General Terms and conditions of Sales

Version current at 18/03/2024

PREAMBLE

SODIUM CYCLES, a société par actions simplifiée (simplified joint stock company) with a share capital of 223,350 euros, having its registered office at Impasse des Saules, 64210 Bidart, registered in the Bayonne Trade and Companies Register under number 839 602 364 (“SODIUM CYCLES”), offers for sale to Individuals and Professionals, Electric two-wheeled vehicles, the XUBAKA and KOAST electric motorcycles and bicycles, based on innovative technologies and innovative design to offer a different user experience (the “Product(s)”) by mail order and via its website www. xubaka.com (the “Site”). XUBAKA and KOAST electric vehicles are sold with options and accessories that the Customer can choose. The Site is an Internet site accessible to all Internet users. As a user, the Customer is personally responsible for the computer and telecommunication means used to access the Site, and the costs of access and use are at the Customer’s expense. The purpose of the present General Conditions, which are completed by the legal notice and the privacy policy, is to inform Customers of the terms and conditions of sale and delivery of the Products offered for sale by SODIUM CYCLES. These Terms and Conditions are presented in the French language. Any Order, as this term is defined hereafter, placed with SODIUM CYCLES requires the prior acceptance and unreserved adherence to these General Conditions by the Customer, who thereby acknowledges having previously read them in a durable format. By validating his/her Order and accepting the General Conditions, the Customer declares (i) that he/she has full legal capacity and powers to this effect if he/she represents a legal entity and (ii) that he/she has a perfect understanding of the General Conditions and the elements relating to his/her Order. SODIUM CYCLES cannot be held responsible if a person who does not have the legal capacity or powers to contract purchases Products from SODIUM CYCLES. The legal guardians of this purchaser assume full responsibility for the Order, including payment of the Price. SODIUM CYCLES reserves the right to modify the present General Conditions at any time and without prior notice. The General Conditions applicable are those accepted at the time the Order is placed. In view of the possible dematerialization of exchanges, the Customer agrees that all data, information, files, order forms and any other computer element exchanged and stored in the computer systems of SODIUM CYCLES and/or its partners, shall have the value of proof of all communications, Orders and payments made within the meaning of Article 1366 of the French Civil Code. The present General Terms and Conditions may contain different wording depending on the Customer’s status (Individual or Professional). Unless otherwise specified, the provisions apply equally to Individuals and Professionals.

ARTICLE 1 DEFINITIONS

Deposit : has the meaning given to it in article 3.

Customer : refers to any person placing an Order, acting for his/her personal and private needs, in the case of an Individual, or acting in the context of his/her business, in the case of a Professional.

Quotation : Has the meaning given to it in article 4.2.

Individual: means, within the meaning of the French Consumer Code, any consumer, whether a natural person or a legal entity, who is acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity.

Order: refers to any order for Product(s) placed by a Customer, for which payment is required.

General Conditions: refers to the present general conditions of sale and use.

Order Confirmation: has the meaning given to it in article 4.3.

Contract: has the meaning given to it in article 4.3.

Documentation: has the meaning given to it in article 2.

Force Majeure: Force Majeure shall mean any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the Parties which cannot be prevented by the Parties, including but not limited to war, riot, strike, lock-out, commercial dispute or labour disruption, fire, flood, storm, earthquake, interruption of telecommunications services or difficulties specific to telecommunications networks, or blockage of means of transport or supply.

Detailed Notice: has the meaning given to it in ARTICLE 2.

Parties: refers to SODIUM CYCLES and the Customers.

Price: has the meaning given to it in ARTICLE 3.

Product(s): has the meaning given to it in the Preamble.

Professional: refers to any individual or legal entity acting in the context of the present General Terms and Conditions within the framework of its commercial, industrial, artisanal or liberal activity.

Customer Service: refers to the SODIUM CYCLES customer service department, whose contact details are given in article11.

Site: has the meaning given to it in the Preamble.

SODIUM CYCLES: has the meaning given to it in the Preamble.

