General Conditions of Sale - electrify your bike
GENERAL TERMS AND CONDITIONS OF SALE - 2025
PREAMBLE
These General Terms and Conditions of Sale (GTC) govern all commercial relations between SAS RETRO FUTURISTE (hereinafter referred to as "VIRVOLT") and its customers, whether individuals or professionals. Any order implies unreserved acceptance of these GTC, which prevail over any conflicting clause that may appear in documents originating from the Customer.
1. GENERAL INFORMATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SAS RETRO FUTURISTE (named VIRVOLT) with a customer wishing to acquire the products offered for sale ("The Products").
These terms apply to the exclusion of all other conditions. Our terms of sale take precedence over the terms of purchase.
These Terms and Conditions are systematically provided to all Customers prior to immediate purchase or order placement and shall prevail, where applicable, over any other version or contradictory document. They are accessible at any time on the website. https://virvolt.fr.
These terms apply to all orders placed via:
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The website: https://virvolt.fr
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Email
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Phone
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Store
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Mail
Orders placed on our online store do not require a handwritten signature.
Placing an order, regardless of the channel, implies full and complete acceptance of these Terms and Conditions.
These Terms and Conditions may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in effect on the date of the immediate purchase or the placement of the order.
1.1 Special cases of professionals and public bodies
VIRVOLT reserves the right to deviate from certain clauses of these General Terms and Conditions of Sale depending on negotiations carried out with the Client, via Special Terms and Conditions of Sale.
Similarly, VIRVOLT may establish specific General Terms and Conditions of Sale, which deviate from these General Terms and Conditions of Sale, depending on the type of customer. In this case, these specific conditions apply to all customers meeting the defined criteria.
2. THE PRODUCTS
2.1 Product identification and conformity
VIRVOLT presents products on its website with the necessary characteristics in accordance with Article L 111-1 of the French Consumer Code. This article stipulates that the buyer must be able to know, before placing an order, the essential characteristics of the products they wish to purchase.
The photographs, texts, graphics, and technical specifications are primarily sourced from documentation prepared by the manufacturers or VIRVOLT and do not constitute a contractual obligation on the part of the Seller. Only the written descriptions are legally binding.
The Customer is required to consult the description of each Product in order to understand its essential properties and characteristics. The choice and purchase of a Product are the sole responsibility of the Customer.
If the buyer wishes to make a purchase with a view to compatibility or electrical conversion with a product already in their possession, they must, at their own risk, verify this possibility by consulting the product description and/or requesting advice by email at contact@virvolt.fr.
VIRVOLT cannot be held responsible for compatibility difficulties, unless a compatibility commitment is explicitly stated in the product description.
Contractual information is presented in French and confirmed at the time of order validation.
For all orders shipped outside mainland France, the Customer is considered the importer of the Product(s) concerned. For Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes may be payable and remain the sole responsibility of the Client.
2.2 Availability
Product offers are valid while stocks last. Most of the products offered to our customers are available at our premises in Paris or at our subcontractor, the Refactory in Flins.
Information regarding product availability is provided when placing an order via our website, email, or telephone. For products not stocked on our premises, the stated delivery times are indicative and depend on availability from our suppliers. An estimated availability date is included on the quote.
If an item becomes unavailable after an order has been placed, VIRVOLT will inform the Customer as soon as possible and may offer an equivalent product. The Customer is free to accept or refuse this substitution.
Some products in stock require a production phase and/or quality control. A production time will then be specified as an estimate on the website and/or on the quote.
3. ORDERS
Before placing an order, the buyer declares that they are fully aware of the product's characteristics.
An order can be placed via our website, in our store and headquarters, by email or by telephone and will be followed by a quote stating the products ordered, the payment terms and the order execution times (does not include delivery times).
Following the placement of your order, VIRVOLT will acknowledge receipt by sending you an Order Confirmation Email.
Each order is considered firm by the buyer and therefore cannot be modified.
VIRVOLT reserves the right to refuse your order for any legitimate reason, including in the event that:
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it would not comply with these Terms and Conditions;
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one of your previous orders was not paid in full by the due date;
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a dispute relating to the payment of one of your previous orders is currently being processed;
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Several serious and consistent elements would raise suspicion of fraud regarding your order.
