What you are buying, in black and white.
English translation for information; the French version prevails. These terms and conditions of sale govern the sale of all-terrain electric skateboards, packs and accessories of the Sternboard brand (The Stern'), made by SQ MOTORS, an SAS with share capital of €1,000, RCS Bordeaux 977 717 487, 46 rue Jean Renaud Dandicolle, 33000 Bordeaux, to consumers and professionals, on the sternboard.com website.
Prices are shown inclusive of all taxes, in euros, for the selected delivery region. Where a crossed-out price is shown on a pack, the reference price is the lowest price charged during the 30 days preceding the offer, in accordance with the regulations on price reduction announcements.
The end date of each offer is stated on the page of the pack concerned.
Payment is made by bank card on the secure payment page of Stripe, or in 10 or 12 interest-free instalments for eligible amounts. No bank card data is kept by SQ MOTORS.
The carrier and the actual delivery time are shown by country of delivery (19 European countries: France, Belgium, Luxembourg, the Netherlands, Austria, Ireland, Italy, Spain, Portugal, Greece, Slovenia, Slovakia, Latvia, Lithuania, Estonia, Finland, Sweden, Denmark, Switzerland) on each product page, in the basket and at checkout. For Switzerland, the applicable VAT and customs duties (DDP) are stated explicitly before the order is confirmed.
Delivery in mainland France is handled by a national carrier. Deliveries to the 18 other European countries we deliver to follow lead times and carriers specific to each region, shown when the order is placed. We do not deliver to the United Kingdom or Germany: their regulations do not allow this type of vehicle on public roads.
For orders placed by a consumer residing in the European Union, a withdrawal period of 14 days from receipt of the product applies, in accordance with consumer law. The product must be returned in good condition, in its original packaging if possible, so that it can be inspected.
Returns are free within 30 days, beyond the statutory withdrawal period alone.
Every Stern' benefits from the 2-year legal guarantee of conformity on the whole product, applicable to consumers in the European Union. For any after-sales request, contact support@sternboard.com with your order number.
For rental companies, hotels, campsites and any business ordering through the Business area, specific price, quantity and invoicing conditions may apply, as set out in the quote sent via the Business contact form. The 2-year legal guarantee of conformity for consumers does not apply in the same way to professional purchases; the B2B contractual warranty conditions are set out in the quote.
In the event of a dispute, the customer is asked to contact support@sternboard.com first. Failing an amicable resolution, after a prior written complaint to SQ MOTORS, the consumer customer may refer the matter free of charge to the consumer mediator: Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C), 14 rue Saint-Jean, 75017 Paris, telephone 01 89 47 00 14, cm2c@cm2c.net. Failing an amicable resolution, the dispute is brought before the competent court under the ordinary rules of law for a consumer customer, and before the courts with jurisdiction over the registered office of SQ MOTORS for a professional customer.
English translation for information; the French version prevails.
Original French version: https://sternboard.com/fr/legal/cgv
Preamble
These general terms and conditions of sale (hereinafter the “GTCS”) apply to any purchase made by a natural person having the status of consumer, as well as by any non-professional, within the meaning of French legislation (hereinafter the “Client”), on the Website: http://www.sternboard.com/ (the “Site”) from the company SQ MOTORS, a simplified joint-stock company (société par actions simplifiée) with share capital of €1000, whose registered office is located at 46 Rue Jean Renaud Dandicolle, 33000, Bordeaux, registered with the Bordeaux Trade and Companies Register (Registre du Commerce et des Sociétés) under number 977 717 487, represented by Mr Edouard Aubert, acting and holding the necessary powers as Chairman (Président) (the “Seller”). The purpose of the GTCS is thus to govern the Order and Delivery of the Products ordered by Clients from the Seller via the Site. They may be accessed and printed at any time via a hyperlink available on the Site.
In the GTCS, the terms used below have the following meanings:
GTCS means these General Terms and Conditions of Sale;
Client means the Seller’s contracting party or, where applicable, the internet user wishing to become the Seller’s contracting party, who warrants that they have the status of consumer and/or non-professional, as defined by French law and case law; in this respect, it is expressly provided that the Client is a natural person and/or a legal entity acting for purposes which do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, or who is not acting for professional purposes;
Order means the purchase of Products by a Client on the Site, whether available in stock or eligible for Pre-order;
Personal Area means the customer account that an internet user may create on the Site, in accordance with the terms set out in the GTCS;
Delivery means the first presentation of the Products ordered by the Client at the delivery address given at the time of the Order;
Total Order Amount means the amount in euros displayed once the Client has validated the contents of the basket, comprising the price of the Product(s) that are the subject of an Order, any applicable taxes and other charges, as well as the Delivery charges;
Pre-order means the Order of a Product that is not available in stock, or is in the course of manufacture, the purchase of which is made available by the Seller;
Products means all goods and services marketed by the Seller on the Site, whether available in stock or eligible for Pre-order;
Site means the Seller’s website accessible at the following address: http://www.sternboard.com/
Territory means the countries eligible for Delivery, as stated on the Site during the Order process;
Seller means the company SQ MOTORS, identified on the first page of the GTCS;
The GTCS govern the sale of the Products by the Seller via the Site.
