Article 1 – Scope and pre-contractual information
These general conditions of sale (the ” GTC “) apply to sales of electric scooters, batteries, spare parts, accessories and related repair services (the ” Products “) concluded between the company Nami SAS (” Nami SAS “) and distributors and resellers of said Products (the “ Reseller(s) ”) from the website www.nami-electric.com (the “ Website ”).
The information and contact details of Nami SAS are as follows:
- SIRET: 895 255 677 00018 (RCS MEAUX)
- Address: 16 Avenue Christian Doppler – 77700 BAILLY ROMAINVILLIERS (FRANCE)
- Email: firstname.lastname@example.org
No particular condition can, without prior and written acceptance by Nami SAS, prevail over the GCS, so that all contrary conditions set by the Reseller will be, in the absence of prior written acceptance by Nami SAS, unenforceable against the latter.
Nami SAS reserves the right to modify the T&Cs at any time, the changes then being applicable to orders placed after the modified T&Cs are posted online.
These GCS can be consulted on the Website and are also communicated for acceptance by the Reseller during the process of ordering the Products on the Website. Any order of Products therefore implies the pure and simple acceptance of the GCS.
The GCS are written in French in their original version which alone is authentic, taking precedence over any other version translated into a foreign language.
If any stipulation of the T&Cs is declared null or void, whatever the legal basis, by a court or any other administration or authority, such a decision will in no way affect the validity of the other stipulations.
The fact of not exercising, at any time, a prerogative or a right recognized by the GCS, or of not requiring the execution of any stipulation of the present can in no case be interpreted, nor as a modification of the contract, nor as an express or tacit waiver by Nami SAS of the right to exercise said prerogative in the future, or of the right to require the scrupulous execution of the commitments entered into herein.
Article 2 – Products
The Products offered for sale by Nami SAS are described and presented on the Website, with their descriptions, photos and technical characteristics.
Although Nami SAS makes every effort to ensure that the photographs present on the Website are faithful and up-to-date reproductions of its Products, the Reseller is expressly informed of the fact that the said photographs, illustrations and indications (in particular of dimensions, technical characteristics and/or colors) are given for information only and cannot therefore constitute a contractual commitment, nor any guarantee on the part of Nami SAS, on the perfect similarity between the Products ordered by the Reseller and the photographs , illustrations and indications appearing on the Website.
In any case, the Reseller is invited to contact Nami SAS for any questions and/or additional details concerning the Products.
Article 3 – Orders – Formation of the sales contract
The quotes established by Nami SAS from the Website are valid for a period of seven (7) calendar days from their date of issue.
Any indication and/or price proposal provided by mail, e-mail and/or telephone, without being formalized in the context of an estimate, cannot bind Nami SAS in any capacity and in any way whatsoever.
3.2 Online ordering process
For any order of Products from the Website, the Reseller must follow all the steps indicated on the Website (creation of an account is mandatory for placing an order).
The Reseller is responsible for the accuracy and completeness of the information provided and entered on the Website, so that Nami SAS cannot be held responsible for any defect, delay and/or non-compliance in delivery related to inadequacies or errors in the information entered.
The Product offers and the prices proposed by Nami SAS are valid as long as they are accessible on the Website and only within the limits of available stocks. Consequently, the admissibility of the order is subject to the material availability of the Products.
As of its validation, the order is submitted to Nami SAS for processing and can no longer be canceled or modified by the Reseller, except with the prior written consent given by Nami SAS.
In any case, any request for modification of a firm and final order accepted by Nami SAS will give rise, where applicable, to an extension of delivery times and to additional costs and fees. For any cancellation of a firm and final order, Nami SAS may retain the deposits and payments already made by the Reseller.
Article 4 – Price and terms of payment
The prices of the Products are indicated on the Website as well as during the ordering process.
The prices of the Products are indicated in euros (€) or in dollars ($), excluding taxes (HT) and all taxes included (TTC) taking into account the VAT rate applicable on the day of the order.