The buyer must verify the completeness and accuracy of the information they provide when placing the order, particularly regarding the name and billing and delivery address.We cannot be held responsible for any data entry errors and their consequences (such as delays or delivery errors). In this case, the customer will be responsible for any costs incurred in reshipping the order.
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the case of exercising the right of withdrawal or force majeure.
3.1 For orders placed via the website virvolt.fr :
All Virvolt products are intended to be sold directly to the customer, but they cannot be collected by the customer under any circumstances without first going through an assembly service step carried out by one of Virvolt's assembly partners.
Virvolt's list of assembly partners is available on its website.
It is up to the Customer to select on the website www.virvolt.fr, the Products he wishes to order, according to the following terms:
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To create your account, please provide your first name, last name, email address, password and optionally your date of birth.
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product selection,
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Adding the desired products to the basket,
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Shopping cart validation and order.
The Customer has the opportunity to review the details of their order, its total price, and correct any errors before confirming acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any errors immediately.
It is the customer's responsibility to verify the compatibility of their bicycle with the kit. If the bicycle is not compatible with the kit and the customer only realizes this upon receipt of the kit, shipping costs will be charged at the following rate: 50 euros excluding VAT.
Registering an order on the website www.virvolt.fr The order is placed when the Customer confirms their order. This confirmation implies acceptance of all these General Terms and Conditions of Sale as well as the general terms of use of the website. www.virvolt.fr.
The sale is only final after the Seller sends the Customer an email confirming acceptance of the order, which must be sent without delay and after the Seller has received full payment. All orders placed, validated by the Customer, and confirmed by the Seller, under the conditions and according to the procedures described above, on the website www.virvolt.fr constitutes the formation of a distance contract between the Client and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer for any legitimate reason mentioned above.
The Customer will be able to track the progress of their order on the website www.virvolt.fr or by email.
The customer is aware that the price of Virvolt products may be subject to an additional charge during assembly in store when the Virvolt assembly provider has taken note of the customer's bicycle.
The customer has the right to refuse the additional cost related to the assembly service.In this case, the Virvolt product will be returned by the assembly provider to Virvolt and a penalty of 50 euros excluding VAT will be applied to the customer.
3.2. For orders from public bodies:
An order is considered "confirmed" once that www.virvolt.fr received the dated and signed quote with the mention "APPROVED" + the Purchase Order.
For public bodies outside Metropolitan France, an order is considered "confirmed" once the VIRVOLT received the dated and signed quote with the mention "APPROVED" + payment.
3.3. For orders from professionals (B2B)
Orders placed by professionals with Virvolt are subject to these General Terms and Conditions of Sale (GTC), available upon request and can be viewed online.
For orders placed via the Odoo business website (https://virvolt.odoo.com/) :
By validating their order on the Odoo platform, the professionals (bike shops, manufacturers, rental companies, etc.) fully and unreservedly accept Virvolt Terms and Conditions in effect on the date of the order.
For professional orders placed via email quote :
Any order placed by a bicycle manufacturer, bicycle shop or any other professional, following a quote confirmed by email, is also governed by these Terms and Conditions. Confirmation of the quote with the mention "Okay, agreed" constitutes full and complete acceptance of the General Terms and Conditions of Sale applicable.
4. PRICE
Prices are listed on our website. www.virvolt.fr and/or based on a quote in Euros, inclusive of all taxes (VAT included), taking into account the VAT applicable on the day of the order. However, for professionals who have created a professional account on our website www.virvolt.fr or by email Prices are shown on the website in Euros and are exclusive of tax; only the total amount of the shopping cart is shown in Euros and includes all taxes (VAT). Any change in the tax rate may be reflected in the price of the products or services.
Due to constant fluctuations in the price of raw materials, taxes and transport rates, our prices are subject to change without notice.
Our products are always invoiced at the price in effect on the day the order is accepted. Prices are quoted ex-works from our stores or warehouses.
Any bank fees, VAT and customs fees are the responsibility of the customer.
If an order is executed in several deliveries, the invoices relating to each shipment are payable as they are issued without waiting for the entire order to be executed.
The prices of goods, which are not subject to a price list, are established by quotation. The quotation must be accepted by the Client before placing an order.
The order is considered accepted only after a 50% deposit of the order amount has been paid. An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
In the event of a delay in delivery or manufacturing of a product by Virvolt, Virvolt reserves the right to charge cancellation fees if the customer decides to cancel their order. These fees may amount to up to 10% of the total order amount including VAT.
