Terms and Conditions of Sale (TCS)
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Qaisse Qamar, individual entrepreneur ("the Seller"), with consumers and non-professional buyers ("the Clients or the Client"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website streetride.fr.
They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Clients.
These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, prior to any transaction with the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels.
They are accessible at any time on the streetride.fr website and will prevail, where applicable, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase is that in force on the website on the date the order is placed.
ARTICLE 2 – Products Offered for Sale
The Products offered for sale on the streetride.fr website are as follows:
- Electric scooters
- Drones
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the streetride.fr website.
The Client is required to read them before placing any order. The choice and purchase of a Product are the sole responsibility of the Client.
The photographs and graphics presented on the streetride.fr website are not contractual and cannot engage the Seller's liability.
The Client is required to refer to the description of each Product to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.
Contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Client.
ARTICLE 3 – Validity Period of Product Offers
Product offers are valid within the limits of available stock, as specified when the order is placed.
ARTICLE 4 – Seller's Contact Information
The Seller's contact information is as follows:
Qaisse Qamar – individual entrepreneur
60 Rue François 1er
75008 Paris, France
Email: contact@streetride.fr
Phone: +33 6 17 68 27 99
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Client has, at any time, a right of access, rectification, opposition, erasure and portability of all of their personal data by writing, by mail and providing proof of identity, to the Seller's address, mentioned above.
The validation of the order by the Client implies unreserved acceptance of these General Terms and Conditions of Sale.
The Client acknowledges having the necessary capacity to contract and acquire the Products offered on the streetride.fr website.
ARTICLE 5 – Orders
5-1. Placing an order. It is the Client's responsibility to select the Products they wish to order on the streetride.fr website, according to the following procedure:
The Client has the possibility to check the details of their order, its total price and to correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any error immediately.
An order is registered on the streetride.fr website when the Client 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 all of these General Terms and Conditions of Sale as well as the general terms of use of the website.
The sale is final only after the Seller has sent the Client an email confirming acceptance of the order, which must be sent without delay and after full payment has been received by the Seller.
Any order placed, validated by the Client and confirmed by the Seller, under the conditions and according to the procedures described above, on the streetride.fr website constitutes the formation of a distance contract between the Client and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
The Client can track the progress of their order on the streetride.fr website under the "Order tracking" section.
The Seller is not intended to sell the Products on the streetride.fr website to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities.
5-2. Modification of the order. Any modifications to the order by the Client can only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the following address: contact@streetride.fr, before the order is shipped.
In the event that these modifications cannot be accepted by the Seller, any sums paid by the Client when placing the order will be refunded within a maximum of fourteen days from the notification of the impossibility of accepting the modifications requested by the Client (unless the Client prefers to receive a credit note or an exchange).
5-3. Cancellation of the order. Orders can be cancelled by the Client, excluding the exercise of the right of withdrawal or cases of force majeure, as long as the order has not been shipped, at no cost to the Client.
ARTICLE 6 – Prices
The Products are supplied at the current prices listed on the streetride.fr website, at the time the order is registered by the Seller. Prices are expressed in euros, all taxes included. VAT not applicable, article 293 B of the CGI (VAT exemption). For served countries where the official currency is not the euro, prices are converted and displayed in the local currency at the time of order, and payment is then made in that currency.
Prices take into account any reductions that may be granted by the Seller on the website.
These prices are firm and non-revisable during their validity period, as indicated on the website, the Seller reserving the right, outside this validity period, to modify prices at any time. They include processing, shipping, transport and delivery costs.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
ARTICLE 7 – Payment Conditions
The price is payable in full on the day the order is placed by the Client, by secure payment, according to the following methods:
- By credit cards: Visa, Mastercard, American Express and Cartes Bancaires
- Apple Pay
- PayPal
- Klarna
Depending on the delivery country, local payment methods may also be offered at the payment stage, including Bancontact, BLIK, EPS and MobilePay. The payment methods actually available are displayed at the payment stage.
Payment by credit card is irrevocable, except in cases of fraudulent use of the card. In this case, the Client may request the cancellation of the payment and the refund of the corresponding sums.
ARTICLE 8 – Deliveries
The Products ordered by the Client are delivered in France as well as in the European Union countries currently served by the shop, the list of which is included in the shipping policy. Available destinations are displayed when placing the order.
The delivery time corresponds to the order processing time (1 to 3 working days) plus the estimated delivery time after dispatch (7 to 12 working days), weekends and holidays not being counted. The Products are delivered to the address indicated by the Client when placing their order on the website.
Delivery is constituted by the transfer of physical possession or control of the Product to the Client. Except in specific cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above. However, these deadlines are given for indicative purposes. If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be cancelled at the Client's written request under the conditions provided for in articles L. 216-1 and following of the Consumer Code. The sums paid by the Client will then be reimbursed at the latest within fourteen days following the date of cancellation of the contract, excluding any compensation or retention.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or to refund the Client, as indicated in the article "Seller's Responsibility - Guarantee".
