Terms of Sales
These general conditions of sale (hereinafter referred to as “Conditions”) are concluded between, on the one hand, brand called “XERIDER”, And on the other hand, people, individuals or not, wishing to make a purchase via the online sales site (Internet) www.xerider.com, hereinafter referred to as the “Customers” or the “ Customer” on an individual basis.
XERIDER and Clients together will hereinafter be referred to as the “Parties”.
The customer is responsible for setting up the IT and telecommunications resources allowing access to the XERIDER.COM site.
The purpose of these general conditions is to define and inform the customer of the rights and obligations of the parties in the context of the online sale of goods and services offered by XERIDER to the consumer. Any order validated by the customer (see the order validity chapter) within the XERIDER store implies prior acceptance of these general conditions.
The customer is deemed to accept without reservation all of the provisions provided for in these conditions. XERIDER, for its part, undertakes to respect its role as a reseller within the framework of these same conditions.
The customer has the option of saving or editing these general conditions, it being specified that both the saving and the edition of this document are his sole responsibility, these conditions being subject to modification by XERIDER. In this case, the applicable conditions will be those in force on the site when the customer validates the order.
2. - FORMATION OF THE CONTRACT AND ORDER
2.1 - Operation
To validate an order, the Customer must first identify himself. To this end, he completes, according to the information provided to him online, a form made available to him where he includes the information necessary for his identification and in particular his surnames, first names, telephone numbers, postal and electronic addresses and addresses. billing and delivery.
The Customer then definitively validates his order by clicking on the “ Validate order ” button to demonstrate his commitment and acceptance of these General Conditions of Sale. From this moment, the order is recorded, and an order number is communicated to it as well as a confirmation on screen and/or by email. The data recorded by the Seller constitutes proof of the nature, content and date of the order.
2.2 - Terms and Validity of the order
In accordance with the law of March 13, 2000 on electronic signatures, any purchase order signed by the customer by validation of the order constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in these general conditions of sale such as as “right of withdrawal” and “out of stock”.
The validation of the order associated with the procedure of authentication, non-repudiation and protection of the integrity of the messages constitutes an electronic signature. This electronic signature has the value of a handwritten signature between the parties.
The customer declares to have full legal capacity allowing him to commit to these general conditions of sale. Any order implies acceptance without restriction or reservation of these general conditions of sale.
Any order must be confirmed by XERIDER by email sent to the customer.
The customer can order online on the XERIDER.COM website or by calling the number indicated on the site's home page. The customer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require a handwritten signature, to the extent that the customer orders the products presented therein online. The customer will be deemed to have read and accepted the conditions of sale by checking the box provided for this purpose. No order will be recorded without the customer having first checked the box corresponding to acceptance of these conditions of sale.
The sale will only be considered final after confirmation of the order has been sent to the customer and payment by XERIDER.COM of the full price.
Certain orders may be checked by the XERIDER verification service. In this case, the customer will be notified by mail of the supporting documents to be returned in order to obtain final validation of their order.
XERIDER reserves the right to cancel the order in the event of non-receipt of these supporting documents or receipt of supporting documents deemed non-compliant.
Any order paid by check, bank transfer or money order will only be processed upon receipt of the means of payment. Availability and shipping times will be recalculated from the date of registration of this payment method.
The customer must check the completeness and conformity of the information concerning the delivery address that he provides to XERIDER. The latter cannot be held responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipping the order will be entirely the responsibility of the customer.
The customer will be notified by email of the imminence of a shipment concerning his order.
This order will be executed at the latest within 30 days from its final validation date by XERIDER (means of payment received and order verification procedure carried out).
2.3 - Non-execution of the order
XERIDER cannot be held responsible for non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption, total or partial strike in particular of postal services and means of transport and/or communications, flood, fire. XERIDER will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, loss of opportunity, damage or costs, which may arise as a result of the purchase of the products. In the event of unavailability of the ordered product, in particular due to suppliers and/or manufacturers, the customer will be informed as soon as possible and will have the possibility of canceling their order. The customer will then have the choice of requesting either a refund of the sums collected (occurring within 30 days at the latest following the date of cancellation of the order), or, where applicable, an exchange of products with equivalent characteristics and prices, in agreement with XERIDER.
If an exchange is impossible, XERIDER reserves the right to cancel the customer's order and reimburse the amounts collected.
2.4 - Duration
These general conditions of sale come into force on the date of electronic validation of the order form by the customer.
These general conditions are concluded for the duration necessary for the supply of the goods and services purchased, until their guarantees expire.
2.5 - Proof of transaction
This contract is made up of the following contractual documents: These general conditions of sale and the order form.
Computerized records, kept in XERIDER's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
The archiving of purchase orders and invoices will be carried out on a reliable and durable medium that can be legally produced as proof.
2.6 - Order modification
For any order modification after online validation, the Customer is invited to contact the Seller's customer service by email or by telephone in the "contact us" section.
No modification or cancellation of orders is possible for products not in the catalog or supplied on request. No unilateral cancellation of an order from a professional will be accepted without the agreement of the Seller. If, despite everything, the buyer cancels his order, taking the cancellation into account will give rise to compensation set at 10% of the amount including tax of the order and the acquisition of the deposits paid.
Invoicing includes details of the price of each product excluding tax with, where applicable, the amount of VAT calculated on the total excluding tax and included in the total including tax.
2.7 - Purchasing as a professional
For any order for professional use, the Customer is invited to register for a professional account and to provide their intra-community VAT number if applicable. The Seller cannot be held responsible for any damage whatsoever (delay in delivery, unavailability following a breakdown, etc.) on the Business Customer's activity.
