Table of Contents
I - General information
1 - These General Terms and Conditions of Sale (hereinafter the "GTCS") govern the subscription and use of the "BeevCare" warranty (hereinafter the "Warranty"), a warranty covering the installation of charging stations intended for private customers (hereinafter the "Purchasers" or the "Purchaser") of the company BEEV, a simplified joint stock company with capital of €1.200, having its registered office at 5 Rue Pleyel 93200 SAINT-DENIS and its unique identification number 851 682 807 R.C.S. BOBIGNY (hereinafter the "Supplier").
2 - These General Terms and Conditions apply to the Guarantee, to the exclusion of all other conditions. It should be noted, however, that the sale and/or installation of electric mobility equipment is subject to general terms and conditions of sale available at the following address: https://www.beev.co/conditions-generales-de-vente/
The General Terms and Conditions can be accessed at any time on the website https://www.beev.co/ (hereinafter the "Website") and shall prevail, where applicable, over any other version. The General Terms and Conditions of Sale may also be sent to the Buyer on request by telephone, e-mail or post.
3 - Any subscription to the Guarantee implies the Buyer's acceptance of the GTCS, regardless of the Buyer's general terms and conditions of purchase, which may in no circumstances be invoked against the Supplier.
4 - If one of the clauses of the GCS is null and void or annulled, the other clauses will not be invalidated.
5 - The Supplier reserves the right to refuse any order from a Buyer with whom it has a dispute.
6 - The fact that the Supplier does not apply and/or does not take advantage, at a given time, of any of the provisions of the General Terms and Conditions of Sale, may not be interpreted as a waiver of the right to take advantage of the said General Terms and Conditions of Sale at a later date.
II - II - Purpose and scope of the Guarantee
1 - The Warranty provides the Buyer with additional cover to the legal warranties, to ensure that their recharging point charges smoothly and responsively.
2 - The Buyer will benefit from the following cover:
- Wear and tear guarantee This warranty covers any malfunction of the recharging point installation due to normal wear and tear of the equipment. In this case, the Supplier will repair or replace the components affected by wear and tear. This guarantee does not apply except in cases of normal wear and tear, in particular in the event of (i) failure by the Buyer to comply with all or part of the safety and usage advice for the products concerned, (ii) misuse, inappropriate use, unreasonable use or abnormal use by the Buyer and (iii) lack of maintenance.
The Supplier may ask the Purchaser for any evidence of wear and tear, particularly in relation to maintenance.
- Human error" guarantee Warranty: This warranty covers any malfunction resulting from improper use or misuse of the equipment. The Supplier will repair or replace the parts affected by the misuse. This guarantee shall not apply in the event of intentional or fraudulent misconduct on the part of the Purchaser, in particular in the event of a deliberate act on his part committed with the knowledge of the inevitable nature of the harmful consequences of such an act. The Supplier may ask the Purchaser for any evidence of human error.
- Vandalism - Theft" cover This guarantee covers any loss suffered in the event of theft or vandalism, within the meaning of the French Penal Code, of the equipment. In this case, the Supplier will replace the damaged items. This guarantee only applies if the Purchaser lodges a complaint following the theft or act of vandalism. The Purchaser undertakes to prove to the Supplier that such a complaint has been lodged, in particular by sending the receipt or copy of the complaint.
- Major forces" guarantee This guarantee covers any loss suffered in the event of unforeseen and irresistible events, falling within the scope of force majeure within the meaning of Article 1218 of the French Civil Code, such as fire, storm, flooding and acts of terrorism. The Supplier will intervene to carry out the repairs or replace the elements affected by the case of force majeure. The Purchaser must provide the Supplier with proof of force majeure by any means.
3 - The Buyer will only benefit from the cover specifically subscribed to, which will only be applicable under the conditions described.
4 - The cover underwritten includes :
- Assistance by e-mail or telephone;
- Coverage of the cost of spare parts or replacement of the recharging point, depending on the solution chosen by the Supplier after analysing the situation;
- The cost of travel and labour required to repair or replace the recharging point.
