Terms and Conditions of Sale (TCS)
SAS PUNK ELECTRIC
Simplified joint-stock company with a capital of 1,000 euros. Registered Office: 25 Place de la Madeleine - 75008 PARIS Email Address: contact@punkelectric.com RCS of PARIS SIRET: 93201745200016 General Terms and Conditions of Sale for products sold on http://www.punkelectric.fr Date of last update: 25/10/2024
ARTICLE 1 – PURPOSE
These conditions govern the sales of electric scooters by the company PUNK ELECTRIC.
ARTICLE 2 – PRICE
The prices of our products are indicated in euros, inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated, and excluding processing and shipping costs.
In the event of an order to a country other than metropolitan 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 duties and sums are not the responsibility of the company PUNK ELECTRIC. They shall be borne by you 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 inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
The company PUNK ELECTRIC reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in effect at the time of validation of the order and subject to availability.
The products remain the property of the company PUNK ELECTRIC until full payment of the price.
Warning: as soon as you take physical possession of the ordered products, the risk of loss or damage to the products is transferred to you.
ARTICLE 3 – ORDERS
You can place an order online, via the website www.punkelectric.fr or directly with one of our partner resellers indicated on our site.
The contractual information is presented in French and will be confirmed no later than the time of your order validation.
The company PUNK ELECTRIC reserves the right not to register 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 placed on the website www.punkelectric.fr implies adherence to these General Conditions. Any order confirmation entails your full and complete adherence to these general terms and conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation shall constitute proof of the transaction.
You declare that you have full knowledge of them.
The order confirmation shall constitute 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
Validating your order implies the obligation for you to pay the indicated price.
Payment for your purchases is made by bank card and benefits from a secure system.
We do not store data relating to our customers' bank cards following payment.
ARTICLE 6 – WITHDRAWAL
The withdrawal period is set at 14 days in accordance with the law. For the request to be admissible, you must return the device in its original packaging and must never have used it.
Returns must be made in their original and complete condition (packaging, accessories, manual). In this context, your liability is engaged. Any damage suffered by the product on this occasion may defeat the right of withdrawal.
Return shipping costs shall be borne by you.
In the event of exercising the right of withdrawal, the company PUNK ELECTRIC will proceed with the reimbursement of the sums paid, within 14 days following the receipt of the product(s) subject to the withdrawal, and via the same payment method used during the order.
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 began after the consumer's express prior agreement and express waiver of their right of withdrawal. – The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period. – The supply of goods manufactured according to the consumer's specifications or clearly personalized. – The supply of goods likely to deteriorate or expire rapidly. – The supply of goods that 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 items; – Transactions concluded at a public auction. – The supply of digital content not provided on a tangible medium, the execution of which began after the consumer's express prior agreement and express waiver of their right of withdrawal. – The supply of goods purchased outright at the physical point of sale.
ARTICLE 7 – AVAILABILITY
Our products are offered as long as they are visible on the www.punkelectric.fr website and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
In the event of product unavailability after placing your order, we will inform you by email. Your order will be automatically cancelled and no bank debit will be made.
ARTICLE 8 – DELIVERY
The indicative delivery time for a product in stock is 3 to 5 working days, and the indicative delivery time for a product that is not in stock is one to three weeks. In the event of an foreseeable delay, the customer will be contacted and may then maintain or cancel their order.
In accordance with legal provisions, in the event of delivery delay, you benefit from the possibility of cancelling the order under the conditions and terms defined in Article L 138-2 of the Consumer Code. If you receive the product in the meantime, we will proceed with its reimbursement and shipping costs under the conditions of Article L 138-3 of the Consumer Code.
In the case of deliveries by a carrier, the company PUNK ELECTRIC cannot be held responsible for delivery delays exclusively due to the customer's unavailability after several appointment proposals.
ARTICLE 9 – WARRANTY
All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged, or reimbursed.
All complaints, requests for exchange or reimbursement must be made by email within 30 days of delivery.
The products must be returned to us in the state in which you received them with all elements (accessories, packaging, manual, etc.). Shipping costs remain the responsibility of the customer.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
ARTICLE 10 – LIABILITY
The products offered comply with current French legislation. The company PUNK ELECTRIC 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 you plan to order.
Furthermore, the company PUNK ELECTRIC cannot be held responsible for damages resulting from improper use of the purchased product.
Finally, the liability of the company PUNK ELECTRIC cannot be engaged for all the inconveniences or damages inherent in the use of the Internet network, notably a service breakdown, external intrusion, or the presence of computer viruses.
ARTICLE 11 – APPLICABLE LAW IN CASE OF DISPUTES
The language of this contract is the French language. These terms and 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 www.punkelectric.fr website are and remain the exclusive intellectual property of the company PUNK ELECTRIC. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual, or audio. Any simple or hypertext link is strictly prohibited without the express written agreement of the company PUNK ELECTRIC.
ARTICLE 13 – PERSONAL DATA
The company PUNK ELECTRIC reserves the right to collect personal nominative information and data concerning you. They are necessary for the management of your order, as well as for the improvement of the services and information we send you.
They may also be transmitted 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 are 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 the personal nominative information and data concerning you, directly on the Internet site.
We do not store data relating to our customers' bank cards following payment.
ARTICLE 14 – ARCHIVING PROOF
The company PUNK ELECTRIC 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 the company PUNK ELECTRIC will be considered by all concerned parties as proof of communications, orders, payments, and transactions that have occurred.
Any purchases made on www.punkelectric.fr signify that you accept the preceding general terms and conditions of sale, as well as the shipping conditions. Our conditions are in agreement with the laws in force.