GENERAL TERMS AND CONDITIONS OF SALE OF OZO SARL

The conditions below are deemed accepted in their entirety by the buyer. The seller will not accept any contrary clause that is not explicitly reproduced in its written acceptance of the order.

1. GENERAL INFORMATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by OZO SARL with a customer wishing to acquire the products offered for sale by the Seller ("The Products").
These General Terms and Conditions of Sale apply to the exclusion of all other conditions. Our terms of sale prevail over any purchase conditions.
These General Terms and Conditions of Sale are systematically communicated to any Customer prior to an immediate purchase or the placing of an order and shall prevail, if applicable, over any other version or any other contradictory document.
They are accessible at any time on the website https://ozo-electric.com.
They apply to any order validated with OZO SARL either directly on its website at https://ozo-electric.com, or by email, telephone, in-store, or by mail.
Orders validated on our online store do not require a handwritten signature.
Placing an order, whether by telephone, mail, email, or via our website, implies full and unreserved acceptance and adherence by the customer to these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website at the date of the immediate purchase or the placing of the order.

For professionals or public sector orders

OZO SARL reserves the right to derogate from certain clauses of these General Terms and Conditions of Sale, depending on negotiations conducted with the Customer, by establishing Special Conditions of Sale.
Similarly, OZO SARL may also establish categorical General Terms and Conditions of Sale, derogating from these General Terms and Conditions of Sale, depending on the type of customer base, determined based on objective criteria. In this case, the categorical General Terms and Conditions of Sale apply to all operators meeting these criteria.

2. PRODUCTS

2.1 Product Identification and Compliance

OZO SARL presents products on its website with the necessary characteristics to comply with Article L 111-1 of the French Consumer Code, which provides for the possibility for the buyer to know the essential characteristics of the products they wish to purchase before placing a final order. Photographs, texts, graphics, and technical sheets are mostly derived from documentation developed by manufacturers or OZO SARL and shall not engage the Seller's liability. Only the text descriptions have contractual value. The Customer is required to refer to the description of each Product to know its essential properties and features. The choice and purchase of a Product are the sole responsibility of the Customer.
If the buyer wishes to make a purchase for the purpose of compatibility with a product already in their possession, the buyer must, under their own responsibility, verify the possibility through the product description sheet and/or by seeking advice via email (contact@ozo-electric.com) or telephone (+33 442521787) from OZO SARL. OZO SARL shall in no case be held responsible for compatibility difficulties, unless a compatibility guarantee is included in the product description sheet.
Contractual information is presented in French and is subject to confirmation at the latest at the time of order validation by the Customer.
In the case of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and Overseas Territories (DOM-TOM), the price will be automatically calculated excluding taxes on the invoice.
Customs duties, other local taxes, import duties, or state taxes may be applicable. These will be at the expense of and are the sole responsibility of the Customer.

2.2 Availability

Product offers are subject to availability. The majority of products offered to our customers are available on our premises. Information on product availability is provided at the time of placing your order. For products not stocked on our premises, our lead times are only valid subject to availability from our suppliers. An estimated availability time is provided on quotes. This remains indicative and does not include delivery times.
If items should prove unavailable after the order has been placed, OZO SARL will inform you as soon as possible and an equivalent product may be proposed. The buyer will always be free to accept or refuse this equivalent product.
Some stocked products require production and/or testing; therefore, a production time will be specified as an indication on the website and/or the quote.

3. ORDERS

Before placing an order, the buyer declares to be fully aware of the product's characteristics.
An order can be placed via our website but also in our store, by email, or by telephone and will be followed by a quote mentioning the products ordered, payment conditions, and lead times for the order's execution (does not include delivery times).
Following the placement of your order, OZO SARL will acknowledge receipt by sending you an Order Confirmation Email.
Each order is considered firm by the buyer and therefore cannot be modified.
OZO SARL reserves the right not to validate your order for any legitimate reason, particularly in the event that:
- it does not comply with these T&Cs;
- one of your previous orders was not paid in full by the due date;
- a dispute regarding the payment of one of your previous orders is being processed;
- several serious and consistent elements suggest a suspicion of fraud on your order.
The buyer must check the completeness and compliance of the information they provide us when ordering, particularly regarding the name and billing/delivery address. We cannot be held responsible for any entry errors and the consequences thereof (e.g., delay or delivery error). In this context, the costs incurred for re-shipping the order would be at the customer's expense.
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except through the exercise of the right of withdrawal or in cases of force majeure.