User: refers to any user of the Site who is able to access the Site and browse its pages.

ARTICLE 2 OUR PRODUCTS 

The Customer has access on the Site to the descriptions and essential characteristics of the products offered for sale by SODIUM CYCLES. Also, on request, SODIUM CYCLES can send by e-mail any useful information as well as the technical documentation relating to the Product (the “Documentation”).

Upon request, the Customer may carry out a private trial prior to purchase. In this case, the SODIUM CYCLES team will contact the Customer to discuss the details. In this way, the customer has the opportunity to obtain all relevant information about the product before placing an order. For further information, please contact Customer Service, whose contact details are given in article 11. A user and maintenance guide is delivered with each Order (the “USER GUIDE”). The Products presented are offered for sale on pre-order and while stocks last. Products may be sold with or without accessories. Each Product is custom-made and assembled, and the customer can choose the color and add accessories. For this reason, there is a minimum lead time between the customer’s order and delivery. In the event of product unavailability, the customer will be informed and given an indication of how soon the desired product will be available. The SODIUM CYCLES team reserves the right to modify the selection of products offered for sale at any time. The SODIUM CYCLES team does its utmost to satisfy its Customers and strives to present and describe the Products as accurately and precisely as possible. SODIUM CYCLES also endeavors to present photographs that correspond to the Products sold. However, it cannot be ruled out that the Customer’s perception may differ from reality due to the digital representation mode, which is expressly acknowledged. It may happen that the color of the Product model is no longer available, depending on supplier availability. The Customer will be informed of this before the Order is validated. The SODIUM CYCLES team undertakes to do its utmost to correct any errors. To this end, it will be attentive to any comments sent to Customer Service.

ARTICLE 3 PRICES

Product prices are indicated in euros on the Site and in the Documentation, and include VAT applicable in France (the “Price(s)”). They do not include delivery charges, which are invoiced in addition and indicated before the Order is validated. Delivery charges for Products to French overseas departments and territories and to other countries will be quoted prior to confirmation of the Order. Prices take into account the VAT applicable in France on the date of the Order, and any change in the applicable VAT rate will automatically be reflected in the Price of the Products. Prices for countries outside the European Union do not include statutory VAT. Customs duties and any additional taxes will be borne by the Customer. SODIUM CYCLES reserves the right to modify the Price of Products at any time. They will be invoiced on the basis of the tariff in force at the time the Order is validated. Should one or more taxes or contributions, notably environmental, be created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products. The payment of a deposit of 20% of the Price must be made at the time of the Order, the validation of which is conditional upon this payment (the “Deposit”). The Customer is hereby informed that, in accordance with French legislation and regulations, the Deposit represents a firm commitment on the part of both SODIUM CYCLES and the Customer. The Deposit is an initial payment “to be applied” against the total Order Price. There is no possibility of renunciation for the Customer. Unless an agreement is reached with SODIUM CYCLES, the Deposit is non-refundable.

ARTICLE 4 HOW TO ORDER PRODUCTS 

4.1 The Customer’s personal information

Ordering any Product on the Site or remotely requires a certain amount of information from the Customer. To this end, the Customer must fill in a form on line on the Site or sent by SODIUM CYCLES by any other means, enabling him/her to enter his/her personal information, such as: surname, first name, delivery address, e-mail address, telephone number. The Customer undertakes to provide accurate and sincere information and to update it in the event of any modification. When providing this information, the Customer must first read SODIUM CYCLES’ privacy policy regarding the processing of personal data.

