Table des matières
For a simplification purpose, https://tecowheel.com/ will be referred to as TECOWHEEL or “our website” or “the website”.
TECOWHEEL is operated by the French company TECOWHEEL SASU.
For more information about TECOWHEEL SASU, please consult the website’s Legal Mentions Section.
For a simplification purpose, Tecowheel SASU may be referred to as “us” or “our company” or “we” or “seller”.
The present General Terms and Conditions of Sale shall govern remote and store orders, in all forms, for the supply of products and services offered by TECOWHEEL.
The present General Terms and Conditions appear expressly on TECOWHEEL.
These Terms & Conditions constitute the only agreement between the Parties relating to the subject matter of the order and shall prevail over any other document. Any Order shall imply the unreserved acceptance of these Terms and Conditions.
The present General Terms & Conditions are originally written in English and auto-translated to the other languages available on our website. In case an ambiguity arises, the English version of the present General Terms & Conditions has absolute priority in form and meaning.
Customer: Any individual customer as well as any other customer. The customer has the possibility to place an order online on our website. The order can only be registered on our website if the customer has clearly identified himself :
- For customers with an existing account, by entering their e-mail addresses and password, which are strictly personal.
- For customers that do not possess an account, the customer has the possibility to create one during the order process or by using the registration form.
Any order is worth acceptance of :
- The prices and the descriptions of the products and services available on our website.
- The present General Terms & Conditions.
Article 1: Products destination
The integrality of our motorised products are solely destined for private usage on private terrains/ways in the whole territory of the EU and in the territory of any other country outside the EU. Exceptionally, when lawfully possible and in full compliance with local laws and regulations, the customer may use our motorised products on public infrastructure/ways/terrains. The integrality of our motorised products are to be only used in strict accordance with local laws and regulations. The customer accepts that any usage of the products and services offered by us, and particularly its motorised products, is done at their own volition and the customer is the sole responsible for compliance with local laws. We make no representations that the products and services offered are appropriate or available for use in any location.
Article 2: Prices
The prices appearing on our website are expressed in euros (€) and do not include shipping costs. Prices can be modified at any time and without notice. During the checkout process, transportation cost may be added. The transportation cost is calculated automatically taking into account :
- The nature of the ordered articles.
- The destination of the order (delivery address).
- The selected shipping method.
Certain products and services may benefit from a “Free shipping” offer. Where applicable, this is clearly mentioned during the ordering process, on the order summary and on the Customer’s purchase invoice. All orders will be invoiced:
- Inclusive of all taxes (VAT included) for the EU zone. The applied VAT rate will be determined by the delivery address. We apply the VAT rate of the country where the goods are delivered (1).
- Exclusive of taxes (VAT excluded) for non-EU areas and for EU areas with customs barriers (2)
(2) For orders outside the EU and to EU areas with customs barriers, custom taxes, charges and duties may be due to the local administrations/authorities of the customer’s destination.
The prices charged are those applied at the time of the order within the limits of available stocks and subject to typographical errors or modification of the EU VAT rates. Any change in those rates would then be immediately reflected in the selling prices. For EU cross border sales to professional customers, we may issue a Pro-forma invoice without VAT and charge the customer without VAT. This is only possible if the professional customer provides us with a valid VAT number.
Article 3: Orders
To validate an order, the customer must first identify herself/himself, either by connecting to an existing account or by creating a new one during the checkout process. For each order, on our website’s checkout page, the customer provides her/his surnames, first names, telephone numbers, e-mail address and billing/delivery addresses :
- New customers fill the checkout form which data will be saved in their newly created accounts in order to facilitate futur purchases.
- Returning logged-in customers data is pre-filled in the checkout form.
During the checkout process, the customer chooses a shipping method (Article.5) and one of our proposed payment methods (Article.4). By clicking on the payment button, the customer definitively validates the order and agrees without reserve to our General Terms & Conditions. Starting from this moment, the order is recorded on our database, and an order reference is communicated to the customer :
- In the order’s summary page
- By email in the order confirmation email.