The Seller bears the risks of transport and is obliged to reimburse the Client in case of damage caused during transport.
ARTICLE 9 – Transfer of Ownership – Transfer of Risks
The transfer of ownership of the Products from the Seller to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration related thereto will only occur when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 – Right of Withdrawal
In accordance with the legal provisions in force, the Client has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days following the notification to the Seller of the Client's decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the streetride.fr website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or by any other unambiguous declaration expressing the will to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Client.
The refund will be made within fourteen days (maximum 14 days) from the notification to the Seller of the decision to withdraw.
ARTICLE 11 – Seller's Responsibility – Warranty
The Products sold on the streetride.fr website are intended for recreational use, with performance compatible with non-professional use. The performance advertised by manufacturers is understood for use on private land, circuits or authorized areas. On public roads in France, the circulation of motorized personal mobility devices is subject to applicable regulations (in particular a speed limited to 25 km/h by design); it is the Client's responsibility to check, before any circulation, the conditions of use applicable to the chosen device. In other European Union countries, traffic, speed, minimum age and compulsory equipment rules are set at the national level and may differ from French regulations: it is the Client's responsibility to check the regulations in force in their country of residence before any use.
The Products supplied by the Seller benefit as of right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- of the legal guarantee of conformity, for Products that are apparently defective, damaged or spoiled or do not correspond to the order;
- of the legal guarantee against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use;
under the conditions and according to the terms defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Client has a period of two years from the delivery of the goods to act against the Seller; can choose between repair or replacement of the ordered Product, subject to the cost conditions provided by the Consumer Code; is exempted from providing proof of the existence of the Product's lack of conformity during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of any commercial warranty that may cover the Product. The Client can decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, they can choose between cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
The Seller will refund or replace Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's ascertainment of the lack of conformity or the hidden defect. The refund will be made by crediting the Client's bank account.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country where the products are delivered, which it is the Client's responsibility to check;
- in case of misuse, professional use, negligence or lack of maintenance on the part of the Client, as in case of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 12 – Personal Data Protection
In application of Law 78-17 of January 6, 1978, amended by Law n° 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client are necessary for the processing of their order and the establishment of invoices, in particular. This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the streetride.fr website complies with legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Client has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing concerning their information. This right can be exercised under the conditions and according to the terms defined on the streetride.fr website.
ARTICLE 13 – Intellectual Property
The content of the streetride.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting, parasitism and unfair competition.
ARTICLE 14 – Unforeseeability
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all sales operations of Products from the Seller to the Client. The Seller and the Client therefore each waive the right to invoke the provisions of Article 1195 of the Civil Code and the unforeseeability regime provided therein.
ARTICLE 15 – Force Majeure
The Parties shall not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 16 – Applicable Law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom 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 be deemed authentic in the event of a dispute.
When the Customer is a consumer residing in another Member State of the European Union, this choice of law cannot have the effect of depriving them of the protection afforded by the mandatory provisions of the law of their habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008, known as "Rome I".
ARTICLE 17 – Disputes
All disputes to which the purchase and sale operations concluded in application of these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, 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 may in any case have recourse to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Mediator for the streetride.fr website: CM2C (Centre de médiation de la consommation de conciliateurs de justice), 49 rue de Ponthieu, 75008 Paris – Telephone: 01 89 47 00 14 – www.cm2c.net. The Customer may contact CM2C free of charge after a prior written complaint has been sent to customer service (contact@streetride.fr).
Any complaint must first be sent in writing to customer service: contact@streetride.fr. The Customer can also consult the European Commission's information page dedicated to consumer dispute resolution: https://commission.europa.eu/topics/consumers/consumer-rights-and-complaints/resolve-your-consumer-complaint_fr.
Consumer Customers residing in another Member State of the European Union may also contact the European Consumer Centre in their country of residence, a member of the network of European Consumer Centres (ECC-Net).
ARTICLE 18 – Pre-contractual information – Customer Acceptance
The act of a natural person (or legal entity) ordering on the streetride.fr website implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.
APPENDIX 1 – Provisions relating to legal guarantees
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not its date of appearance.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully reimbursed against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, particularly when the consumer permanently bears the costs of collecting or removing the non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not obliged to request repair or replacement of the goods beforehand.
The consumer does not have the right to terminate the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who maliciously obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the goods are kept or to a full refund against return of the goods.
APPENDIX 2 – Withdrawal Form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on streetride.fr, except for exclusions or limitations on the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of StreetRide, by email: contact@streetride.fr
- Order of: ...........................................................
- Order number: ...........................................................
- Customer name: ...........................................................
- Customer address: ...........................................................
Customer signature (only in case of notification of this form on paper)