5. PAYMENTS
5.1 Payment methods and deadlines
All orders, regardless of origin, are invoiced and payable in euros only.
Payment is made according to the conditions mentioned on the quote and/or invoice.
Payment can be made by bank card, bank transfer, LCR (within the minimum limit of €200 including tax), by PAYPAL, in cash (within the maximum limit of €2000).
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For individuals: Full payment must be made before collection or shipment. Payment can be made in full upon order confirmation or by paying a deposit upon ordering (as defined by VIRVOLT at the time of order registration) and the balance upon collection or before shipment.
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For professionals : Payment terms may vary depending on the order. Therefore, the applicable payment terms are those specified in the quote.
5.2 Late and default payments
In the event that a payment or acceptance of a bill of exchange is not made on the due date, without VIRVOLT needing to remind the customer of the outstanding payment due date and without prior formal notice, VIRVOLT shall be entitled to:
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In addition to claiming a late payment penalty equal to 5% per month of delay (any month started being due in full) of the total amount including tax of the invoice, a surcharge of 15% on the total amount including tax of the invoice for costs.
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To suspend the execution of current orders, including deliveries.
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To demand immediate settlement of ongoing transactions; failure to pay an invoice by its due date resulting in the immediate demand for payment of sums due for other transactions.
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To claim, under the provisions of Article VI "retention of title", the return of the goods sold.
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To implement the automatic termination of the warranty for the delivered equipment.
For professionals :
Furthermore, any late payment will automatically incur a fixed penalty of forty (40) euros per unpaid invoice, without prejudice to any late payment penalties. VIRVOLT reserves the right to claim additional compensation from the Client if the actual recovery costs incurred exceed 60 days of delay.
6. RETENTION OF TITLE
VIRVOLT remains the owner of the goods sold until full payment of the price including, where applicable, interest and late payment penalties (laws of May 12, 1980 and January 25, 1985).
The customer will only become the owner upon payment of the final installment of the price, including fees and related charges. However, the buyer bears the risk of loss or damage (theft, fire, destruction, flood, etc.) from the moment of delivery of the goods, as if they were the owner.
The buyer shall ensure that the goods can always be identified. VIRVOLT reserves the right to repossess the goods in accordance with the retention of title clauses in the event of the buyer's financial difficulties, and to charge for any costs associated with restoring or handling the products. Its right of recovery extends to both the goods themselves and their resale price if they have been sold.
For individuals :
"Any risk of loss or damage to goods is transferred to the consumer at the moment when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods." (Article L216-4 of the Consumer Code).
He must therefore ensure the proper preservation of the goods.
For professionals :
The customer undertakes to immediately notify VIRVOLT of its state of cessation of payment, to proceed or allow to proceed, as soon as the receivership or liquidation proceedings are opened, to the finding of the existence in its stock of unpaid goods belonging to VIRVOLT, and to provide it with all information enabling it to exercise the claim against the sub-purchasers.
7. DELIVERY
For individuals :
VIRVOLT only offers delivery of its products through its network of partners, a list of which is available on its website. Under no circumstances can a customer have a product delivered directly.
Otherwise, the customer will not benefit from the Virvolt guarantee.
The total amount of your delivery charges is shown to you when you place your order.
For professionals and public bodies :
VIRVOLT offers deliveries via DPD, TNT, DHL or carrier depending on the delivery times requested and the quantity of goods to be delivered.
The carrier and associated costs are mentioned on the quote or by email.
If the quote includes the mention "EXWORKS" or does not include shipping costs, nor the mention "FRANCO DE PORT", this means that the order must be collected from VIRVOLT by the customer.
7.1 Conditions
For individuals :
Deliveries are made to the address provided by the Customer when creating their account.
Ownership of the Products and the transfer of risk take place upon delivery of the Order by the carrier to the Customer.
However, when the Customer has arranged for a carrier of their own choosing, delivery is deemed to have taken place upon the Seller handing over the Products ordered to the carrier, provided that the Seller has handed over the Products sold to the carrier who has accepted them without reservation.The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no recourse against the Seller for any failure to deliver the transported goods.
In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to a separate additional invoice, based on a quote previously accepted in writing by the Customer.
VIRVOLT is not responsible in the event of inability to deliver due to the communication of incorrect data when creating the account or in the event of failure by the Customer to collect their package from a collection point.