For orders via the internet:

It is the Customer's responsibility to select the Products they wish to order on the website www.ozo-electric.com, according to the following terms:
- creation of your account, by indicating your first name, last name, email address, password, and possibly your date of birth,
- product selection,
- adding desired products to the cart,
- validation of the cart and order.
The Customer has the opportunity to check the details of their order, its total price, and correct any errors before confirming acceptance. It is their responsibility to check the accuracy of the order and immediately report or rectify any errors.
The registration of an order on the website www.ozo-electric.com is completed when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale as well as the general terms of use of the website www.ozo-electric.com.
The sale is only final after the Customer has been sent confirmation of the Seller's acceptance of the order by email, which must be sent without delay and after full payment has been received. Any order placed, validated by the Customer, and confirmed by the Seller under the conditions described above on the website www.ozo-electric.com constitutes the formation of a contract concluded at a distance between the Customer 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 follow the progress of their order on the website www.ozo-electric.com

For public sector orders:

An order is considered "confirmed" once OZO SARL has received the dated and signed quote with the mention "GOOD FOR AGREEMENT" (BON POUR ACCORD) + the Purchase Order.
For public organizations outside Mainland France, an order is considered "confirmed" once OZO SARL has received the dated and signed quote with the mention "GOOD FOR AGREEMENT" + payment.

For professional orders (B2B):

An order is considered "confirmed" once OZO SARL has received the dated and signed quote with the mention "GOOD FOR AGREEMENT" accompanied by full payment of the order or a deposit, or no payment depending on the payment terms mentioned on the quote.

4. PRICE

Prices are indicated on our website https://ozo-electric.com and/or on quotes in Euros and including all taxes (TTC), taking into account the VAT applicable on the day of the order. However, for professionals who have created a professional account on our website https://ozo-electric.com, prices are indicated on the site in Euros excluding taxes (HT); only the total amount of the cart appears in Euros including all taxes (TTC). Any change in the rate may be reflected in the price of products or services.
Due to constant variations in raw material prices, taxes, and transport rates, our rates are subject to change without notice.
Our products are always invoiced at the price in force on the day of order acceptance. Their prices are "ex-works" from our stores or warehouses.
Bank fees, VAT, and any customs duties 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 execution of the order.
Prices for goods not subject to a set tariff are established by quote. The quote must be previously accepted by the Client to place an order.
The order is only considered accepted after payment of a deposit of 50% of the order amount. An invoice is established by the Seller and given to the Customer upon delivery of the ordered Products.

5. PAYMENTS

5.1 Payment Methods and Deadlines

All orders, regardless of their 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 credit card, bank transfer, LCR (minimum of €200 incl. VAT), PAYPAL, cash (up to a limit of €1000), or by check (which must be issued by a bank domiciled in mainland France, accompanied by a photocopy of the holder's ID card).
We apply a 12-business-day processing period for check payments over €50. Therefore, no check payment over €50 will be accepted upon collection.
Early payment discount: None

For individuals: Full payment must be made before collection or shipping. Payment can be made in full upon order validation or by paying a deposit upon ordering (defined by OZO SARL upon registration of the order) and paying the balance upon collection or before shipping.

For professionals: Payment terms may vary depending on the orders. Consequently, the payment terms are those listed on the quote.

5.2 Payment Delays and Defaults

In the event that a payment or acceptance of a bill is not made by the scheduled date, without OZO SARL having to remind the customer of the unpaid deadline and without prior formal notice, OZO SARL shall be entitled to:
- Claim, in addition to a late payment penalty equal to 1% per month of delay (any month started being due in full) of the total amount of the invoice, a 15% surcharge on the invoice amount for costs.
- Suspend the execution of current orders and specifically deliveries.
- Demand immediate payment of current operations; non-payment of an invoice by its due date results in the immediate exigibility of sums due for other operations.
- Claim, under the provisions of Article 6 "Retention of Title", the restitution of sold goods.
- Implement the automatic termination of the warranty for the delivered equipment.

For professionals:

Furthermore, any delay in payment automatically results in the application of a fixed indemnity of forty (40) Euros per unpaid invoice, without prejudice to late payment penalties. OZO SARL reserves the right to request additional compensation from the Customer if the recovery costs actually incurred exceed this amount, upon presentation of justifications.

