstallation or any labor by the installer. The safety labels affixed to the products are essential for processing the after-sales service. Their removal or damage voids the warranty. The products will be considered out of warranty and a repair estimate may possibly be proposed.
5 • The shipping costs of the product and for any reason (withdrawal period, defective equipment) to the IXIT technical service are the responsibility of the customer, the return shipping costs (IXIT to customer) are the responsibility of IXIT for mainland France only. For abroad and DOM TOM, the shipping costs are the responsibility of the customer, unless otherwise agreed or special conditions.
6 • The products and their accessories must not have been opened, analyzed, modified, repaired, etc. by technical services other than those of IXIT.
7 • This commercial warranty only covers manufacturing defects, excluding damage due to improper use (such as shocks, water, earth, going down sidewalks and stairs, freestyle, hitting speed bumps too quickly, negligence, transporting several people on the same vehicle, exposure to extreme temperatures, lack of regular maintenance, or other signs of deterioration, etc.).
8 • The product and its accessories must not show any traces of oxidation or humidity due to water splashes or poor protection of the system
9 • This commercial warranty does not cover professional use of the products (e.g. rental, sharing, provision, monitoring, etc.). It will be necessary to subscribe to a specific professional maintenance contract to benefit from a warranty.
10 • The following defects & elements are excluded from the warranty:
A. Impacts, breakages, breakage of accessories and structure of the product (frame, structure, shell), whatever the material.
B. Defects in use or maintenance of the equipment
C. Damage due to handling error, excessive shocks, repeated vibrations, abusive or abnormal use, use for professional or commercial purposes or related to improper installation.
D. Spare parts or accessories whose replacement results from their normal wear and tear, or routine maintenance operations: bulbs, batteries, remote controls, tire batteries, inner tubes, etc.
E. Transportation and modification costs of the device, in the event of a recall for a series defect.
F. Damage due to an external event (lightning, water damage, etc.).
G. An intervention carried out on the device by another person not mandated by the After-Sales Service.
H. The presence of water, humidity or oxidation.
I. Unbridling a scooter is an unauthorized technical modification of the product and therefore excludes the product from the warranty.
J. Missing pixels on an LCD screen and the touch function of the screen.
K. The lifespan of the built-in batteries and their drop in performance.
L. Maintenance of the product not in accordance with the products or an inappropriate environment (mechanical stress that could damage an electrical mechanism or its power supply, poor ventilation, excessive vibrations, excessive heat, contact with sand or any other substance, inadequate power supply, alternator fault, excessively high voltage).
11. The commercial warranty of the electric mobility product is exercised under normal conditions of use or for a maximum of 1000 km per year.
12. Intended use: The buyer is responsible for the use and his actions on the products. He undertakes to use the products in compliance with these conditions and in accordance with the laws and regulations in force, public order, morality and the rights of third parties. The buyer refrains from any illegal behavior or behavior constituting fraud against IXIT BEEPER EQWAD or third parties.
LEGAL GUARANTEE
In the absence of specific commercial warranty information on its packaging or user manual, the buyer benefits from a legal warranty of 24 months. IXIT BEEPER EQWAD undertakes to provide the buyer with a product that complies with their request. The buyer may, in any event, for tangible goods, rely on IXIT BEEPER EQWAD for the legal guarantee of conformity provided for by the Consumer Code, in particular for items:
Article L.217-3 of the Consumer Code: "The seller delivers goods that comply with the contract and with the criteria set out in Article L. 217-5. He is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery. [...]";
Article L.217-4 of the Consumer Code: "The good is in conformity with the contract if it meets, in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted; 3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract; 4° It is updated in accordance with the contract.
Article L.217-5 of the Consumer Code extract) III. The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.
Article L217-7 of the Consumer Code (extract): Defects of conformity which appear within twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect invoked.
IXIT BEEPER EQWAD also remains liable for latent defects in the item under the conditions set out in Articles 1641 to 1649 of the Civil Code:
Article 1641 of the Civil Code: "The seller is liable for the warranty against hidden defects in the item sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them." ;
Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect".
If the items returned by the buyer do not correspond to the products ordered on the site and come from another origin, IXIT BEEPER EQWAD will not be liable for the obligations described above.
MANUFACTURER'S WARRANTY ON BATTERIES
A 12-month manufacturer's warranty applies to lithium-ion and lead-acid batteries supplied alone or accompanying a Beeper product. This warranty excludes non-accumulator batteries. IXIT BEEPER EQWAD provides a standard exchange for a period of 12 months after purchase if the battery becomes defective during this period. The defect means the complete non-functioning of the battery and not the drop in its performance. These conditions will apply according to the technical opinion of IXIT services and the guarantee of proper use of the products, in particular recharging the battery at least every 3 months and storing it at full charge. Beyond 12 months, the reseller of the product must provide an additional 12-month warranty to the end consumer to cover the legal warranty period of 24 months. If the sale is made directly from IXIT BEEPER EQWAD to the end consumer, IXIT BEEPER EQWAD will take charge of the additional 12-month warranty.
RETURN OF SAV PRODUCTS TO IXIT
Unless otherwise agreed or otherwise, return costs are the sole responsibility of the customer.
Before returning any product, it is necessary to contact our technical service via the contact form available on our BEEPER.FR website: https://www.beeper.fr/fr/beeper/17_service-apres-vente , indicating as precisely as possible the subject of your request or the breakdown encountered with the product, attaching any explanatory photos/videos as well as proof of purchase (invoice, receipt, etc.)
