Terms and Conditions - CT Concept
1 ‘ PURPOSE –
The purpose of these general conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer, which apply, without restriction or reservation, to all sales of products offered by SAS CT CONCEPT. Consequently, the fact that any person orders a product offered for sale by SAS CT CONCEPT via any communication channel implies full and complete acceptance of these general conditions of sale, which the buyer acknowledges having read prior to ordering. All SAS CT CONCEPT products are offered for sale and export worldwide, with the exception of countries where an authorized distributor is located. Shipping costs and customs formalities are to be considered on a case-by-case basis and in addition to the advertised price, including for other countries of the world. Prior to placing an order, the purchaser declares that he/she has full legal capacity to enter into commitments under the present terms and conditions of sale. SAS CT CONCEPT reserves the right to derogate from certain clauses of the present GSC, depending on the negotiations conducted with the customer, by establishing special conditions in the quotation and/or contract. SAS CT CONCEPT reserves the right to modify these general sales conditions at any time.
2 ‘ CORPORATE IDENTITY
CT CONCEPT is a SAS with capital of €50,000, registered with the RCS of Avignon under no. 518 803 416 – Siret: 518 803 416 000 65 – N° IE: FR 58518803416 – EORI: FR51880341600065 NAF: 7112B – Head office: 64 Allée des Entrepreneurs -Zone Artisanale Bellecroix- 84210 Venasque [FR] – Tel 04 90 34 62 45 – contact@trotrx.com – www.trotrx.com
3 ‘ PRODUCTS –
These are all the items sold by CT CONCEPT, mainly the motorized scooter-like bike SH 87116090 and the motorless scooter SH 95030010 and their components, most of which come from the world of bicycles. These are EPDMs that are out of the regulatory gauge (exceeding 1m65 in length) as defined by the French Highway Code, and therefore cannot be used on roads open to the public. This regulation applies ONLY to France. Persons under 14 years of age may not use EPDMs. European standards are overridden by national regulations and are constantly evolving. In the event of a change in regulations requiring product replacement, dismantling and replacement will be at the customer’s expense. Similarly, it is the responsibility of the European customer to ensure that the products conform to the regulations in force in his country, and to check customs clearance procedures. All expenses relating to these operations remain the responsibility of the customer. Since 2008, our TROTRX brand and logos, as well as our Scoot models, have been protected by Community trademarks, designs and models. Any unauthorized imitation, use and/or reproduction, in whole or in part, will be considered an infringement of copyright.
4 ‘ PRODUCT PRICES –
Sales prices are given in euros and include all taxes for private customers (TTC) and exclude taxes for professionals (HT). They may be modified at any time without notice. Prices are those applied at the time of ordering, subject to availability of stock and to typographical errors or changes in the French VAT rate. Any change in this rate will be immediately reflected in the sales prices. Prices do not include shipping costs (unless otherwise stated), which are invoiced in addition to the price of the products purchased. Where applicable, taxes applicable in the Customer’s country, customs duties, import/export taxes, transport/transit taxes, etc. shall be borne by the Customer.
5 ‘ PRODUCT FEATURES – AVAILABILITY AND SELECTION
5.1 CHARACTERISTICS :
In accordance with article L 111-1 of the French Consumer Code, the buyer must, prior to placing an order, familiarize himself/herself with the essential characteristics of the product(s) he/she wishes to order on the www.trotrx.com website.
5.2 AVAILABILITY :
The offers presented on the www.trotrx.com website are valid while stocks last. SAS CT CONCEPT reserves the right to modify the assortment of products, in particular according to constraints linked to its suppliers. The photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding on SAS CT CONCEPT. In the event that one of our suppliers modifies one or more of their products, SAS CT CONCEPT cannot be held responsible for the graphic representation of this product, nor can it affect the validity of the sale. In the event of unavailability of the product ordered, SAS CT CONCEPT will inform the buyer as soon as possible. In any case, the products ordered will be delivered within a maximum of 30 days after receipt of the deposit or according to the agreements made at the time of the order.
5.3 PRODUCT SELECTION :
The purchaser selects, under his sole responsibility and according to his needs as determined before any order, his choice of product(s). In addition, the purchaser, being familiar with the hardware, configurations and other equipment he/she uses, is the sole judge of the compatibility of the products ordered with those he/she uses, or intends to use. It is the sole responsibility of the purchaser, if he does not consider himself sufficiently competent, to seek the assistance of an advisor.