6. RETENTION OF TITLE

OZO SARL 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 last installment of the price, including costs and accessories. The purchaser nevertheless bears the burden of risks (theft, fire, destruction, flood, etc.) from the delivery of the goods as if they were the owner.
The buyer shall ensure that the identification of the goods remains possible at all times. OZO SARL reserves the right to repossess goods under the retention of title clauses in the event of financial difficulties of the buyer, as well as to invoice repair or handling costs for the products. Its right of claim applies to both the goods and their price if they have been resold.

For individuals:

"Any risk of loss or damage to the 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 French Consumer Code).
The consumer must therefore ensure the proper preservation of the goods.

For professionals:

The customer undertakes to immediately notify OZO SARL of its state of cessation of payment, to proceed or allow to proceed as soon as a reorganization or judicial liquidation procedure is opened, to the observation of the existence in its stock of unpaid goods belonging to OZO SARL, and to provide any information allowing it to exercise the claim against sub-purchasers.

7. DELIVERY

For individuals:

OZO SARL offers various delivery services, directly to your home or to a TNT relay point.
Delivery conditions, particularly costs and lead times, differ depending on the chosen delivery method.
The total amount of your delivery costs is indicated to you when placing your order.
Delivery costs in mainland FRANCE are free for individual customers for purchases over €100 incl. VAT via DPD without insurance (excluding battery reconditioning and labor).

For professionals and public sector organizations:

OZO SARL offers deliveries via DPD, TNT, DHL, or carrier depending on the requested delivery times and the quantity of goods to be delivered.
The carrier and associated costs are mentioned on the quote.
If the quote includes the mention "EXWORKS" or does not include shipping costs or the mention "FREE OF CHARGE", this means the order must be collected from OZO SARL by the customer.

7.1 Conditions

For individuals:

Deliveries are made to the address provided by the Customer at the time of account creation.
The transfer of ownership of the Products and risks takes place upon delivery of the Order by the carrier to the Customer.
However, when the Customer has arranged to call upon a carrier they have chosen themselves, delivery is deemed completed as soon as the Products ordered are handed over by the Seller to the carrier, provided the Seller has handed over the sold Products to the carrier who has accepted them without reservation. The Customer therefore recognizes that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the transported goods.
In case of a special request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the costs associated will be subject to specific additional billing, based on a quote previously accepted in writing by the Customer.
OZO SARL is not responsible in case of impossibility of delivery due to the communication of erroneous data during account creation or in case of failure by the Customer to collect their package from a pickup point.

For professionals and public sector organizations:

Unless specifically agreed upon, particularly in the context of a quality insurance contract, our goods and their packaging are sold "ex-works" and therefore travel at the customer's own risk, even when their prices are stipulated "free of charge". It is up to the customer to take all necessary measures in case of damage or missing items, in accordance with the provisions of Articles 105 and following of the French Commercial Code. As such, the customer is required to check or have checked the condition and quantities of goods received and to exercise, within the legal time limits, any recourse against the carrier, including in the case of a carrier chosen by OZO SARL.
For any order destined for a country other than mainland France, VAT, customs duties, or other local taxes likely to be required are the exclusive responsibility of the customer and fall under their full responsibility in terms of declarations and payment to the competent authorities.

7.2 Delivery Times

Delivery times are given for information purposes only. The customer may in no case modify or challenge a delivery time. In the exceptional case where the customer does not take delivery of the goods, OZO SARL reserves the right to invoice the customer:
- in the case of a return to OZO SARL, the costs of return and re-shipping to the customer (identical to the costs invoiced by the carrier);
- in the case of storage at the carrier's premises, the costs of custody and storage of the goods at a rate of 5% of the total amount of the order per week of delay from the initially agreed delivery date. Any delivery may be validly suspended or even canceled in the following cases:
- Force Majeure, specific events (strike, war, shortage...)
- Manufacturing accident or carrier failure, contractually assimilated to a case of force majeure...
Possible delays do not authorize the buyer to refuse the goods or claim damages.

