Table of Contents
I - General information
1 - These General Terms and Conditions of Sale (hereinafter the "GTCS") govern the subscription and use of the "BeevCare" warranty (hereinafter the "Warranty"), a warranty covering charging station installations intended for private customers (hereinafter the "Purchasers" or the "Purchaser") of the company BEEV, a simplified joint stock company with a capital of 1.200, having its registered office at 5 Rue Pleyel 93200 SAINT-DENIS and its unique identification number 851 682 807 R.C.S. BOBIGNY (hereinafter the "Supplier").
2 - These General Terms and Conditions apply to the Warranty, to the exclusion of all other conditions. Please note, however, that the sale and/or installation of electric mobility equipment is subject to general terms and conditions of sale available at the following address: https://www.beev.co/conditions-generales-de-vente/
The GTC are available at any time on the website https://www.beev.co/ (hereinafter the "Website") and shall prevail, 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 subscription to the Guarantee implies the Buyer's acceptance of the General Terms and Conditions of Sale, 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 - II - Purpose and scope of the Guarantee
1 - The Warranty provides the Buyer with additional coverage to the legal warranties, to ensure the smooth and responsive recharging of their charging station.
2 - The Buyer will benefit from the following coverages:
- Wear and tear" warranty: This warranty covers any malfunction of the charging station installation due to normal wear and tear. In this case, the Supplier will repair or replace the components affected by wear and tear. This warranty does not apply in cases other than normal wear and tear, in particular in the event of (i) failure by the Purchaser to comply with all or part of the safety and operating instructions for the products concerned, (ii) misuse, inappropriate use, unreasonable use or abnormal use by the Purchaser, and (iii) lack of maintenance.
The Supplier may ask the Purchaser for proof of wear and tear, in particular maintenance wear and tear.
- Human error" warranty: This warranty covers any malfunction resulting from improper use or misuse of the equipment. The Supplier will repair or replace the parts affected by the misuse. This warranty does not apply in the event of intentional or malicious fault on the part of the Purchaser, in particular in the event of a deliberate act on his part committed with the knowledge of the inevitable nature of the harmful consequences of such an act. The Supplier may ask the Purchaser for any evidence of human fault.
- Vandalism - Theft" warranty: This warranty covers any loss suffered in the event of theft or vandalism, as defined by the French Penal Code, of the equipment. In this case, the Supplier will replace the damaged items. This warranty only applies if the Purchaser files a complaint following the theft or act of vandalism. The Purchaser undertakes to provide the Supplier with proof of such a complaint, in particular by forwarding the receipt or copy of the complaint.
- Force majeure" warranty: This warranty covers any loss suffered in the event of unforeseen and irresistible events falling within the scope of force majeure as defined in article 1218 of the French Civil Code, such as fires, storms, floods and acts of terrorism. The Supplier will intervene to repair or replace the elements affected by the case of force majeure. The Purchaser must provide the Supplier with proof of force majeure by any means.
3 - The Buyer will only benefit from the cover specifically subscribed to, which will only be applicable under the conditions described.
4 - The warranty includes :
- Assistance by e-mail or telephone;
- Coverage of the cost of spare parts or replacement of the charging point, depending on the solution chosen by the Supplier after analysis of the situation;
- Travel and labor costs for repairing or replacing the charging station.
III - Subscription
1 - The Purchaser may request a Guarantee subscription at any time on the Internet Site, provided that the installation has been carried out by the Supplier or one of its Partner Installers. Subscription will then take place either by signing a contract sent by one of the Supplier's sales representatives, or by subscribing directly on the Internet Site.
2 - Depending on the type of installation, the monthly amount of the Guarantee will be indicated prior to subscription.
3 - Once the Purchaser has subscribed to the Guarantee, written confirmation from the Supplier will be sent to him, including by e-mail.
4 - On initial subscription, Guarantee coverage is retroactive to the date of installation, on the express condition that no event covered by the Guarantee has occurred by the date of subscription.
5 - The Buyer may modify the options subscribed to at any time. Modification of the options during the term of the contract will not be retroactive, but will take effect on the effective date of the Buyer's request. In the event of modification of the options subscribed to, a new initial commitment period of twelve months, as defined in article VIII below, will then be applied.
IV - Exercising the Guarantee
1 - In the event of a malfunction or a situation covered by the Warranty, the Buyer must send a request either by post (5 Rue Pleyel 93200 SAINT-DENIS) or by e-mail ([email protected]).
The Purchaser will be contacted by the Supplier's services in order to study the applicability of the warranty and the applicable solutions, repairs or replacement of the bollard. Additional information and documents may be requested from the Purchaser to justify the applicability of the warranty and to enable the Supplier to confirm the information transmitted by the Purchaser. In the event of refusal to provide elements and documents enabling the Supplier to assess the applicability of the warranty, the latter may not be implemented.
A dedicated hotline is also available Monday to Friday, 9am to 7pm, on +33 7 82 96 30 40.
2 - The Warranty is subject to a deductible of €50 for all repairs and €200 for all terminal replacements.
3 - Spare parts or a new terminal may be delivered to the address indicated by the Purchaser when subscribing to the Guarantee. The Supplier is entitled to make partial deliveries, if the Purchaser is not reasonably penalized.
4 - Delivery times for parts, installation of parts and bollard replacement will be indicated to the Buyer according to the availability of supplies, stocks or the availability of the Partner, and will constitute mere indications.
V - Subcontracting
1 - The Supplier may subcontract all or part of the repair and replacement of parts and the terminal to partner companies (hereinafter the "Partner"), which the Purchaser expressly accepts.