The Client is clearly informed and acknowledges that the Site is aimed at consumers, non-professionals and professionals, but that the GTCS govern only the sale of Products on the Site to consumers and non-professionals.
Consequently, the Client undertakes to purchase the Products for their own use, which is not professional.
The Client undertakes to read the GTCS carefully and to accept them expressly before proceeding to payment for an Order of Products placed on the Site.
The GTCS are referenced at the bottom of each page of the Site and must be consulted and accepted before placing the Order. The Client is invited to read carefully, download and print the GTCS and to keep a copy of them.
The Client is required to read the GTCS with each new Order, the latest version of the said GTCS applying to any new Order of Products.
By clicking on the button “I have read and accept the general terms and conditions*” and then on the button “PAY NOW” to confirm the said Order, the Client acknowledges that they have read, understood and accepted the GTCS without limitation or condition.
4.1 Prerequisites
In order to purchase a Product on the Site, the Client must, cumulatively and where applicable:
be at least eighteen (18) years of age and/or have legal capacity; and be a consumer or non-professional, within the meaning of French legislation and case law.
The creation of a Personal Area on the Site by the Client is not a necessary prerequisite for Ordering a Product on the Site.
4.2 Characteristics of the Products
The Seller undertakes to present, in a clear, legible and comprehensible manner, the essential characteristics of the Products and the mandatory information that the Client must receive under French legislation, and to verify its accuracy.
These characteristics and this information appear on the Product sheets on the Site.
Where applicable, these sheets contain the description, composition, warnings, format, instructions for use and price of the Product.
The photographs representing the Products are for illustrative purposes only.
The Client undertakes to read this information carefully before placing an Order on the Site. The Client must also find out about the regulations applicable to the use of the Product, where applicable, before Ordering a Product on the Site.
In particular, the Client undertakes to familiarise themselves with the legal provisions set out in Annex 4 (Reminder of the provisions of Articles R412-43-1 et seq. of the French Highway Code) of the GTCS.
The Client shall, under their own responsibility, be required to use the Products in accordance with the instructions for use and in compliance with their intended purposes.
In particular, the Client is strictly prohibited from derestricting, modifying or altering the Product from its factory specifications and/or in order to use it in a manner that does not comply with the instructions for use issued and with the regulations applicable to the Product.
All Products sold by the Seller on the Site comply with the European legislation in force and with the standards applicable in France.
The Client shall be required, under their own responsibility, to read carefully the various warnings appearing on the sheets describing the Products, and in particular the various instructions for use, as well as the regulations applicable to the use of the Product, before placing any Order.
4.3 Order Procedure
4.3.1 Initiation of the Order
Orders for Products are placed directly on the Site.
To place an Order, the Client must follow the steps shown on the Site and described below (please note, however, that depending on the Client’s starting page, the steps may differ slightly).
In order to initiate an Order via the Site, the Client is invited to click on the “ORDER” button appearing on the Site.
The Client is then invited to continue the process of Ordering the Product via the Site, under the Conditions of Article 4.3.2 (Selection of the Products) et seq. of the GTCS.
4.3.2 Selection of the Products
In order to place an Order, the Client must then provide the following information, which is mandatory:
their e-mail address;
their surname, first name and/or company name;
the delivery address;
their telephone number; and any information and/or document required by the Seller.
Any mandatory information not provided at this stage will prevent the Client from continuing to place their Order, which the Client acknowledges and accepts.
The information that the Client provides to the Seller when placing the Order must be complete, accurate, up to date and truthful, and must not be in any way misleading. The Seller reserves the right to ask the Client to confirm, by any appropriate means, their identity, their eligibility and the information provided.
Clients are informed and accept that the information entered for the purpose of placing the Order constitutes proof of their identity. The information entered by the Client is binding on them as soon as it is validated.
The Seller undertakes to keep securely all contractual items whose retention is required by the law or regulations in force.
The Client must select the Product(s) of their choice by clicking on the relevant Product(s) and choosing the desired quantities.