The data recorded by us on our server system constitute the proof of the nature, content, and date of the order. Once the order is registered, the customer can locate and consult it on her/his personal account, section “My Orders”.
2. Modifications of order
For any modification or cancellation of a registered order, the customer is invited to get in touch with our customers service department via our commercial contact form or by email. Orders can’t be modified or canceled after the products constituting the said order have been shipped. We reserve the right to refuse an order’s modification or cancellation request for :
- Customised products.
- Out of catalog products.
- Products supplied on demand.
In the cases specified above, we may still accept to cancel or modify the order with a penalty of up to 25% of the total amount of the order including all taxes. The penalty is deducted from the amount refunded to the customer.
Our company provides the customer with a purchase invoice for each completed and fully paid order. The purchase invoice is sent to the customer by electronic means to the email address registered on her/his account. The purchase invoice is nominative, it is the only acceptable proof of purchase and is only valid if presented by the buyer in person and accompanied by a valid identity document (ID card or passport).
4. Purchases as a professional
We don’t cover in any case the prejudice suffered by a professional customer that has purchased one or more of our services or products and which, following a breakdown or a delay in delivery or any other impacting event of any nature, is negatively affected in its activity or its turnover.
5. Transaction security
In order to secure the payment transactions carried out on our website and in order to prevent online fraud, the customer’s payment method data and the customer’s data are transmitted to our payment processing partners (Stripe, Paypal, Alma…) and automatically analysed by those partners. In case an alert of any nature is raised by our payment partners (suspicion of fraud, additional informations required…), we reserve the right to :
- Request additional informations or documents from the customer (identity proof, proof of income, proof of rightful ownership of the payment method, proof of address…).
- Cancelling the order should the customer fail to provide sufficient proof to dispel the suspicion of fraud.
We reserve the right to take any reasonable action dedicated to prevent and fight online fraud when justified and necessary.
Article 4: Methods of payment
We accept the methods of payment stipulated in the present article (Article 4). We may accept other payment methods that will be visible to the customer during the checkout.
1. Credit Card (Apple Pay, Visa, Amex, Mastercard, UnionPay…)
The validation of the order by credit card is worth the mandate to pay the total amount of the order all taxes included. For payments by credit card, the customer fills in her/his bank card details directly on our website’s checkout page :
- Card number.
- Bank card expiration date.
The payment and bank card data are processed by our Stripe or Revolut payment partners (https://stripe.com/ – https://business.revolut.com/). Stripe and Revolut provide our customers with the 3D Strong Authentication protocol in order to reinforce the security and safety of their transactions on our website. During the payment process, the customer receives an SMS/Bank-App notification with an authentication code necessary to complete the transaction. The 3D secure authentication is mandatory in order to complete the payment and validate the order. At the end of each successful transaction, a payment certificate is issued by our payment partner to the customer by dematerialised means. It is up to the customer to keep/archive this certificate as proof of the carried out transaction.
2. Bank Transfer
The customer can pay for the order by bank transfer using the SEPA or SWIFT protocols. To pay by bank transfer, the customer chooses the “Bank Transfer” payment method on our website’s checkout page and validates the order. Once the order is passed, our company’s bank details are communicated to the customer :
- On the order’s summary page.
- In the order’s confirmation email.
The customer manually transfers the amount of the order all taxes included by using the SEPA or SWIFT bank transfer function of her/his bank account. The processing of the order by us only starts upon reception of the funds by us and never before. If the funds are not received by us within seven working days starting from the order’s registration date/time, the order is automatically canceled.
3. Alma (split payments)
Some orders may be eligible to payment by instalments via our Alma payment partner. For orders paid via Alma, the customer is redirected for the payment on Alma’s website via SSL encryption protocol. In order to gain access to Alma’s split payments service and payment method, the customer needs to accept Alma’s General Terms & Conditions and comply with any of Alma’s requirements. Alma processes the payment in the following fashion :
- The first monthly payment is taken as soon as the order is validated.
- The remaining instalments are debited by Alma from the customer’s bank account every following month according to the schedule communicated by Alma to the customer during the payment process.