7.2.1 DELIVERY TO THE ADDRESS OF YOUR CHOICE

For delivery in France
LA POSTE Lettre MAX and road carrier to your home: Delivery of ordered products takes place within 2 to 5 days at the delivery address indicated during your order.
DPD Delivery: Delivery of ordered products takes place within 24h to 48h at the delivery address indicated during your order.
For delivery to OVERSEAS TERRITORIES
Home delivery by LA POSTE Colissimo recommandé: Delivery of ordered products takes place at the delivery address indicated during your order within 1 to 5 weeks.
For delivery in Europe
Home delivery by DPD or DHL depending on the country: Delivery of ordered products takes place at the delivery address indicated during your order within 2 to 7 days.
For International delivery
Home delivery by LA POSTE Colissimo recommandé or DPD or DHL depending on the country: Delivery of ordered products takes place at the delivery address indicated during your order within 1 to 5 weeks.

7.2.2 DELIVERY TO A RELAY POINT

For delivery in France
MONDIAL RELAY at a relay point: Delivery of ordered products takes place within 2 to 4 days at a merchant near your home or workplace. Relay points are to be selected from the list provided by MONDIAL RELAY.
DPD RELAIS at a relay point: Delivery of ordered products takes place within 24h/48h at a merchant near your home or workplace. Relay points are to be selected from the list provided by DPD RELAIS.
TNT at a relay point: Delivery of ordered products takes place within 24h to 48h at a merchant near your home or workplace. Relay points are to be selected from the list provided by TNT.

7.2.3 DELIVERY DATE

OZO SARL offers the possibility on certain products to be delivered the day after your order via the TNT or DHL carrier in mainland France, excluding Corsica. Only orders registered before 10 AM by OZO SARL can be delivered the next day. If your order is registered after 10 AM, you will be delivered the day after next, or if the day after next falls on a Sunday or a holiday, the 1st following business day.
If your order contains several products with different delivery lead times, the delivery lead time for your order will be the longest delivery lead time.
Next-day delivery cannot be carried out for orders involving preparation, such as wiring, wheel lacing, electrical kits...

7.2.4 DELIVERY DELAY

In case of delay in the delivery of ordered products, OZO SARL will endeavor to inform you. You can also report a delivery delay yourself by email: contact@ozo-electric.com. OZO SARL undertakes to do what is necessary to determine the cause of the delay and find an adequate solution for the effective delivery of the products ordered as soon as possible.
No financial compensation can be requested from OZO SARL in case of delivery delay.

7.3 RECEIPT OF THE PACKAGE

When you receive your package, we invite you to check its condition before accepting delivery.
The customer is obliged to check the compliance of the delivered goods before signing the carrier's delivery note. If the customer detects an anomaly concerning the delivery (damage, missing product, damaged package, broken products, presence of tape with the carrier's name), they must refuse the package or issue reservations on the delivery note specifying the damage caused to the products.
If you entrust the receipt of the product to a third party (concierge of your building, receptionist at work, etc.), they receive the package in your name and on your behalf. You must therefore ask them to be vigilant about standard precautions and remind them to give the received package the same care as if they were the personal recipient. If you or your representative decide to accept a damaged package, you must be careful to write sufficiently precise reservations and have the carrier sign next to them. When ordering, the customer selects or the quote mentions a carrier with or without insurance.
Carrier without insurance: Selecting or validating a shipment by "lettre suivie" via LA POSTE or MONDIAL RELAY or DPD without INSURANCE or DPD RELAIS without INSURANCE means that the package and goods are not insured against theft, loss, or damaged products. Consequently, no recourse can be made to OZO SARL.
Carrier with insurance: Selecting or validating a shipment by DHL or TNT or DPD INSURANCE or DPD RELAIS INSURANCE or LA POSTE registered mail means that the package and goods are insured against theft, loss, or damaged products. However, the insurance can only be used if the following procedure is strictly followed:
In case of damage or missing product, you must mention a reservation with the delivery person. The reservation can be made directly on the delivery note in the presence of the carrier and provided they do not contradict it with a contrary mention.
Following your reservation, if a product is damaged or missing, any claim must be made within the legal period of 3 business days (Article: L.133-3 of the French Commercial Code) following the delivery date and by Registered Letter with Acknowledgment of Receipt to OZO SARL, 10 rue Cornaline, 13510 EGUILLES, under penalty of being inadmissible and therefore not covered.
To be admissible, the registered letter must clearly show:
- photos of the package;
- a photo of the transport label;
- photos of the damaged equipment;
- the extent of the damage;
- the importance of the damage;
- the nature of the damage, defined with precision;
- the quantity of equipment concerned (Versailles, 11/06/03).
Any protest outside this period is null and void (Com. 06/08/10). Consequently, as the insurance cannot be activated, no compensation can be made by OZO SARL.
The choice of compensation, repair, or replacement of the product will be decided by OZO SARL depending on the product concerned, the observed deterioration, the reservations made by the customer, and the indemnity validated by the carrier.

