Terms of service
ARTICLE 1: SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter the "GTC") govern all distance sales of products offered by EZIMOOV (hereinafter the "Product(s)"), made through the website accessible from the following URL: www.ezimoov.com (hereinafter the "Site"), between :
EZIMOOV: SAS registered in the BAYONNE Trade and Companies Register under number 911 202 653 and whose registered office is located at 7 B RUE DU GUI 64600 ANGLET (hereinafter "EZIMOOV"), 7 B RUE DU GUI 64600 ANGLET
Customers who are natural persons, of legal age and with full legal capacity, placing orders for Products for their personal needs and who are consumers within the meaning of the preliminary article of the French Consumer Code (i.e. "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity. (hereinafter the "Customers").
Any order for a Product placed on the Site implies the Customer's unreserved acceptance of the GTC.
The GTC may be modified at any time by EZIMOOV. The entry into force of a new version of the general terms and conditions of sale corresponds to the date on which this version is posted on the Site. This new version of the terms and conditions is therefore applicable to any order placed subsequently.
ARTICLE 2: PRODUCT OFFERS
2.1. Description of the Products
The characteristics of the Products offered for sale are accessible on the Site by clicking on the name or photograph corresponding to the Product concerned.
The photographs of the Products are only indicative and not contractual.
The presentation of the Products includes the essential information and characteristics of the Products within the meaning of Article L. 111-1 of the French Consumer Code, such as the name, composition, features, technical characteristics and price including all taxes.
The information on the Products is that communicated by the suppliers from whom the items are purchased.
2.2. Availability of the Products
The sales offers proposed on the Site are valid within the limits of available stocks.
The Customer may therefore only order Products for which EZIMOOV has previously ensured their availability. If, despite EZIMOV's vigilance, the Products are unavailable, the Customer will be informed as soon as possible by e-mail or telephone.
EZIMOV may in this case offer the Customer a product of the same nature, quality and price. Any other form of compensation to the Customer is expressly excluded.
In the event of cancellation, EZIMOV undertakes to reimburse the Customer within a maximum period of fourteen (14) working days.
2.3. Product prices
The prices of the Products displayed on the Site are prices in euros including VAT and do not include any delivery charges.
The price of delivery may vary from one order to another, depending in particular on the amount of the order, the choice of delivery method and the delivery location. The amount of the delivery costs is systematically announced when the delivery method is chosen.
EZIMOV reserves the right to modify its prices at any time, it being understood, however, that the Product ordered is invoiced at the price in force on the day of the order.
EZIMOOV may provide its Customers with promotional codes as part of specific operations. These codes may only be used in direct relation to the online order placed on the Site and may not be sold, exchanged, used for commercial purposes or given away free of charge. These promotional codes cannot be combined with each other or with any other special offer. Only one promotional code may be used for the same order.
ARTICLE 3: ORDERING
3.1 Prior registration
Prior to placing an Order, the Customer must register with EZIMOOV on the Site and provide the information requested in order to create a personal account.
The Customer guarantees the accuracy, sincerity and reliability of the information provided. In particular, the Customer provides a valid and functional e-mail address.
Consequently, EZIMOV cannot be held responsible for the Customer's failure to change and update its contact details, and consequently for incorrect contact details, with their consequences on the delivery of the Products.
EZIMOOV may at any time verify the accuracy of the information provided by the Customer and, where applicable, if such information appears to be erroneous and/or misleading, may request additional information.
In the event of erroneous or misleading information, EZIMOV reserves the right to terminate any contractual relationship with the Customer.
3.2. Placing an order
The Customer must place an order exclusively on the Site by following the terms and conditions and the process indicated for this purpose during the navigation.
No orders may be taken by telephone.
EZIMOOV reserves the right to refuse an order if it appears to be abnormal, made in bad faith or for any other legitimate reason.
Prior to any order, the Customer guarantees that he/she is of legal age, capable, and in particular entitled to use the means of payment that he/she will use to pay for his/her order (credit card or Paypal).
Failure by the Customer to comply with all or part of the obligations subscribed to under the terms of these GTC, and in particular concerning any incident of payment of the price of an order, may result in the suspension of access to the Site.