6 ‘ CONTROL –
Any order implies unreserved acceptance of these terms and conditions of sale. Once the purchaser has signed the order form, he/she accepts the approximate delivery dates indicated on the order form. The purchaser is deemed to have accepted, with full knowledge and without reservation, the present terms and conditions of sale, and the prices, volumes and quantities of the products offered for sale and ordered. The buyer’s order must be confirmed by SAS CT CONCEPT as soon as the 50% deposit has been received. The sale will be considered definitive only after receipt of the deposit and full payment stipulated when the quotation and/or order was drawn up, and before the goods are dispatched.
7 ‘ PAYMENT TERMS –
To pay his order, the buyer has all the means of payment referred to in the order form: bank transfer, check, online payment on the site www.trotrx.com. The buyer declares that he is 18 years old and guarantees SAS CT CONCEPT that he has the necessary authorizations to use the method of payment he has chosen when registering the order form. SAS CT CONCEPT reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the buyer, or in the event of a payment incident. Any professional in default of payment is automatically liable for a fixed indemnity for collection costs, the amount of which is set by decree at 40 euros. Unless otherwise indicated on the order form, no discount will be granted for early payment. Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions herein. SAS CT CONCEPT reserves the right to request a photocopy of the buyer’s identity card for any payment by cheque. SAS CT CONCEPT reserves the right of ownership of delivered products until full payment of the invoice. As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.
8 ‘ ONLINE SALES –
SPECIFICATIONS 8.1 – Creation of a customer account:
A customer wishing to place an order online must first create an account, indicating his or her identity (surname, first name, full postal address required for delivery and invoicing), e-mail address and telephone number. For professionals, the name of the company, the Siret and European Identification number: IE (VAT number) and the person in charge of the order and accounting will be added. Once this has been done, you can log back in using your login details, which consist of your e-mail address and password. They can change their password at any time, directly in their personal account. For professionals, this operation may be carried out after validation of the professional account by SAS CT CONCEPT. Identifiers are strictly personal and must be kept confidential. Any action carried out using these identifiers will be considered to have been carried out by the Customer.
8.2 – On-line ordering:
After logging in to their account, customers select their products after reading their specifications, choose their delivery and payment method and finalize their order by clicking on “ORDER” after having read and accepted the General Terms and Conditions of Sale. The customer then clicks on “ORDER”, after having read and accepted the terms and conditions. He then confirms his order with a second click, in accordance with the provisions of articles 1125 to 1127-3 of the French Civil Code. The double-click procedure constitutes consent on the part of the Customer, and leads to the payment of the sums due for the execution of the order. In accordance with article L221-14 of the French Consumer Code, any order confirmed by the second click implies the Customer’s obligation to pay.
8.3 – Order confirmation :
In order to confirm the conclusion of the contract on a durable medium, an e-mail will be sent to the e-mail address provided by the Customer, containing a PDF version of the General Terms and Conditions of Sale in force on the date of the order, as well as all the elements covered by the general obligation to provide information (article L221-5 and L221-11 et seq. of the French Consumer Code). The Customer is strongly advised to keep this acknowledgement of receipt e-mail, in particular specifying the order number. This email may be necessary in the event of the Customer requesting an exchange of the product.
8.4 – Order fulfilment – Unavailability of Products
CT CONCEPT undertakes to honour orders, but can only fulfil this obligation within the limits of available stocks. In the event of stock shortage, the Customer will be informed as soon as possible.
8.5 – Proof of transaction
The customer expressly accepts that SAS CT CONCEPT keeps in its computer system the exchanges, orders and payments between the Parties as well as the archiving of order forms and invoices on a reliable and durable medium that can be produced as proof.
8.6 – Payment by credit card
Communication of the credit card number on our online sales site constitutes authorization by the customer to debit his/her account up to the total amount corresponding to the products ordered.
Our online sales site benefits from a high-performance security system using SSL (Secure Socket Layer) encryption. This means that only the bank has access to confidential information (card number, validity date), which is inaccessible to any third party. In the event of refusal by the bank, the Customer will be informed by email and the order will be automatically cancelled.