8. RETURNS / AFTER-SALES SERVICE (SAV)

Any request for RETURN or AFTER-SALES SERVICE must be made via an email including a description of the problem, the product reference, and the invoice. If a return is made by the customer without prior agreement from OZO SARL or if a package arrives damaged, OZO SARL reserves the right to refuse the package or return the package at the customer's expense. To open a file, the returned product must be accompanied by a copy of the invoice + a copy of the email exchanges with OZO SARL + an explanation of the problem. Furthermore, it must be sent in its original packaging (for a return) or in adequate packaging and protections (for SAV). Return costs are the responsibility and under the liability of the customer. OZO SARL reserves the right to add repair or handling fees if the products were damaged during transport or by the customer. Upon receipt of the product, OZO SARL reserves the right to accept or refuse any request for warranty coverage, return, or exchange. If the returned product is covered under warranty, the repairs and re-shipping costs to the customer will be borne by OZO SARL. If the product is not covered under warranty, OZO SARL will issue a quote including the repair and re-shipping costs, which will be borne by the customer. If the product is exchanged, the re-shipping costs will be borne by the customer. If it is exchanged for a more expensive product, the difference will be invoiced to the customer; if exchanged for a cheaper product, OZO SARL will decide to issue a credit note (to be deducted from a future invoice).

8.1 RETURNS

Any returned product must be in perfect condition, with no traces of installation or use. Purchase by an individual via the internet: Goods sold under the conditions accepted by the buyer cannot be returned beyond the legal period of 14 days (for more information, see Chapter 9). The only exceptions for returning goods will be after agreement by OZO SARL and according to the following conditions: - error in order preparation (buyer's proof showing the anomaly); - technical failure of the product. The customer has a legal right of withdrawal of 14 days from receipt of their order (see Chapter 9). To ensure better processing and tracking, a return request must be made to OZO SARL by email (contact@ozo-electric.com) specifying the product concerned as well as the problem encountered and the circumstances. Withdrawal rights do not apply to: - orders validated in-store, even if they are shipped; - orders collected in-store, even if validated online; - prototypes (refer to Chapter 9). RIGHT OF WITHDRAWAL Purchase by a professional or a public organization: Any product intended for a PROTOTYPE or a PROJECT cannot be returned. Any product that has not been the subject of any research and development service by OZO SARL cannot be refunded or taken back if the performance of the equipment received does not meet the customer's expectations. For any return related to a change of mind or an order error by a professional or a public organization, administrative fees of €20 excl. VAT will be invoiced.

8.2 AFTER-SALES SERVICE (SAV)

To avoid unnecessary transport costs, before any return to SAV, a pre-diagnosis and/or fault finding must be carried out via email with our technical service. If the repair can be carried out by the customer, OZO SARL reserves the right to ask the customer to perform the repair with parts shipped by OZO SARL: 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 validated before shipping the SAV parts. Commercial discounts granted to professional customers take into account the customer's responsibility for diagnosis and repairs that can be carried out by themselves (excluding parts if the fault is covered under warranty).

9. RIGHT OF WITHDRAWAL (Individual purchases on ozo-electric.com only)

In accordance with the provisions of Articles L. 221-18 and following of the French Consumer Code, you have a period of fourteen calendar days from receipt of the last product of your order to exercise your right of withdrawal without having to justify reasons or pay penalties, except for return costs which remain at your expense. The transport of returned products is your responsibility; any damage suffered by the products on this occasion being likely to thwart the exercise of your right of withdrawal. You must inform OZO SARL of your decision to withdraw by sending it, before the expiration of the period provided for in Article L 221-18 of the Consumer Code, the withdrawal form mentioned in 2° of I of Article L 221-5 of the same Code or any other unambiguous statement expressing your desire to withdraw. Your letter must be sent by registered mail with acknowledgment of receipt to the following address: OZO SARL, 10 rue Cornaline, 13510 EGUILLES. Do not forget to mention your last name, first name, address, and attach a copy of your invoice to your letter. You must then return the goods to OZO SARL, without undue delay and, at the latest, within fourteen days following communication of your decision to withdraw in accordance with Article L 221-24 of the Consumer Code. Only items returned in impeccable condition, with no trace of use or installation, allowing their resale by OZO SARL (implying they are returned in their original packaging or in packaging allowing equivalent protection during return transport) will be accepted. Consequently, items returned incomplete, damaged, or soiled will not be taken back.