4.2 Placing an Order

All Orders are subject to compliance with the procedure put in place by SODIUM CYCLES, which comprises several successive stages leading to the validation of the Order and the obligation to pay. The Customer, guided by the SODIUM CYCLES team, completes the form in order to indicate his or her wish for an Order in relation to the Product and in particular: quantity, options chosen, etc. Once the form has been sent by the Customer, SODIUM CYCLES defines the Price of the Order calculated according to the options chosen by the Customer and according to the current price list. Also, depending on the options chosen, SODIUM CYCLES will indicate to the Customer the estimated manufacturing and delivery times. All these elements are summarized in the quotation which is then sent to the Customer, which summarizes all the above information (hereinafter the “Quotation”). Before finally validating his Order, the Customer has the possibility of checking: the options chosen, the Price as well as the information transmitted and in particular all the elements useful for delivery. In this way, the Customer will be able to identify and correct any errors that may have occurred in the data entered, before signing the Quotation.

Finally, before proceeding with payment of the Order, the Customer must read the present General Terms and Conditions, which will be appended to the Quotation. Validation of the Order is subject to its unreserved acceptance by means of a checkbox on the Quotation indicating the words “I have read the General Terms and Conditions of Sale and accept them unreservedly”. Validation of the Order is conditional upon (i) signature of the Quotation by the Customer, and (ii) payment by the Customer of a Deposit in accordance with article 3. In general, once the Quotation has been signed and the Deposit has been paid, SODIUM CYCLES requires a minimum of three (3) months to prepare the Order for delivery. The Customer is hereby informed that the Product Order is an order requiring payment of a Deposit and the balance of the Price prior to delivery.

4.3 Order Confirmation

The Order is processed by the SODIUM CYCLES team. As soon as payment of the Deposit has been received, an e-mail confirming the Order and containing a description of the Product(s) purchased and the delivery terms will be sent to the Customer (the “Order Confirmation”). The contract between the Parties is deemed to have been formed on the date of the Order Confirmation (the “Contract”). SODIUM CYCLES reserves the right to refuse an Order in the event of a payment incident, in the event of fraud or attempted fraud relating to the use of the Site, or in the event of an existing dispute or dispute relating to previous Orders, without this being considered as a refusal to sell. The Customer will be notified of this refusal by e-mail, and the Order will be reimbursed if the means of payment has been debited. In the event of unavailability of one or more Products, the Customer will be notified by e-mail, as soon as possible, of this unavailability and of the total or partial cancellation of the Order. The Customer will then be reimbursed for the amount corresponding to the Deposit paid, at the latest within fourteen (14) days of payment of the sums paid.

ARTICLE 5 PAYMENT METHODS 

Payment for Orders is made on the date indicated on the Quotation.

Payment for Orders shall be made the week prior to delivery, unless otherwise stipulated on the Order form.

5.0 LCR

Business customers may pay by unaccepted LCR draft within 30 days of invoice date.

5.1 Cheques

If the Customer chooses to pay by cheque, the Order will not be validated and prepared until the cheque has been validly cashed. Ordering by cheque is only possible for buyers whose bank is domiciled in mainland France. The Customer should send the cheque to the order of SODIUM CYCLES, to the following address: Impasse des saules, 64210, Bidart.

5.2 Bank transfer

In the case of payment by bank transfer, the Order will not be validated until the Customer has validated the transfer of the amount of the Deposit. SODIUM CYCLES will inform the Customer of the validation of the Order. Regardless of the method of payment used, any Order will only be dispatched once the Customer has paid the full balance of the Price to SODIUM CYCLES as well as the delivery costs, which must be done upon confirmation by SODIUM CYCLES of the availability of the product.

5.3 Payment in [3X, 4X or deferred without charge] by credit card with our partner FLOA.

Our financial partner FLOA, offers payment solutions for your purchases of goods and/or services, in deferred, 3 or 4 instalments by credit card. These
payment solutions are reserved for Individuals (natural persons of legal age) residing in France, holding a Visa or MasterCard bank card with a validity date corresponding to the duration of the refund. FLOA, RCS Bordeaux 434 130 423, headquartered at Immeuble G7 – 71 Rue Lucien Faure, Bordeaux
(33300), subject to the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09 and registered with the ORIAS
under number 07 028 160 (www.orias.fr).
FLOA reserves the right to accept or refuse your request for financing; you have a legal cooling-off period of 14 days.
We draw your attention to the fact that if you ask to pay for your order of goods and/or services by means of these payment solutions, your personal data will be transmitted to FLOA for the purposes of studying your request for financing, managing your credit contract and, where applicable, collection.

