Table of Contents
I - General information
1 - These General Terms and Conditions of Sale (hereinafter the "GTCS") apply, without restriction or reservation, to all offers, deliveries and services provided by BEEV, a société par actions simplifiée (simplified joint stock company) with a share capital of €52,319.32, headquartered at 5 Rue Pleyel 93200 SAINT-DENIS, France, and with unique identification number 851 682 807 R. C. S. BOBIGNY (hereinafter the "Supplier") to customers (hereinafter the "Purchasers" or the "Purchaser") in connection with the sale and/or installation of electric mobility equipment.C.S. BOBIGNY (hereinafter the "Supplier") to customers (hereinafter the "Purchasers" or the "Purchaser") for the sale and/or installation of electric mobility equipment (hereinafter the "Product" or the "Products"), via the website https://www.beev.co/ (hereinafter the "Website").
It is hereby specified that the Supplier may subcontract all or part of the Product installation services to partner companies (hereinafter the "Partner Installer"), which the Purchaser expressly accepts.
2 - These terms and conditions apply to the exclusion of all other conditions. It is however specified that the "Beev Care" guarantee is subject to additional general terms and conditions of sale available at the following address: https://www.beev.co/conditions-generales-de-ventes-beev-care/
The General Terms and Conditions of Sale are accessible at all times on the Internet Site and will take precedence, where applicable, over any other version. The GCS can also be communicated to the Buyer on request by telephone, e-mail or post.
3 - Any order of a Product on the Internet Site implies the Buyer's acceptance of the GCS, regardless of the Buyer's general terms and conditions of purchase, which are in no circumstances enforceable against the Supplier.
4 - If any provision of the GTC is invalid or void, the remaining provisions shall not be affected thereby.
5 - The Supplier reserves the right to refuse any order from a Buyer with whom it has a dispute.
6 - The fact that the Supplier does not apply and/or does not take advantage, at a given time, of any of the provisions of the GCS, may not be interpreted as a waiver of the right to take advantage of the said GCS at a later date.
II - Preliminary offer (hereinafter "the offer") - Commercial documents
1 - Prior to ordering a Product, the Buyer must complete the form available on the Internet Site. The Purchaser will be contacted by the Supplier's sales department to discuss his or her needs and the technical details of the requested installation.
Additional information and documents, in particular photographs, may be requested from the Purchaser to enable the Supplier to confirm the information transmitted by the Purchaser.
2 - An Offer will then be sent to the Purchaser by the Supplier for acceptance. The Offer will be valid for a period of thirty days from the date of issue, unless otherwise stipulated. A technical brochure for the Product ordered will be attached to the Offer. Where applicable, if a technical visit is necessary, the Offer will indicate how this is to be carried out.
III - Ordering
1 - All orders concerning the installation of Products must be made by returning the Offer to the Supplier, duly signed and dated by the Purchaser and marked by hand " good for execution of work ". It will be confirmed in writing by the Supplier, including by e-mail.
2 - All other orders, including those placed by telephone or fax, must be confirmed in writing by the Supplier. This confirmation may be made by any written means and is deemed to be acceptance of the order.
3 - In any case, the order must mention: quantity, type of product, price, terms of payment, place of delivery or installation if other than the place of invoicing. Unless expressly stated to the contrary, the terms of payment are those stipulated in the current General Terms and Conditions of Sale.
4 - Once the order has been confirmed in accordance with the conditions of the present article, any addition to or modification of the order will only be binding on the Supplier if it has been accepted in writing.
5 - Where applicable, any request for additional services not expressly provided for in the Offer must be the subject of a quotation from the Supplier and express written acceptance by the Purchaser before any work is carried out.
IV - Prices - Delivery
1 - The prices (hereinafter the "Prices" or the "Price") invoiced are those established on the date of the order on the basis of the Supplier's Offer. Unless expressly stated otherwise in the Offer, they are valid for a maximum period of thirty days.
2 - All prices include VAT. Taxes are applied according to the regulations in force.
3 - Products will be delivered to the address indicated by the Purchaser in the Offer. The Supplier is entitled to make partial deliveries, if the Purchaser is not reasonably penalized.