Except in special cases mentioned when ordering, the prices indicated on the Website include the costs of processing and delivery of the Products.
For any sale made, in France included, the Reseller assumes sole responsibility and responsibility for the payment of all import duties and taxes that may be applicable.
Nami SAS reserves the right to modify its prices at any time, it being understood that the orders of Products will be invoiced on the basis of the prices in force, at the time of the registration of each order, as they will appear on the Website. .
4.2 Methods of payment
The price of the Products including all taxes (TTC) is payable in euros (€) or dollars ($) and must be paid in full on the day of the online order.
Constitutes a payment within the meaning of this article the effective provision to Nami SAS of the funds corresponding to the price including all taxes (TTC) and all costs included.
Payments can be made by credit card or bank transfer.
In the event that the payment of the price does not occur (on the day of the order for payments by credit card and or after a period of 7 working days for payments by bank transfer), the online sale will be immediately resolved in full right and the canceled order, without the Reseller being able to make any claim in this respect.
After payment for the Products, Nami SAS sends an invoice to the Reseller by post and/or e-mail, this invoice also being available from the “My Account” section of the Website.
4.3 Oney x PayPlug general conditions of sale
Payment of your order in 3 or 4 instalments by Bank Card from purchases of €100 up to €3,000 with Oney Bank. Oney Bank offers its partners’ individual customers a financing solution called “3x 4x Oney”.
This personalized financing for each customer order allows consumers to pay for their purchases of products and/or services from €100 to €3,000 in 3 or 4 instalments by credit card.
This financing can be offered to the customer with or without charge, according to the choice specified by the partner in his sales process, and under the following conditions and methods:
Conditions: This offer is reserved for private individuals (natural persons of legal age) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the chosen financing.
Cards with systematic authorization, in particular of the Electron, Maestro, Nickel type, etc., as well as e-cards, Indigo and American Express cards are not accepted.
Terms of subscription: After completing your order, simply click on the “payment button in 3x 4x Oney by credit card”.
You are then redirected to our partner’s 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials linked to your 3x 4x Oney account. You read the general conditions of payment in installments to which you wish to subscribe which are provided to you in PDF format so that you can read, print and save them before accepting them.
You then notify your electronic acceptance by the corresponding checkbox. You acknowledge that the “double click” associated with the checkbox on the acknowledgment of the general conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of the general conditions of the product.
Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for the granting, management and credit recovery. Oney Bank reserves the right to accept or refuse your financing request in 3x 4x Oney. You have a withdrawal period of 14 days to give up your credit.
Operation: Payment in 3 or 4 installments by credit card allows you to pay for the order made on our merchant site as follows:
– a compulsory contribution, debited on the day of confirmation of the dispatch of your order; – two or three monthly installments, each corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times, which include, in the case of 3 times 4x with costs, costs corresponding to 1.45% of the total amount of the order for a 3 times and 2.2% for a 4 times (within the limit of 15€ maximum for a payment in 3 times and 30€ maximum for a 4 times).
In the event of free financing offered by the Partner, no additional costs to the amount of the purchase will be charged. To better understand how 3x 4x Oney works by bank card, here are some examples:
– Examples of 3x 4x Oney by bank card, with fees, from a purchase of €100 and up to €3,000: Example for payment in 3 instalments: For a purchase of €150, contribution of €52.18 then 2 monthly installments of €50. Credit for a period of 2 months at a fixed APR of 19.31%. Cost of financing: €2.18 within the limit of €15 maximum.
– Example for payment in 4 instalments: For a purchase of €400, contribution of €108.80 then 3 monthly installments of €100. Credit over 3 months at a fixed APR of 19.61%. Cost of financing: €8.80 within the limit of €30 maximum.
