1. About Us

Karbikes Company, with a capital of 15,000 euros, whose registered office is in Strasbourg, registered with the Strasbourg Trade and Companies Register under number 911667715, represented by its president, Lucas Vancon (hereinafter referred to as the “Company”). The Company markets the following products to its Customers via its Website: electric-assist cycles and light vehicles, as well as all related components, accessories, and software applications.

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/GTU”). Placing an Order implies acceptance of the GTC/GTU. The characteristics of the Products are indicated on the Website. It is the Customer’s responsibility to consider them before purchasing. The photographs or graphics presented on the Website are not contractual.

The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing their online Order.

The GTC/GTU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website.

They apply to all sales concluded by the Company and prevail over any contradictory document, particularly the Customer’s general terms of purchase.

They are systematically communicated to the Customer upon request.

In the event of subsequent modification of the GTC/GTU, the Customer is subject to the version in force at the time of their Order.

3. Definitions

“Customer” refers to the Professional or Consumer who has placed an Order for a Product sold on the Website;

“Order” refers to any order placed by the registered User on this Website;

“General Terms and Conditions of Sale and Use” or “GTC/GTU” refer to these general terms and conditions of online use and sale;

“Consumer” means the buyer who is a natural person acting for non-professional purposes and/or outside their professional activity;

“Consumer” refers to the individual buyer who is not acting for professional purposes and/or outside their professional activity;

“Products” refers to tangible goods that can be appropriated and are offered for sale on this Website;

“Professional” refers to the legal entity or individual buyer acting within the scope of their professional activity;

“Website” refers to this Website, i.e., www.karbikes.com;

“Company” refers to Karbikes SAS, more fully described in Article I hereof; and

4. Registration

4. Registration

Registration on the Website is open to all legal entities or individuals of legal age who possess full legal personality and capacity.

Use of the Website is conditional upon a User’s registration. Registration is free.

To register, the User must fill in all mandatory fields; otherwise, registration cannot be completed.

Users guarantee and declare on their honor that all information communicated on the Website, particularly during registration, is accurate and compliant. They undertake to update their personal information from the dedicated page available in their account.

Any registered User has a username and password. These are strictly personal and confidential and must under no circumstances be communicated to third parties, failing which the account of the offending registered User will be deleted. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company shall in no event be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, they must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation.

Each User, whether a legal entity or an individual, may only hold one account on the Website.

In the event of non-compliance with the GTC/GTU, particularly the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.

Account deletion results in the definitive loss of all benefits and services acquired on the Website. However, any Order placed and invoiced by the Website before account deletion will be executed under normal conditions.

5. Orders

An Order may only be placed once the User has registered on the Site. When logged into their account, the User may add Products to their virtual cart. They may then access the summary of their virtual cart to confirm the Products they wish to order and place their Order by clicking the “Order” button.

Any Order can only be placed once the User has registered on the Website. When logged into their account, the User can add Products to their virtual cart. They can then access the summary of their virtual cart to confirm the Products they wish to order and place their Order by clicking the “Order” button.

They must provide an address, a delivery method, and a valid payment method to finalize the Order and effectively form the sales contract between them and the Company. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and deadlines indicated on the Website.

6. Products and prices

6. Products and Prices

The Products covered by the GTC/GTU are those listed on the Website and sold and shipped directly by the Company.

The Products are described on their corresponding page within the Website, and all their essential characteristics are mentioned. Sales are made within the limits of the Company’s available stock. The Company cannot be held responsible for stock shortages or the inability to sell a Product that is out of stock.

When a registered User wishes to purchase a Product sold by the Company through the Website, the price indicated on the Product page corresponds to the price in euros, excluding tax (HT), excluding shipping costs, and takes into account applicable and current discounts on the day of the Order. The indicated price does not include delivery costs, which will be detailed, if applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote outlining the price calculation formula.

Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.

7. Payment Terms

Unless otherwise specified, all sales are paid in full at the time of placing the Order.

Depending on the nature or amount of the Order, the Company remains free to require a deposit or full payment of the price when placing the Order or upon receipt of the invoice.

• Payment can be made by:

Bank card via a secure connection

The financing operation used is the most recent one on the date of the Order for the Service.

In addition to late payment penalties, any sum, including the deposit, not paid by the Professional Customer by its due date will automatically incur the payment of a fixed indemnity of 40 euros for recovery costs.

In case of total or partial non-payment of the Products by the agreed date on the invoice, the Consumer Customer shall pay the Company a late payment penalty at a rate equal to the legal interest rate.

No compensation may be made by the Customer between late payment penalties for the supply of ordered Products and sums owed by the Customer to the Company for the purchase of Products offered on the Website.

The penalty owed by the Customer, whether Professional or Consumer, is calculated on the VAT-inclusive amount of the remaining due sum and runs from the price’s due date without any prior formal notice being necessary.

8. Delivery

Products are primarily delivered to the following geographical areas:

• European continent

The Company undertakes to make every material and human effort to deliver the Products as quickly as possible. These times may vary depending on the Customer’s geographical area, the chosen delivery method, or the Product ordered.

In the event of exceeding the delivery deadline by 180 days, excluding cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having enjoined the Company, under the same conditions, to make the delivery within a reasonable additional period, and if the Company has not complied.

In this case, the Customer will be reimbursed within 30 days if payment has already been made.

Should delivery be impossible due to an error in the address provided by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address, and any additional delivery costs will be borne by the Customer.

Furthermore, the Company’s liability cannot be engaged for reasons related to exceeding delivery times:

• for delays caused by reasons of force majeure, i.e., due to the occurrence of an unforeseeable, irresistible event beyond its control,

• for acts exclusively attributable to the carrier responsible for delivery.