2.8 - Transaction security
In order to secure transactions carried out on the site www.XERIDER.COM and fight against bank card fraud, the Seller may ask the Customer, by email, to prove their identity and address, with the aim of to protect it from fraudulent transactions. Through these supporting documents, the Seller guarantees better security, by ensuring that the Customer is the owner of the bank card used.
In the case of orders paid by transfer, proof corresponding to the addresses of the order and the identity of the buyer may also be requested, always in order to guarantee maximum transaction security.
The Seller reserves the right to request a transfer as part of the validation and processing of the Customer order, to ensure the quality and security of the delivery of his package.
3. - PRODUCTS AND AVAILABILITY
3.1 - Price / VAT
The sales price of the products offered online on the XERIDER.COM site are indicated in euros including tax and are those in force at the time the order form is registered by the customer. To this price, transport costs calculated according to the nature of the items ordered and the carrier selected should be added. Shipping costs are specified in your basket at the end of the selection of the different products, and are recalled in the summary of the order which precedes validation.
Prices are subject to French VAT and any change in the legal rate of this VAT will be implicitly reflected in the price of the products presented on the XERIDER site, on the date stipulated by the relevant implementing decree. Except for orders destined for the French Overseas Territories which will be invoiced excluding taxes. Outside the European Union or in the French Overseas Territories, and depending on the legislation in force in the delivery area, customs fees and duties and taxes may be claimed by them from the Customer.
3.2 - Characteristics and availability of products
In application of article L 111-1 of the Consumer Code, the products offered for sale by the company XERIDER are presented with a detailed descriptive sheet allowing the consumer to find out, before placing a final order, the essential characteristics of the products concerned.
Lead times and availability are mentioned on the detailed product sheets posted online on the XERIDER website and are reported for each product inserted in the customer's order form.
Information on the availability of products being transmitted by suppliers and/or manufacturers, the definitive unavailability or possible postponement of these dates cannot engage the liability of XERIDER, nor entitle the customer to damages.
The photographs, graphics and descriptions of the products offered for sale are brought to the attention of the customer for information purposes only and cannot engage the seller's liability.
The offers presented by XERIDER are only valid while stocks last. XERIDER reserves the right to modify the assortment of products, their availability times and their prices, according to the constraints imposed by its suppliers and/or manufacturers and to inform the customer accordingly.
3.3- Quality and conformity of the product offer
The products offered comply with current French legislation and the standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, XERIDER cannot be held liable in the event of an error or omission in any of these photographs, texts or graphics, information or characteristics of the products, or in the event of modification of these said characteristics by the suppliers. and/or manufacturers.
In the event of delivery of products that do not correspond to the order (defective or non-compliant), the customer has a period of 7 days from signing the delivery slip to make a complaint.
These complaints must be sent by registered mail to the address of XERIDER and contain the customer's contact details, product references and the reasons for the complaint.
3.4 - Transfer of ownership
XERIDER retains full ownership of the products sold until full collection of all amounts owed by the customer in connection with their order, including fees and taxes.
The transfer of ownership of a good purchased from XERIDER by the customer to a third party will not be supported by XERIDER.
Only the original customer of this property will be able to claim access to the clauses of these general conditions of sale.
3.5 - Contribution to shipping costs
XERIDER reserves the right to invoice the consumer, below a certain order threshold, for a contribution to shipping costs. This threshold as well as the requested participation will be clearly stipulated on the “XERIDER.COM” website.
The contribution to shipping costs for deliveries to Luxembourg or Belgium will vary depending on the order threshold, volume and weight of the shipment. The amount of this participation will be indicated on the site, when the order is validated.
The customer wishing to have it delivered abroad can contact customer service to be informed of the costs relating to the transport of the products.
XERIDER recommends that the consumer keep a trace of the data relating to their order on paper or on reliable computer support until the final resolution of their order, or even until the end of the warranty period for the products delivered.
4. - PAYMENT
The customer guarantees to XERIDER that he has the necessary authorizations to use the payment method he chooses when validating the order form.
XERIDER reserves the right to suspend any order management or delivery in the event of refusal of payment authorization from financial organizations.
XERIDER has implemented an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. However, the customer remains informed that XERIDER cannot be held responsible for any embezzlement or fraudulent use of any means of payment which has not been detected by the verification procedure.
XERIDER recommends that the consumer ensures the solvency of their payment before validating their order on the site. XERIDER reminds the consumer that any payment by bank card passes through a secure system and that no bank card number is kept in its files.
4.1 - Payment method
To pay for their order, the customer has their choice of all the payment methods offered, namely: bank card with Shopify Payment (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), Paypal, bank transfer (on request), check (on request), payment in several installments (Alma)
Validation of the order by credit card constitutes a mandate to pay the price, all taxes included, on the order. The bank card details are encrypted using the SSL (Secure Socket Layer) protocol. Payment is made to our banking partner (with 3D Secure) or PayPal, a company specializing in securing online transactions. In accordance with current regulations, the Seller has under no circumstances access to these contact details, and does not keep them on its servers. This is why they are requested again from the Customer for each new transaction on the site.
In the event of payment by check or bank transfer, it must be issued by a bank domiciled in mainland France. The banking information to make the transfer is communicated in the order confirmation email.
In the case of checks exclusively in euros issued by a bank domiciled in a country of the European community, any costs will be the responsibility of the customer.
Any order paid by check or cash order will only be processed upon receipt of payment. Availability and shipping times will be recalculated from the date of registration of the payment method.
Order processing begins upon receipt of the transfer. If the latter has not arrived within ten days, the order is canceled.
4.2 - full payment
Full payment must be made when ordering, unless a specific offer is indicated on the site. At no time can the sums collected be considered as deposits or advance payments.