– Examples of 3x 4x Oney by credit card, free of charge, from a purchase of €100 and up to €3,000: Example for payment in 3 instalments: For a purchase of €150, contribution of €50 then 2 monthly payments of 50 €. Credit over 2 months at a fixed APR of 0%. Cost of financing 0€. Example for payment in 4 instalments: For a purchase of €400, contribution of €100 then 3 monthly installments of €100. Credit over 3 months at a fixed APR of 0%. Cost of financing 0€.
Oney Bank – SA with capital of €51,286,585 – Head office: 34 avenue de Flandre 59170 CROIX – RCS Lille Métropole 546 380 197 – Orias number: 07 023 261 – www.orias.fr – Correspondence: CS 60006 – 59 895 Lille Cedex 9 – www.oney.fr
Article 5 – Delivery of Products
Following his order, the Customer receives by e-mail a link allowing him to follow the stages and deadlines for the delivery of the Products.
In principle and unless otherwise agreed, the Products are shipped by Nami SAS and/or any independent carrier mandated for this purpose by Nami SAS, by parcel or other means of transport depending on the number, nature and volume of the Products ordered. .
Except in special cases, Nami SAS provides:
- the dispatch of the Products ordered within 24 hours (1 working day) from the date of the order;
- the routing and delivery of the Products ordered within a period of between 24 hours and 72 hours (between 1 and 3 working days) from the date of the order.
Notwithstanding the preceding clauses, it is expressly agreed that delivery times depend on and may vary depending on the availability of stocks, the period of activity, the date and time of placing the order, the nature and volume of the order, the preparation and shipping time of the order, the delivery locations desired by the Customer, the transport constraints specific to carriers, climatic and meteorological conditions, pandemics and other elements which may influence and which are placed outside the control of Nami SAS.
The deadlines being communicated for information only, exceeding them can in no way give rise to penalties, damages, reimbursement of prices, deductions, compensations and/or cancellations of orders, without verification of the grievance and without justification of the prejudice suffered under the delay in delivery, and in any event in the event of an event of force majeure within the meaning of the Civil Code and the GTC. In any case, the delivery of the Products within the deadlines can only occur if the Reseller is up to date with all its obligations towards Nami SAS.
Nami SAS may divide an order into several shipments depending on the availability of the Products. In this case, Nami SAS will inform the Reseller by email.
The Reseller bears the burden of the risks that the Products may suffer or cause from the moment the Products are delivered by Nami SAS.
Article 6 – Conditions of storage, use and maintenance of the Products
Prior to the resale of the Products and under its own obligation to provide information and advice, the Reseller undertakes to communicate and educate the end customers (hereinafter the “User”) on strict compliance with the rules stipulated to this article and more generally on the need to comply with all the conditions, terms, limits and instructions for use and safety related to the Products.
6.1 User Manual – General Conditions
Before any use of the Products, the User must imperatively read the user manual detailing the conditions, terms, limits and instructions for use and safety related to the Products.
The User’s attention and vigilance is drawn in particular to the need not to use the Products until he has read and understood all the conditions, terms, limits and instructions for use and security related to the Products.
In particular and without this being exhaustive, the User must, prior to any use of the Products, be aware of and master:
- the functions and characteristics of the various parts making up the Products (according in particular to the diagrams provided in the user manual);
- the conditions and procedures for mounting, assembling, starting, stopping and folding the Products;
- the terms and conditions for reading and adjusting the Products dashboard;
- the conditions and methods of storage, use, handling and safety related to the batteries of the Products.
In general, and without the specific conditions set out below in any way limiting the User’s obligations, the latter undertakes, in all circumstances, to scrupulously respect all the conditions, terms, limits and instructions of use and safety related to the Products, whether during storage, handling and/or use of the Products.
In any case, the User is invited to contact the Reseller and/or Nami SAS for any questions and/or additional questions he may have regarding the use of the Products.
6.2 Special conditions before using the Products
Systematically and before each use of the Products, the User is required to follow the conditions, methods and instructions for the control and safety of the Products, as indicated in the user manual.