III - Subscription
1 - The Buyer may make a Guarantee subscription request at any time on the Internet Site, provided that the installation has been carried out by the Supplier or one of its Installer Partners. The subscription will then take place either by signing a contract sent by one of the Supplier's sales representatives, or by subscribing directly on the Internet Site.
2 - Depending on the type of installation, the monthly amount of the Guarantee will be indicated to the Buyer prior to subscription.
3 - Once the Purchaser has taken out the Guarantee, written confirmation from the Supplier will be sent to the Purchaser, including by e-mail.
4 - When the Guarantee is initially taken out, cover is retroactive to the date of installation, on the express condition that no event covered by the Guarantee has occurred by the date the Guarantee is taken out.
5 - The Buyer may modify the options subscribed to at any time. The modification of options during the term of the contract will not be retroactive, but will take effect on the effective date of the request made by the Buyer. In the event of a change to the options subscribed to, a new initial commitment period of twelve months, as defined in Article VIII below, will then apply.
IV - Exercising the Guarantee
1 - In the event of a malfunction being observed or in the event of a situation being covered by the Guarantee, the Buyer must send a request either by post (5 Rue Pleyel 93200 SAINT-DENIS) or by e-mail ([email protected]).
The Purchaser will be contacted by the Supplier's services in order to study the applicability of the warranty and the applicable solutions, repairs or replacement of the terminal. Additional information and documents may be requested from the Purchaser to justify the applicability of the warranty and to enable the Supplier to confirm the information provided by the Purchaser. In the event of refusal to communicate elements and documents enabling the Supplier to assess the applicability of the guarantee, the guarantee may not be implemented.
A dedicated hotline is also available from Monday to Friday, 9am to 7pm, on +33 7 82 96 30 40.
2 - The Guarantee is subject to an excess of €50 for any repair and €200 for any replacement of terminals.
3 - Spare parts or a new terminal may be delivered to the address indicated by the Purchaser when the Guarantee was taken out. The Supplier is entitled to make partial deliveries, if the Purchaser is not reasonably penalised.
4 - The delivery times for parts, installation of parts and replacement of the bollard will be indicated to the Buyer depending on the availability of supplies, stocks or the availability of the Partner, and will constitute mere indications.
V - Sub-contracting
1 - The Supplier may subcontract all or part of the repair and replacement of parts and the terminal to partner companies (hereinafter the "Partner"), which the Purchaser expressly accepts.
2 - The intervention date will be agreed between the Buyer and the Partner.
The Purchaser undertakes to be present during the Partner's intervention. In the event of absence or cancellation of a scheduled appointment, the Partner reserves the right to invoice the Purchaser for travel costs and the Supplier for administration costs.
3 - The Partner must be guaranteed free access to the location where the Products are to be installed. Failing this, in the event of inaccessibility for the Partner, travel expenses may be invoiced to the Buyer.
4 - At the end of the work, an end-of-site report will be signed by the Purchaser and the Partner. The Partner will inform the Supplier.
VI - Buyer's commitments
1 - The Buyer undertakes to pay the monthly price.
2 - If intervention by the Partner appears necessary, the Buyer must have obtained all public or private authorisations that may be required prior to said intervention.
3 - The Buyer undertakes to cooperate in good faith with the Supplier and the Partner.
In this respect, it undertakes in particular to transmit to the Supplier and the Partner accurately, under its sole responsibility, all the information and supporting documents necessary for the performance hereof, and guarantees the accuracy of this information.
It undertakes to notify the Supplier of any change in this information.
4 - Where applicable, the Buyer undertakes to carry out, under its sole responsibility, prior to the date of the Partner's intervention, all administrative formalities, or of any other nature, necessary for the proper performance of the said intervention.
5 - The Purchaser further undertakes to give the Supplier and the Partner unrestricted access to the site of the intervention throughout the duration thereof.
VII - Prices and terms of payment
1 - The Guarantee taken out is subject to a monthly fee, the amount of which was indicated prior to subscription. À At the end of the initial twelve-month commitment period, as defined in Article VIII belowThe monthly price may change after the Buyer has been informed three months before the price change comes into force.