3.3. Ordering process on the Site
- The Customer chooses the desired quantity of a Product and clicks on "ADD TO BASKET". The contents of the basket can be consulted at any time by clicking on the corresponding icon and may be modified by the Customer until the payment of the current Order.
- When the Customer has completed his/her selection of Product(s), he/she clicks on "My basket". The Customer may check the details of their order and may modify its contents if necessary.
- When the Customer has checked the contents of his/her order on the "My Basket" page, he/she clicks on "PLACE MY ORDER". The Customer can choose the delivery method that suits him/her, taking care to check all the information transmitted and in particular all the elements useful for the delivery (delivery address, digicodes, telephone...).
- The Customer can then choose his method of payment, taking care to check his billing address beforehand. The Customer may also use a promotional code provided by EZIMOOV on this page and add a "Comment" to the order if necessary.
- The Customer may then check all the information relating to its order: delivery method, payment method, content of its order, etc.
- To validate their order, the Customer must click on "VALIDATE MY ORDER". By clicking on this button, he/she accepts the present GTC.
3.4. Order confirmation
Once the order has been paid for, the Customer will receive a confirmation e-mail containing all the information relating to the order as well as the conditions of its execution in accordance with the provisions of article L. 121-19-2 of the French Commercial Code.
This summary e-mail will include the following information: the Customer's contact details, delivery and invoicing addresses, order number, date of the order, delivery method and delivery time, description of the Product ordered, price (including VAT) of the Product, information relating to the Customer's right of withdrawal.
Any modification of the order by the Customer after confirmation of its order is subject to the express acceptance of EZIMOOV.
ARTICLE 4: PAYMENT
The act of validating an order for the Customer implies the obligation to pay the price indicated. Payment may be made by the means of payment accepted by EZIMOOV and indicated in the "Secure Payment" section. Any unpaid order will not be processed and will not be delivered.
The Customer guarantees EZIMOOV that it has the necessary authorisations to use the method of payment it has chosen when validating the order form.
Secure online payment by credit card is carried out and guaranteed by our payment service provider. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating its bank details at the time of sale, the Customer authorises the Seller to debit its card for the amount relating to the price indicated.
EZIMOOV has implemented an order verification procedure designed to ensure that no person uses another person's bank details without their knowledge. As part of this verification process, the Customer will be asked to send a copy of an identity document and proof of address to EZIMOOV by e-mail. The order will only be validated after receipt and verification by our services of the documents sent.
ARTICLE 5: DELIVERY
The Product ordered is delivered to the delivery address provided by the Customer.
The delivery time is indicated when choosing the delivery method prior to the validation of the order by the Customer as well as in the confirmation e-mail. The delivery period shall commence upon receipt by the Customer of the "Preparation for Delivery" e-mail issued by EZIMOOV.
The Customer is aware that, despite all efforts made by EZIMOOV, delivery times may be extended due to the carrier, in particular in the event of loss of products, bad weather or strike.
By validating the order, the Customer accepts the associated delivery charges. In the event of any data entry errors, the Customer will be responsible for any delays and/or delivery errors that may result and will be liable for the costs incurred for the redelivery of his/her order.
The delivered Product remains the property of EZIMOOV until full payment of its price, it being specified that, in accordance with the provisions of Article L. 138-4 of the French Consumer Code, any risk of loss or damage to the Product is transferred to the Customer at the time when the latter or a third party designated by him/her takes physical possession of the Product.
ARTICLE 6: RIGHT OF WITHDRAWAL
The Customer benefits from a right of withdrawal that it may exercise without having to give reasons for its decision and without penalty within thirty (30) clear days from the date of receipt of the Product by the Customer (14 days for the purchase of discounted Products).
The Customer shall inform EZIMOOV of its decision to withdraw by sending EZIMOOV before the expiry of the withdrawal period, by post, e-mail or fax, its unambiguous statement expressing its wish to withdraw.
The Customer can use the model withdrawal form below:
For the attention of EZIMOOV,7 B RUE DU GUI 64600 ANGLET - France
e-mail : contact(at)ezimoov.com
I/we(*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/ for the provision of the services (*) below:
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
The withdrawal exercised by the Customer obliges him/her to return the Product to EZIMOV without undue delay and, at the latest, within fourteen (14) days of his/her declaration of withdrawal.