The user agrees not to use the Products and undertakes to contact the after-sales service of the Reseller and/or the Distributor of Nami Electric in the event of detection of any defect and/or anomaly during the control and safety operations on the Products, in particular following the indications provided in the user manual.
6.3 Special conditions during the use of the Products
The user undertakes, in all circumstances and during each use of the Products, to scrupulously respect all the conditions, terms, limits and instructions for use and safety related to the Products, as indicated in the user manual. ‘use.
Without limiting the generality of the foregoing, the User undertakes in particular to:
- use the Products after having fully understood, learned and mastered the conditions and methods of traffic in complete safety;
- not to use or allow the Products to be used by anyone under the minimum age required according to the type and nature of the Product;
- not to use or let use the Products in rainy weather, snow, hailstones and/or high humidity, and more generally not to let water penetrate the Products and their components (in particular when washing the Products );
- wear and cause to be worn all safety and protective equipment when using the Products (full-face helmet, protection of the knees, elbows, hands, upper body, unopened and suitable shoes, etc.);
- be vigilant when rotating, folding and unfolding the Products, as any negligence during these operations could cause bodily injury;
- not to use or allow use of the Products by performing stunts, jumps and/or falls of any kind, which may cause major malfunctions on the Products and/or cause accidents;
- not use or permit use of the Products by riding on them by two or more people (including minors);
- not to disassemble, disassemble, reassemble, adjust, disrupt all or part of the Products and/or their components, all of these operations being reserved for Nami SAS and/or any reseller or specialist repairer;
- respect and enforce scrupulously and in all circumstances, all laws, regulations and standards applicable to the use of the Products, including in particular the regulations on insurance and road traffic, it being specified that in all cases and circumstances, the Products may not be used while driving on roads open to the public.
6.4 Specific conditions for the maintenance of the Products
The User is required to follow the conditions, methods and instructions for the storage and maintenance of the Products, their components and spare parts, as indicated in the user manual.
The User is prohibited from using the Products and undertakes to contact the after-sales service of the Reseller and/or the Distributor of Nami Electric in the event of detection of any defect and/or anomaly during the control and maintenance operations on the Products, in particular following the indications provided in the user manual.
6.5 Specific conditions for Product insurance
The User is required to take out and maintain for the entire duration of use of the Products, with a reputably solvent insurance company, a policy covering his unlimited civil liability and all risks and material damage and/or bodily injury that the Products may suffer or cause with respect to all property and all third parties.
The attention and vigilance of the User is particularly drawn to the fact that the latter remains solely and fully responsible for the risks and material and/or bodily damage that the Products may suffer or cause during their use.
6.6 Limitation of liability of Nami SAS
Nami SAS cannot be held responsible, in any capacity and on any legal basis whatsoever, for any prejudice, damage, material and/or bodily, direct or indirect, occurring following storage, use and/or maintenance of the Products under contrary and/or insufficient conditions in relation to the terms of this article 9 and more generally to the conditions, terms, limits and instructions for use and safety indicated in the user manual.
Article 7 – Compliance and guarantees
The condition, absence of apparent defect and conformity in quality and quantity of the Products must be checked by the Reseller upon delivery by Nami SAS.
To ensure the preservation of recourse against the carrier, the Reseller is required to make known his complaints, reservations or disputes on the transport voucher and to confirm these by LRAR with the carrier and Nami SAS within 48 hours. from the delivery of the Products.
7.2 Product Compliance
The unreserved signature of the Product delivery slip by the Reseller is tantamount to pure and simple and unreserved acceptance of the delivery, of the conformity in quality and quantity of the Products ordered.
In any event, the Reseller is required to report its complaints, reservations or disputes concerning the conformity of the Products by recorded delivery addressed to Nami SAS within 48 hours (2 working days) of receipt of the Products by the Reseller.
7.3 Hidden defects
Latent defects must exist at the time of the transfer of risks to be covered.
To implement the warranty against hidden defects, the Reseller must exercise its warranty action by sending an LRAR to Nami SAS within 7 working days of receipt of the Products by the Reseller.