For professionals and public bodies :
Unless otherwise stipulated, particularly within the framework of a quality assurance contract, our goods and their packaging are sold ex-works and therefore travel at the customer's risk, even when prices are quoted carriage paid. It is the customer's responsibility to take all necessary measures in the event of damage or shortages, in accordance with the provisions of Articles 105 et seq. of the French Commercial Code. As such, the customer is required to check, or have checked, the condition and quantity of goods received and, if necessary, to exercise any legal recourse against the carrier within the applicable time limits, including in the case of a carrier chosen by VIRVOLT.
For any order destined for a country other than metropolitan France, VAT, customs duties or other local taxes that may be required are the sole responsibility of the customer and are entirely their responsibility in terms of declarations and payment to the competent authorities.
7.2 Delivery times
Delivery times are provided for informational purposes only. The customer may not, under any circumstances, modify or contest a delivery time. In the exceptional case where the customer fails to take delivery of the goods, VIRVOLT reserves the right to invoice the customer for:
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in the case of a return to VIRVOLT, the return and reshipping costs to the customer (identical to the costs charged by the carrier);
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In the event of storage at the carrier's premises, storage and handling fees will be charged at a rate of 5% of the total order amount (including VAT) per week of delay, starting from the originally agreed delivery date. Any delivery may be validly suspended or even cancelled in the following cases:
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Force majeure, special event (strike, act of war, shortage…)
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Manufacturing accident or carrier failure, contractually considered a case of force majeure…
Any delays do not entitle the buyer to refuse the goods or to claim damages.
7.2.1 DELIVERY DATE
If your order contains multiple products with different delivery times, the delivery time for your order will be the longest delivery time.
Next-day delivery cannot be arranged for orders that include preparation, such as wiring, shelving, electrical kits…
7.2.2. DELIVERY DELAY
In the event of a delay in the delivery of your order, VIRVOLT will make every effort to inform you. You can also notify us of the delivery delay yourself by email: contact@virvolt.fr. VIRVOLT is committed to doing what is necessary to determine the cause of the delay and to find an appropriate solution with a view to the effective delivery of the ordered products as soon as possible.
No financial compensation can be claimed from VIRVOLT in the event of a delay livraison.VIRVOLT is under no obligation to refund a package due to delivery delays.
7.3 RECEIPT OF THE PACKAGE
When you receive your package, we invite you to check its condition before accepting the delivery.
The customer is obligated to verify the conformity of the delivered goods before signing the carrier's delivery note. If the customer detects any anomaly concerning the delivery (damage, missing product, damaged package, broken products, with the presence of tape bearing the carrier's name), they must refuse the package or note their reservations on the delivery note, specifying the damage to the products.
If you entrust the receipt of the product to a third party (building concierge, receptionist at work, etc.), they receive the package on your behalf. Therefore, you must ask them to be vigilant in following the handling instructions and remind them to treat the package with the same care as if they were the intended recipient. If you, or your representative, decide to accept a damaged package, you must be attentive and note sufficiently precise reservations, having the carrier sign alongside them. When placing the order, the customer selects, or the quote specifies, a carrier with or without insurance.
Carrier without insurance: Selecting or confirming a shipment via tracked letter with La Poste, Mondial Relay, or DPD without insurance, or via DPD Relay without insurance, means that the package and goods are not insured against theft, loss, or damage. Therefore, no claim can be made against Virvolt.
Carrier with insurance: Selecting or confirming a shipment via DHL, TNT, DPD Insurance, DPD Relay Insurance, or La Poste registered mail means that the package and goods are insured against theft, loss, and damage. However, the insurance can only be used if the following procedure is strictly followed:
In case of damage or missing items, you must note this with the delivery driver. This note can be made directly on the delivery slip in the presence of the carrier, provided they do not contradict it with a contrary statement.
Following your reservation, if a product is damaged or missing, any claim must be made within the legal period of 3 working days (article: L.133-3 of the Commercial Code) following the date of delivery and by Registered Letter With Acknowledgement of Receipt to the attention of VIRVOLT at 134 rue d'Aubervilliers in the 75019 in Paris under penalty of inadmissibility and therefore not taking charge.
To be admissible, the registered letter with acknowledgment of receipt must clearly state:
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photos of the package;
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a photo of the shipping label;
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photos of the damaged equipment;
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the extent of the damage;
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the extent of the damage
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the nature of the damage, precisely defined;
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the quantity of material concerned (Versailles, 06/11/03).