XERIDER reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order, or with whom a payment dispute remains.
4.2.1 - Payment in several installments with Alma.
If you pay for your order in several installments, you accept Alma's general customer conditions . as well as the Alma special conditions for Xerider customers.
4.3 - Billing
A detailed invoice can be downloaded online from the Customer's account. Indication of the amount of VAT gives communities, companies and liberal professions the possibility of recovering it.
5. – DELIVERY
5.1 - Delivery methods
Delivery is made to the address specified by the Customer when placing their order. It is carried out by UPS, Colissimo or Chronopost or at a relay point. XERIDER reminds the customer that he is required to ensure that he has mentioned all the information useful for the delivery of his order. In the event of partial unavailability of items, XERIDER may be required to split orders. Delivery can only take place once the order has been validated and payment has been made in full. The choice of mode of transport will be up to XERIDER depending on the weight and/or volume of the products.
Any bank payment centers concerned will therefore have given their payment agreement in advance.
Furthermore, the Seller reserves the right to refuse delivery to certain public places in the event that security of delivery is not ensured (hotels, schools, bars restaurants, military bases, etc.). In fact, it is impossible to guarantee hand delivery to the recipient of the package in these locations. In this case, delivery may be made pending to the post office of the Customer's choice.
We offer delivery to a Relais Colis point for all shipments in mainland France (including Monaco and Corsica). An email is sent when the packages are made available to the requested relay. After receipt of this confirmation of availability, a valid identity document of the recipient of the package must be presented for collection of packages from the relay. Parcels pending at a relay point are made available for collection for a period of 14 days at the times of the requested relay. After this period, the packages are returned to us and rerouting costs will be invoiced to the Customer holding the corresponding order.
5.2 - Usage reservations
The customer has the legal and contractual obligation to check the physical condition and contents of the package(s) upon delivery, in the presence of the delivery person.
Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the carrier's delivery slip in the form of detailed, dated, explicit and "handwritten reservations". accompanied by the customer's signature.
The customer must at the same time report this anomaly by sending the carrier, within two working days following the delivery date, a registered letter with acknowledgment of receipt setting out said complaints.
The customer must simultaneously send a copy of this letter (with the “report of spoliation” or the “statement of anomaly” obtained from the carrier) by simple mail to: XERIDER, Customer Service, Jovinien Business Incubator, Avenue de Sully extended, 89300 Joigny.
Any complaint received after the deadline will be definitively rejected without possibility of recourse for the customer.
5.3 - Order processing time (validation, payment and preparation)
When the ordered item is available in stock, the processing time for an order (validation, payment and preparation) before shipment is approximately 2 working days for any order placed before 1:00 p.m., and 3 days if the order is placed after 1:00 p.m.
In the event of force majeure or exceptional events (natural disaster, epidemic, strikes, lockouts, etc.) delaying or prohibiting delivery of the goods, the Seller is released from all liability. In all cases, on-time delivery can only occur if the Customer is up to date with its obligations towards the Seller. If an order includes a service (assembly, system installation, software update, etc.) then an additional average time of one week must be allowed once payment for the order has been made.
Any cancellation of an order, whatever the reason, and accepted by the Seller gives the right to only reimbursement of the sums paid. No compensation relating to this cancellation can be requested.
5.4 - Transport time
Once the Customer order has been shipped, the delivery time is:
48 working hours for UPS or CHRONOPOST shipments in Metropolitan France (Monday to Saturday) to your address or to a Parcel Relay point. Allow an additional 24 to 48 hours for delivery to Corsica or the Benelux.
5.5 - Delivery time (order processing time + transport time)
The delivery time corresponds to the total effective time between validation of your order and receipt of the product. This includes the order processing time (validation, payment and preparation) and the product delivery time.
With UPS and CHRONOPOST, the delivery time is 48 working hours if you place an order before 1 p.m.
XERIDER cannot be held responsible for possible delivery delays and in particular due to errors or disruptions attributable to carriers (total or partial strike of the logistics chain and/or postal services and/or means of transport or communications).
In the event of late delivery by UPS or the Post Office (colissimo or Chronopost) within eight working days following the shipping date indicated in the “tracked – shipping notice” letter, XERIDER suggests that the consumer check with their office postage if the package is not pending, then if necessary, invites them to report this delay by contacting Customer Service as a priority by telephone or by sending a letter. (see Art.12 - 12.9)
XERIDER will then contact the Post Office to start an investigation. This Post investigation can last up to 21 working days from its opening date. If during this period, the product is found, it will be re-delivered as quickly as possible to the customer's home. If, on the other hand, the product has still not been located after these 21 working days, the Post Office will consider the package to be lost. It is only upon completion of this investigation that XERIDER may return a replacement product at its expense. If the product(s) ordered are no longer available, the customer will be able to obtain a refund for the products concerned by the carrier's confirmed declaration of loss.
5.7 - Anomaly/spoliation
As part of a delivery made by UPS or the Post Office (colissimo or Chronopost), if the package arrives open and/or damaged (in particular with the presence of the yellow “La Poste” tape) and it is accepted on delivery accompanied by "handwritten reservations", it is essential that the customer has a "statement of anomaly" drawn up by the postman or the post office to which he depends. This form must be sent to XERIDER so that the latter can open an investigation and initiate a compensation procedure, if necessary.
In the event of refusal of this merchandise upon delivery and in addition to the "handwritten reservations" to be issued, the customer must ask the carrier to return this package to XERIDER, accompanied by a "report of spoliation" (report 170) and remain in possession of a copy of this form, if applicable.
In the context of a delivery made by other carriers, any opened and/or damaged package, whether accepted or not on delivery, must be accompanied by “handwritten reservations”. These must be notified on the delivery person's slip by the customer, who must also inform the carrier and XERIDER by mail within two working days following delivery.