ARTICLE 6 DELIVERY OF PRODUCTS

6.1 Terms of delivery

SODIUM CYCLES will deliver the Product(s) ordered to the address indicated during the validation of the Order. SODIUM CYCLES is free to choose the carrier for deliveries. Once the Order has been dispatched, an e-mail is sent to the Customer informing them of the details of the delivery (expected date, time, etc…). If the Products are delivered outside France, the Customer is informed that the delivery may be subject to export controls. To this end, the Customer agrees to comply with all applicable export laws and regulations. The Customer shall bear sole responsibility for obtaining any export approvals and/or licenses, as well as any related costs, and shall be solely liable for any violation of applicable export laws and regulations.

6.2 Delivery deadlines

The deadline for delivery is indicated when the Order is validated, and is repeated in the Order Confirmation e-mail. In order for this deadline to be met, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).SODIUM CYCLES cannot be held responsible if this delivery deadline cannot be met due to errors in the delivery information provided or due to any applicable export laws and regulations.

Delivery times run from the date of registration of the Order indicated in the Order Confirmation e-mail. For deliveries in Metropolitan France, SODIUM CYCLES undertakes, except in cases of Force Majeure, to deliver the Product(s) ordered within a maximum period of three (3) months from the Order Confirmation. For deliveries to other territories, Products will be delivered within a maximum period indicated at the time the Order is placed. Should this time limit be exceeded, the Customer will be informed immediately. In the event of late delivery, SODIUM CYCLES and the Customer may agree on a new delivery date. In the event of non-compliance with the stated delivery date, the Customer may also contact SODIUM CYCLES to propose a reasonable additional delivery date. Should the Customer fail to meet this new deadline, he/she may cancel the Contract and obtain full reimbursement of his/her Order. These notification formalities must be carried out by registered letter with acknowledgement of receipt addressed to Customer Services. The Contract will be considered terminated as soon as SODIUM CYCLES receives the letter informing it of this termination, unless delivery of the Order has taken place in the meantime. The Customer may, however, terminate the Contract immediately, if he/she demonstrates that the delivery deadlines were an essential condition of the Contract. In the event that the Contract is terminated, all sums paid must be reimbursed no later than fourteen (14) days following the date on which the Contract was terminated (date of receipt of the termination letter). In the event that the Product(s) has (have) been delivered, reimbursement of these sums may be deferred until SODIUM CYCLES has recovered the Products.

6.3 Claims relating to delivery

The customer is informed of the exact date and time of delivery. To this end, the carrier must contact the customer and arrange an appointment. The Customer is obliged to be present at the time of delivery. At the time of delivery, the Customer must check the condition of the Product(s). If the Customer finds that the Product(s) is/are damaged, he/she must notify the carrier of any reservations and keep SODIUM CYCLES informed. In this case, handwritten reservations accompanied by the Customer’s signature must appear on the delivery note in the event of any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out once the delivery note has been signed. The Customer must notify any claim relating to a delivery error, a damaged or open parcel, or the non-conformity of the Product(s) on the day of delivery and at the latest within forty-eight (48) hours of delivery, by registered letter with acknowledgement of receipt and by e-mail, for the attention of Customer Services. In order to avoid any dispute, it is important to observe the following instructions when receiving Products:

Check the Product with the carrier before signing the delivery note;
Refuse the parcel if the carrier does not allow you to inspect it;
Refuse any damaged Product and note on the delivery note “REFUSAL FOR DAMAGE”.
NO CLAIMS WILL BE ACCEPTED IF THESE RECOMMENDATIONS ARE NOT FOLLOWED.