Any protest made after this deadline is null and void (Com.08/06/10). Consequently, as the insurance cannot be activated, no compensation can be provided by VIRVOLT.
The choice of compensation, repair or replacement of the product will be decided by VIRVOLT based on the product concerned, the damage observed, the reservations made by the customer and the compensation validated by the carrier.
8. RETURNS/AFTER-SALES SERVICE
All requests for RETURNS or AFTER-SALES SERVICE must be submitted by email including a description of the problem, the product reference and the invoice.
If a return has been made by the customer without the prior agreement of VIRVOLT or if a package arrives damaged, then VIRVOLT reserves the right to refuse the package or to return the package at the customer's expense.
To open a case, the returned product must be accompanied by a copy of the invoice, a copy of the email exchanges with VIRVOLT, and an explanation of the problem. Furthermore, it must be sent in its original packaging (for returns) or in suitable packaging with appropriate protection (for after-sales service). Return shipping costs are the responsibility of the customer.
VIRVOLT reserves the right to add product refurbishment or handling fees if the products have been damaged during transport or by the customer.
Upon receipt of the product, VIRVOLT reserves the right to accept or refuse any request for warranty coverage, return, or exchange. If the returned product is covered under warranty, then the repairs and return shipping costs to the customer will be borne by VIRVOLT.
If the product is not covered under warranty, VIRVOLT will provide a quote including repair and return shipping costs, which will be borne by the customer. If the product is exchanged, the return shipping costs will also be borne by the customer.
If the product is exchanged for a more expensive product, the difference will be charged to the customer, and if the product is exchanged for a cheaper product, VIRVOLT will decide to issue a credit note (to be deducted from a future invoice).
8.1 RETURN
All returned products must be in perfect condition, without any signs of installation or use.
Purchase from a private individual via the internet: Goods sold under conditions accepted by the buyer cannot be returned beyond the legal period of 14 days (for more information see the following chapter no. 9).
The only exceptions to the return of goods will be made after agreement from VIRVOLT and according to the following conditions:
- error in order preparation (proof from the buyer proving the anomaly);
- Technical defect of the product. The customer has a legal right of withdrawal of 14 days from receipt of their order. (For more information, see the following chapter, number 9). To ensure better processing and tracking of the return, a return request must be made to VIRVOLT by email (contact@virvolt.fr) specifying which product is concerned, as well as the problem encountered and the circumstances.
The right of withdrawal does not apply:
- for orders validated in store, even if they are shipped.
- for orders collected in store, even if the order was validated online;
- For prototypes, refer to chapter
8.2 After-Sales Service
To avoid any unnecessary transport costs, before any return for after-sales service, a pre-diagnosis and/or fault finding must be carried out by email with our technical service or by visiting the assembly partner.
If the repair can be carried out by the customer, VIRVOLT reserves the right to ask the customer to carry out the repair with parts shipped by VIRVOLT: if the fault is not covered under warranty, the parts and shipping will be at the customer's expense.
A quote will be issued and must be approved before the spare parts are shipped.
The trade discounts granted to professional customers take into account the customer's responsibility for diagnosis and repairs that can be carried out by them (excluding parts if the breakdown is covered under warranty).
9. RIGHT OF WITHDRAWAL
Purchase from a professional or a public body:
Any product intended for a PROTOTYPE or PROJECT use is non-returnable. Any product for which VIRVOLT has performed any research and development work is non-refundable and non-returnable if the performance of the received equipment does not meet the customer's expectations.
For any return related to a change of mind or an order error, on the part of a professional or a public body, an administrative fee of €50 excluding VAT will be charged.
RIGHT OF WITHDRAWAL (only for individuals with a purchase on www.virvolt.fr)
In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code, you have a period of fourteen calendar days from the receipt of the last product in your order to exercise your right of withdrawal without having to give reasons or pay penalties, with the exception of return costs which remain your responsibility.
The transport of the returned products is your responsibility; any damage suffered by the products on this occasion may invalidate your right of withdrawal.
You must inform VIRVOLT of your decision to withdraw by sending them, before the expiry of the period provided for in Article L 221 – 18 of the Consumer Code, the withdrawal form mentioned in point 2° of I of Article L 221 – 5 of the same Code or any other unambiguous statement expressing your wish to withdraw.