Some carriers will be required to carry out an inspection at your home in order to note the condition of the package delivered before its collection for re-routing to XERIDER after-sales service and accompanied by a notification of incident.
Only the damages and anomalies mentioned in the said reservations issued by the customer will be taken into account in the resolution of the dispute by the carrier.
XERIDER reminds that in the event of a delivery problem, the customer must keep all items received as is (including packaging and excess packaging) until their file is completely resolved.
Any breach of the rules defined above may result in the carrier refusing to handle the dispute.
6 - RECEPTION
6.1 - Receipt of the order
When the package(s) are presented by the carrier, you must be present to allow delivery in the best possible conditions. Transport does not include delivery to floors which remains at the approval of the driver.
Upon receipt of the goods, the Customer must immediately check the condition of the package and its contents in the presence of the carrier (whoever it may be). In the event of an anomaly (damage, damaged package, broken product), the Customer must specify detailed reservations on the delivery note and confirm them within three clear days by registered mail with acknowledgment of receipt to the carrier with a copy to the Seller.
By signing the delivery slip, the Customer accepts the products delivered as is, without reservation issued upon receipt, no claim relating to damage suffered during transport will be accepted. It is the Customer's responsibility to carry out all checks and make any detailed reservations upon arrival of the equipment in order to be able to exercise, if necessary, any recourse against the carrier.
6.2 - Terms
The customer must make to XERIDER, within two working days following the date of receipt of the package, any claim of delivery error and/or non-conformity of the products in kind or quality in relation to the indications appearing on the voucher. control. Any complaint made after this deadline will be rejected without possibility of recourse for the customer.
6.3 - Reference errors
In the case of a delivery that is not intended for him, the customer is required to keep the package(s) in the same condition and to inform XERIDER Customer Service according to the terms and conditions.
After receipt and acceptance of your package by our services, depending on the nature of the product, availability and your wishes, we will offer to reship the product initially ordered or an exchange product with equivalent characteristics.
Otherwise, a voucher will be credited to your customer account within 48 hours of receipt of your package. It will correspond to the amount of the entire order (product(s) + shipping costs if your order only consists of one product).
6.4 - non-compliant products
In the event of a non-compliant product, the customer may make this complaint according to the terms and conditions, to XERIDER Customer Service.
The customer is informed that certain documents related to the package(s) may be requested from him and must therefore remain in possession of all items received (including packaging) until his complaint is completely resolved.
7 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code (Law No. 2014-344 of March 17, 2014 relating to consumption, known as the “Hamon law”), the buyer has a withdrawal period of 14 (fourteen) days from the date of date of receipt of their order to return any item that does not suit them. The buyer may request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer. In other words, cancellation of the sale implies cancellation of any “free shipping” offer.
To exercise your right of return, you must notify your request in writing before the expiration of the 14 day withdrawal period. The right of withdrawal can be exercised by sending the request either by post to the following address; Xerider Business Nursery of Jovinien - Adventure of Sully extended, Atelier 6 - 89300 Joigny , or by email at firstname.lastname@example.org . An acknowledgment of receipt will be sent to you. The request must include: Your first and last name and full address, order reference, product reference on which you wish to exercise your right of withdrawal.
You have 14 calendar days (including public holidays) to return the product . The period starts from the acknowledgment of receipt of the confirmation of your right of withdrawal issued by XERIDER concerning the goods mentioned on the transport voucher. After this period, the return will be refused.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by a copy of the purchase invoice. The additional documents such as guarantee sheet must not have been completed by the customer in order for the latter to be able to exercise his right of withdrawal.
Damaged, soiled or incomplete products will not be returned.
Please note: Upon receipt, our services will check the conformity of the returned product. If the returned product is not compliant, repair and/or reconditioning costs may be deducted from the reimbursement.
Likewise, if the product has been used, a discount proportional to the use of the good and the depreciation of the good will be applied.
The refund is made according to the payment method used by the customer when ordering. In accordance with article 10.1.c, costs related to restoration/reconditioning may be applied. The customer will be informed by email.
As mentioned in article 121-4 of the Consumer Code, the responsibility of the consumer customer is engaged in the event of depreciation of goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning. of these goods."
European directive 20011/83/EU from which the French consumer law derives defines the nature and extent of these manipulations: To establish the nature, characteristics and proper functioning of the goods, the consumer customer should only handle them and inspect in a manner that would also be permitted in store. Therefore, the consumer customer should handle and inspect the goods with all necessary care during the withdrawal period.
This right of withdrawal is exercised without penalty, with the exception of return costs which remain the responsibility of the customer. In the event of exercising the right of withdrawal, the customer has the choice of requesting either a refund of the sums collected, or an exchange of an amount equivalent to the sums paid.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded and delivery costs will be refunded (upon purchase).
In accordance with article 121-3 of the consumer code 2014-344, return costs are the responsibility of the Customer. We advise you to send it by Colissimo or by the carrier of your choice. Otherwise, if the package, sent by you, and returned to our services, did not reach us, you would not be able to launch an investigation with the postal services or the carrier in order to ask them to locate this item. last. Please note that any package not sent by us is not our responsibility. Only the sender of the package is able to launch an investigation with the postal services.
The exchange (subject to availability) or refund will be made within 14 days of receipt (law no. 2014-344 of March 17, 2014 relating to consumption, known as the “Hamon law”) by the seller, products returned by the buyer under the conditions provided above.
XERIDER advises the consumer to return their products with a recommendation or additional insurance guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or loss of this package(s) during return transport.