9.1 EXCEPTIONS

In accordance with Article L. 221-28 3° of the French Consumer Code, the right of withdrawal cannot be exercised for goods made to the consumer's specifications or clearly personalized: - Custom wiring according to the customer's specifications: specific cable lengths, specific connectors, added functions. - Special order (product not in the OZO SARL catalog or not stocked at OZO SARL). - Custom-cut wheel spokes. - Lacing on a rim provided by the customer or specially ordered for them. - Lacing on a rim not listed in the motor or kit product sheet. - Custom painting. - Programming of motor controller maps. - Any product modified at the customer's request. - Prototyping. - Any product not listed on the OZO SARL online store: www.ozo-electric.com.

9.2 REFUND IN THE CONTEXT OF WITHDRAWAL

Following your withdrawal request, OZO SARL, in accordance with legal provisions, will proceed with your refund within 14 days following the notification of your withdrawal request. In the absence of receipt of your product or proof of shipment of your product within this period, OZO SARL reserves the right to postpone your refund until the day of receipt of your product. The consumer will then be refunded by bank check in their name if this method of payment suits them.

10. WARRANTY

The warranty period starts from the shipment date from OZO SARL. If a warranty period is mentioned on the quote and invoice, it cancels and replaces the warranty period mentioned in these T&Cs. If a warranty specification is mentioned on the quote and invoice, it adds to or cancels and replaces the warranty specifications mentioned in these T&Cs. Only the customer who purchased goods from OZO SARL can benefit from the warranties stipulated below (successive purchasers of customers are not warranted by OZO SARL).

10.1 LEGAL DISCLOSURES FOR INDIVIDUALS

It is reminded that the consumer under the legal warranty of conformity: - has a period of two years from delivery of the goods to act; - can choose between repair or replacement of the goods, subject to the cost conditions provided for by Article L. 217-9 of the French Consumer Code; - is exempt from reporting proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods; however, this period is reduced to six months for second-hand goods. The legal warranty of conformity applies to the OZO SARL customer independently of any commercial warranty covering your goods. It is reminded that the consumer can decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the French Civil Code and that in this hypothesis he can choose between the resolution of the sale or a reduction of the sales price in accordance with Article 1644 of the French Civil Code. Article L217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and responds to defects of conformity existing at the time of delivery. He also responds to defects of conformity resulting from the packaging, assembly instructions, or installation when it was charged to him by the contract or was carried out under his responsibility." To benefit from the legal warranty of conformity or the warranty for hidden defects, contact our Customer Service: Email: contact@ozo-electric.com By mail: OZO SARL Customer Service, 10 rue Cornaline, 13510 EGUILLES. To optimize the processing of your requests, remember to indicate your name, first name, the email used to place the order, and the relevant order number.

10.2 COMMERCIAL WARRANTY FOR INDIVIDUALS

Before any delivery or shipment, OZO SARL checks the proper functioning of the product. All measures to be taken to keep the product in good working and storage condition are specified in the installation and user manuals available on OZO's website: https://ozo-electric.com/fr/content/44-noticesmontages-utilisations. All motorization kits and Lithium batteries are warranted for 2 years. The warranty does not cover equipment used in competition, damage related to wear, misuse, lack or failure of maintenance, products modified by the customer, products used on a vehicle other than a bicycle, products showing traces of oxidation and/or humidity and/or rust, deteriorated motor gears, motor windings showing traces of overheating, broken wheel spokes, buckled and/or deteriorated rims, broken, bent and/or twisted motor axles, and deteriorated threads. Use under a voltage higher than 48V (54.6V max) is not covered by the warranty unless written mention by OZO SARL on the sales contract. Regarding batteries, any trace of impact or oxidation will result in exclusion from the warranty. Loss of range will be taken into account under the warranty if it exceeds 30% of the nominal capacity of the battery in the first year and 50% in the second year. Start boosters are warranted for 1 year.