9 ‘ DELIVERY TIMES AND ACCEPTANCE –
The products will be delivered to the address indicated by the buyer on his online sales account or on the order form previously signed and returned by post to SAS CT CONCEPT by the buyer. SAS CT CONCEPT may have to split orders; thus, available items may be sent to the buyer first, and the rest of the order will be sent later, as soon as the products are available, at SAS CT CONCEPT’s expense.
For all purchases, SAS CT CONCEPT offers its customers delivery by La Poste in Colissimo Suivi within 48/72 hours (working days), or by private carrier within 48/72 hours (working days). These delivery times are given as an indication only. Any delay shall not give rise to damages, withholding or cancellation of the order by the purchaser. In the event of force majeure or exceptional events (natural disaster, epidemic, strike, etc.) delaying or prohibiting the delivery of products, SAS CT CONCEPT is released from all liability. SAS CT CONCEPT cannot be held responsible for any delays in delivery attributable to the manufacturers of the products’ components or to the companies in charge of shipping them. A delay in delivery of the Products of less than ninety (90) calendar days from the announced delivery date shall not constitute sufficient grounds for cancellation of the order concerned by the Customer if the delay is attributable to the manufacturers or the companies in charge of their shipment or to the Customer himself.
9.1 ‘ QUALITY OR CONFORMITY PROBLEMS –
In the event of delivery of a product that does not correspond to the order (defective or non-conforming), the purchaser must lodge a complaint within 14 days of signing the delivery note. ATTENTION: It is the buyer’s responsibility to check the contents of the parcel BEFORE signing for receipt by the carrier (see Art. 18). Complaints must be addressed to SAS CT Concept by registered letter with acknowledgement of receipt, to the address indicated in paragraph 2 of these GCS, and must include the buyer’s contact details, the product references and the reasons for the complaint. The product(s) must be returned within 14 working days of the allocation of a return number by SAS CT CONCEPT’s customer service department. Failing this, SAS CT CONCEPT will not exchange or reimburse the product(s) ordered. Any product to be exchanged or reimbursed must be returned to SAS CT CONCEPT in its original condition and packaging and include the entire product and its accessories. Shipping costs and all risks related to the return of the product are the responsibility of the buyer.
NB: Battery. When the customer sends his battery for exchange, reconditioning or inspection to SAS CT CONCEPT, he agrees to transfer the risks and ownership of his battery to SAS CT CONCEPT. The transfer of risk and ownership will occur upon receipt of the package by SAS CT CONCEPT. SAS CT CONCEPT cannot be held responsible for any problems that may occur during transport. The transfer of risk occurs upon receipt of the battery by SAS CT CONCEPT. In the absence of compliance with the procedure set out above and the time limits indicated, the purchaser may not make any claim for non-conformity or apparent defect of the products delivered, the products then being deemed to be in conformity and free of any apparent defect.
10 ‘ RIGHT OF WITHDRAWAL –
In accordance with article L 121-16 of the French Consumer Code, the buyer has a period of 14 clear days from the day following the date of receipt of the order to return the goods at his expense to CT CONCEPT for exchange or reimbursement without penalty. Products must be returned to SAS CT CONCEPT in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the invoice corresponding to the purchase. Similarly, if the product includes a warranty certificate or any other document to be completed, this must not be filled in for the buyer to exercise his right of withdrawal. Any product that is incomplete, damaged or whose original packaging has been damaged will not be refunded or exchanged. The exercise of the right of withdrawal will give rise, at the purchaser’s choice, to a refund in cash, by bank transfer or cheque. This right may be exercised by means of a retraction form which may be downloaded from the following address: https: //trotrx.com/wp-content/uploads/2024/11/FORMULAIRE-RETRACTATION.pdf or any other unambiguous statement expressing this wish.
11 ‘ RETENTION OF TITLE –
SAS CT CONCEPT reserves ownership of the goods until full payment of the price, in principal, costs and taxes included. During the period between delivery and transfer of ownership, the risks of loss, theft or destruction are borne by the buyer. Should the purchaser fail to meet his payment obligations, the seller is entitled to demand immediate return of the goods delivered, at the purchaser’s expense and risk. Our right of reclamation covers both the goods and their price if they have already been resold. (Law of May 12 1980).