XERIDER recommends that the consumer over-packs the original packaging of its products, because only products returned in their entirety (accessories, warranty coupon, drivers, manuals, cover etc.), in their original packaging will be taken back, the whole must be intact and in perfect condition for resale.
8 - RETURNS
8.1 - General
Any return of product must be subject to the prior agreement of XERIDER.
8.2 - Terms
Upon receipt of the complaint, XERIDER will assign a returns number to the product(s) concerned and will communicate it to the customer. The return of a product can only take place after the allocation of this agreement number valid for 8 working days. Without this prior agreement, any package will be refused by XERIDER and returned at the sender's expense. In the event of an error in delivery or non-compliant reception and depending on the weight or volume of the product(s) concerned, a prepaid label will be sent to the consumer by mail, thus allowing them to return the product(s). s) product(s) at the expense of XERIDER
Any product to be exchanged or refunded must be returned to XERIDER within 8 working days following receipt of the return agreement and must be delivered in its entirety (accessories, warranty coupon, instructions, software and drivers included), in its original original packaging and in perfect condition, to the address mentioned on the prepaid label: To be accepted, any return must be reported in advance to XERIDER Customer Service. The granted return number must appear visibly on the return packaging and the printed return slip must be slipped inside the package.
To the extent that the customer has not used the prepaid label sent to him, XERIDER reserves the right to reimburse or not the shipping costs incurred by the customer. Any request for reimbursement must be made by the customer with supporting documents and within the limit of the cost of shipping by registered colissimo with insurance, if necessary. Requests likely to be accepted by XERIDER will only be accepted if the product returned corresponds to the original declaration made by the customer and confirmed by after-sales service.
9 - PRODUCT WARRANTY & AFTER-SALES SERVICE
9.1 - SCOPE OF APPLICATION OF THE GUARANTEE
All products sold on www.xerider.com are guaranteed for two years. The warranty takes effect on the day of purchase of the product for a period of 2 years (supporting invoice issue date)
Transport costs are the responsibility of the sender, they are the responsibility of the Customer for returning the goods to the Seller or the manufacturer, they are the responsibility of the Seller or the manufacturer when returning the goods to the Customer.
The purpose of this agreement is to define the conditions of adherence to the guarantee.
It concerns parts falling within the framework of the covered bodies following a mechanical accident which occurred purely fortuitously in order to allow the guaranteed vehicle to be returned to its operating state prior to the breakdown, in compliance with the terms of this contract.
9.2 - CONTRACTUAL or COMMERCIAL GUARANTEE
Generally speaking, products sold by XERIDER are guaranteed for a period of two years upon delivery of the product. The warranty covering the following elements: battery (provided that maintenance charges have been regularly carried out in accordance with the requirements of the maintenance booklet), controller and display, is limited to 12 months upon delivery of the product.
The warranty is limited to what is stated above.
The warranty for customers carrying out a professional activity with products sold by XERIDER is also 2 years (except for specific items mentioned above) from the date of invoice for the product. There is no warranty on accessories and consumable products.
The warranty covers the repair or exchange of parts recognized as defective by XERIDER, as well as the resulting labor costs. The products will be sent at the customer's expense directly to the After-Sales Service for expertise. Then, in the event of agreement to cover the product under warranty, the defective product will then be either repaired or exchanged for the same new product (or possibly a similar product with the same price and characteristics). The purchase invoice and serial number are required to benefit from the product warranty.
Outside of the warranty, the product may be returned as is or repaired upon acceptance and prior payment of a quote established by XERIDER.
9.3 - LIMITS OF THE CONTRACTUAL GUARANTEE
The warranty applies provided that:
- The product has not been transformed or modified;
- Damage is not due to the replacement of original parts with others not approved by Direct International (fuses, battery modules, battery charger, etc.);
- The damage is not due to additional parts or equipment not approved by XERIDER or by the manufacturer (additional charger, luggage rack, etc.);
- Damage is not due to negligence, misuse, non-compliance with the instructions in the user manual, even temporary overload or inexperience of the driver.
- The damage is not due to repairs, transformations or modifications which have been carried out on the vehicle by companies not approved by Direct International.
The contractual guarantee does not cover:
- Replacement of consumables and wearing parts (bulbs, fuses, tires, inner tubes, etc.).
- The batteries beyond 1 year.
- The controller(s) beyond 1 year.
- The display or display screen beyond 1 year.
- Abnormal or improper use of the product. In this regard, the Customer is invited to carefully consult the instructions for use provided with the product.
- Failures linked to accessories (power cables, etc.).
- Defects and their consequences due to the intervention of a repairer not approved by the product manufacturer.
- Defects and their consequences linked to use not in accordance with the use for which the product is intended.
- Defects and their consequences linked to any external cause (for example, accident, shock, lightning, use on a wet surface, current fluctuation, etc.).
- No warranty will be due if the Product has been subject to modifications without prior written consent from the Seller or even interventions for repair or maintenance by persons not approved by the manufacturer or if the item sold is used abnormally or in abnormal conditions with reference to the instructions for use provided by the manufacturer.
- Maintenance operations such as: draining, lubrication, adjustment, cleaning, tensioning, etc.
- Repairs following the use of lubricants or greases other than those expressly recommended by the manufacturer
- Repairs resulting from abnormal use, an accident, theft, fire or natural phenomena (hail, floods, etc.), an external cause (accident, lightning, current fluctuation, etc.),
- Corrosion or surface oxidation on the chassis, the screws, and more generally on all other metal parts, whether treated or not,
- Defects and their consequences linked to a customer error resulting from use or installation not in compliance with the equipment manufacturer's specifications or from storage detrimental to the good conservation of the part,
- Damage involving the liability of a third party or resulting from intentional or willful misconduct.