Choosing Alma induces the payment of a commission that is expressed as a percentage of the total amount of the order including all taxes. The amount of this commission is :
- Communicated to the customer by Alma during the payment process.
- The most often paid by the customer to Alma with the first monthly payment.
4. Paypal & Klarna
We reserve the right to charge the customer a commission related to the chosen payment method. This potential commission shall be expressed as a % of the total amount of the order including all taxes. The commission’s amount shall be clearly communicated to the customer during the checkout process.
Article 5: Transport
1. Modes of delivery
Delivery is made exclusively to the address specified by the customer when placing the order (delivery address section on the checkout page). Once the order is passed/validated, the customer can request a modification of the delivery address prior to the effective shipment of the goods but we reserve the right to refuse any modification request at any given time. During the checkout process, the customer has the possibility of choosing a shipping provider but we are not engaged by that choice. We may choose to ship the order with a transporter different than the one chosen by the customer during the checkout process. Delivery is carried out by our transport service providers :
- Any other transporter chosen by us for the delivery
If the customer is not present in the given address at the time of the delivery, the transporter may reschedule a delivery or deposit the package in a relay point. If the package is deposited in a Relay Point, the customer has 7 calendar days to pickup the package. If the customer does not show up at the Relay Point and the 7 days period passed, the customer will bear the cost of the return transportation and any further transportation or storage costs.
Delivery can only be carried out once the order has been validated and payment has been made in full. An order can, in rare cases, be cancelled and fully refunded if, for any reason, we are unable to carry out the shipment. If an order is cancelled by us, the customer cannot ask for any compensation of any sort. The limit of our company’s liability is the full refund of the sums paid by the customer. In the case of exports outside the European Union and to EU territories with customs barriers, our company is only responsible for the package(s) until arrival in the country of destination. As soon as the package(s) reaches the border of the order’s delivery country, the customer is the only responsible for :
- Anything related to the package(s).
- All customs clearance procedures.
- The security of the package(s).
- Any additional costs related to :
- Customs clearance.
- Payment of taxes, fees and duties.
- Guarding of the package(s).
- Loss/destruction of the package(s).
- Failure of the customs clearance procedure and thus the return of the package(s) to us/to the sender. The customer will bear the incurred costs.
If the successful delivery of the order is prevented/made impossible by any mistake/omission engaging the customer’s responsibility, the customer will bear all incurred costs (return transport, storage…) and will be solely responsible for generated negative impacts (package destruction, package loss…). Some examples below :
- Wrong delivery address provided to us by the customer.
- The customer refuses the package even when the package(s) is/are delivered in good condition.
- A prolonged absence of the customer from the delivery address.
- Failure of the customs clearance procedure.
- Any other reason engaging the customer’s responsibility.
It is the responsibility of the customer who wishes to track his or her parcel to ask the seller for the parcel number by e-mail.
The customer accepts that the carrier’s tracking is authoritative. We will not accept complaints about lost packages if the carrier’s tracking indicates that the package(s) were delivered to the customer’s address.
2. Delivery time
As soon as the customer’s order is validated, we make every reasonable effort to start the shipment as soon as possible :
- In stock products are shipped on a 5 business days notice.
- Products marked on “back-order” | “pre-order” and products supplied on demand are shipped when available. The customer can request from us an estimation of the waiting time by using our commercial contact form.
Once the order is shipped, the shipping time may vary depending on elements and criteria outside the scope of responsibility of our company. Our company cannot be held responsible for a transport delay or its direct consequences. The customer can only request a full refund if :
- The transport delay is superior to 15 calendar days for orders with a delivery in the EU.
- The transport delay is superior to 45 calendar days for orders with a delivery outside the EU or to EU territories with customs barriers.
The effective refund is only made by us once the transporter confirms the return of the package(s) to us. In any case, our company’s limit of liability is the full refund of the sums paid by the customer, no additional compensation for late delivery can be claimed.