Transport will be carried out under the Supplier's responsibility, but at the Buyer's exclusive expense, unless otherwise agreed in writing. Accordingly, transport of the Products and all costs directly or indirectly related thereto, including, by way of illustration only, insurance, loading, unloading and delivery costs, shall be borne exclusively by the Purchaser.
The delivery or installation times of the Products mentioned in the Offer are indicated according to the availability of supplies, stocks or the availability of the Installer Partner and constitute mere indications.
The date of availability of the Products will be communicated to the Purchaser either by the Supplier or by the Partner Installer.
Except in cases of force majeure, in the event of late delivery or installation lasting more than thirty days after the indicative delivery date, the Buyer will have the option of cancelling his order by registered letter with acknowledgement of receipt, without being entitled to claim any compensation whatsoever.
V - Product installation
1 - On receipt of the Offer accepted by the Purchaser, the Supplier will contact a Partner Installer.
2 - The date of installation of the Products will be agreed between the Buyer and the Installing Partner.
The Buyer undertakes to be present during the intervention of the Partner Installer.
In the event of absence or cancellation of a scheduled appointment, the Installing Partner reserves the right to invoice the Purchaser for travel expenses and the Supplier for administration costs.
3 - The location of the Products must be definitively determined between the Buyer and the Installing Partner, in accordance with any technical and safety constraints identified by the Installing Partner at the latest at the time of installation.
The Installing Partner must be guaranteed free access to the location where the Products are to be installed. Failing this, in the event of inaccessibility for the Installing Partner, travel expenses may be invoiced to the Buyer.
4 - If it appears that additional work is required to install the Products, the Installing Partner will include this in the site completion report, which must be signed by the Purchaser. In this case, the Supplier cannot be held responsible for any delay.
5 - On completion of the installation, an end-of-job report will be signed by the Purchaser and the Installing Partner. The Installing Partner will inform the Supplier.
The Supplier will send the site completion report to the Purchaser and the Installing Partner prior to installation.
The Installing Partner will include in these minutes all modifications to the initially planned worksite.
The Buyer must include in this report all defects, faults or reservations relating to the integrity and correct installation of the Products. Any reservations will be the subject of an additional intervention allowing the defects to be corrected and lifted, marking the date of completion of the site.
The information contained in this completion report may not be contested at a later date, particularly in the event of additional invoicing. Only the information contained in this report will be binding on the Supplier, the Installing Partner and the Purchaser.
VI - Buyer's commitments
1 - The Buyer declares that he/she is the full owner of the premises, objects or any support required for the installation of the Products. If he/she is not the owner of the premises, the Buyer declares that he/she has already obtained the owner's agreement to carry out the installation. The Buyer further declares that he is not aware of any obstacles to the installation of the Products, and that he has obtained all public or private authorizations that may be required prior to said installation.
2 - The Buyer undertakes to cooperate in good faith with the Supplier and the Partner Installer.
In this respect, the Customer undertakes in particular to provide the Supplier and the Installation Partner with all the information required for the performance of the present contract, including during telephone calls prior to the Offer, under its sole responsibility, and guarantees the accuracy of this information. The Customer undertakes to notify the Supplier of any change in this information, in particular any change affecting the installation of the Products.
In this respect, it is expressly stated that the Supplier reserves the right to cancel, free of charge, the Offer and the order in the event of an error by the Purchaser concerning one of the technical characteristics relating to the place of installation of the Products.
3 - Where applicable, the Purchaser undertakes to carry out, under its sole responsibility, prior to the start date of the installation of the Products, all administrative formalities, or of any other nature, necessary for the proper completion of the installation. It is not the Supplier's task to ensure the compatibility of the various specific administrative regulations that may apply to the Purchaser, who is responsible for this himself.
4 - All additional costs and expenses resulting from a delay in the installation of the Products due to an inaccuracy in the information and documents transmitted or due to the failure to carry out preliminary work will be borne exclusively by the Buyer.
5 - The Purchaser further undertakes to give the Supplier and the Installing Partner free access to the place where the Products are to be installed for the duration of the installation and until final acceptance thereof.