- Damage originating from malicious acts or a cause external to the device: shock, fall, theft, lightning, fire, water damage, overvoltage, misuse, handling error, climatic variation, humidity leading to corrosion or abnormal heat or all risks covered by comprehensive home insurance,
- Damage resulting from use of energy or installation that does not comply with the manufacturer's instructions.
- Exterior parts: varnish, enamel, lacquer, paint.
- If their failure is due to normal wear of parts such as:
- Bulbs, fuses, tires, brake linings and pads, brake disc, display, cables and cable controls, stand, handle, LED strips, handlebars, etc.
- Electrical harnesses and cables
- Shock absorbers
- Liquids and products (grease, brake fluid, etc.)
- - Noise and vibrations which have no influence on the reliability, safety and behavior of the product are not covered by the warranty.
In any case, the Customer also benefits from the provisions of the legal guarantee of conformity and the legal guarantee of hidden defects, specified below.
In all cases, XERIDER cannot be held responsible in the event of the manufacturer's refusal to apply its warranty for the reasons set out above.
In the event that you subsequently transfer the product purchased on our site to a third party, XERIDER will not remain liable for its obligations under legal guarantees and any commercial guarantees, the initial customer will assume these with respect to the new buyer; XERIDER is not liable for any obligation towards the sub-purchaser.
IMPORTANT: the buyer's first obligation is to have their vehicle maintained according to manufacturer specifications. Failure to follow these recommendations may result in refusal of coverage for any defect under the warranty. Likewise, the manufacturer has designed a vehicle with precise operating specifications and any modification of its specifications may result in the nullity of its warranty obligation.
However, in any case you benefit from the provisions of the legal guarantee, in particular those relating to the guarantee of hidden defects in application of articles 1640 et seq. of the civil code. The company XERIDER cannot be considered by the Buyer as responsible for any harmful consequences that these hidden defects could have caused.
The contractual warranty does not cover the replacement of wearing parts (if their failure is due to normal wear) and their non-reusable fixing parts (e.g. self-locking nuts) nor labor operations resulting from traditional maintenance, and which must normally be billed to the customer. Interventions carried out under the contractual guarantee do not have the effect of extending it. In particular, the replacement of a part within the framework of warranty operations does not extend the duration of the latter. The contractual warranty covering exchanged parts expires on the expiry date of the product warranty. However, in the event of immobilization of your vehicle equal to or more than 7 consecutive days under the contractual guarantee and which is not your fault, the said contractual guarantee will be extended accordingly.
This warranty is applicable in the countries or territories where the product is marketed by XERIDER.
The vehicle is intended exclusively for marketing and use in countries or territories authorized by XERIDER. The use of the vehicle in other countries or territories is under the entire responsibility of the user and excludes the application of this warranty as well as any liability of the vehicle manufacturer for any reason whatsoever.
9.4 - LEGAL GUARANTEE (of conformity)
The contractual guarantee as defined above replaces neither the legal guarantee of hidden defects resulting from the application of articles 1641 to 1649 of the civil code, nor the legal guarantee of conformity resulting from the application of articles L 211 -1 to L 211-8 of the Consumer Code and benefiting purchasers acting as consumers. As such and in accordance with the law, the following legal provisions are recalled:
Art. L. 211-4 of the Consumer Code : The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Art. L. 211-5 of the Consumer Code : To comply with the contract, the good must:
- Be suitable for the use usually expected of a similar item and, where applicable:
- 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;
- Present the qualities that a buyer can legitimately expect in view of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Art. L. 211-12 of the Consumer Code : Action resulting from lack of conformity is prescribed two years from delivery of the good.
Art. 1641 of the civil code : The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it acquired, or would have given only a lower price, if he had known them.
Art. 1648 paragraphs 1 of the civil code : Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
The warranty is subject to assessment of the cause of the non-compliance or defect claimed. Depending on the situation, this analysis will be carried out with XERIDER or the manufacturer, mandated by the customer's legal assistance.
9.5 - TERMS AND CONDITIONS FOR EXERCISE OF THE WARRANTY
Any return of goods, outside the withdrawal period, requires the prior agreement of the Seller and obtaining an Authorized Return of Goods number (RMA No.) which will be issued to the Customer, the latter must be very legibly written on any package return.
The Customer is therefore invited to make a return request by post or email. He will then be informed of the procedure for returning the defective product and the RMA number will be given to him.
The return of goods is carried out at the expense and risk of the Customer. Products returned by carrier without physical protection or poorly protected will not benefit from the guarantee, in the same way as damaged, worn or soiled products. It is therefore up to the Customer to ensure that the returned product(s) are protected and insured during transport.
To benefit from the guarantee, it is up to the Customer to keep the purchase invoice, the original packaging and all accessories supplied with the product as well as any labels affixed to the product or its packaging, and which are necessary to benefit from the guarantee. of the guarantee offered.
Any necessary data backup must be carried out by the Customer prior to returning the equipment. The Seller does not guarantee in any way the data contained on the equipment, nor its recovery. The Seller cannot be held responsible for any loss of data located on any media.
-The return of goods for after-sales service can be done by post or by a private carrier, at your expense, with acknowledgment of receipt.
-Any item left for after-sales service, repaired and not collected within three weeks, will be charged 5 Euro/day for storage costs.
9.6 - SPECIAL FEATURES
In accordance with Ordinance 2005-136 of February 17, 2005 and Article R211-4 of the Consumer Code, the provisions herein cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of hidden defects in the thing sold or the service rendered. This clause is only applicable in the event of full payment of the order.
The Seller is not the producer of all the products presented, within the meaning of law no. 98-389 of May 19, 1998 relating to liability for defective products.