3. Reception of the order
When the carrier presents the parcel(s), the customer should be present at the delivery address to allow a delivery under the best possible conditions. Delivery to the floors is not guaranteed and is subject to the driver’s good will. Upon receipt of the goods, the customer, in presence of the carrier (whoever it may be), must immediately check :
- The condition of the package(s)
- The content of the package(s)
- The condition of the content of the package(s)
In case an anomaly arises during the above inspection :
- Damaged package(s)
- Damaged product(s)
- Missing product(s)
- Anything deemed of interest by the customer
The customer must immediately :
- Express detailed reservations on the delivery slip/note (1)
- Take photos and videos of the anomalies (2)
- Communicate a copy of (1) and the elements in (2) within three business days by email to us.
By signing without reserve the delivery slip/note or by being absent from the delivery address, the customer accepts the products delivered in the state they are in. No claim for damage or missing products will be accepted by our company. It is the full responsibility of the customer to carry out all necessary checks in presence of the carrier and when necessary to make all detailed reservations.
Article 6: Right of withdrawal
1. Method of exercising the right of withdrawal
Starting from the date of effective delivery of the order and if the customer is a private individual, the customer has a period of 14 days to notify us of her/his wish to withdraw by filling out the withdrawal form on our website. Our team will communicate to the customer upon reception of this form and after verification of the elements transmitted a return number to be attached to the return package(s). Our team will organise with its partner carriers the return of the package(s) constituting the order, at the expense of the customer (1). If the customer wishes, the latter can take care of the return procedure independently (2). The returned product(s) must be totally clean, in perfect condition and packaged correctly. Any product(s) received by us dirty, worn-out, damaged or with visible traces of use will be refused. Upon reception of the package(s) in perfect condition and in no more than 10 business days, our company shall issue a refund to the customer of the total amount paid for the order including taxes after deducing :
- The amount paid by us for the return transportation if our company organised the transport (1).
- The initial transportation cost (from our warehouses to the customer’s delivery address)
- Any commission or interest rate or over-charge of any kind paid by us to the financial institution that processed the customer’s initial payment transaction. For example, Stripe charges us 1.4% of the total amount of the order including taxes for any processed transaction, the corresponding amount is not refunded to us by Stripe and shall not be refunded by us to the customer.
2. Restrictions on the right of withdrawal
The right of withdrawal does not apply to:
- Consumables and spare parts as soon as their packaging is unsealed.
- Products supplied on demand or marked as such.
- Special orders (references outside the catalog).
- Incomplete, damaged, dirty or worn-out products.
- Motorised products that were used.
- Products with visible traces of use.
Article 7: Warranty and after-sales service
1. Scope of the guarantee
Chargers are guaranteed two years.
All motorised products sold on our website are guaranteed:
- 2 years for the electronic components (controllers, displays…).
- 1 year for the battery.
- During 3000 km mileage.
The warranty is voided for :
- Components with oxydation damage.
- Batteries in deep discharge state.
- Components damaged by overheating.
- Components having suffered water damage.
- Components having suffered from short circuiting.
- Components having suffered damage from accidents.
- Components manipulated by the customer without our authorisation.
- Components having suffered damage during manipulations by the customer.
There is no warranty on the consumables, amongst them (non exhaustive list) :
- LED lights.
- Tires and inner tubes.
Second hand or demo products are sold with a shorter warranty period, which is specified on the customer’s purchase invoice. The warranty does not cover damage/malfunctions resulting from accidents, improper use of the products, assembly/disassembly errors, negligence in the maintenance of the products or modifications of any kind to the products. Any equipment disassembled without our agreement, modified or not properly maintained by the customer will lose its right to the warranty. Any product showing traces of shock or overheating will lose its right to the guarantee. Moreover, any operation undertaken by the customer on the products without the agreement of our company shall engage its sole responsibility and may generate risks for the safety of goods and persons.