2 - The intervention date will be agreed between the Buyer and the Partner.
The Purchaser undertakes to be present during the Partner's intervention. In the event of absence or cancellation of a scheduled appointment, the Partner reserves the right to invoice the Purchaser for travel expenses and the Supplier for administration costs.
3 - The 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 Partner, travel expenses may be invoiced to the Buyer.
4 - At the end of the work, an end-of-job report will be signed by the Purchaser and the Partner. The Partner will inform the Supplier.
VI - Buyer's commitments
1 - The Buyer agrees to pay the monthly price.
2 - If any intervention by the Partner appears necessary, the Buyer must have obtained all public or private authorizations that may be required prior to said intervention.
3 - The Purchaser undertakes to cooperate with the Supplier and the Partner in good faith.
In this respect, it undertakes in particular to transmit to the Supplier and the Partner accurately, under its sole responsibility, all the information and supporting documents necessary for the performance of the present contract, and guarantees the accuracy of this information.
It undertakes to notify the Supplier of any change in this information.
4 - Where applicable, the Buyer undertakes to carry out, under its sole responsibility, prior to the date of the Partner's intervention, all administrative formalities, or of any other nature, necessary for the proper performance of said intervention.
5 - The Purchaser also undertakes to give the Supplier and the Partner free access to the site of the work for the duration of the work.
VII - Prices and terms of payment
1 - The Guarantee subscribed to is subject to a monthly price, the amount of which is indicated prior to subscription. At the end of the initial twelve-month commitment period, as defined in article VIII below, the monthly price may change, after the Purchaser has been informed three months before the price change takes effect.
2 - All prices are inclusive of all taxes. Taxes are applied in accordance with current regulations.
3 - The Supplier will issue a monthly invoice corresponding to the monthly price. Payment of the Guarantee is made either by credit card, bank transfer, direct debit, 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.
4 - Any delay or default in payment of any invoice shall automatically and without prior notice lead to suspension of the Guarantee. The Supplier will inform the Purchaser by any means, who will have seven days to rectify the situation. Failing this, the Supplier may invoke the resolutory clause referred to in Article XI below.
5 - In the event of partial payment, this will be applied first to late payment penalties, then to current installments in descending order of age.
6 - Any delay in payment shall automatically and without prior notice give rise to interest on arrears 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.
VIII - Duration
The Guarantee is taken out for an indefinite period, with an initial commitment period of twelve months from the date of subscription.
At the end of the initial twelve-month commitment period twelve months, the Purchaser may terminate the Guarantee by giving one month's notice by e-mail to the following address [email protected] ..
Any month started is due.
If, at the end of the initial commitment period, the Buyer does not accept any change in the monthly price, he/she may terminate the Guarantee under the conditions set out in the previous article.
IX - Legal warranties
1 - All spare parts and terminals are covered, ipso jure and without additional payment, by the legal warranty of conformity and the warranty against hidden defects, as provided for 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 defects in 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 latent defects, the Supplier is liable for latent defects which may affect the good sold and which render it unfit for the use for which it is intended, or which so diminish this use that the customer would not have acquired it, or would only have given a lower price for it, if he had known of them. The Purchaser has two years from the discovery of the latent defect to return the goods 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 reimbursement must be made by registered letter or by e-mail 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 costs will be reimbursed on presentation of receipts.
2 - Depending on the nature of the work, it may be covered by 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) or the ten-year guarantee (articles 1792 et seq. of the French Civil Code).
X - 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;
- If the parts and terminals 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 replaced parts and terminals;
- Natural wear and tear of replaced parts and terminals;
- Poor electrical protection of the Buyer's installation;
- Misuse, improper use, unreasonable use, or abnormal use by the Buyer of the replaced parts and terminals;
- In the absence of any supporting documents required by the coverage taken out ;
- The occurrence of an event not covered by the policy.
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).
XI - Resolutory clause
In the event of non-performance by the Purchaser of any of its obligations, and in particular the undertakings set out in Article VI hereof, the Supplier shall 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 Guarantee will be cancelled ipso jure at the Supplier's discretion, without recourse to the courts and without prejudice to the latter's right to seek compensation for all damage caused to it by the Purchaser's failure to fulfil its obligations.
XII - Non-transferability
This Guarantee is a contract entered into intuitu personae, and may not be assigned in whole or in part, whether free of charge or against payment, by the Buyer.
XIII - Right of withdrawal
The consumer or non-professional Buyer, as defined by the French Consumer Code, has a 14-day withdrawal period in accordance with the terms and conditions set out in 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 shall 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 sums paid when the Guarantee was taken out will be reimbursed.
XIV - Insurance
The Supplier declares that it is insured for its professional civil liability with a company known to be solvent for the performance of its services.
XV - 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.
XVI - 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/.
XVII - 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.
XVIII - Disputes
In the event of dispute, the Purchaser may contact the Supplier by telephone (+33 7 82 96 30 40), by e-mail ([email protected]), or by post (5 Rue Pleyel 93200 SAINT-DENIS).
With regard to Buyers who are consumers, failing amicable agreement, claims or disputes concerning the validity, interpretation, performance or non-performance, interruption or termination of the present contract may be submitted to the following mediator: MOBILIANS.
Purchasers who are consumers must submit their requests for mediation :
Either by post, to the address : M. le Médiateur de MOBILIANS, 43 bis Route de Vaugirard - CS 80016 à 92197 Meudon CEDEX,
Or by e-mail to the following address [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 specified that for Buyers who are merchants, all disputes will be submitted to the courts of the Supplier's jurisdiction.