Any claim made after this deadline will be rejected and SODIUM CYCLES will not be held responsible in any way whatsoever, and the Customer will not be entitled to any refund of the Price. In the event of a delivery error on the Product(s) or damage noted during delivery, any Product to be exchanged or reimbursed must be returned to SODIUM CYCLES in its entirety and in its original packaging, according to the shipping method and to the address indicated. SODIUM CYCLES is responsible for return shipping costs. Any claim made after the deadline will not be accepted. The return of Products, for whatever reason, can only be accepted in their original condition (packaging, accessories, instructions, etc.). Any return of an incomplete Product cannot be reimbursed, which the Customer expressly accepts.

6.4 Ownership and transfer of risks

The transfer of ownership of the Product(s) is delayed until full payment of the Price (including VAT and shipping costs). The Products are assembled and assembled in their entirety. They are delivered to the Customer in working order. SODIUM CYCLES is free to choose the carrier and shipping method for its Products. Consequently, if the Customer is an Individual, the transfer of risk of loss and deterioration relating to the Product is transferred to the Customer at the actual moment of delivery, after signature of the delivery note (unless reservations have been made). On the other hand, if the Customer is a Professional, the risk is transferred to the Customer when the Product(s) ordered are handed over to the carrier.

ARTICLE 7 OBLIGATIONS AND LIABILITY OF SODIUM CYCLES

7.1 Conformity of the Products and use by the Customer

The Products comply with current French legislation and regulations. As such, the Products have been approved under reference: e13*168/2013*01071*00 for XUBAKA LA MOTO 50CC.

They comply with the standards set by the European Union and with a European Community type-approval. Consequently, the Product must remain strictly compliant and identical to its type-approval. The Customer is informed that the French Highway Code specifies that any modification to the characteristics of the Product must be declared to the prefecture.

Article R322-8 of the French Highway Code:

Any transformation made to a vehicle subject to registration and already registered, whether a significant transformation or any other transformation likely to modify the characteristics indicated on the registration certificate, requires the modification of the latter. To this end, the owner must send a declaration to the prefect of the department of his choice, together with the vehicle’s registration certificate, within one month of the vehicle’s conversion. If available, the owner must keep the completed detachable coupon. […]

SODIUM CYCLES cannot be held responsible for failure to comply with legislation and regulatory standards outside the European Union, in the event of delivery to foreign territory. Products are delivered with detailed instructions. These detailed instructions contain all the information required for the use and maintenance of the Products. SODIUM CYCLES, within the limits of its obligation of means, undertakes to allow optimal use of its Products. However, the Customer remains solely responsible for using the Products in accordance with the Detailed Instructions. SODIUM CYCLES shall not be held liable in particular in the event of :

use of the Products not in accordance with the Detailed Instructions ;
failure by the Customer to comply with the General Terms and Conditions;
accidents of any kind affecting the Products, such as shocks, overvoltage, lightning, flooding, fire and, in general, all events resulting from abnormal use or conditions;
the Customer’s fault;
acts of God or Force Majeure;

7.2 SODIUM CYCLE’S obligation of means

SODIUM CYCLES, in the distance selling process, is only bound by an obligation of means. SODIUM CYCLES makes every effort to satisfy the Customer and is responsible for the proper execution of the present General Conditions. Nevertheless, SODIUM CYCLES shall not be held liable in the event of Force Majeure, the unforeseeable and insurmountable act of a third party, a failure or clumsiness on the part of the Customer, or non-conformity with foreign legislation in the case of delivery in a country other than France. In the event of a Force Majeure Event, the obligations of each Party under these General Terms and Conditions shall be suspended for the duration of the Force Majeure Event. If the Force Majeure Event continues for a continuous period of more than sixty (60) days, SODIUM CYCLES has the option of terminating the Contract by sending notification by registered letter with acknowledgement of receipt to the other Party, subject to reimbursement of all sums paid by the Customer, but without penalty.