9. Claims

For all Orders placed on this Website, the Customer has a 14-day right to make a claim from the delivery of the Product. It is their responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations made upon delivery, the Products are deemed to conform to the Order.

To exercise this right to claim, the Customer must send the Company, at the address 8 Avenue Dante, 67200 Strasbourg, a declaration in which they express their reservations and claims, accompanied by supporting documents (delivery note countersigned by the carrier, photographs, etc.).

A claim that does not comply with the conditions described above cannot be accepted.

The Company will repair, replace, or refund the Product or its components as soon as possible and at its expense, subject to the material possibility of repairing the Product or its availability in stock.

10. Consumer’s Right of Withdrawal

The Consumer has a 14-day right of withdrawal from the date of placing the Order, except for products mentioned in Article L.221-28 of the Consumer Code.

To exercise this right of withdrawal, the Consumer sends a declaration to the address: 8 Avenue Dante, 67200 Strasbourg.

Products must be returned in their original packaging and in perfect condition within 10 days from the notification of withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer.

They will be reimbursed for all costs paid for placing the Order within 14 days following the date of receipt of the returned product.

The refund will be made by the same payment method used for the purchase.

11. Transfer of Risks and Ownership

The Company retains a right of ownership over the Products sold until full payment of the price by the Customer. It can therefore repossess said Products in case of non-payment. In this case, any deposits paid will remain acquired by the Company as compensation.

For Professional Customers, the transfer of risks to the Customer occurs upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risks occurs upon delivery or upon collection of the goods at the store when the Customer has chosen in-store delivery.

12. Legal Guarantees

The Products sold on the Website are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.217-4 of the Consumer Code:
“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was carried out under their responsibility or was included in the contract.”

Article L.217-5 of the Consumer Code:
“The goods conform to the contract if:
1° They are fit for the purpose ordinarily expected of similar goods and, where applicable:

• they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

• they exhibit the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller’s attention, and accepted by the latter.”

Article 1641 of the Civil Code:
“The seller is bound by the warranty against hidden defects of the sold item that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lesser price for it, had they known of them.”

Any Product resold, altered, modified, or transformed is not covered by the warranty.

This is limited to the replacement or reimbursement of non-compliant or defective Products. It is excluded in cases of misuse or abnormal use of the Product, as well as in cases where the Product does not comply with the legislation of the country in which it is delivered.

The Customer must inform the Company of the existence of defects within two years. The Company will rectify Products deemed defective as far as possible. If the Company’s liability is established, the warranty is limited to the ex-tax amount paid by the Consumer for the supply of the Products.

The replacement of Products does not extend the warranty period.

13. Modifications

The Company reserves the right to modify the Website, the GTC/GTU, as well as any delivery procedure or other element constituting the services provided by the Company through this Website.

When an Order is placed, the User is subject to the stipulations set forth in the GTC/GTU in force at the time of placing the Order.

14. Processing of Personal Data

Registration on the Website entails the processing of the Customer’s personal data. If the Customer refuses the processing of their data, they are asked to refrain from using the Website.

This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

Furthermore, in accordance with the French Data Protection Act of January 6, 1978, the Customer has, at any time, a right to inquire, access, rectify, modify, and object to all of their personal data by writing, by mail and providing proof of identity, to the following address: 8 Avenue Dante, 67200 Strasbourg.

This personal data is necessary for processing their Order and, where applicable, for establishing their invoices, as well as for improving the Website’s functionalities.

15. Data Protection

The Company ensures an appropriate and proportional level of security to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.

However, these measures do not constitute a guarantee and do not bind the Company to an obligation of result concerning data security.

16. Cookies

To enable its Users to benefit from optimal navigation on the Website and improved functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie stores information relating to navigation on the Website, as well as any data entered by Users (including searches, login, email, password).

The User expressly authorizes the Company to place a “cookie” file on the user’s hard drive.

The User has the option to block, modify the retention period, or delete this cookie via their browser interface. If the systematic deactivation of cookies on the User’s browser prevents them from using certain services or functionalities of the Website, this malfunction cannot in any way constitute damage for the member, who will not be entitled to any compensation as a result.

17. Liability

The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website, and although it employs all its means to continuously ensure the service, it may be interrupted at any time. Furthermore, the Company reserves the right, by a voluntary act, to make the Website unavailable to carry out any update, improvement, or maintenance operation.

As mentioned previously herein, the Company cannot under any circumstances be held responsible for delivery delays due to reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which fault cannot be attributed to it.

18. Intellectual Property

The brand, logo, graphic charter, and images of this Website are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, or reproduction, whether partial or complete, without the express authorization of the Company, will expose the offender to civil and criminal prosecution.

19. Jurisdiction Clause

The law governing the GTC/GTU is French law. Any dispute that may arise between the Company and a User during the execution of these terms will be subject to an amicable resolution attempt. Failing this, disputes will be brought before the competent ordinary courts.

21. Acceptance of GTC/GTU

The Customer or User expressly accepts the GTC/GTU.
The Customer declares having knowledge of them and waives the right to invoke any other document, particularly their own general terms of purchase.

The Consumer acknowledges having been informed of the information and details provided in Articles L.111-1 to L.111-7 of the Consumer Code, and notably:

• the essential characteristics of the Product;

• the price of the Products;

• the date or deadline by which the Company undertakes to provide the Service;

• information relating to the Company’s identity (postal, telephone, electronic contact details);

• information relating to legal and contractual guarantees and their implementation procedures;

• the possibility of resorting to conventional mediation in case of dispute;

• information relating to the right of withdrawal (period, exercise modalities).