Your letter must be sent by registered mail with acknowledgement of receipt to the following address: VIRVOLT, 134 rue d'Aubervilliers, 75019 Paris.
Remember to include your full name, address, and a copy of your invoice with your letter. You must then return the goods to VIRVOLT without undue delay and, at the latest, within fourteen days of notifying them of your decision to withdraw from the contract, in accordance with Article L 221-24 of the French Consumer Code.
Only items returned in impeccable condition, without any trace of use or installation, allowing them to be resold by VIRVOLT (this assuming that they are returned in their original packaging or in packaging allowing equivalent protection of said items during their return transport) will be accepted.
Consequently, incomplete, damaged, or soiled returned items will not be accepted.
9.1 EXCEPTIONS
In accordance with Article L. 221-28 3° of the Consumer Code, the right of withdrawal cannot be exercised for goods made to the consumer's specifications or clearly personalized:
- Customized cabling according to customer specifications: specific cable lengths, specific connectors, addition of functions.
- Special order (product not listed in the VIRVOLT catalogue or not stocked at VIRVOLT).
- Wheel spoke by the cut.
- Spokes on a rim supplied by the customer or ordered specifically for them.
- Spokes on a rim not shown in the product sheet of the engine or kit.
- Custom painting.
- Programming of engine controller maps.
- Any product modified following a customer request.
- Prototyping.
- Any product not listed in the VIRVOLT online store
9.2 REFUND IN THE EVENT OF WITHDRAWAL
In accordance with current legislation, the customer has a period of 14 days to exercise their right of withdrawal from the date of receipt of the product.
Virvolt will then proceed with a full refund of the sums paid, with the exception of delivery and return costs.
In case of withdrawal after the kit has been shipped, Virvolt reserves the right to charge the customer:
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the initial shipping costs,
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the costs of returning the product, which remain the responsibility of the customer.
The product must be returned in its original condition, complete and unused, in order for a refund to be issued.
10.GUARANTEE
The warranty period begins on the date of shipment from VIRVOLT. If a warranty period is specified on the quote and invoice, it supersedes the warranty period stated in these Terms and Conditions. If a specific warranty is specified on the quote and invoice, it either supplements or supersedes the warranty specifications stated in these Terms and Conditions. Only the customer who purchased goods from VIRVOLT is entitled to any warranties stipulated below (subsequent purchasers of the customer are not covered by VIRVOLT's warranty).
10.1 LEGAL NOTICES FOR INDIVIDUALS
It is reminded that the consumer, within the framework of the legal guarantee of conformity:
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benefits from a period of two years from the delivery of the goods to take action;
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may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
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The consumer is exempt from providing proof of the existence of a lack of conformity of the goods during the twenty-four months following delivery; however, this period is reduced to six months for the sale of second-hand goods. The legal guarantee of conformity applies to VIRVOLT's customers independently of any commercial guarantee that may cover the goods. It is reminded that the consumer may choose to invoke the guarantee against hidden defects in the goods sold, as defined in Article 1641 of the French Civil Code, and that in this case, they may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the French Civil Code. Article L217-4 of the French Consumer Code states: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision."
To benefit from the legal guarantee of conformity or the guarantee against hidden defects, contact our Customer Service: Email: contact@virvolt.fr
By mail: VIRVOLT, 134 rue d'Aubervilliers, 75019, Paris.
To optimize the processing of your requests, please remember to include in your letter your first and last name, the email address you used to place your order, and the order number in question.
10.2 COMMERCIAL WARRANTY FOR INDIVIDUALS
Before any delivery or shipment, VIRVOLT checks that the product is functioning correctly. All measures to be taken to keep the product in good working order and condition are specified in the installation and user manuals, which are available for self-service on the VIRVOLT website or can be sent by email. All motor kits and Lithium batteries are guaranteed for 2 years. The warranty does not cover equipment used in competition, damage due to wear and tear, misuse, lack of or improper maintenance, products modified by the customer, products used on a vehicle other than a bicycle, products showing signs of oxidation and/or moisture and/or rust, damaged motor gears, motor windings showing signs of overheating, broken wheel spokes, warped and/or damaged rims, broken, bent and/or twisted motor shafts, and damaged threads.Use at a voltage exceeding 48V (54.6V max) is not covered by the warranty unless specifically stated in writing by VRIVOLT on the sales contract. Regarding batteries, any sign of impact or oxidation will void the warranty. Loss of autonomy will be covered under the warranty if it exceeds 30% of the battery's nominal capacity in the first year and 50% in the second year.