The Seller ensures that the warranty is applied to any returned product as soon as possible. However, when the repair requires the product to be returned to the producer, it cannot be held responsible for any delays caused by the producer. On the other hand, the Seller's after-sales service chooses the carrier responsible for delivering the goods to the Customer.
In the event of return of functional equipment, a flat-rate basis for support and diagnosis is invoiced to the Customer at the price of €50 including tax. Please therefore carefully check before any return that the problem or malfunction is not the cause of poor installation or configuration, or due to software or hardware incompatibility. In the event that additional intervention proves necessary (assembly, system installation, additional tests, etc.), a quote is established on the hourly basis defined in the after-sales service section.
10 - RESIDENTS OUTSIDE FRANCE
Any payment made by a resident outside France will be made by bank transfer. Any bank charges will be the responsibility of the Customer.
10.1 - General
All orders will be invoiced all taxes included (TTC) and only consumers meeting the conditions required to benefit from a tax refund will be reimbursed for French VAT.
10.2 - Tax refund
Customers residing outside the European Union and the French Overseas Territories, and wishing to benefit from a tax refund, can request an export sales slip from our services.
The price calculated and mentioned on the invoice will be all taxes included (TTC). The goods that can be zero-rated will be those purchased by the customer for his personal needs and the total amount of his purchases must be equal to or greater than 175.00 euros including tax We invite the customer to read and check in advance the essential conditions, to benefit from French VAT exemption, via the following link.
If the customer meets all the conditions required by customs, he must make his request for an export sales slip to our services, by telephone or by mail.
The customer must provide certain supporting documents before XERIDER issues the tax refund form: legible copy of both sides of an identity document (passport, residence card, consular card, etc.), sworn certificate (handwritten and identical to the model which will be communicated to him by our Customer Service) and accompanied, where applicable, by proof of address abroad. After returning the pink flap approved by customs within 3 months following the purchase, the customer will be able to obtain from XERIDER the VAT exemption for the product or the corresponding order and the refund of the amount of this tax refund by check.
XERIDER reserves the right to refuse any tax refund request which does not meet the conditions required in these general conditions of sale as well as those required by customs services.
XERIDER reminds the consumer that it is imperative that their billing address is located in a country or state outside the European Union benefiting from VAT exemption, in order to obtain, if necessary, a sales slip at the 'export.
10.3 - Intracommunity VAT
All residents of the European Union will be charged the amount of French VAT when validating their order.
- If the customer is an individual or an entity not subject to VAT, the latter must pay the prices indicated all taxes included (TTC) on the XERIDER website (contribution to shipping costs included, if applicable).
- If the customer is an entity subject to VAT (in particular non-French companies in the European Union), he must send XERIDER a reminder of his order on his company's letterhead, the latter must explicitly mention the number of Intracommunity VAT of the company.
Upon receipt of this proof and after verification of the intra-community VAT number, an invoice excluding taxes (HT) will be sent to the taxable person as well as a reimbursement by check corresponding to the amount of VAT invoiced when ordering.
XERIDER reserves the right to refuse any tax refund request which does not meet the conditions required in these general conditions of sale as well as those required by customs services.
10.4 - Special cases
As part of the relocation of an order or a product to a country other than mainland France, XERIDER reminds the consumer that they remain the importer of the product(s) concerned. Any customs duties, other local taxes, import duties, or state taxes that may be payable will not be the responsibility of XERIDER. It is up to the consumer to check with local authorities the possibilities of importing or using the products or services he plans to transport, to ensure that the technical and operating specifications specific to the manufacturer comply with the legislation of the country concerned.
10.5 - RECIPROCAL OBLIGATIONS
10.5.a: from the customer
It is the consumer's entire responsibility to obtain information from the local authorities and to assume responsibility for the corresponding declarations and payments to the competent authorities and organizations of the country concerned.
10.5.b: from the reseller
XERIDER cannot be held liable in the event of non-compliance with the legislation of the country where the products will be transported by the customer.
10.6 - contribution to shipping costs
XERIDER reserves the right to invoice customers residing outside mainland France for a contribution to shipping costs.
10.7 - warnings / advice
XERIDER reminds the customer, who wishes to obtain an export sales slip, that it is imperative that their billing address is located in a country or state outside the European Union and benefiting from tax relief.
XERIDER reminds consumers benefiting from VAT taxable status that it is imperative that their billing address is located in a country of the European Union.
11 - LEGAL NOTICES AND LEGAL CLAUSES
11.1 - force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten business days of becoming aware of them.
The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.
If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:
- the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning
- the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
11.2 - links
Hypertext links may refer to sites other than that of “XERIDER.com”. XERIDER disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
11.3 - rights of use
The right to use XERIDER software, as well as that distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code.
However, under article L122-6-1 of this Code, the customer has a right of reproduction exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software.
In any case, the author of the software retains a property right over his work, which the client undertakes to respect.
11.4 - Information technology and freedoms
In accordance with the French law “Informatique et Libertés” n°78-17 of January 6, 1978, the customer has a right of access and rectification to the data concerning him and can exercise this right by sending a letter to the address following: XERIDER Jovinien business incubator, Atelier 6 - 89300 Joigny. Through XERIDER, the customer may receive offers from other companies and if he does not wish this, he simply must notify Xerider by post to the above address, or by email at the following address email@example.com
11.5 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
11.6 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of one of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in cause.
11.7 - title
In the event of difficulty of interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.
11.8 - applicable law
These general conditions are subject to French law. This is the case for substantive rules as well as for formal rules.
In the event of a dispute or complaint, the customer will contact XERIDER as a priority to obtain an amicable solution.