6 - After installation, the Buyer undertakes not to use the Products in conditions likely to impair their operation or the safety of the installation.
VII - Legal warranties
1 - All Products are covered, ipso jure and without additional payment, by the legal guarantee of conformity and the guarantee against hidden defects, as provided for respectively in Articles L. 217-4 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code.
Under the legal warranty of conformity, the Supplier is liable to the Purchaser for any defects in the conformity of the goods existing at the time of sale. The Purchaser has a two-year period from the date of purchase, without having to prove that the defect existed at the time of sale. The Buyer may choose between replacement or repair. If repair and replacement are impossible, the Buyer may return the goods and have the price refunded, or keep them and have part of the price refunded.
Under the legal warranty for hidden defects, the Supplier is liable for hidden defects which may affect the goods sold and which render them unsuitable for their intended use, or which reduce this use to such an extent that the customer would not have purchased them, or would have paid a lower price for them, had he been aware of them. The Purchaser has two years from the discovery of the hidden defect to return the good to the Supplier or to notify him by registered mail with acknowledgement of receipt. It shall be up to the Purchaser to prove that the defects existed at the time of sale and are such as to render the goods unfit for their intended use. The Buyer has the right to return the item and have the price refunded, or to keep the item and have part of the price refunded.
All claims, requests for exchange or refund must be made by registered letter or email to the following address: [email protected] within the aforementioned deadlines.
Products must be returned in the condition in which they were received, with all components (accessories, packaging, instructions, etc.). Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
2 - Depending on their nature, installations may benefit from the guarantee of perfect completion (article 1792-6 of the French Civil Code), the guarantee of proper operation (article 1792-3 of the French Civil Code) and the ten-year guarantee (articles 1792 et seq. of the French Civil Code).
VIII - Supplier's liability
The Supplier is subject to a general obligation of means.
The Supplier may be held liable in the event of non-performance of the services provided hereunder. However, the Supplier shall not be held liable in the event of :
- False, erroneous or incomplete information provided by the Buyer;
- Failure by the Buyer to fulfill its obligations hereunder;
- Force majeure;
- If the Products are defective within the meaning of Articles 1245 et seq. of the French Civil Code ;
- Failure by the Buyer to comply with all or part of the safety and operating instructions for the Products provided by the Supplier, the Installer Partner or the manufacturer;
- Natural wear and tear of the installed product;
- Poor electrical protection of theBuyer's installation;
- Misuse, improper use, unreasonable use or abnormal use by the Buyer.
In all cases, should the Supplier nevertheless be held liable, such liability shall be limited to the maximum amount covered by its insurance policies.
In any event, the Supplier shall not be liable for immaterial and/or indirect damage (such as, but not limited to, loss of earnings, loss of profit or loss of production, financial loss, commercial loss, loss of customers, any commercial disruption whatsoever, loss of profit, loss of brand image, loss of data, files or software, third-party claims, increased costs).
IX - Terms of payment
1 - Unless otherwise stipulated or agreed in advance between the Supplier and the Purchaser in the Offer, the full Order Price must be paid at the time of acceptance of the Offer by the Purchaser. Execution of the order is suspended until the Price has been paid in full.
2 - If an advance payment is negotiated between the Supplier and the Purchaser, the execution of the order is suspended upon payment of said advance payment. The balance must be paid at the latest when the Product is made available by the Supplier. In any event, and in accordance with the law, the contractual payment term may not exceed 60 days after the invoice date.
3 - Payment is made by credit card, bank transfer or via one of the payment platforms used by the Supplier. Payment will only be effective once the bank payment centers have given their approval. In the event of refusal by the bank, the order will be automatically suspended and the Supplier will inform the Purchaser by e-mail.
4 - In the event of partial payment, this will be deducted first from the late payment penalties, then from the current instalments in descending order of age.
5 - Any delay in payment shall automatically, and without prior notice, give rise to late payment interest at a rate equal to the European Central Bank (ECB) semi-annual refinancing rate ( Refi ) in force on January 1st or July 1st, increased by 10 points, without the amount of interest thus calculated being less than the legal interest rate in force multiplied by three (3). This interest is due by the sole fact of the due date.