10.3 COMMERCIAL GUARANTEE FOR PROFESSIONALS AND PUBLIC ORGANIZATIONS
Before any delivery or shipment, VIRVOLT checks that the product is functioning correctly. The warranty does not cover damage due to wear and tear, misuse, lack of or improper maintenance, products modified by the customer, products showing signs of oxidation, moisture, and/or rust, damaged motor gears, motor windings showing signs of overheating, broken wheel spokes, warped and/or damaged rims, broken, bent, or twisted motor shafts, and damaged threads. Use at a voltage exceeding 48V (54.6V max) is not covered by the warranty unless specifically stated in writing by VIRVOLT on the quote. Regarding batteries, any sign of impact or oxidation will void the warranty. The loss of autonomy will be taken into account under the warranty if it exceeds 30% of the nominal battery capacity during the first year.
10.3.1 Reseller partners of electric bicycle kits
Electric motor kits and lithium batteries intended for use on bicycles benefit from the same warranty conditions as those offered to individuals.
10.3.2 Professional operators
Lithium motors and batteries used for professional purposes on a bicycle are covered by a one-year warranty. Warranty exclusions are the same as those specified for private customers in section 10.2. For any other type of vehicle or machine, the warranty is void unless otherwise agreed in writing by VIRVOLT on the sales agreement.
10.3.3 Manufacturers
For manufacturers wishing to use VIRVOLT's Lithium motors and batteries, regardless of the type of vehicle or machine, the duration and conditions of the warranty will be determined on a case-by-case basis and mentioned on the quotes and invoices.
10.3.4 Prototype
Any quote or product marked "PROTOTYPE" is subject to the following: Given the highly specific application in which the components of a prototype will be used, VIRVOLT cannot be held responsible for any failure or inadequacy between the motor's performance and the intended purpose. As VIRVOLT has never signed a contract for intellectual services and has never invoiced any research and development services to the signatory of this quote, no refund or return of equipment will be granted if the performance of the received equipment does not meet the signatory's expectations. The equipment used to manufacture a prototype is not covered by the warranty.
11. USE OF PRODUCTS
All our electric kits (batteries + motors + controllers + electronic accessories) are:
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designed to be used within a specific range of current, charge and discharge (see technical data sheets).Any misuse, such as failure to respect these ranges, could lead to deterioration, total destruction or explosion of the products, potentially causing material and/or bodily damage;
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Splash-proof but not waterproof. This means our products should not be immersed in water, washed with a hose, or pressure-washed.
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Designed for use as pedal assist for bicycles. This means that any use on a vehicle other than a bicycle may cause overheating and/or mechanical damage, potentially resulting in property damage and/or personal injury. Any motor used on a vehicle may cause deformation of the frame and/or fork, potentially resulting in property damage and/or personal injury. Improper tightening of the motor may result in the motor cables being pulled out, the motor axle being damaged, and the wheel coming off, potentially causing property damage and/or personal injury. Our batteries are designed to work with our electric kits.
This means that damage, total destruction, or explosion of the battery may occur as a result of misuse such as:
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the use of excessively high charging or discharging currents;
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storage in extreme temperatures (below 0°C and above 40°C);
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immersion in water and fire;
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long-term storage (more than 3 months) without recharging or use.
Other examples of misuse:
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Motorcycle use, without pedaling;
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Burn out (drive wheel slippage);
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Sudden stoppage of the motorized wheel during rotation (landing from a jump, passing an obstacle...);
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Show jumping;
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Keeping the engine accelerating while it is under load (steep climb, passing an obstacle...);
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Simultaneous acceleration and braking;
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Use with inappropriate current and voltage;
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Towing (trailer, tag-along bike for child...).
12. RESPONSIBILITY
The products offered comply with current French legislation and applicable standards in France. However, the buyer acknowledges that any electrical kit meeting the following criteria:
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maximum power is 250 W;
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maximum speed is 25 km/h;
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The assistance only activates when pedaling and deactivates when pedaling stops. However, it is permitted to activate starting assistance without pedaling, but it must not exceed 6 km/h.
is not required to register his vehicle and is authorized to circulate on public roads according to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 on the type-approval of two- or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (Text with EEA relevance).
