Online Sales Terms and Conditions – YUBA EUROPE

Updated February 2024

These sales terms and conditions are agreed upon by the company YUBA EUROPE SAS with a share capital of 105,000 euros, whose registered office is located at YUBA EUROPE SAS, 359 Route du Col de Bluffy, 74290 Bluffy France, registered with the Annecy Trade and Companies Register under number 834440521, hereinafter referred to as YUBA EUROPE SAS, managing the site yubabikes.eu and, on the other hand, by any natural or legal person wishing to make a purchase via the internet site yubabikes.eu, hereinafter referred to as “the buyer.”

The company YUBA EUROPE SAS can also be identified by the following information:

Intra-community VAT: FR89834440521

Siret: 834 440 521 00021

APE Code: 4690Z – Wholesale trade

 

Article 1. Purpose

These sales terms and conditions aim to define the contractual relations between YUBA EUROPE SAS and the buyer and the conditions applicable to any purchase made through the internet site yubabikes.eu.

 

The purpose of these general sales terms and conditions is to provide all the legal information on the conditions and modalities under which the company YUBA EUROPE offers for sale the products on its internet site.

 

The contract presents and defines the rights and obligations of the parties that apply, without restriction or reserve, to all the products of the internet site “www.yubabikes.eu.”



Article 2. Pre-contractual Information

The acquisition of a product through this site implies an unconditional acceptance by the buyer of these sales conditions, which the buyer acknowledges having been made aware of prior to their order, of all the information listed in Article L.221-5 of the Consumer Code, and in particular the following information:

  • the essential characteristics and the price of the items and any additional fees;
  • the date or the deadline by which the seller commits to delivering the product;
  • information relating to the identity of the seller, its postal, telephone, and electronic contact details, and its activities;
  • information relating to legal and contractual guarantees and the conditions of their implementation;

Article 3. Prerequisites for Purchase

 

Before any transaction, the buyer declares on the one hand that the purchase of products on the yubabikes.eu site is not directly related to their professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing them to commit under these general sales conditions.

 

YUBA EUROPE SAS retains the possibility to modify these sales conditions at any time, in order to comply with any new regulations or with the aim of improving the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.



Article 4. Products

The products offered are those which appear on the YUBA EUROPE site, yubabikes.eu, of the company YUBA EUROPE SAS, subject to stock availability. YUBA EUROPE SAS reserves the right to modify the product range at any time. Each product is presented on the website in a description summarizing its main technical characteristics. The photographs are as faithful as possible but do not bind the Seller. The sale of the products presented on the YUBA EUROPE site, yubabikes.eu, is intended for all buyers residing in countries that fully allow the entry of these products into their territory.

 

Article 5.  Prices

The prices listed on the product sheets of the internet catalog are in Euros (€) including all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of products. YUBA EUROPE SAS reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery charges, which are billed in addition to the price of the products purchased according to the total amount of the order. The amount of the delivery charges depends on the options chosen by the Customer, the amount of which is indicated before the validation of the order. In case of Force Majeure (especially in the case of a computer bug) resulting in the display on the Site of a derisory or erroneous rate, YUBA EUROPE SAS reserves the right to refuse the order or to cancel the order with immediate reimbursement.

 

Article 6. Order and Payment Methods

Before placing an order, the buyer must create an account on the YUBA EUROPE site, yubabikes.eu. The account creation section is accessible directly from the side menu bar, under the link “my account”. On each visit, the buyer, if they wish to order or consult their account (order status, profile…), must identify themselves with this information. YUBA EUROPE SAS offers the buyer to order and pay for their products in several steps, with only one payment option: payment by credit card. Secure payment by credit card (via the SYSTEMPAY Banque Populaire system): the buyer selects the products they wish to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier (DPD). The next step proposes to check all the information, acknowledge and accept these general sales conditions by ticking the corresponding box, then invites to validate the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure System Pay interface to securely enter their personal credit card details. If payment is accepted, the order is recorded and the contract definitively formed. Payment by credit card is irrevocable. In case of fraudulent use of the card, the buyer may demand the cancellation of the card payment, the sums paid will then be re-credited or refunded. The responsibility of a credit card holder is not engaged if the disputed payment has been proven to be fraudulently made, remotely, without physical use of the card. To obtain a refund of the fraudulent debit and any bank charges that the operation may have incurred, the cardholder must dispute, in writing, the debit with their bank, within 70 days following the operation, or 120 days if the contract binding them to it so provides. The amounts debited are reimbursed by the bank within a maximum period of one month after receipt of the written dispute made by the holder. No charge for the return of the sums can be charged to the holder. The confirmation of an order implies acceptance of these sales conditions, the acknowledgment of having perfect knowledge of them, and the waiver to claim one’s own purchase conditions. All data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and if they have provided it on their order form, YUBA EUROPE SAS will communicate by email the confirmation of the registration of their order.

 

 

Article 7. Reservation of Ownership

YUBA EUROPE SAS retains full and complete ownership of the products sold until the complete collection of the price, including principal, fees, and taxes.

 

Article 8. Withdrawal and Returns

In accordance with Article L121-20 of the Consumer Code, the buyer has a fourteen working days period from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.

Under this withdrawal, the Customer is refunded for their purchase and the initial shipping costs. The costs of restitution necessary for the application of the right of withdrawal remain at the Customer’s expense (Art. L.121-23 of the Consumer Code). In the case of a partial withdrawal on the order, the shipping costs remain acquired by YUBA EUROPE SAS.

To establish the withdrawal request, the Customer can make the request via a standard form as mentioned in the consumer code. Their decision to withdraw must be devoid of any ambiguity. The Customer can also do it by filling out the associated request form.

