Preamble
By validating their order, the Customer declares to accept without reservation the terms of said order as well as all of the present General Terms and Conditions of Sale (hereinafter "GTCS"). The company designated in the articles below by the name "Easyboost" is the simplified joint-stock company (SAS):
Easyboost
19 rue de l'Industrie
67400 Illkirch-Graffenstaden
France
President: Michel Kotoujansky
SIRET: 88342400400025
VAT: FR00883424004, GB351886473, IT00431369990, DE331511311, ESN0025007F, PL5263330105, CZ685302671
Phone: +33 7 82 28 10 77
Email: info@easyboost.fr
The website www.easyboost.fr is hosted by:
OVH — 2 rue Kellermann, 59100 Roubaix, France
Article 1. Purpose and scope
These GTCS set out the rights and obligations of Easyboost and its customers in the context of the sale of products available on the easyboost.fr website.
These GTCS apply both to business buyers (B2B) and consumer buyers (B2C). Where different provisions apply depending on the buyer's status, they are specified in the relevant articles.
Any order placed on the website implies the buyer's unreserved acceptance of these GTCS as in force at the time of the order.
Article 2. Prices
The prices of the goods sold are those in force on the day the order is placed. They are denominated in euros, excluding taxes and inclusive of all taxes as indicated.
Additional and variable shipping fees apply to each order placed and are indicated before final confirmation.
Easyboost reserves the right to modify its prices at any time. However, it undertakes to invoice the ordered goods at the prices indicated when the order was registered.
Article 3. Rebates and discounts
The prices offered include any rebates and discounts that Easyboost may grant taking into account its results or the buyer's assumption of certain services.
Article 4. Early payment discount
No discount will be granted in case of early payment.
Article 5. Payment terms
Orders are paid by credit card, bank transfer, or via the PayPal online payment platform.
When placing the order, the buyer must pay the full amount of the invoice.
Article 6. Default of payment and retention of title
In the event of total or partial default of payment, the order will not be shipped.
Easyboost retains ownership of the goods sold until full payment of the order price, including principal, interest and ancillary costs.
Article 7. Delivery
Delivery is made by shipment from our warehouses located in France to the address provided by the buyer or to a pick-up point, for the attention of the buyer.
The delivery time indicated when the order is registered is given for information only and is in no way guaranteed. For consumer buyers, in accordance with article L.216-1 of the French Consumer Code, Easyboost undertakes to deliver the order within a maximum of 30 days from receipt of payment.
The risk of transport is borne entirely by the business buyer. For consumer buyers, the risk is transferred at the time of physical possession of the product, in accordance with article L.216-4 of the French Consumer Code.
Article 8. Condition of goods
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within 5 days of delivery by registered letter with acknowledgement of receipt.
Failing this, the goods will be deemed accepted without reservation and no claim may be taken into account.
Article 9. Right of withdrawal
Consumer buyers (B2C): in accordance with articles L.221-18 et seq. of the French Consumer Code, consumers have a period of 14 days from receipt of the goods to exercise their right of withdrawal without having to justify their decision.
To exercise this right, the consumer must notify their withdrawal decision in writing to info@easyboost.fr or by post to the company's address. The consumer may use the model withdrawal form provided in the annex to article R.221-1 of the French Consumer Code, although this is not mandatory.
The goods must be returned within 14 days following the notification of withdrawal, in their original condition, complete and not installed. Return costs are borne by the consumer. The consumer may be liable for any depreciation of the goods resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.
Easyboost will refund the consumer the full amount paid (excluding additional initial delivery costs if the buyer had chosen a more expensive delivery method than the standard one) within 14 days of receipt of the returned goods or of the provision by the consumer of proof of shipment, whichever is earlier.
Exceptions to the right of withdrawal: in accordance with article L.221-28 of the French Consumer Code, the right of withdrawal does not apply in particular to goods made to the consumer's specifications or clearly personalised, to sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed after delivery, and to goods which, after delivery and by their nature, are inseparably mixed with other items.
Business buyers (B2B): the right of withdrawal is reserved for consumers. No returns will be accepted from a business buyer except with the express prior agreement of Easyboost.
Article 10. Validity of electronic exchanges
The Customer acknowledges the validity and probative force of electronic exchanges and records made by easyboost.fr and accepts that said records have the same probative force as a handwritten document.
Article 11. Usage limitations
The items offered on the easyboost.fr website, when installed on mopeds, may render the latter non-approved for road use. By placing an order, the buyer undertakes not to infringe the legislation in force concerning the modification of motorised vehicles by misusing the parts ordered.
Although designed with a constant concern for reliability, Easyboost cannot guarantee the perfect resistance of its products when they are subjected to situations other than those for which they were designed, namely: adding an aesthetic or technical dimension to vehicles intended for off-road use (circuit, exhibition, private land).
The buyer is solely responsible for the conformity of their vehicle with the regulations applicable in their country of use. Easyboost cannot be held liable for any direct or indirect consequences linked to a non-compliant use of the parts sold.
Article 12. Late payment penalties and flat-rate recovery indemnity
For business buyers, in accordance with article L.441-10 of the French Commercial Code, any late payment automatically entails, without the need for a reminder:
- late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points;
- a flat-rate recovery indemnity of EUR 40 per unpaid invoice;
- an additional indemnity, upon justification, when the recovery costs incurred exceed the amount of this flat-rate indemnity.
These penalties run from the day following the due date shown on the invoice, without any formal notice being required.
Article 13. Termination clause
In the event of total or partial default of payment on the due date, and 8 days after a formal notice has remained unanswered, the sale will be terminated by operation of law if Easyboost expresses such intention, without prejudice to any damages.
Any sums paid by the buyer will be retained by Easyboost as damages. The buyer will be required to return the delivered goods at their own expense and risk.
Article 14. Force majeure
The liability of Easyboost cannot be invoked if the non-performance or delay in the performance of any of its obligations described in these GTCS results from a case of force majeure. Force majeure means any event beyond the control of Easyboost, which could not reasonably be foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, within the meaning of article 1218 of the French Civil Code.
Article 15. Personal data
Personal data collected as part of orders are processed in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act. The Customer has the right to access, rectify, erase, port and oppose the processing of their data. These rights may be exercised by email to info@easyboost.fr.
Article 16. Applicable law and jurisdiction
These GTCS are governed by French law.
Failing amicable settlement:
- For B2B disputes: any dispute will be brought before the Commercial Court of Strasbourg, to which the parties expressly grant jurisdiction, even in the case of multiple defendants or third-party claims.
- For B2C disputes: in accordance with articles R.631-3 et seq. of the French Consumer Code, the consumer may bring proceedings before either the courts territorially competent under the Code of Civil Procedure, or the court of the place where they resided when the contract was concluded or when the harmful event occurred. The consumer may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.