11.9 - information relating to XERIDER services
The site "XERIDER.COM" is a publication of XERIDER, SAS with capital of €10,000 registered in the trade and companies register of Sens (89) under number 842 943 672.
12 - Confidentiality of banking data and security of transactions
The XERIDER.COM site, represented by the Seller, undertakes to protect the Customer's personal data and privacy.
The Seller who owns the XERIDER.COM site, our banking partner and the Paypal company for security and bank card transactions, are the recipients of the personal data relating to the payment of orders. Our banking partner or the company PayPal are responsible for the automated processing of this data, the purpose of which is to define the level of analysis of a transaction and to combat bank fraud.
Failure to transmit this data prevents your transaction from being carried out and analyzed.
The occurrence of unpaid debt, due to fraudulent use of a bank card, will result in the registration of contact details relating to the order in a payment incident file, implemented by our banking partner or PayPal. associated with this unpaid debt. An irregular declaration or an anomaly may also be subject to specific treatment.
Furthermore, to meet tax and legal obligations, a paper and computer copy of each invoice will be kept for 10 years by the Seller.
In accordance with the “Informatique et Libertés” law of January 6, 1978, you have, at any time, the right to oppose, access and rectify all of your personal data by writing by mail and providing proof of your identity to XERIDER SAS or PayPal.
You will find all the information relating to the processing of personal data in our Legal Notices section.
12.1 - Attribution of jurisdiction
The contractual information is presented in French and the products offered for sale comply with French regulations. Where applicable, it is up to you, as a foreign customer, to check with local authorities the possibilities of using the product you plan to order. The company XERIDER SAS cannot be held liable in the event of non-compliance with the regulations of a foreign country.
For professional clients, all disputes relating to the formation, execution and termination of contractual obligations between the parties which cannot give rise to an amicable settlement are subject to the jurisdiction of the Commercial Court of Sens, in the jurisdiction where the headquarters of the company XERIDER SAS are located.
12.2 - COOKIES
When an Internet user consults the XERIDER site, XERIDER may be required, depending on the Internet user's browsing parameters, to place cookies on their computer, phone or tablet.
A cookie is a small data file which records information relating to navigation on the XERIDER site such as the pages consulted, the date and time of consultation etc.
Cookies make it possible to optimize and make the customer's navigation on the XERIDER site more pleasant. They also make it possible to offer personalized offers and services.
Under no circumstances can cookies personally identify an Internet user.
12.3 - XERIDER cookies
The cookies issued by XERIDER have several purposes:
- A technical purpose
These cookies make it possible to memorize the information entered by the Customer, secure access to the Customer account, and manage the shopping cart.
- A purpose of personalization
These cookies make it possible to send customers personalized offers as well as advertising related to their interests.
- A statistical purpose
These cookies make it possible to establish site traffic statistics (number of visits, abandonment in the order process, etc.) in order to improve its content.
12.4 - Third-party cookies
When an Internet user consults the XERIDER site, cookies from partner companies may be placed on their terminal.
The purpose of these cookies is to identify the pages consulted by the Internet user in order to subsequently offer them personalized offers outside the XERIDER site.
12.5 - Social network cookies
These cookies allow the Internet user to share content from the XERIDER site with other people. This is particularly the case for “share”, “like” buttons from social networks such as Facebook, Twitter, etc.
12.6 - Cookie settings
By continuing to browse the XERIDER site, the user accepts the use of the cookies described above.
If he does not want XERIDER to place these cookies, the Internet user must configure his browser as follows.
Please note, however, that certain features which require the deposit of cookies, such as personalized recommendations on articles for example, will no longer be accessible and navigation on the site may be seriously disrupted.
For Microsoft Internet Explorer 6.0 and above :
1. Choose the “Tools” menu, then “Internet Options”.
2. Click on the “Confidentiality” tab
3. Select the desired level using the slider.
For Microsoft Internet Explorer 5 :
1. Choose the “Tools” menu, then “Internet Options”.
2. Click on the “Security” tab
3. Select "Internet" then "Custom Level" (or "CustomLevel")
4. Locate the “cookies” section and choose the option that suits you
For Netscape 6.X and 7.X :
1. Choose the menu “Edit”>”Preferences”
2. Privacy and Security
For Netscape Communicator 4.X :
1. Choose the menu “Edit”>”Preferences”
2. Click on the “Advanced” option
3. “Cookies” section
For Opera 6.0 and beyond :
1. Choose the menu “File”>”Preferences”
For Firefox 2.0 and beyond
1. Choose the “Tools” menu, then “Options”.
2. Choose the “Privacy” menu, then click on “Cookies”
3. Uncheck the box “Allow all sites to place cookies”
1. Choose the "Settings" menu.
2. Then click on “Content settings” then check the box “Block cookies and third-party site data” Consulting the XERIDER.COM site does not require registration or identification with XERIDER.
However, registration data directly collected by the XERIDER.COM site while browsing the site are processed in compliance with the principles of personal data protection defined by current legislation.
Insofar as the Internet offering of the company XERIDER provides for the possibility of entering personal or commercial data, the indication of the data by the user is done expressly on a voluntary basis. The company XERIDER expressly declares that said data will only be used for its personal exploitation and that of its commercial partners. All information will be treated confidentially in accordance with the legal provisions on data protection in force.
Pursuant to articles 38 to 40 of Law No. 78-17 of January 6, 1978, amended by Law No. 2004-801 of August 6, 2004, relating to computing, files and freedoms, the User, or the Customer has a right of access, rectification, modification and deletion of data concerning him.
This right is exercised in the following manner:
By mail to the attention of:
XERIDER - Bldg. Euripole - ZA des Vauguillettes - 17 rue de Sancey - 89100 SENS
By email: contact @XERIDER.com