ARTICLE 8 RIGHT OF WITHDRAWAL FOR PRIVATE INDIVIDUALS

In accordance with French legislation, and with articles L.221-18 to L.221-28 of the French Consumer Code, the Customer who is an Individual has the right to withdraw from the contract, without giving any reason, provided that he/she exercises this right within fourteen (14) days of receipt of the Order Confirmation, by notifying Customer Services, by e-mail or by registered letter with acknowledgement of receipt. For this purpose, a model withdrawal form is provided in Appendix 1 of these General Terms and Conditions. Subject to compliance with the conditions of the right of withdrawal set out above, SODIUM CYCLES must reimburse the Customer for the Deposit within a maximum period of fourteen (14) days from receipt of the withdrawal form. However, after this period, the Customer may no longer withdraw from the Contract. In the case of Products made to the Customer’s specifications (colors, accessories and options), the Customer may not withdraw from the Contract once the Product(s) has/have been delivered, which he/she expressly acknowledges. The right of withdrawal does not apply to Customers acting as Professionals.

ARTICLE 9 PRODUCT WARRANTY 

9.1 Legal guarantee of conformity and legal guarantee against hidden defects

SODIUM CYCLES guarantees the conformity of the Products to the Contract, enabling the Individual Customer to make a claim under the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, or the warranty for defects in the item sold within the meaning of articles 1641 et seq. of the French Civil Code. These articles are reproduced in the Appendix. In the event of implementation of the legal warranty of conformity, it is recalled that :

the Customer has a period of two (2) years from delivery of the Product to take action;
the Customer may choose between repairing or replacing the Product, subject to the cost conditions stipulated in article L. 217-17 of the French Consumer Code;
the Customer is exempt from having to prove the existence of the Product’s lack of conformity during the twenty-four (24) months following delivery of the Product.
In addition, please note that :

the legal warranty of conformity applies independently of the commercial warranty indicated below;
the Customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.

9.2 Commercial warranty 

The Products sold are also covered by a commercial warranty aimed at guaranteeing their conformity and ensuring the replacement or repair of the Product concerned at the Customer’s request. The duration of this commercial warranty is 2 YEARS and is indicated to the Customer at the time of Order Confirmation.

This warranty covers the battery, motor and controller, as well as mechanical, electrical and electronic faults. This commercial warranty does not cover defects caused by abnormal or faulty use, or resulting from a cause unrelated to the intrinsic qualities of the Products (e.g. modifications to the Product, additions or alterations, negligent care and maintenance, falls, overloading, road accidents, etc.).In order to invoke this commercial warranty if the Product does not work, the Customer must contact Customer Service with a photo describing the damage, if possible. Customer Service will do its utmost to solve the problem of the Product’s non-functioning and will provide any useful information. Within the framework of this commercial warranty, if the technical problem is proven and is not resolved, the Customer must return the Product to SODIUM CYCLES, according to its indications and at the expense of SODIUM CYCLES, which will have the choice between repairing the Product or replacing the Product. The preceding provisions are not exclusive of the application of the legal guarantee of conformity of article L. 217-4 of the French Consumer Code and the guarantee of defects of the thing sold of articles 1641 and following of the French Civil Code. The Customer is expressly informed that SODIUM CYCLES, in its capacity as seller of the Products, is not the direct producer of the Products presented within the meaning of law n° 98-389 of May 19, 1998 relating to liability for defective products. SODIUM CYCLES manufactures and assembles the Products using French companies, the majority of which are located in the Nouvelle Aquitaine and Occitanie regions. The present commercial warranty only applies to the Customer who has contracted directly with SODIUM CYCLES and in no case to third parties.

9.3 Spare parts

SODIUM CYCLES is able to offer its Customers spare parts essential to the use of the Products for at least 24 Months. However, in the event of unavailability during this period, SODIUM CYCLES may offer equivalent or superior spare parts.

ARTICLE 10 PROCESSING OF YOUR PERSONAL DATA

SODIUM CYCLES collects nominative information and personal data from its Customers when they request a Quotation and/or place an Order. The collection and processing of this personal data complies with the legal provisions in force, and in particular with Law n°78-17 of January 6, 1978 as amended on August 6, 2004, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 which came into force in May 2018 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and any implementing legislation that may be issued. For further details, the Customer may consult the “Privacy Policy” and “Legal Notice” documents available on the Site.