12 ‘ WARRANTY CONDITIONS –
The general terms and conditions of sale, the warranty period and the method of receipt of goods are also available on the www.trotrx.com website, in the After Sales section, see “WARRANTY, AFTER-SALES SERVICE, EXCLUSION”. The purchaser shall be deemed to have consulted and accepted these instructions BEFORE SIGNING THE SALES OFFER. In the event that the manual is not delivered with the product, SAS CT CONCEPT will send the consumer the manual written in French or an Internet link allowing access to it. Any product return, under the aforementioned warranty, must be subject to prior agreement by SAS CT CONCEPT. To this end, the purchaser will contact SAS CT CONCEPT’s after-sales department. If the product is found to be defective, SAS CT CONCEPT will give the buyer its agreement. No return will be accepted without prior authorization from SAS CT CONCEPT. The defective product must be returned in its original packaging with all the product and accessories. Any product that is incomplete, damaged and/or whose original packaging has been damaged will not be accepted for return or exchange under the warranty. All costs and risks associated with the return of the product shall be borne by the purchaser. The product under warranty will be, at the manufacturer’s discretion, exchanged or repaired. SAS CT CONCEPT guarantees the purchaser, with regard to hidden defects that may affect the products delivered, only within the framework of a replacement of the defective products or parts making them unfit for their use, without being able to be considered by the purchaser as responsible for the possible harmful consequences that these hidden defects could have caused. In any event, warranties do not cover the replacement of consumables, abnormal and/or non-compliant use of products. (Including product modification), defects and their consequences resulting from intervention by the purchaser or a repairer not approved by SAS CT CONCEPT, as well as defects and their consequences resulting from non-compliant use of the product for its intended purpose (professional or collective use, etc.).
13 ‘ RESPONSIBILITIES –
The products offered by SAS CT CONCEPT comply with current French legislation. SAS CT CONCEPT cannot be held responsible for the non-execution of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications. SAS CT CONCEPT cannot be held responsible for any indirect damage that may arise from the purchase of products. The www.trotrx.com website also contains information from third parties and links to other websites. SAS CT CONCEPT cannot be held responsible for any damage resulting from the use of, access to, or inability to use this third-party information, nor for the content disseminated on other websites, social networks, applications, etc., which may be linked to this site.
14 ‘ DISPUTES & APPLICABLE LAWS –
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope. The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be construed as a waiver of the obligation in question for the future. Sales of products by SAS CT CONCEPT are subject to French law and to the competent jurisdiction.
15 ‘ INFORMATION TECHNOLOGY AND CIVIL LIBERTIES –
SAS CT CONCEPT takes particular care to ensure the protection of its customers’ personal data and compliance with French privacy laws. Generally speaking, the information requested enables us to process the order in the best possible way, as well as to organize the management of commercial relations and the services expected. All personal data collected from customers is intended solely for SAS CT CONCEPT and is treated with the strictest confidentiality. This information is processed internally for the purpose of managing orders and sending documentation and offers. Information communicated by our customers is neither sold nor transferred. This is our formal guarantee.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the buyer has the right to access, rectify, oppose and delete data concerning him/her by contacting SAS CT CONCEPT. The www.trotrx.com website is registered with the CNIL under number 1663580.
16 ‘ OBLIGATIONS D’INFORMATIONS
According to a letter from the Ministry of Ecological and Solidarity Transition dated August 22, 2019, it is specified that the law (known as the Badinter law of July 5, 1985) lays down that civil liability insurance is compulsory for all users of a “self-propelled vehicle intended to travel on the ground and which can be operated by mechanical force without being linked to a track”. This means that EDP (Engins de Déplacements Personnels) motorized vehicles fall into the category of land motor vehicles (VTM).
17 ‘ WARRANTIES, SERVICE & EXCLUSIONS –
Legal warranties for hidden defects and conformity are valid for two years and apply to the product, not the purchaser.
– The legal warranty covers hidden defects. The warranty applies if several conditions are met: the defect was hidden, it existed at the date of purchase and it renders the product unusable. You must take action within 2 years of discovering the defect. You must prove the existence of the defect.
