This is a translation of the French GTS. In case of conflict, the French version applies.
GENERAL TERMS OF SALE
Effective as of 15/01/2024
ARTICLE 1 - Scope
These General Terms of Sale ("GTS") apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ("Customers or the Customer"), wishing to purchase the products offered for sale ("the Products") by the Seller on the website https://europe-ev.com. The Products offered for sale on the website are as follows:
- Accessories for electric vehicles; fixed and portable charging stations; charging cables; adapters for electrical cables; signage
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://europe-ev.com, which the customer must familiarize themselves with before ordering.
The selection and purchase of a Product are the sole responsibility of the Customer.
The offers of Products are valid as long as they are visible on the site, within the limits of available stock, as specified at the time of placing the order.
These GTS are accessible at any time on the site https://europe-ev.com and will prevail over any other document.
The Client declares to have knowledge of these GTS and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure of the site https://europe-ev.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact details are as follows:
Europe-EV P.S.A.
Capital of 2000 PLN
Registered in the RCS of Krakow, under number 0001052630
Zamknięta 10 lok. 1.5, 30-554 Krakow, Poland
Email: info@europe-ev.com
Phone: 0278930306
Intracommunity VAT Number PL6793274361
The Products presented on the website https://europe-ev.com are offered for sale for the following territories:
European Union.
In case of an order to a country other than metropolitan France, the Client is the importer of the concerned Products.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated tax-free automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Client.
ARTICLE 2 - Prices
The Products are supplied at the current rates shown on the website https://europe-ev.com, at the time the order is registered by the Seller.
Prices are expressed in Euros, excluding taxes, and including taxes.
The rates take into account any discounts that would be granted by the Seller on the site https://europe-ev.com.
These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Client represents the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Client upon delivery of the ordered Products.
ARTICLE 3 - Orders
It is up to the Client to select on the site https://europe-ev.com the Products they wish to order, according to the following procedures:
The client chooses a Product that they put in their basket; a Product that they can delete or modify before validating their order and accepting the present general terms of sale. They will then enter their details or log in to their client space and choose the delivery method. Then the client will choose the payment method and indicate the required information. After validation of these informations, the order will be considered final and will require payment by the client.
Product offers are valid as long as they are visible on the site, within the limits of available stock.
The sale will be considered valid only after full payment of the price. It is up to the Client to verify the accuracy of the order and to immediately report any error.
Any order placed on the site https://europe-ev.com constitutes the formation of a contract concluded at a distance between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there exists a dispute relating to the payment of a previous order.
The Client may follow the progress of their order on the site.
ARTICLE 4 - Payment conditions
The price is paid through secure payment, according to the following terms:
- Payment by credit card
- Or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Client at the time of the order)
The price is payable in cash by the Client, in full on the day of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider intervening for banking transactions carried out on the site https://europe-ev.com.
Payments made by the Client will only be considered final after the Seller has effectively collected the sums due.
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Client if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Client will be delivered in Metropolitan France or in the following area(s):
European Union.
Deliveries occur within a period of seven working days at the address indicated by the Client when placing their order on the site.
Delivery consists of the transfer to the Client of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the timeframes specified above.
If the Products ordered have not been delivered within ten working days after the indicative delivery date, for any cause other than force majeure or the act of the Client, the sale may be resolved at the written request of the Client under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address mentioned by the Client at the time of the order and to which the carrier can easily access.
When the Client has themselves taken charge of calling a carrier they choose themselves, delivery is deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier who has accepted them without reservation. The Client therefore recognizes that it is the carrier's responsibility to make the delivery and has no recourse in warranty against the Seller in case of failure to deliver the transported goods.
In the case of a specific request from the Client regarding the packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to specific additional billing, on a quote previously accepted in writing by the Client.
The Client is required to check the condition of the delivered products. They have a period of two working days from the delivery to formulate complaints by the after-sales service form or registered mail with acknowledgment of receipt, accompanied by all the related justifications (photos in particular). Beyond this period and failing to
comply with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its expense, the Products delivered with defects of conformity or apparent or hidden defects that have been duly proved by the Client, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTS.
The costs of sending will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.
The refunds, replacements, or repairs of Products deemed non-conforming or defective will be carried out as soon as possible and at the latest within ten working days following the Seller's finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Client to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as in the case of normal wear and tear of the Product, accident or force majeure.
Photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming Products or affected by a defect.
ARTICLE 9 - Personal data
The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller as well as their transmission to third parties for the purpose of delivering the Products. These personal data are collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the website https://europe-ev.com are as follows:
Product Order:
When the Client orders Products:
First and last names, postal address, telephone number, and email address.
Payment:
As part of the payment for the Products offered on the website https://europe-ev.com, it records financial data relating to the Client/user's bank account or credit card.
9.2 Recipients of personal data
Personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of Products.
The category(ies) of co-contractor(s) are:
- Transport service providers
- Payment establishment providers
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018, of Regulation 2016/679 on the protection of personal data.
For all requests related to the processing of personal data, the Client must contact the Seller by email: contact@europe-ev.com
9.4 Limitation of processing
Unless the Client expresses their express consent, their personal data are not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the collected data for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Clients and users rights
In accordance with the regulations applicable to personal data, Clients and users of the website https://europe-ev.com have the following rights:
- They can update or delete the data concerning them in the following way: By sending a request through the "Personal Data Processing" contact form accessible in the "Contact Us" section.
- They can delete their account by writing to the email address indicated in Article 9.3 "Data controller"
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data controller"
- If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 "Data controller"
- They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller"
- They can also request the portability of data held by the Seller to another provider
- Finally, they can oppose the processing of their data by the Seller
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or by E-mail to the Data controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In case of refusal to grant the Client's request, this must be justified.
The Client is informed that in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seek legal redress.
The Client may be asked to tick a box through which they agree to receive informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the website https://europe-ev.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement offence.
ARTICLE 11 - Applicable law - Language
These GTS and the transactions arising from them are governed by and subject to French law.
These GTS are written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact the customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTS.
The Client is informed that they may in any case resort to conventional mediation, with the existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these GTS give rise, which could not be settled amicably between the Seller and the Client or through mediation, shall be submitted to the competent courts under the conditions of common law.
Created on https://www.legalplace.fr
ANNEX I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Client wishes to withdraw from the order placed on https://europe-ev.com except for exclusions or limits on the exercise of the right of withdrawal according to the applicable General Terms of Sale.
To the attention of Europe-EV P.S.A.
Zamknięta 10 lok. 1.5, 30-554 Krakow, Poland
I hereby notify the withdrawal from the contract for the sale of the good below:
- Order of (indicate the date)
- Order number
: ...........................................................
- Name of the Client: ...........................................................................
- Address of the Client: .......................................................................
Client's signature (only if this form is notified on paper)