At this stage, a Product may be shown as not being available in stock or as being in the course of manufacture. In this context, and if the Seller so permits, this Product may be eligible for Pre-order and will be identified as such by the Seller on the Site.
Once the Product has been selected, it is placed in the Client’s basket. The Client may then add as many Products to their basket as they wish, or make changes, corrections or deletions of Products in the basket.
The shipping method and the payment method must be provided and are mandatory.
4.3.3 Orders
Once the Products have been selected and placed in their basket, the Client must click on the basket and check that the contents of their Order are correct (including, in particular, the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price) before validating its contents.
In order to validate the contents of the basket, the Client is then required, in particular:
to indicate that they have read and accept the Seller’s Personal Data Processing Policy, available at: [URL], by clicking on [to be completed]; and to indicate that they have read and accept the GTCS, under the conditions set out in Article 3 (Acceptance of the GTCS) of the GTCS;
to click on the “Pay now” button.
Failing this, the Client would not be able to continue the Order process.
The Client must in particular clearly indicate all information relating to the Delivery, in particular the exact Delivery address, as well as any access code for the Delivery address and any other information necessary for the Delivery.
The Client must also specify the chosen means of payment.
Once the Client has validated the contents of the basket and has identified themselves / registered, an automatically completed online form will be displayed to them, summarising the price of the Product(s), any applicable taxes and other charges, as well as the Delivery charges (hereinafter the “Total Order Amount”).
The Client is then invited to proceed, where applicable and depending on the Product’s eligibility for the options below at the time of the Order, either:
1°) Option 1: To payment of the full Total Order Amount, using the chosen means of payment, by following the instructions on the Site, and to the provision of all information necessary for the invoicing and Delivery of the Products.
In this case, payment by the Client of the full Total Order Amount is a necessary precondition for the validation and performance of the Order by the Seller. Any failure to pay shall automatically, without prior formal notice and as of right, result in the suspension or invalidation of the Client’s Order process.
2°) Option 2: To payment of a deposit on the Total Order Amount (of an amount indicated by the Seller on the site), using the chosen means of payment, by following the instructions on the Site, and to the provision of all information necessary for the invoicing and Delivery of the Products.
In this case, payment by the Client of the whole of the said deposit is a necessary precondition for the validation and performance of the Order by the Seller. Any failure to pay the whole of the deposit shall automatically, without prior formal notice and as of right, result in the suspension or invalidation of the Client’s Order process.
The balance of the Total Order Amount must then imperatively be paid before any shipment and Delivery of the Products by the Seller. Any failure to pay the balance of the Total Order Amount shall automatically, without prior formal notice and as of right, result in the suspension or invalidation of the Client’s Order process.
If the Client chooses Option 2, set out in Article 4.3.4 (Orders), the Client may cancel their Order and obtain a refund of the sums paid to the Seller in connection with the Order, under the following conditions:
the Client’s right to cancel their Order runs (i) from the payment of the deposit on the Total Order Amount and (ii) expires as from the Seller’s notification to the Client that the balance of the Total Order Amount must be paid, which the Client expressly accepts;
in the event of cancellation of the Order by the Client, the Seller undertakes to refund the sums paid to the Seller in connection with the Order no later than fifteen (15) days from the date on which it is informed of the Client’s decision to cancel their Order;
the Seller will make the refund using the same means of payment as that used by the Client for the initial transaction, unless the Client expressly agrees to the use of another means of payment and provided that the refund does not give rise to any costs for the Seller;
to exercise their right to cancel their Order, the Client must notify their decision to cancel the Order by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail) to the following address: edouard.a@sq-motors.com, or to 46 Rue Jean Renaud Dandicolle, 33000, Bordeaux.
When Paying for their Order, the Client may use the vouchers and/or promotional codes sent by the Seller, subject to their validity at the time their Order is validated. The Client is duly informed that vouchers and promotional codes received may not be combined when paying for the same Order.
With regard to Products for which options are available and are to be chosen by the Client prior to the Order, the option(s) must be selected prior to the Order.
Orders placed must include all information necessary for the proper processing of the Order.
4.3.4 Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the Site acknowledging receipt of the Client’s Order.
A copy of the acknowledgement of receipt of the Order is automatically sent to the Client by e-mail, to the address provided by the Client.
It is specified that the Order summary and the confirmation e-mail may be kept and printed by the Client.
4.3.5 Invoicing
Neither the order form that the Client completes online nor the acknowledgement of receipt of the Order that the Seller sends to the Client by e-mail constitutes an invoice. Whatever the method of Ordering or payment used, the Client will receive the original invoice upon Delivery of the Products, inside the parcel.