– The legal guarantee of conformity is a mandatory guarantee and a consumer right established by law. The product must conform to its intended use and to the seller’s description. The warranty period is 2 years from the date of delivery. Contracts must be concluded between a consumer and a professional seller. The warranty does not apply to sales between 2 private individuals or 2 professionals. (service-public.fr/garantie) The above legal warranty conditions apply to metropolitan France only. To activate the legal warranty of conformity, the following 2 conditions must be met: – The defect must have existed at the time of initial purchase
– The good must have been purchased from a professional
Trotrx Scoots are designed, assembled, prepared and tested with the greatest care before shipment; should an item be delivered defective, we will repair or replace it. In the event of replacement, returned products become the property of SAS CT CONCEPT. To benefit from this legal warranty, it is imperative to keep and present the proof of purchase (invoice) with the defective part(s) in the event of a warranty claim. The legal warranty is limited to the value of the product. Incidental or consequential damages are explicitly excluded from the warranty. Labor costs and damage attributable to work carried out by third parties other than an after-sales service authorized by SAS CT CONCEPT are not covered by the legal warranty. EXCLUSIONS: This legal warranty excludes damage caused by misuse or abuse, such as pulling another machine, negligence, accidents, exposure to extreme temperatures, water, overheating of the motor, or lack of regular maintenance. Legal warranties of conformity or hidden defects are different from the commercial warranty or the manufacturer’s warranty. These warranties (commercial and/or manufacturer) may or may not be offered to customers under conditions set by the seller and/or manufacturer (service-public.fr).
17.1 – OUR SPECIAL WARRANTY – THREE-PIECE FRAME
Designed and developed by our company for durability, the Trotrx frame comes with a five-year warranty for the first purchaser, from the date of delivery.
17.2 – ELECTRICAL SYSTEM – Electrical system components are covered by the two-year legal conformity warranty.
– batteries:- Exclusions: Misuse or failure to observe recommended storage conditions, exposure to temperatures below 5° and above 40°, battery discharged and unused for more than three months, battery showing signs of impact or oxidation, wear and tear, battery drops, modifications not carried out by us. Loss of autonomy is covered by the warranty ONLY if it exceeds 30% of the battery’s minimum capacity in the 1st year and 50% in the 2nd year-
– Motor – Exclusions : Burnt-out windings due to overheating, inappropriate use, wheel axle failure due to inappropriate tightening, acceleration maintained while the motor is forcing at a speed of less than 10km/h on hillsides, in mud, sand or snow.
Controller – Exclusions: Circuit failure due to water. NB: The controller is resistant to water projection, but not to immersion; scooter dropped in water, exposed to heavy rain, high-pressure cleaner, water jet.
Display – Exclusions: Breakage of mounting clamp due to fall or inadequate tightening. Immersion, scooter dropped in water, exposed to heavy rain, high-pressure cleaner, water jet…
The following finishes, paints, stickers and wearing parts are not covered by the warranty: gas pedal triggers, connection cables, tires, handles, inner tubes, brake pads, neoprene, backpacks and other accessories.
17.3 – REFURBISHED TROTRX:
The warranty conditions for a refurbished scooter are identical to those above.
18 ‘ TRANSPORT – RECEPTION METHOD PACKAGES
Transport: VD / Incoterms for France EXW -_ Other countries: FCA or CPT according to agreement. Goods travel at the consignee’s risk. How to receive parcels;
Receiving an order is a delicate moment, and you need to be vigilant to avoid any disputes. Here are a few useful tips:
1/ The deliveryman cannot force you to keep a defective parcel. If the deliveryman does not want to wait until after unpacking, write “The deliveryman did not wish to stay” in clear letters, have the driver sign it, and then send a registered letter to the carrier within 3 days.
2/ Don’t let yourself be influenced by a deliveryman in a hurry who asks you to carry out this examination after signing the delivery note. You have 15 minutes to open and check your parcel. Do not sign anything until you have checked the goods (condition, conformity with the delivery note and the order). Before signing the delivery note and accepting the parcel, it is necessary to:
– Check the condition of the goods.
– Check that the delivery note corresponds to the goods delivered. *
– Check that the goods delivered correspond exactly to the order placed. * * Nature of goods, quantity, etc…
NB: General formulas such as “unless verified later” or “subject to unpacking” have no legal value
For your complaint to be taken into account, it is essential to mention points A & B, set out below, on the carrier’s delivery note (receipt): A. Damaged goods:
– The nature of the damage to the goods.
– Specify the item(s) concerned and the number. (Ex: 1 handlebar broken…)
– Mention whether the packaging is torn, dented, soaked… B. Missing items:
– Mention the missing item(s) and quantity.
– Mention whether any packages are missing. (e.g.: stale carton, 1 package missing…)
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