This form will allow you to:
identify the product breakdown, carry out basic checks to avoid any unnecessary return of the product,
• validate the products & modules to be returned,
• validate acceptance of the return and acceptance of responsibility by our technical services.
The return of products must be done according to the following conditions:
• Only items considered defective must be returned. Return exclusively to the address opposite:
IXIT BEEPER EQWAD - Service technique
228 rue de l'Ancienne Distillerie
Parc d'activité des Grillons
69400 Gleizé • FRANCE
The return package must contain:
• Completed BEEPER SAV return document, available via:
https://www.beeper.fr/img/cms/SAV/BonRetourProduitSAV.pdf Provision of a copy of the receipt or invoice for the product clearly indicating the date of purchase. Upon receipt, any package that is damaged or whose packaging does not appear to be sufficient will be refused. It is preferable to return the product in its original packaging as this will protect it from shocks during transport. IXIT cannot be held responsible if the product arrives damaged because it is poorly protected.
• If the defective product is returned for a credit request, it must be in its original packaging in good condition as well as with all its accessories in good condition, otherwise it will not be able to benefit from a credit or the various missing or damaged elements will be deducted from the credit.
• IXIT declines all responsibility for excessively long delays due to a problem of replenishment of spare parts necessary for the repair of the product. For more information you can go to the web page: https://www.beeper.fr/fr/beeper/17_service-apres-vente
ANALYSIS, REPAIR & STANDARD EXCHANGE
IXIT technical services will analyze the returned products according to the instructions provided:
• If the product is under warranty, we will carry out a repair or a standard exchange of the defective element.
• If the product is out of warranty, a repair order - repair or standard exchange proposal - acting as a quote will be sent. The product will then be returned after acceptance of this repair order.
• If the returned products prove to be without defects or if the quote is refused, we will be forced to invoice you the amount corresponding to the value of your product. The return of products without operating defects will only be made upon payment of this flat rate.
• The storage period for a product that has been the subject of a quote OUT OF WARRANTY, the file is incomplete or not defective is 6 months maximum. Beyond this period, IXIT reserves the right to destroy the product without any compensation being due to the customer. The product will be considered abandoned by the customer. The customer agrees to submit to the results of the tests carried out by our technical department. IXIT cannot be held responsible for problems related to the incompatibility of products with the customer's system. The customer must check before purchasing any compatibility problems of the equipment purchased with their system with our technical services. In the event of non-acceptance of the repair order with return request, the test time and shipping costs will be invoiced (amount indicated on the repair order which will serve as a quote). In the event of non-acceptance of the repair order with abandonment of the product, the test time will be invoiced (amount indicated on the repair order which will serve as a quote). After the repair order has been issued and sent (by email or fax), the repair order must be returned with acceptance or refusal within 30 days, otherwise the test costs will be invoiced (amount indicated on the repair order which will serve as a quote). IXIT reserves the right not to process the return of defective products for any customer who does not respect IXIT's commercial rules and general conditions of sale.
G2+ WARRANTY AND SERVICE EXTENSION
IXIT offers an optional extended warranty for its products, offering a 2-year extension and additional services, to the initial 1 to 3-year warranty. This service is reserved for individuals. The services and conditions are detailed below:
G2+ • CUSTOMER BENEFITS 2-year extension of the initial warranty period
Your BEEPER product has an initial 2-year warranty, it will now be guaranteed for 4 years. Your BEEPER product has an initial 3-year warranty, it will now be guaranteed for 5 years.
• Round-trip transportation support: If covered by warranty, you contact us and we will send you a transport voucher so that you can send your product to our technical services free of charge. After repair or exchange, we will return your product to you free of charge.
• Support time of less than 10 days: The technical intervention time for repair or exchange of the product (excluding round-trip transportation time) is guaranteed in less than 10 working days. This period is valid outside of public holidays and periods when IXIT technical services are closed.
• Preferential standard exchange of the product: The standard exchange for a new product or a product of the same condition and age is guaranteed: - In the event of a breakdown within 90 days after the date of purchase - If the intervention period exceeds 10 working days • Subscription possible within 30 days after purchase: You have 30 days after the date of purchase of your product to subscribe to G2+.
• G2+ is strictly reserved for individuals: This offer is only available to individual users residing in mainland France (excluding islands) and for use of the product for private purposes and not in a professional context
• Free initial quote: For any product deposit in our after-sales service, the initial quote for support for analysis of the product is billed at €30 excluding VAT (refunded if warranty coverage is proven), if you opt for G2+, the initial quote is free. You pay nothing in advance.
• No billing for "undetected defect" or "non-repair": If a returned product was not covered by the warranty (product deliberately damaged and not covered by the general after-sales service conditions) or if we did not find a defect in the product, the minimum billed is normally €30 excluding VAT. Thanks to G2+, no billing, you pay nothing.
• Free technical service HOT LINE Technical support for installation assistance or any after-sales technical information is normally accessible via a premium rate line at €0.45 including VAT; by opting for G2+, this technical line is free.
SPARE PARTS & PARTS FROM THE CIRCULAR ECONOMY
IXIT undertakes to make every effort to ensure the availability of spare parts in order to provide after-sales services for its product range.
In accordance with Article Art. R. 111-4, the list of spare parts is available as soon as the first product unit is placed on the market, at the latest 2 years later and for an additional period of 5 years.
In accordance with Article L224-112 of the Consumer Code, without contravening the safety risks for the user, IXIT will opt as a first choice for parts from the circular economy instead of new parts. In the event of such use, a mention "part from the circular economy" will be included on the after-sales service or sales document.