10.3 COMMERCIAL WARRANTY FOR PROFESSIONALS AND PUBLIC ORGANIZATIONS

Before any delivery or shipment, OZO SARL checks the proper functioning of the product. The warranty does not cover damage related to wear, misuse, lack or failure of maintenance, products modified by the customer, products showing traces of oxidation and/or humidity and/or rust, deteriorated motor gears, motor windings showing traces of overheating, broken wheel spokes, buckled and/or deteriorated rims, broken and/or bent and/or twisted motor axles, and deteriorated threads. Use under a voltage higher than 48V (54.6V max) is not covered by the warranty unless written mention by OZO SARL on the quote. Regarding batteries, any trace of impact or oxidation will result in exclusion from the warranty. Loss of range will be taken into account under the warranty if it exceeds 30% of the nominal capacity of the battery in the first year.

10.3.1 Reseller partners for cycle electrical kits

Electrical motorization kits and Lithium batteries intended for use on bicycles benefit from the same warranty conditions as those offered to individuals.

10.3.2 Operator Professionals

Motorizations and Lithium batteries used in the context of professional activity on a bicycle benefit from a one-year warranty. Warranty exclusions are the same as those specified for individual customers in Chapter 10.2. For any other type of vehicle or machine, the warranty will be void unless prior written agreement by OZO SARL on the bill of sale.

10.3.3 Manufacturers

For manufacturers wishing to use OZO SARL motorizations and Lithium batteries, regardless of the type of vehicle or machine, the duration and warranty conditions will be determined on a case-by-case basis and mentioned on quotes and invoices.

10.3.4 Prototype

Any quote or product bearing the mention "PROTOTYPE" will be concerned by the following: Given the very specific application in which the constituent elements of a prototype will be used, OZO SARL cannot be held responsible for any failure or lack of adequacy between the performance of the motorization and the intended goal. OZO SARL having never signed an intellectual service contract and never having invoiced any research and development service with the signer of this quote, no refund or return of equipment can be granted if the performance of the received equipment does not meet the signer's expectations. Material used for the manufacture of a prototype is not covered by the warranty.

11. PRODUCT USE

All our electrical kits (batteries + motors + controllers + electronic accessories) are: - designed to be used within a certain range of current, charging, and discharging (see technical sheets). Any misuse, such as failure to respect these ranges, could lead to deterioration, total destruction, or explosion of the products, which may cause material and/or physical damage; - water-resistant against splashes but not waterproof against immersion. This means our products must not be submerged in water, washed with a water jet or high-pressure cleaner... - designed for use as pedaling assistance for bicycles. This means any use on a vehicle other than a bicycle may cause overheating and/or mechanical deterioration that can cause material and/or physical damage. Any motor used on a vehicle can cause deformation of the frame and/or fork, which can cause material and/or physical damage. Improper tightening of the motor can cause motor cables to be torn off, deterioration of the motor axis, and loss of the wheel, which can cause material and/or physical damage. Our batteries are designed to work with our electrical kits. This means deterioration, total destruction, or explosion of the battery may be caused by misuse such as: - use of charging or discharging currents that are too high; - storage in extreme temperatures (below -10°C and above 40°C); - immersion in water or fire; - long-term storage (more than 3 months) without charging or use. Other examples of misuse: - Motorcycle use, without pedaling; - Burn out (slipping of the drive wheel); - Sudden stopping of the motorized wheel while rotating (jump reception, passing an obstacle...); - Jumping obstacles; - Staying on the throttle while the motor is straining (steep climb, passing an obstacle...); - Simultaneous acceleration and braking; - Use with inappropriate intensities and voltages; - Towing (trailer, child's follow-bike...).

12. LIABILITY

The products offered comply with current French legislation and standards applicable in France. However, the buyer acknowledges that any electrical kit mounted on a bicycle is not approved for use on public roads (in France). OZO SARL cannot be held liable in the event of failure to comply with the legislation of the country where the product is delivered (for example, in case of a product prohibition...). It is the buyer's responsibility to check with local authorities about the possibilities of importing or using the products or services you plan to order. Photos are provided for illustrative purposes. We invite you to refer to the description of each product to know its precise characteristics; in case of doubt or if you want additional information, do not hesitate to contact OZO SARL. OZO SARL cannot be held liable for any compensation or refund or be held responsible for damages of any kind, whether material, immaterial, financial, or physical, which could result from: - improper installation of the products; - misuse of the products; - modification carried out by the customer on the product; - failure to follow the instructions indicated in the user manuals; - any handling error; - any abnormal use or use not in accordance with the purpose for which the product is intended; - loss of approval (homologation) of the vehicle on which the equipment was installed; - any cause of external origin; - total or partial inability to use the products, notably due to equipment incompatibility; - loss of yield or decrease in production for professionals and companies.