For professional Buyers, the fixed indemnity of €40 provided for in article L. 441-10 of the French Commercial Code will also be applied by operation of law to any late payment.
X - Financing solutions
Financing solutions may be offered depending on the payment provider selected by the Purchaser. The Supplier invites the Purchaser to contact the selected payment service provider directly to find a financing solution adapted to his project and financial capacities.
XI - Acceleration clause
In the event of total or partial non-payment of an order on the due date, the sums due in respect of this order or other orders already delivered or in the process of being delivered shall become immediately payable after formal notice to pay has been sent to the Purchaser by the Supplier by registered letter with acknowledgement of receipt and has remained unsuccessful at the end of a period of eight (8) days following its delivery to the Purchaser.
In addition, the Supplier reserves the right to terminate the current contract(s) in accordance with the law and, where applicable, to claim damages.
XII - Right of withdrawal and cancellation
1 - The consumer or non-professional Buyer, as defined by the French Consumer Code, has a 14-day withdrawal period in accordance with articles L.221-18 et seq. of the French Consumer Code.
The right of withdrawal may be exercised using the withdrawal form available in Appendix 1 of these GTS, or by any other unambiguous statement expressing the wish to withdraw.
The Supplier will immediately send the Purchaser an acknowledgement of receipt on a durable medium.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Purchaser.
2 - In the event of cancellation of the order by the Buyer after the legal retraction period, or in the absence of a legal retraction period for professional Buyers, for any reason whatsoever except in the case of force majeure:
- Where the contract has been concluded with a third-party partner of the Supplier, the cancellation terms and conditions mentioned in the partner's General Terms and Conditions of Sale apply.
- Where the contract has been concluded directly between the Supplier and the Purchaser, a sum equal to 50% of the amount inclusive of VAT of the Price as stipulated in the Offer shall be acquired by the Supplier, by way of damages, as compensation for the loss thus suffered.
XIII - Resolutory clause
1 - All orders are accepted in consideration of the Buyer's legal, financial and economic situation at the time of the order. Consequently, should the Buyer's financial situation deteriorate between the date of the order and the date of delivery, the Supplier shall be entitled either to demand payment before delivery, or to rescind the contract.
2 - In the event of non-performance by the Purchaser of any of its obligations, including those under Article VI hereof, the Supplier will send the Purchaser formal notice by registered letter with acknowledgement of receipt. Should the Purchaser fail to fulfil its obligation within fifteen days of delivery of the aforementioned letter, the sale will be cancelled ipso jure at the Supplier's discretion, without recourse to the courts and without prejudice to the latter's right to terminate the contract. without prejudice to the Supplier's right to seek compensation for any damage caused by the Buyer's default.
3 - The Purchaser may not rescind the sale or seek the Supplier's liability in the event of modifications to the initial technical specifications or characteristics, occurring between the placing of the order and delivery, and which result from the application of a national or Community text, or from the manufacturer's recommendations. However, the Supplier undertakes to inform the Purchaser of such modifications as soon as possible.
XIV - Force majeure
1 - The Supplier shall not be held liable if the non-performance or delay in the performance of any of its obligations, as described in these GCS, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
In particular, the following are considered as force majeure events:
- atmospheric catastrophes such as frost, snow or exceptionally heavy or prolonged rain,
- thaw barriers,
- fire, flood or explosion from any cause whatsoever affecting the manufacturer,
- strikes or walkouts that may affect the manufacturer or the Supplier or the Supplier's service providers involved in any stage of the service.
2 - The Supplier shall inform the Purchaser as soon as possible of the cases and events listed above.
XV - Retention of title - Transfer of risk
1 - The Products shall remain the property of the Supplier until full payment of the Price in principal and accessories has been received, whatever the date of delivery of the Products.. The reservation of title does not prevent the transfer of risks to the Buyer as soon as the Products are made available, in accordance with the terms of the GCS.
2 - Non-payment, even partial, of any of the instalments may result in the Supplier reclaiming the Products, which shall be exercised by registered letter with acknowledgement of receipt sent to the Purchaser. The right to reclaim shall apply even in the event of the Buyer's receivership or compulsory liquidation.