4.3.6 Provisions specific to Pre-orders
In the event of a Pre-order, the Client’s attention is expressly drawn to the fact that:
the sums paid in advance by the Client do not constitute a deposit (arrhes) within the meaning of Article 1590 of the French Civil Code;
the Client placing a Pre-order of Products on the Site will receive a monthly newsletter by e-mail informing them of the manufacturing stages of the Products concerned and of the progress of their Pre-order;
in the event that the Products offered for sale on Pre-order cannot be produced due to the unavailability of the necessary components, the Seller will cancel the Pre-order of Products placed by the Client on the Site and refund the Total Order Amount paid, under the conditions of Annex 2 (Right of Withdrawal Policy);
the Client is required to inform the Seller, by e-mail and without delay, of any change to the delivery address provided when placing their Pre-order; the Seller therefore cannot be held liable for a Delivery made to an incorrect address provided by the Client;
the Delivery time appears on the Product sheet at the time the Pre-order is validated as well as in the Pre-order confirmation e-mail; this time is subject to change, in particular due to the unavailability of a component necessary for the manufacture of the Product or due to a delay in the delivery of the Product to the Seller; should an event occur requiring a change to the time, the Seller will offer the Client a new Delivery date; where applicable, the Client may cancel their Order of the Product under the conditions set out in Annex 3 (Delivery Policy).
4.4 Date of the Order
The date of the Order is the date on which the Seller acknowledges receipt of the Order online. The Delivery times indicated on the Site only begin to run from that date.
4.5 Price
For all Products, the Client will find on the Site prices displayed in euros inclusive of all taxes (TTC), as well as the applicable Delivery charges, depending on the Delivery address and the carrier or means of transport chosen.
Prices inclusive of all taxes include in particular Value Added Tax (VAT) at the rate in force on the date of the Order, where applicable. Any change in the applicable rate may affect the price of the Products from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices of the Seller’s suppliers are subject to change. Consequently, the prices shown on the Site may change. They may also be changed in the event of special offers or sales.
The prices indicated are valid, save in the event of a manifest error. The price applicable to the Order is the one shown on the Site on the date on which the Order is placed by the Client.
4.6 Availability of the Products
The Seller undertakes to deliver the Product on the date or within the time indicated to the Client, unless the parties have agreed otherwise.
The unavailability of a Product is indicated on the page of the Product concerned.
In any event, if the unavailability was not indicated at the time of the Order, the Seller undertakes to inform the Client without delay if the Product is unavailable.
In the event that a Product is unavailable, the Seller may, where applicable, offer an alternative Product of equivalent quality and price, accepted by the Client.
If the Client decides to cancel their Order of unavailable Products, they will obtain a refund of the Total Order Amount paid for the unavailable Products under the conditions set out in Annex 2 (Right of Withdrawal Policy).
4.7 Delivery policy
The Seller’s Delivery policy is set out in Annex 1 (Delivery Policy) of the GTCS.
In particular, the Client expressly acknowledges and accepts that the conditions for the performance of the delivery service are specified in the general terms and conditions of sale of the carrier chosen by the Client during the order process, to which reference is made on the Site when the Order is placed. In order to finalise the order, the Client will then be required to accept the general terms and conditions of the said carrier.
4.7 Creation of a Personal Area
The Client, or any internet user, may create an account on the Site in order to have a personal area (the “Personal Area”).
In order to create their Personal Area, the internet user will be required to provide the information requested by the Seller, as shown on the Site.
The Personal Area will enable the internet user, in particular:
to enter their telephone number;
to track their order;
to change their password;
to change their e-mail address;
to enter public information (such as their username and a profile photograph); and to save a delivery and billing address.
The terms and conditions of the right of withdrawal are set out in Annex 2 (Right of Withdrawal Policy) of the GTCS
6.1 Means of payment
The Client may pay for their Products online on the Site using the means offered by the Seller, that is to say by bank card, via the secure payment process set up on the Site by the Seller’s payment service provider(s), whose general terms and conditions are accessible on the Site at this stage.
The Seller will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in connection with online payment on the Site.
In this respect, it is specified that all payment information provided on the Site is transmitted to the Seller’s bank and to the Seller’s payment service provider, and is not processed on the Site.
6.2 Date of payment
In the case of a single payment by credit card, the Client’s account will be debited at the stage of the Order of Products placed on the Site.
6.3 Refusal of payment
If the bank refuses to debit a card or other means of payment, the Client must contact the Seller’s Customer Service in order to pay for the Order by any other valid means of payment accepted by the Seller. In the event that, for whatever reason, payment of the Order due from the Client proves impossible, the Order will be cancelled and the sale automatically terminated.