7.4 Defective Products
Nami SAS cannot be held liable on the basis of liability for defective products provided for by articles 1245 and following of the Civil Code, for damage caused to goods which are not used by the victim for his own use or private consumption.
Independently of the aforementioned legal warranties, it is expressly agreed that any defect affecting the autonomy of the battery, without the defect affecting the charging function of the battery, is guaranteed by Nami SAS within the limit of a period of six (6) months (date of invoice being authentic).
Consequently, it is expressly agreed and recalled that, after the period of six (6) months from the date of purchase, the Reseller can no longer make any claim for a defect and/or an insufficiency relating to the autonomy of the battery when this defect and/or this insufficiency does not in itself affect the charging function of the Products.
NAMI SAS reserves the right to use batteries of different brands for the composition of the batteries of its Products.
7.6 Return of Products
Any complaint formulated by the Reseller in respect of a return of the Products must be made to the after-sales service of the Distributor of Nami Electric.
Any return of Products, whatever the legal basis of the complaint, must be the subject of a prior written agreement from Nami SAS and is in any event subject to compliance with the rules referred to in Articles 7.1 to 7.5 below. above.
In the event of return of Products duly accepted by Nami SAS, the Customer retains custody and bears the costs and risks relating to the Products until they are actually returned to
In the event of acceptance of the return of the Products, whatever the legal basis invoked (non-conformity, hidden defect, defect, etc.), the responsibility of Nami SAS is strictly limited, at its option, ( i ) either to the replacement Products concerned by identical or similar Products, ( ii ) either the repair of the Products, ( iii ) or the issuance of a credit note in favor of the Reseller, this excluding any compensation, damages, consequential damages, deductions and/or penalties of any kind whatsoever for the returned Products.
7.7 Limitation of Liability
No Product may be returned and Nami SAS may not be held liable, whatever the legal basis (non-compliance, hidden defect, defect, etc.):
- in the event of exceeding the strict deadlines referred to in Articles 7.2 and 7.3;
- if Nami SAS has not been able to control the defect invoked;
- if the Products have been stored, handled, used and/or maintained under conditions contrary to the instructions for use of the Products formulated in the user manual and/or in article 6.
Article 8 – Intellectual Property
The Reseller is informed of the fact that all intellectual property rights (trademarks, know-how, trade secrets and other intellectual and/or industrial property rights), as well as any element relating to the design and sale of Products ordered, protected or not within the meaning of the Intellectual Property Code, including the content, photographs and illustrations present on the Website belong entirely and exclusively to Nami SAS.
Consequently, except with the prior written consent of Nami SAS, the Reseller is prohibited from using, reproducing, distributing, exploiting, modifying or infringing in any way and at any time whatsoever on the rights of intellectual property and other aforementioned elements belonging to Nami SAS.
Article 9 – Force majeure
The responsibility of Nami SAS can in no case be engaged in the event of the occurrence of an event of force majeure preventing the execution of its obligations provided for in these GCS.
In addition to cases of force majeure within the meaning of the definition of the Civil Code and those usually recognized by French case law, are expressly considered as cases of force majeure, without this list being exhaustive: wars, riots, disasters natural disasters, floods, fires of all or part of the premises of Nami SAS or its suppliers or builders, strikes by all or part of the personnel of Nami SAS or its suppliers or builders, embargoes, government restrictions and/or legal, malfunctions in the means of transport and/or communication, temporary or permanent unavailability in the supply of the Products.
Article 10 – Applicable law – Disputes
Sales of Products pursuant to these GCS are governed by the provisions of French law, to the exclusion of the Vienna Convention of April 11, 1980 on the International Sale of Goods.
Any contractual or extra-contractual dispute relating to these GCS will, in the absence of amicable settlement, be submitted to the competent courts located within the jurisdiction of the registered office of Nami SAS, notwithstanding plurality of defendants, incidental claim or summary proceedings.