The Products shall be returned at the Buyer's expense and risk to the place indicated by the Supplier. If the Purchaser must hand over the Products to a carrier or a custodian, the latter must date and sign the present document after having indicated in his handwriting: "taken note of the reservation of title clause when handing over the Products".
3 - The return of the Products to the Supplier shall automatically terminate the sale of the Products. Any advance payments made by the Purchaser to the Supplier shall nevertheless be retained by the Supplier as damages.
4 - Any transfer by the Purchaser of rights and/or obligations arising from the order is subject to the Supplier's prior written authorization. In addition, the Buyer shall not resell, pledge or assign as security for any reason whatsoever, or transform the Products, until full payment of the Price and its accessories, if any.
5 - In the event of intervention by one of the Purchaser's creditors prior to full payment of the Price or its accessories to the Supplier, in particular in the event of seizure of the Products or in the event of the opening of collective proceedings, the latter must immediately inform the Supplier by registered letter with acknowledgement of receipt, as well as the seizing creditors or the bodies of the collective proceedings. The Purchaser shall bear the costs of any measures taken to halt such intervention, and in particular those relating to a third party opposition.
6 - The risk of loss and deterioration will only be transferred to the Buyer when the Products are made available at the latter's place of delivery, independently of the transfer of ownership, regardless of the date of the order and payment thereof. The Buyer is obliged to take all appropriate measures to guarantee the Products against theft, loss or deterioration from the day they are made available.
XVI - After-sales service
After installation of the Products, the Supplier provides the Purchaser, without additional payment, with an after-sales service covering in particular:
- A terminal defect
- A faulty installation
- Inability to charge or power failure (disjunction) when charging
- Cosmetic defects
The Purchaser shall contact the Supplier by e-mail at the following address [email protected].
A solution will be provided to the Buyer within 48 hours (excluding weekends and public holidays) of receipt of the request.
Furthermore, in addition to the legal warranties referred to in Article VII hereof, the Supplier's installations are covered by a warranty for a period of six months from the date of completion of the worksite as referred to in Article V.
This warranty applies in the event of malfunctions or defects in the Products. The Purchaser must contact the Supplier's after-sales service as soon as malfunctions and/or defects are detected, which will provide the Purchaser with the most appropriate solution.
XVII - Insurance
The Supplier declares that it is insured for its professional civil liability with a reputable and solvent company for all damage resulting from the execution of the order and the installation of the Products.
XVIII - Intellectual property
The content of the Website is the property of the Supplier.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
XIX - Personal data
In accordance with law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018, it is reminded that the nominative data requested from Buyers is necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any of the Supplier's partners responsible for executing, processing, managing and paying for orders.
The processing of information communicated via the Website complies with legal requirements regarding the protection of personal data, with the information system used ensuring optimum protection of such data and in particular the RGPD, as well as any other legislative or regulatory provisions in force, with the information system used ensuring optimum protection of such data.
In accordance with current national and European regulations, the Buyer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.
The Supplier invites Buyers to consult the privacy policy to find out about the procedures applicable in this respect: https: //www.beev.co/donnees-personnelles
XX - Language and applicable law
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These terms and conditions are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
XXI - Disputes
In the event of a dispute, the Purchaser may contact the Supplier by telephone on 06 72 49 74 63, by e-mail [email protected], or by post at 5 Rue Pleyel 93200 Saint-Denis.
Concerning Buyers who are consumers, in the absence of amicable agreement, claims or disputes relating to the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to the following mediator: MOBILIANS.
Buyers who are consumers must submit their requests for mediation :
- Or by post, to the following address: M. le Médiateur de MOBILIANS, 43 bis Route de Vaugirard - CS 80016 à 92197 Meudon CEDEX,
- Or by e-mail to : [email protected] ,
- Or on its website: https://www.mediateur-mobilians.fr.
Failing this, or if mediation fails, the competent court will be determined in accordance with legal provisions.
It is expressly stipulated that for Buyers who are merchants, all disputes will be submitted to the courts of the Supplier's jurisdiction.