Any contract concluded with the Client corresponding to an Order of an amount exceeding 120 euros inclusive of all taxes will be archived by the Seller for a period of ten (10) years in accordance with Article L.213-1 of the French Consumer Code. The Seller agrees to archive this information in order to keep track of transactions and to produce a copy of the contract at the Client’s request. In the event of a dispute, the Seller will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Where applicable, the Seller remains the owner of the Products delivered until they have been paid for in full by the Client. The above provisions do not prevent the transfer to the Client of the risks of loss of or damage to the Product. In the event of handover to a carrier other than the one offered by the Seller, the risk of loss of or damage to the Product is transferred to the Client upon handover of the Product to the carrier.
The terms and conditions of Delivery of the Products are set out in Annex 3 (Delivery Policy) of the GTCS.
The Products will be packaged in accordance with the transport standards in force, in order to ensure maximum protection for the Products during Delivery.
Clients undertake to comply with the same standards when returning Products under the conditions laid down in Annex 2 (Right of Withdrawal Policy) of the GTCS.
In particular and where applicable, the Product must be returned in accordance with the Seller’s instructions and must include, in particular, all accessories delivered.
The packaging of the returned Products must necessarily include the Product’s packaging as well as its outer packaging.
The Client’s liability is engaged only in respect of any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product. In other words, the Client may test the Product, but may be held liable if they handle it in ways other than those that are necessary.
Apart from the commercial guarantees that the Seller may offer for certain Products, every Client benefits from legal guarantees, for all Products, which are set out in Annex 1 (Legal Guarantees) of the GTCS.
The Seller shall in no event be held liable:
in the event of non-performance or improper performance of the contractual obligations attributable to the Client, in particular when entering their Order;
for any delay in or non-performance of any of its obligations described in the GTCS, where the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts (see, on this point, Article 14 (Force majeure) of the GTCS);
in the event of use of a Product by the Client that does not comply with the instructions for use issued by the Seller and/or with the regulations applicable to the use of the said Product, where applicable; and/or in the event of derestriction, modification or alteration of the Product from its factory specifications and/or in order to use it in a manner that does not comply with the instructions for use issued and with the regulations applicable to the Product.
It is further specified that the Seller does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability in respect of the information published on them. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
The Seller shall not be held liable if the non-performance of, or delay in performing, any of its obligations described in the GTCS results from a case of force majeure.
In contractual matters, there is force majeure where an event beyond the control of the debtor, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated as of right and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.
Should any of the above-mentioned events occur, the Seller will endeavour to inform the Client as soon as possible.
Within the framework of the GTCS, the Seller processes the Client’s personal data.
To this end, the conditions of such processing are governed by the Seller’s Personal Data Processing Policy, available on the Site at the following address: [URL].
The Seller makes available to the Client a Customer Service on the following number: 07 82 62 17 49 (number not subject to a premium rate), available during the Seller’s opening days and hours.
Any written complaint from the Client must be sent by mail to the following address, either:
to the following postal address: 46 Rue Jean Renaud Dandicolle, 33000, Bordeaux; or by e-mail to the following address: edouard.a@sq-motors.com.
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trade mark law and/or patents.
These elements are the exclusive property of the Seller, or the Seller holds a licence permitting their commercial exploitation.
Any person who publishes a website and wishes to create a direct hyperlink to the Site must request the Seller’s authorisation in writing.
This authorisation from the Seller will in no event be granted on a permanent basis. Such link must be removed at the Seller’s request. Hyperlinks to the Site that use techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the Site and its content, by any process whatsoever, without the prior express authorisation of the Seller, is prohibited and will constitute an infringement punishable under the provisions of the French Intellectual Property Code.
Acceptance of the GTCS constitutes acknowledgement by the Client of the Seller’s intellectual property rights and an undertaking to respect them.
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the GTCS, shall not affect the validity of the GTCS.
Such a change or decision shall in no event authorise Clients to disregard the GTCS.
The GTCS apply to all Orders placed online on the Site, for as long as the Site is available online.
The GTCS are precisely dated and may be amended and updated by the Seller at any time. The applicable GTCS are those in force at the time of the Order.
Amendments made to the GTCS shall not apply to Products already purchased.
The GTCS and the relations between the Client and the Seller are governed by French law.
In the event of a dispute to which the GTCS (or any of their clauses) and/or the relations between the parties may give rise, the Client may, at their choice, refer the matter, in addition to one of the courts having territorial jurisdiction under the French Code of Civil Procedure, to the court of the place where they resided at the time the contract was concluded or the harmful event occurred.