VIRVOLT cannot be held liable for any failure to comply with the laws of the country where the product is delivered (for example, if a product is prohibited). It is the buyer's responsibility to check with local authorities regarding the import or use of the products or services they intend to order. Photos are for illustrative purposes only. Please refer to the description of each product for its precise specifications; and if you have any questions or require further information, please do not hesitate to contact VIRVOLT.
VIRVOLT cannot be held liable for any compensation or reimbursement, nor be responsible for damages of any kind, whether material or immaterial, financial or physical, that may result from:
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due to improper installation of the products;
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from the misuse of the products
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of a modification made by the customer to the product;
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failure to comply with the instructions given in the user manuals;
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from any handling error;
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of any abnormal use or use not in accordance with the use for which the product is intended;
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of a loss of type approval for the vehicle on which the equipment was installed;
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from any cause of external origin;
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of the total or partial impossibility of using the products, in particular due to hardware incompatibility;
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of a loss of yield or a decrease in production for professionals and companies.
13. FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
14. SELLER'S CONTACT INFORMATION
The Seller's contact details are as follows:
VIRVOLT - RETRO FUTURIST SAS
134 rue d'Aubervilliers, 75019 Paris
contact@virvolt.fr
15. PROTECTION OF PERSONAL DATA
In accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is noted that the personal data requested from the Customer is necessary for processing their order and issuing invoices, among other things. The Customer provides this information knowingly, particularly when they enter it themselves. This data may be shared with the Seller's partners responsible for the execution, processing, management, and payment of orders.The processing of information communicated via the website www.virvolt.fr The website complies with legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data. In accordance with applicable national and European regulations, the Customer has the right, at any time, to access, modify, rectify, object to, erase, and transfer all of their personal data by submitting a written and signed request to the Seller's address mentioned above, accompanied by a copy of their identity document bearing the holder's signature, specifying the address to which the response should be sent. No personal information of the website user is shared with the website. www.virvolt.fr This information is not published without the Client's knowledge, exchanged, transferred, assigned, or sold on any medium whatsoever to third parties. Only in the event of the acquisition of VIRVOLT and its rights would such information be transmitted to the prospective buyer, who would in turn be bound by the same obligation to retain and modify the data with respect to the website's Client. www.virvolt.fr.
16. WEBSITE
VIRVOLT owns the website www.virvolt.fr and holds all related rights. Any copying or downloading of all or part of the website or its content is strictly prohibited and may constitute an infringement of copyright.
17. APPLICABLE LAW AND DISPUTES
These general terms and conditions of sale are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute. For individuals: All disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences, and subsequent effects, which cannot be resolved amicably between the seller and the customer, shall be submitted to the competent courts under the applicable laws. The Customer is informed that they may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission (French Consumer Code, Art. L 612-1) or with existing sector-specific mediation bodies, whose contact details are available on the website, or to any other alternative dispute resolution method (conciliation, for example) in the event of a dispute. For professionals: Dispute resolution procedures: In order to find a mutually agreeable solution to any dispute arising from the performance of this contract, the contracting parties agree to meet or speak within fifteen days of the sending of a registered letter with acknowledgment of receipt, notified by one of the parties. This amicable settlement procedure is a mandatory prerequisite to initiating legal action between the Parties. Any legal action brought in violation of this clause will be declared inadmissible. However, if, after a period of fifteen days, the Parties are unable to reach a compromise or solution, the dispute will then be submitted to the jurisdiction designated below. Jurisdiction: All disputes arising from this contract and any related agreements, concerning their validity, interpretation, performance, termination, consequences, and subsequent effects, will be submitted to the courts of Paris.
APPENDIX 1 - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
Article L217-5 of the Consumer Code To be in conformity with the contract, the goods must: Be fit for the purpose usually expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; possess the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; Or possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.
Article L217-12 of the Consumer Code The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.
Article 1641 of the Civil Code The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
Article 1648 paragraph 1 of the Civil Code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX 2 - Withdrawal form (for individuals and online purchases)
This form should only be completed and returned if the Customer wishes to withdraw from the order placed on www.virvolt.fr except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of VIRVOLT, 134 rue d'Aubervilliers, 75019, Paris
Order dated [Date], Order Number: ...........................................................
Customer Name: ...........................................................................
Customer Address: .......................................................................
Customer signature (only if this form is submitted on paper):