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
For professionals or public sector orders
2. PRODUCTS
2.1 Product Identification and Compliance
2.2 Availability
3. ORDERS
For orders via the internet:
For public sector orders:
For professional orders (B2B):
4. PRICE
5. PAYMENTS
5.1 Payment Methods and Deadlines
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
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
For individuals:
For professionals:
7. DELIVERY
For individuals:
For professionals and public sector organizations:
7.1 Conditions
For individuals:
For professionals and public sector organizations:
7.2 Delivery Times
7.2.1 DELIVERY TO THE ADDRESS OF YOUR CHOICE
7.2.2 DELIVERY TO A RELAY POINT
7.2.3 DELIVERY DATE
7.2.4 DELIVERY DELAY
7.3 RECEIPT OF THE PACKAGE
8. RETURNS / AFTER-SALES SERVICE (SAV)
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):