2 - All prices are expressed all including taxes. Taxes are applied in accordance with current regulations.
3 - Each month, the Supplier will issue the invoice corresponding to the monthly price. Payment of the Guarantee is made either by credit card, bank transfer, direct debit or via one of the payment platforms used by the Supplier. Payment will only be effective once the bank payment centres have given their approval.
4 - Any delay or failure to pay one of the invoices will automatically lead to suspension of the Guarantee without prior notice. The Supplier will inform the Purchaser by any means, who will have a period of seven days in which to rectify the situation. À Failing this, the Supplier may invoke the cancellation clause referred to in Article XI below.
5 - In the event of partial payment, this will be deducted first from the late payment penalties, then from the current instalments in descending order of age.
6 - Any delay in payment shall automatically and without prior notice give rise to interest on arrears at a rate equal to the reference rate. (refinancing rate or Refi) Half-yearly report of the European Central Bank (ECB)The amount of interest calculated in this way may not be less than the legal interest rate in force on 1 January or 1 July multiplied by three, plus 10 points. (3). This interest is due by the mere fact of maturity.
For professional Buyers, the fixed indemnity of €40 provided for in Article L. 441-10 of the French Commercial Code will also be automatically applicable to any late payment.
VIII - Duration
The Guarantee is taken out for an indefinite period with an initial commitment period of twelve months from the date of subscription.
At the end of the initial commitment period of twelve month, the Buyer may terminate the Guarantee by giving one month's notice by e-mail to the following address: [email protected].
Any month started is due.
If, at the end of the initial commitment period, the Buyer does not accept any change in the monthly price, he/she may terminate the Guarantee under the conditions set out in the previous article.
IX - Legal guarantees
1 - All spare parts and terminals are covered, automatically and without additional payment, by the legal guarantee of conformity and the guarantee against hidden defects, provided for respectively in articles L. 217-4 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code.
Under the legal guarantee of conformity, the Supplier is liable to the Buyer for defects in the conformity of the goods existing at the time of sale. The Buyer has a period of two years from the date of purchase, without having to prove that the defect existed at the time of sale. The Buyer may choose between replacing the goods or repairing them. If repair and replacement of the goods are impossible, the Buyer may return the goods and have the price refunded or keep them and have part of the price refunded.
Under the legal warranty for hidden defects, the Supplier is liable for hidden defects which may affect the goods sold and which render them unfit for the use for which they were intended, or which reduce this use to such an extent that the customer would not have purchased them, or would only have paid a lower price for them, if he had been aware of them. The Purchaser has two years from the discovery of the hidden defect to return the goods to the Supplier or to notify the Supplier by registered letter with acknowledgement of receipt. It will be up to the Buyer to prove that the defects existed when the goods were sold and are such as to render the goods unfit for their intended use. The Buyer has the right to return the item and happen return the price or keep the item and have part of the price returned.
All claims, requests for exchange or refund must be made by registered letter or by e-mail to the following address: [email protected] within the above-mentioned deadlines.
The Products must be returned in the condition in which they were received, with all the following elements (accessories, packaging, instructions, etc.). Postage costs will be reimbursed on the basis of the invoiced rate and return postage costs will be reimbursed on presentation of supporting documents.
2 - Depending on the nature of the work, it may be covered by the completion guarantee (article 1792-6 of the Code civil)the guarantee of good working order (article 1792-3 of the Code civil) as well as the ten-year guarantee (articles 1792 et seq. of the French Civil Code).
X - Supplier's liability
The Supplier is subject to a general obligation of means.
The Supplier may be held liable in the event of non-performance of the services covered hereby. However, the Supplier shall not be held liable in the event of :
- False, erroneous or incomplete information provided by the Buyer;
- Failure by the Buyer to fulfil its obligations hereunder;
- If the parts and terminals are defective within the meaning of articles 1245 et seq. of the French Civil Code ;
- Failure by the Buyer to comply with all or part of the safety and operating instructions for the parts and terminals replaced;
- Natural wear and tear of replaced parts and terminals;
- From poor electrical protection of the Buyer's installation ;
- From improper useThe Buyer shall be responsible for any damage caused by the use, misuse, unreasonable use or abnormal use by the Buyer of the parts and terminals replaced;
- In the absence of any supporting documentation required by the cover taken out ;
- The occurrence of an event not included in the cover taken out.