ARTICLE 11 CUSTOMER SERVICE

For any specific question or claim under these General Terms and Conditions, the Customer may contact Customer Service at the following address:

by e-mail at: [email protected]
by telephone Monday to Friday, 10 a.m. to 5 p.m.: 06 09 70 41 34

ARTICLE 12 INTELLECTUAL PROPERTY

The Site and all its components, in particular the domain names, the graphic charter of the Site, the logo, the brands “SODIUM CYCLES” and “XUBAKA”, the texts, images, photographs and illustrations published, the drawings and models relating to the Products, are the exclusive property of SODIUM CYCLES, unless specifically stated otherwise. Any distribution, exploitation, representation, reproduction or modification, in part or in whole, without the express authorisation of SODIUM CYCLES is forbidden and exposes the offender to civil and criminal proceedings.

ARTICLE 13 NON-RENUNCIATION

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 does not constitute a waiver of the obligation in question.

ARTICLE 14 PARTIAL INVALIDITY

Should one or more provisions of these General Terms and Conditions be held to be invalid in application of a law, regulation or following a final decision by a competent court, the other provisions of these General Terms and Conditions shall remain fully valid and enforceable.

ARTICLE 15 ASSIGNMENT

The Customer may not assign or transfer his rights and obligations under these General Conditions to any third party without the prior written consent of SODIUM CYCLES.

ARTICLE 16 APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The present General Conditions are governed by French law. In the event of a claim or dispute relating to the execution or interpretation of the present General Conditions, the Customer must first contact Customer Service in order to attempt to resolve the dispute amicably. If no agreement is reached, a mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity. In application of article L. 616-1 of the French Consumer Code, SODIUM CYCLES will inform the Individual Customer of the contact details of the Consumer Mediator to which it belongs. In the event of a dispute, and after having referred the matter to the professional’s customer service department, any customer may refer the matter to a consumer mediator, within a maximum period of one year from the date of the written complaint, by registered letter to the professional.

The coordinates of the mediator likely to be seized by the customer are as follows:

BAYONNE MEDIATION

32 rue du Hameau
64200 BIARRITZ
www.bayonne-mediation.com
06 79 59 83 38

The Party wishing to initiate the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. Alternatively, provided that the Customer is resident in the European Union, he/she may submit his/her complaint via the dispute resolution platform set up by the European Commission at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. The European Commission will transfer the complaint to the competent national mediators notified.

Unless there is a more favorable legal and imperative provision to the contrary, any dispute in relation to the General Terms and Conditions will be subject to the exclusive jurisdiction of the competent French courts, it being specified that the time limits for taking legal action are not interrupted during the time in which an amicable solution is sought or mediation is requested.

APPENDIX 1 – SAMPLE WITHDRAWAL FORM

You can use the model retraction form below:

(Please complete and return this form only if you wish to withdraw from the Contract)

For the attention of SODIUM CYCLES, Impasse des saules, 64210, Bidart,

I hereby notify you of my withdrawal from the contract for the sale of the product(s) below:

Ordered on (*)

Consumer’s name :

Consumer’s address :

Consumer’s signature (only in the case of notification of this form on paper) :

Date :

APPENDIX 2 – LEGAL WARRANTIES

CONSUMER CODE

LEGAL WARRANTY OF CONFORMITY

Art. L. 217-4 The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Art. L. 217-5 The good conforms to the contract:

1o If it is fit for the purpose usually expected of similar goods and, where applicable:

– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2o Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.

Art. L. 217-12 Any action arising from a lack of conformity is barred after two years from the date of delivery of the goods.

Art. L. 217-16 When the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the date of the purchaser’s request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.

CIVIL CODE

Art. 1641 The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.

Art. 1648 The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent “defects or lack of conformity”.

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