The exercise of the right of withdrawal entails an obligation for EZIMOV to reimburse the Customer for all sums paid, i.e. the main price of the order and the delivery costs of the Product, subject to compliance with the following two conditions
- the Product is returned new, unused and in its original packaging, accompanied by all accessories and instructions as well as a copy of the purchase invoice.
- the above-mentioned form is duly completed.
The Customer shall be reimbursed without undue delay and no later than fourteen (14) days from the day on which EZIMOV is informed of the Customer's decision to withdraw. EZIMOV reserves the right to defer the refund until the earlier of the receipt of the Product subject to withdrawal or the provision by the Customer of proof of shipment of the Product.
The direct costs of returning the Product which is the subject of the withdrawal shall be borne by the Customer.
ARTICLE 7: LEGAL GUARANTEES
The Customer benefits from the legal guarantee of conformity mentioned in articles L. 211-4 et seq. of the French Consumer Code and the legal guarantee relating to hidden defects in the item sold mentioned in articles 1641 et seq. of the French Civil Code, a partial reproduction of which is given below.
It is recalled that the Customer may choose between the implementation of articles L. 211-4 et seq. of the Consumer Code (legal guarantee of conformity) and the implementation of articles 1641 et seq. of the Civil Code (legal guarantee of hidden defects):
When the Customer acts under the legal guarantee of conformity (Articles L. 211-4 et seq. of the Consumer Code), he/she has a period of two months to make a claim:
- he/she has a period of two years from the delivery of the Product to act.
- He may choose between repairing or replacing the Product, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code.
- he/she is exempted from proving the existence of the Product's lack of conformity if this appears within 24 months from the delivery of the Product.
When the Customer acts under the legal guarantee for hidden defects pursuant to Article 1641 of the Civil Code, he may choose between the resolution of the sale or a reduction in the sale price, in accordance with the provisions of Article 1644 of the Civil Code.
Partial reproduction of the above-mentioned articles:
Article L. 211-4 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.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
Article L. 211-5 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 seller presented to the buyer in the form of a sample or model.
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
- or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item 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 only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
ARTICLE 8: LIABILITY
Before using the Product for the first time, it is imperative that you carefully read the instructions for use of the Product and follow them. EZIMOOV shall not be held liable for any damage caused by improper use of the Product and the accompanying documentation.
In addition to the cases mentioned in these GTC, EZIMOV shall not be liable if it proves that the non-performance or poor performance of the GTC or the order is attributable either to the Customer or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by the law and interpreted by French case law, such as a strike by logistics service providers, recognised disasters or bad weather, attacks or any other event likely to disrupt the proper flow of goods, raw materials and/or computer flows.
EZIMOOV shall not be liable for any damage resulting from technical difficulties affecting access to the Site and slowing down or blocking the placing of orders or payments. The texts, images, photographs and trademarks are protected by intellectual and industrial property rights. The reproduction, even partial, of any text, image or photograph present on the Site is prohibited.
ARTICLE 9: CUSTOMER RELATIONS - AFTER-SALES SERVICE
For any information, question or complaint concerning in particular the guarantees referred to in Article 7 of the GTC, the Customer must contact EZIMOOV's Customer Service Department, which can be reached at the address below:
Address: EZIMOOV, 7 B RUE DU GUI 64600 ANGLET - France
e-mail : contact(at)ezimoov.com
ARTICLE 10: PERSONAL DATA - ARCHIVES
The information collected by EZIMOOV is subject to computer processing for the purpose of processing orders placed by Customers.
In accordance with the amended law n° 78-17 of 6 January 1978, the Customer has the right to access and rectify data concerning him/her, which he/she may exercise by contacting EZIMOOV by post, fax or e-mail, using the contact details set out in article 9.
The computerised records kept in EZIMOV's computer systems under reasonable security conditions constitute proof of communications, orders and payments between EZIMOV and the Customer. The Customer may access such records by contacting the Customer Relations Department.
ARTICLE 11: APPLICABLE LAW AND JURISDICTION
These GTC are subject to French law.
In the absence of an amicable settlement, any dispute relating to the interpretation and/or execution of these GTCs shall be brought before the competent French courts in application of common law.
In the event of an amicable settlement, the Customer is informed that he/she may have recourse to the Online Dispute Resolution platform available from the link https://webgate.ec.europa.eu/odr/main.