However, prior to any legal action, the Client is invited to contact the Seller’s Customer Service by e-mail:
SQ MOTORS
Customer service 46 Rue Jean Renaud Dandicolle 33000, Bordeaux France edouard.a@sq-motors.com Pursuant to Article L612-1 of the French Consumer Code:
“Every consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme.”
The disputes falling within the scope of Article L.612-1 of the French Consumer Code are the disputes defined in Article L.611-1 of the French Consumer Code, namely disputes of a contractual nature relating to the performance of a contract for the sale of goods or the supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
If no agreement is reached, or if the Client shows that they have previously attempted to resolve their dispute directly with the Seller by means of a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement upon the occurrence of any dispute relating to the GTCS, including as to their validity.
To initiate this mediation, the Client may contact the Seller’s mediator:
At the following postal address: Le Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C), 49 Rue de Ponthieu, 75008 Paris; or By e-mail at the following address: cm2c@cm2c.net Every consumer may also use the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main. home.howitworks#heading-3 The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, stating the elements of the dispute.
As mediation is not mandatory, the Client or the Seller may withdraw from the process at any time.
In the event that the mediation fails or is not contemplated, the dispute that could have given rise to mediation will be referred to the competent court designated above.
Apart from the commercial guarantees that the Seller may offer for certain Products, every Client benefits from legal guarantees for all Products, which are detailed below, in accordance with Article L.221-5 of the French Consumer Code: The Client has a period of two (2) years from the delivery of a Product to obtain the implementation of the legal guarantee of conformity in the event that a lack of conformity appears. During this period, the Client is only required to establish the existence of the lack of conformity and not the date on which it appeared. Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the intended period of supply. During this period, the Client is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared. The legal guarantee of conformity entails an obligation for the Seller, where applicable, to provide all updates necessary to maintain the conformity of the Product. The legal guarantee of conformity entitles the Client to the repair or replacement of the Product within thirty (30) days of their request, free of charge and without major inconvenience to them. If the Product is repaired under the legal guarantee of conformity, the Client benefits from a six (6) month extension of the initial guarantee. If the Client requests the repair of the Product but the Seller imposes replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the goods. The Client may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the Product, if: The Seller refuses to repair or replace the Product; The repair or replacement of the Product takes place after a period of thirty (30) days; The repair or replacement of the Product causes major inconvenience to the Client, in particular where the Client definitively bears the costs of taking back or removing the non-conforming Product, or bears the costs of installing the repaired or replacement goods; The lack of conformity of the Product persists despite the Seller’s unsuccessful attempt to bring it into conformity. The Client is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The Client is then not required to request the repair or replacement of the goods beforehand. The Client is not entitled to termination of the sale if the lack of conformity is minor. Any period during which the goods are out of use for the purpose of their repair or replacement suspends the guarantee that remained to run until the delivery of the restored Product. The rights mentioned above result from the application of Articles L.217-1 to L.217-32 of the French Consumer Code. The Client also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from the discovery of the defect. This guarantee gives entitlement to a price reduction if the Product is kept or to a full refund against return of the Product.
Principle of withdrawal
In principle, the Client has the right to withdraw by sending back or returning the Product to the Seller, without giving any reason, except for Products liable to deteriorate or expire rapidly in accordance with Article L. 221-28 of the French Consumer Code. The Client must bear the direct costs of returning the goods. To this end, the Product must be sent back or returned no later than fourteen (14) days following the communication of their decision to withdraw, unless the Seller offers to collect the Product itself.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which the Client, or a third party other than the carrier, and designated the Client, takes physical possession of the goods. Where the Client has ordered several Products by means of a single Order giving rise to several Deliveries (or in the case of an Order of a single Product delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the Client, or a third party other than the carrier and designated by the Client, takes physical possession of the last item (or batch). In the event of Delivery of the Product in several batches of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, take physical possession of the last batch or the last part.
Notification of the right of withdrawal
To exercise their right of withdrawal, the Client must notify their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail) to the following address: edouard.a@sq-motors.com; 46 Rue Jean Renaud Dandicolle, 33000, Bordeaux. They may also use the form below:
----------------------------------------------------------------------------------------------------------------------------------------------MODEL WITHDRAWAL FORM (Please complete and return this form only if you wish to withdraw from the contract) For the attention of: SAS SQ MOTORS, 46 Rue Jean Renaud Dandicolle, 33000, Bordeaux, edouard.a@sq-motors.com; I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*)/for the provision of the following services (*): Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: (*) Delete as appropriate.