2. Methods of exercising the guarantee
To benefit from the guarantee, the customer must fill the after-sales form available on our website. Any incomplete or incorrect form will be refused. Upon reception of the after-sales form, our team will study the provided information and may ask the customer for additional information if necessary. If our team deems the warranty applicable to the presented case, an RMA (Return Merchandise Authorisation) is issued to the customer. Once the RMA is issued, the customer has the task of sending the defective product(s) to our repair workshop (address of the workshop provided by us in the RMA). The return of the product(s) to our repair workshop is at the customer’s expense and risk. Any returned product must be returned in its original package with all the appropriate physical protections. Products returned by the customer poorly protected will not benefit from the guarantee. It is therefore up to the customer to ensure that the product(s) are correctly protected and insured during the transport. In the same way, products received by us :
- With signs of abusive usage
will not be covered by the guarantee. If the warranty is refused upon reception of the returned product(s) for any of the exclusion cases described above, the customer shall bear all further costs (diagnosis/repair costs, further transportation costs, storage costs…).
3. Legal guarantees
In accordance with the Consumer Code, the provisions hereof may not deprive the consumer of the legal guarantees of conformity and hidden defects. The legal guarantee of conformity : The seller is required to deliver a good in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. The action resulting from the lack of conformity shall be time-barred after 2 years from the delivery of the goods. The legal guarantee against hidden defects : The seller is bound by the guarantee on account of the hidden defects of the thing sold which render 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 paid a lower price for it, if he had known about them. The action resulting from a latent defect must be brought by the purchaser within 2 years from the discovery of the defect.
4. Special features
The provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold or the service provided. This clause is only applicable in the event of full payment of the order. Our company is not the producer of the products presented, within the meaning of the law relating to the responsibility because of the defective products. Our company takes care to apply the guarantee on any returned product(s) in an efficient fashion and as soon as possible. However, when the repair requires the return of the product to the producer, or the order of a spare part from the producer or its local representative, our company cannot be held responsible for any delays due to the producer or its local representative. In case the customer returns a defect free and functional product, a fixed-price basis for taking care and diagnosis is invoiced to the customer. This base is 99€ VAT included, to which are added the shipping costs for the return of the goods to the delivery address of the customer.
Article 8: Reservation of ownership and responsibility
Our company retains ownership of the goods until full payment. The transfer of property of the goods is made at the time of full payment of the total amount of the order including all taxes. However, during the period that goes from the delivery to the transfer of ownership, the risks of loss, theft or destruction are incurred by the customer. The non-fulfillment of the payment obligations by the customer, for whatever reason, gives our company the right to demand the immediate return of the goods delivered at the expense, risk, and peril of the customer. In case of disagreement with this clause, the consumer may contact the Mediator of the Bulgarian Republic.
Article 9: Confidentiality of banking data and security of transactions
We undertake to protect the personal data and privacy of our registered customers. Our company, as well as its payment providers (Stripe, Alma, Paypal, Klarna…), are the recipients of the personal data relating to the payment of orders. The payment providers are responsible for the automated processing of these data whose purpose is to define the level of risk of a transaction and to fight against bank fraud. We only transmit to our payment providers the data necessary to the analysis of transactions. We do not sell our customers data. We do not share any of our customers data with any third party that is not involved in the sales process and that is not part of the entities operating our website. In order to meet fiscal and legal obligations, a paper and computerised copy of each invoice will be kept for 10 years by our company.
Article 10: Attribution of jurisdiction and conciliation of parties in case of any kind of dispute
Contractual information is presented in English then auto translated to French, German, Italian and Spanish. In case an ambiguity arises in the reading or understanding of the present general terms and conditions, the English version of the present general terms & conditions has absolute priority in form and meaning.
We make no representations that the products and services offered are appropriate or available for use in any location. For domestic and foreign customers, it is up to the customer to check with the local authorities the conformity of our products with the legislation in force. Our company disclaims any responsibility for questions relating to compliance. The customer accepts that any usage of the products offered by us, and particularly our motorised products, is done at their own volition and the customer is the sole responsible for compliance with local law and regulations.
In the event of a dispute between the seller and the customer, the latter undertakes to initiate a conciliation procedure directly with the seller in order to settle the dispute without the intervention of a third party, whether natural or legal. This procedure replaces any other existing form of resolution for a period accepted by the customer of 30 working days.
For professional customers, all disputes relating to the formation, execution, and termination of contractual obligations between the parties that cannot be settled amicably shall be submitted to the jurisdiction of the Commercial Court of Sofia, Bulgaria, in whose jurisdiction is located the registered office of our company.