The Customer must provide the necessary information to identify their order (name on the invoice and/or order number, present on the order slip).

ATTENTION: Please make sure to contact YUBA support before proceeding with your return.

Products must necessarily be returned to YUBA EUROPE SAS in a resaleable impeccable condition, in their original state and packaging.

The Customer has full and complete responsibility for the risks associated with the return. YUBA EUROPE SAS cannot be held responsible in case of loss or damage of a Product during its return.

If the Customer does not meet the above-mentioned return conditions, YUBA EUROPE SAS reserves the right to refuse the return of the Product. In this case, no refund will be issued.



Article 9. Delivery

Deliveries are made to the address specified in the order form, which can only be within the agreed geographical area. Orders are carried out by DPD, delivery service with tracking, delivery without signature. Delivery times are given as an indication only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer refunded. YUBA EUROPE SAS can provide the buyer with the tracking number of their package via email. The buyer is delivered to their home by their delivery person. In the absence of the buyer, they will receive a notice of passage from the delivery person, allowing them to collect the ordered products from the nearest Post Office within a timeframe indicated by the postal services. The risks associated with transport are borne by the purchaser from the moment the articles leave the premises of YUBA EUROPE SAS. The buyer is required to check in the presence of the Post Office employee or the delivery person, the condition of the packaging of the goods and their contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days from the delivery.

 

Article 10. Credits, Gift Certificates, and Discount Vouchers

 

Credits, gift certificates, and discount vouchers issued by YUBA EUROPE SAS via the website yubabikes.eu are intended to be used only on the Site. All gift certificates are valid for 1 year from their issue date. They are not refundable, nor replaceable in case of loss, theft, destruction, or upon expiration of their validity period. They cannot be exchanged or sold and will not lead to any monetary compensation in any form, whether total or partial, including cash back. Credits and gift certificates can be used partially and in several times within the limit of the time for which they are issued. Discount vouchers, on the other hand, can be used only once.

 

Article 11. Warranty

The buyer benefits from the warranty rights applicable on the territory of execution of the present contract, at the date of purchase. To exercise their warranty, the Customer must contact YUBA EUROPE SAS, whose details are provided in Article 15 of these General Terms and Conditions of Sale.

The Customer benefits from the legal warranty of conformity of products (Art. L.217-3 of the Consumer Code). YUBA EUROPE SAS commits to selling only products that comply with the standards and regulations in force within the European Union.

Under Article L.217-7 of the Consumer Code, the Customer has two years to assert the right to the defect of the legal warranty of conformity. The product under warranty is, at the manufacturer’s choice, exchanged or repaired (Art. L.217-8 Consumer Code).

The Customer also benefits from the legal warranty against hidden defects resulting from a defect in material, design, production affecting the delivered products and making them unfit for the use for which they are designed.

In all cases, the “warranty” does not cover:

  • The replacement of consumables
  • Non-compliant use of the Products
  • Defects and consequences due to installation by a non-qualified person
  • Defects and consequences due to a use non-compliant with the purpose of the Product prescribed by the manufacturer.

 

Article 12. Liability

 

YUBA EUROPE SAS, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be held for damage resulting from the use of the Internet network such as data loss, intrusion, viruses, service break, or other involuntary problems.

YUBA EUROPE SAS cannot be held responsible for direct and indirect damages that could occur as a result of the purchase and use of the Products by the Customer. The Customer agrees to respect the regulatory standards and manufacturer’s prescriptions regarding the assembly and use of the Products.

YUBA EUROPE SAS commits to providing all the information at its disposal at the time of purchase to assist the Customer. The total or partial impossibility to use the product, due to an incompatibility of equipment cannot engage the liability of YUBA EUROPE SAS, nor give rise to compensation or reimbursement beyond the regulatory conditions of the right of withdrawal for distance purchases of the consumer code in force.

 

 

Article 13. Intellectual Property

All elements of the YUBA EUROPE site, yubabikes.eu, are and remain the intellectual and exclusive property of YUBA EUROPE SAS. No one is authorized to reproduce, exploit, or use for any purpose, even partially, elements of the site whether in the form of photo, logo, visual, or text.

 

Article 14. Personal and Computer Data

YUBA EUROPE SAS commits to preserving the confidentiality of information provided by the buyer, which would be transmitted for the use of certain services. Any information concerning him is subject to the provisions of the law no. 78-17 of January 6, 1978. As such, the internet user has the right to access, modify, and delete information concerning them. They can request this at any time by mail at the following address: YUBA EUROPE SAS, 359 Route du Col de Bluffy, 74290 Bluffy France, or by email at dpo@yubabikes.com.

 

Article 15. Customer Service and Contact

YUBA EUROPE SAS offers an online sales service. To ensure quality service and information at every stage of the sale, order, billing, and after-sales service, the Client can contact the commercial service using the following details:

 

  • By filling out the associated request form (we advise using this channel as it is the most efficient internally)

  • By mail at the following address: YUBA EUROPE SAS, 359 route du Col de Bluffy, 74290 Bluffy, FRANCE

  • By email at the following address: contact@cargobikedistribution.com

  • By phone at 04.58.10.14.46

 

Article 16. Dispute Resolution

Purchases on the YUBA EUROPE website and these general sales conditions are governed by French law. All disputes to which the purchase and sale operations concluded under these general sales conditions may give rise, concerning their validity, interpretation, execution, termination, consequences, and follow-ups:

  • Will, in the first instance, be subject to an attempt at an amicable resolution with YUBA EUROPE’s customer service;
  • In the event of failure of the initial amicable discussions, may be submitted to the competent courts under common law conditions. The competent court will be that of Annecy.