----------------------------------------------------------------------------------------------------------------------------------------------To meet the withdrawal deadline, the Client must send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
In the event of withdrawal by the Client, the Seller undertakes to refund all sums paid, including Delivery charges, without undue delay and no later than fourteen (14) days from the date on which it is informed of the Client’s decision to withdraw (pursuant to Article L.221-24 of the French Consumer Code). Unless it offers to collect the Products itself, the Seller may withhold the refund until the Products have been recovered or until the Client has supplied proof of having sent back the Products, whichever is the earlier. The Seller will make the refund using the same means of payment as that used by the Client for the initial transaction, unless the Client expressly agrees to the use of another means of payment and provided that the refund does not give rise to any costs for the Client.
Return procedure
In any event, the Client must, no later than fourteen (14) days after communicating their decision to withdraw under these GTCS, send the goods back to the Seller at the address: 46 Rue Jean Renaud Dandicolle, 33000, Bordeaux. This deadline is deemed to be met if the Client sends back the goods before the period of fourteen (14) days has expired.
Return costs
The Client must bear the direct costs of returning the goods.
Condition of the returned goods
The Product must be returned in accordance with the Seller’s instructions and must include, in particular, all accessories delivered. In particular, the packaging of the returned Products must necessarily include the product’s packaging as well as its outer packaging. The Client’s liability is engaged only in respect of any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product. In other words, the Client may test the Product, but may be held liable if they handle it in ways other than those that are necessary.
Exclusions from the right of withdrawal
Article L.221-28 of the French Consumer Code provides that the right of withdrawal is excluded in the following cases: 1° The supply of services fully performed before the end of the withdrawal period and, where the contract places the consumer under an obligation to pay, the performance of which has begun with their prior express consent and with their acknowledgement that they will lose their right of withdrawal, once the service has been fully performed by the professional; 2° The supply of goods or services whose price depends on fluctuations in the financial market which are beyond the professional’s control and which may occur during the withdrawal period; 3° The supply of goods made to the consumer’s specifications or clearly personalised; 4° The supply of goods liable to deteriorate or expire rapidly; 5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control; 8° Urgent maintenance or repair work to be carried out at the consumer’s home and expressly requested by them, limited to the spare parts and work strictly necessary to respond to the emergency; 9° The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery; 10° The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications; 11° Contracts concluded at a public auction; 12° The provision of accommodation services, other than residential accommodation, transport of goods services, car rental, catering or leisure activities which must be provided on a specific date or within a specific period; 13° The supply of digital content not supplied on a tangible medium, the performance of which has begun before the end of the withdrawal period and, where the contract places the consumer under an obligation to pay, where: a) They have given their prior express consent for the performance of the contract to begin before the expiry of the withdrawal period; and b) They have acknowledged that they will lose their right of withdrawal; and c) The professional has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of Article L. 221-13.
Delivery area
The Products offered can only be delivered within the Territory, defined as the countries eligible for Delivery, as stated on the Site during the Order process. It is not possible to place an Order for any Delivery address located outside this Territory. The Products are shipped to the Delivery address(es) that the Client has indicated during the Order process.
Shipping times & Delivery charges
The times required to prepare an Order and then draw up the invoice, before shipment of Products in stock, are stated on the Site. These times exclude weekends and public holidays. An e-mail will automatically be sent to the Client when the Products are shipped, provided that the e-mail address given in the registration form is correct. During the Order process, the Seller informs the Client of the possible shipping times and options for the Products purchased. Shipping costs are calculated according to the Delivery method, the weight of the parcel and the Delivery address. The amount of these costs will be payable by the Client in addition to the price of the Products purchased. Details of Delivery times and charges are set out on the Site. The Seller undertakes to use its best efforts to deliver the Products ordered by the Client within the delivery times indicated.
Delivery arrangements
The available Delivery methods will be stated on the Site when the Order is placed. The Client expressly acknowledges and accepts that the conditions for the performance of the delivery service are specified in the general terms and conditions of sale of the carrier chosen by the Client during the order process, to which reference is made on the Site when the Order is placed. In order to finalise the order, the Client will then be required to accept the general terms and conditions of the said carrier.
Delivery problems
In the event of the professional’s failure to comply with its obligation of delivery, the Client may rely on Article L. 216-6 of the French Consumer Code, which provides for the possibility: of giving notice of the suspension of payment of all or part of the price until the professional performs, under the conditions of Articles 1219 and 1220 of the French Civil Code; of terminating the contract if, after having given the professional formal notice to make delivery within a reasonable additional period, the professional has not performed within that period. The contract is deemed to be terminated upon receipt by the Seller of the letter or written notice informing it of such termination, unless the Seller has performed in the meantime. The Client may terminate the contract immediately: Where the professional refuses to deliver the Product or where it is manifest that it will not deliver the goods; Where the professional does not perform its obligation to deliver the Product on the date or at the expiry of the period provided for in Article L.216-1 of the French Consumer Code and that date or period constitutes an essential condition of the contract for the Client. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Client before the conclusion of the contract. Where the contract is terminated under the above-mentioned conditions, the Seller refunds the Client all sums paid, no later than fourteen (14) days following the date on which the contract was terminated.