In all cases, should the Supplier nevertheless be held liable, it will will be limited to the maximum cover provided by its insurance policies.
In any event, immaterial and/or indirect damage (such as including, but not limited to : loss of earnings, loss of profit or loss of production, financial loss, commercial loss, loss of clientele, commercial disruption of any kind, loss of profit, loss of brand image, loss of data, files or software, third party claims, increase in costs) will not incur the Supplier's liability.
XI - Resolutive clause
In the event of non-performance by the Buyer of any of its obligations, and more specifically particularly If the Purchaser fails to comply with the undertakings set out in Article VI hereof, the Supplier shall send the Purchaser formal notice by registered letter with acknowledgement of receipt. If the Purchaser fails to fulfil its obligation within fifteen days of delivery of the aforementioned letter, the Guarantee shall be cancelled by operation of law at the Supplier's discretion, without recourse to the courts and without prejudice to the Supplier's right to seek compensation from the courts for any damage caused to it by the Purchaser's failure to fulfil its obligation.
XII - Non-transferability
This Guarantee is a contract entered into intuitu personae, and may not be transferred in whole or in part, whether free of charge or for consideration, by the Buyer.
XIII - Right of withdrawal
The consumer or non-professional Buyer, as defined in the French Consumer Code, has a 14-day withdrawal period in accordance with the terms and conditions set out in Articles L.221-18 et seq. of the French Consumer Code.
The right of withdrawal can be exercised using the withdrawal form available at Appendix 1 of these GCS, or by any other unambiguous statement expressing the desire to withdraw.
The Supplier shall immediately send the Purchaser an acknowledgement of receipt on a durable medium.
If the right of withdrawal is exercised within the aforementioned period, only the sums paid when the Guarantee was taken out will be reimbursed.
XIV - Insurance
The Supplier declares that it is insured for its professional civil liability with a company known to be solvent for the performance of its services.
XV - Intellectual property
The content of the Website is the property of the Supplier.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
XVI - Personal data
In accordance with the law 78-17 of 6 January 1978 as amended by law no. 2018-493 of 20 June 2018, it is reminded that the personal data requested from Buyers is necessary for the processing of their order and the preparation of invoices, in particular.
This data may be communicated to any of the Supplier's partners responsible for executing, processing, managing and paying for orders.
The processing of information communicated via the Website complies with the legal requirements relating to the protection of personal data, with the information system used ensuring optimum protection of such data and in particular the RGPD, as well as any other legislative or regulatory provision in force, with the information system used ensuring optimum protection of such data.
In accordance with the national and European regulations in force, the Buyer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.
The Supplier invites Buyers to consult the confidentiality policy to find out about the procedures applicable in this respect: https://www.beev.co/donnees-personnelles/.
XVII - Language and applicable law
These General Terms and Conditions and any transactions arising from them are governed by and subject to French law.
These GTC are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
XVIII - Disputes
In the event of a dispute, the Purchaser may contact the Supplier by telephone (+33 7 82 96 30 40)by e-mail ([email protected])or by post (5 Rue Pleyel 93200 SAINT-DENIS).
With regard to Buyers who are consumers, in the absence of an amicable agreement, any claims or disputes relating to the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to the following mediator: MOBILIANS.
Buyers who are consumers must submit their requests for mediation :
Or by post to the following address Mr. Médiateur de MOBILIANS43 bis Route de Vaugirard - CS 80016, 92197 Meudon CEDEX,
Or by e-mail to : [email protected],
Or on its website: https://www.mediateur-mobilians.fr.
Failing this, or if mediation fails, the competent court will be determined in accordance with the legal provisions.
It is expressly stipulated that for Purchasers who are merchants, all disputes will be submitted to the courts of the Supplier's jurisdiction.