13. FORCE MAJEURE

The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

14. SELLER'S CONTACT DETAILS

The Seller's contact details are as follows: OZO SARL, 10 rue Cornaline - ZA les Jalassières, 13510 EGUILLES, France. RCS AIX EN PROVENCE 521 383 539. SIRET 521 383 539 00041. Email: contact@ozo-electric.com. Telephone: +33 4 42 52 17 87

15. PERSONAL DATA PROTECTION

Pursuant to Law 78-17 of January 6, 1978, modified by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for processing their order and establishing invoices, in particular. The customer provides this information with full knowledge of the facts, especially when they enter it themselves. This data may be communicated to any partners of the Seller responsible for the execution, processing, management, and payment of orders. The processing of information communicated through the website https://ozo-electric.com meets legal requirements for personal data protection, with the information system used ensuring optimal protection of this data. In accordance with national and European regulations in force, the Customer has, at any time, a permanent right of access, modification, rectification, opposition, erasure, and portability of all their personal data by making a written and signed request to the Seller's address mentioned above, accompanied by a copy of an identity document with the holder's signature, specifying the address to which the response must be sent. No personal information of the user of the website https://ozo-electric.com is published without the Customer's knowledge, nor is it exchanged, transferred, assigned, or sold on any medium to third parties. Only the assumption of the buyout of OZO SARL and its rights would allow the transmission of said information to the potential purchaser, who would in turn be bound by the same obligation of storage and modification of data vis-à-vis the Customer of the website https://ozo-electric.com.

16. WEBSITE

OZO SARL is the owner of the website https://ozo-electric.com 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 offense.

17. APPLICABLE LAW AND DISPUTES

These General Terms and Conditions of Sale are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in case of a dispute. For individuals: All disputes to which the purchase and sale operations concluded in application of these General Terms and Conditions of Sale could give rise, concerning their validity, interpretation, execution, termination, consequences, and aftermath and which could not have been resolved between the seller and the customer, will be submitted to the competent courts under common law conditions. The Customer is informed that they can in any case resort to conventional mediation, notably with the Consumer Mediation Commission (C. conso. art. L 612-1) or with existing sectoral mediation bodies, references of which appear on the website, or to any alternative dispute resolution mode (conciliation, for example) in case of dispute. For professionals: Dispute resolution terms: With a view to finding a solution together for any dispute that arises in the performance of this contract, the contractors agree to meet or confer within fifteen days from the sending of a registered letter with acknowledgment of receipt, notified by one of the two parties. This amicable settlement procedure constitutes a mandatory prerequisite to the introduction of legal action between the Parties. Any action introduced in court in violation of this clause would be declared inadmissible. However, if after a period of fifteen days, the Parties fail to agree on a compromise or solution, the dispute would then be submitted to the jurisdictional competence designated hereafter. Attribution of jurisdiction: All disputes to which this contract and the resulting agreements could give rise, concerning their validity, interpretation, execution, resolution, consequences, and aftermath will be submitted to the court of AIX EN PROVENCE.

ANNEX 1 - Provisions relating to legal warranties

Article L217-4 of the Consumer Code: The seller is required to deliver a good in conformity with the contract and responds to defects of conformity existing at the time of delivery. He also responds to defects of conformity resulting from the packaging, assembly instructions, or installation when it was charged to him by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code: To be in conformity with the contract, the good must: Be fit for the purpose usually expected of a similar good and, if 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; present the qualities that a buyer can legitimately expect in view of public statements made by the seller, by the producer, or by his representative, notably in advertising or labeling; Or present the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from delivery of the good.

Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him during the acquisition or repair of a movable good, for a restoration 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 buyer's request for intervention or the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

ANNEX 2 - Withdrawal Form (Individual and online purchase)

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.ozo-electric.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale. To the attention of OZO SARL, 10 rue Cornaline, 13510 EGUILLES. Order of "Date", Order Number: ........................................................... Customer Name: ........................................................................... Customer Address: ....................................................................... Customer Signature (only in case of notification of this form on paper):


Menu