Article R412-43-1
I. In built-up areas, riders of motorised personal transport devices must ride on cycle lanes or cycle tracks. Where the carriageway is bordered on each side by a cycle track, they must use the one open on the right-hand side of the road, in the direction of traffic.
In the absence of cycle lanes or cycle tracks, they may also ride:
1° On roads where the maximum authorised speed is less than or equal to 50 km/ h. Riders of motorised personal transport devices must never ride side by side on the carriageway;
2° In pedestrian areas under the conditions defined in the fourth paragraph of Article R. 431-9;
3° On verges with a road surface.
II. Outside built-up areas, the use of motorised personal transport devices is prohibited, except on greenways and cycle tracks.
III. By way of derogation from the provisions of I and II, the authority vested with traffic police powers may, by reasoned decision:
1° Prohibit the use of the devices on certain sections of the roads mentioned in I and II, having regard to the requirements of road safety and traffic, traffic flow and ease of passage;
2° Authorise the use of the devices on the pavement, provided that they travel at walking pace and do not cause any inconvenience to pedestrians;
3° Authorise their use on roads where the maximum authorised speed is less than or equal to 80 km/ h, provided that the condition and profile of the carriageway and the traffic conditions so permit.
IV. Where the provisions of 3° of III are applied:
1° Every rider of a motorised personal transport device must: a) Wear a helmet complying with the regulations on personal protective equipment, which must be fastened; b) Wear either a high-visibility vest complying with the regulations or retro-reflective equipment whose characteristics are laid down by order of the minister responsible for road safety; c) Carry on their person a non-dazzling and non-flashing supplementary lighting device whose characteristics are laid down by order of the minister responsible for road safety; d) Ride, by day and by night, with the position lights of their device switched on;
2° A person aged at least eighteen who accompanies a rider of a motorised personal transport device aged under eighteen must ensure, where they exercise legal or de facto authority over that rider or those riders, that each of them is wearing a helmet under the conditions provided for in a of 1° above.
V. Any rider who contravenes the provisions of I and II or the traffic restrictions enacted pursuant to 1° of III shall be liable to the fine provided for fourth-class petty offences.
Where the provisions of 2° of III apply, any rider of a motorised personal transport device who rides on the pavement without keeping to walking pace or who causes inconvenience to pedestrians shall be liable to the fine provided for second-class petty offences.
Where the provisions of 3° of III apply, any rider of a device who fails to comply with the provisions of b, c and d of 1° of IV shall be liable to the fine provided for second-class petty offences.
Where the provisions of 3° of III apply, failure to comply with the rules relating to helmets laid down in a of 1° and in 2° of IV shall be punishable by the fine provided for fourth-class petty offences.
Article R412-43-2
Riders of motorised personal transport devices are prohibited from pushing or towing a load or a vehicle.
Riders of personal transport devices are prohibited from being towed by a vehicle. Any contravention of the provisions of this article shall be punishable by the fine provided for second-class petty offences. Article R412-43-3 I. Every rider of a motorised personal transport device must be at least fourteen years of age. II. Without prejudice to the application, where relevant, of the provisions of IV of Article R. 412-43-1, when riding at night, or by day when visibility is insufficient, every rider of a motorised personal transport device must wear either a high-visibility vest complying with the regulations or retro-reflective equipment whose characteristics are laid down by order of the minister responsible for road safety. The rider may carry a non-dazzling and non-flashing supplementary lighting device. III. Motorised personal transport devices may carry only one rider. IV. Any contravention of the provisions of II shall be punishable by the fine provided for second-class petty offences. Riding a motorised personal transport device without complying with the provisions of III shall be punishable by the fine provided for fourth-class petty offences. A person aged at least eighteen accompanying a rider of a motorised personal transport device aged under fourteen, where they exercise legal or de facto authority over that rider, shall be liable to the fine provided for fourth-class petty offences. Article R412-43-4 The provisions of this section apply to light mopeds (cyclomobiles légers). The provisions applicable to mopeds laid down in I of Article R. 416-6 and in Articles R. 211-2, R. 317-25, R. 431-1, R. 431-1-2, R. 431-9 and R. 431-10 do not apply to light mopeds.