Terms and conditions

WARNING

Before using your product for the first time, the user acknowledges having read all the instructions in the user manual (in French and systematically supplied with each machine) and becomes aware of the possible danger that may represent this product and assumes all consequences.

The user and the people who represent him cannot under any circumstances claim against the distributor in the event of injury, death, disability or accidents of any kind.

If the user does not adhere to all the detailed points in the manual, he must return his product immediately to his retailer before any first use.

PREAMBLE 

These general conditions of sale ( hereinafter the “General Conditions” ) apply to any purchase made by an Internet user / natural person ( hereinafter the “CUSTOMER” ) on the website www.eroun-france.com ( hereinafter the “SITE” ) from SME ENTREPRISE, a limited liability company, registered in the NÎMES trade and companies register under number 393 662 853, with its head office at 100 Rte de Nimes – 30132 – France, Tel 04 12 30 00: ( hereinafter “EORUN” ).

EORUN is a French brand specializing in the design and sale of mini transporters for the construction and agriculture sector.

EORUN distributes its products by mail order on its website www.eorun-france.com

These General Conditions apply to all orders placed on the SITE, as well as in all partner stores managed by EORUN or its distributors. They also apply to all orders placed by mail, following the issuance by EORUN of a commercial proposal.

IMPORTANT: Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these General Conditions.

ARTICLE 1. Definitions

The terms used below have, in these General Conditions, the following meaning:

“ CUSTOMER ”: designates the co-contractor of EORUN , who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.

“ ACCOUNT ”: designates all the data provided by the CUSTOMER, hosted on the SITE. Access to the ACCOUNT is made using the CLIENT'S IDENTIFIERS and allows access to the CUSTOMER'S PERSONAL SPACE.

“ IDENTIFIERS ”: designates the email address and password chosen by the CUSTOMER, necessary for access to their ACCOUNT on the SITE.

“ DELIVERY ”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.

“ PRODUCTS ”: refers to all the products available on the SITE.

“ TERRITORY ”: designates Metropolitan FRANCE (excluding DOM/TOM and Corsica).

ARTICLE 2. Purpose

These General Conditions govern the sale of PRODUCTS on the SITE by EORUN to CUSTOMERS.

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the EORUN sales department in order to benefit from separate contractual conditions.

ARTICLE 3. Acceptance of the general conditions

The CUSTOMER undertakes to carefully read these General Conditions and accept them, before paying for an order for PRODUCTS placed on the SITE.

These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.

Any order automatically implies acceptance of these General Conditions and waiver by the CUSTOMER of its own conditions of purchase, whatever the terms, even in the event that the CUSTOMER has sent EORUN conditions of purchase or any other document containing a symmetrical provision contained in these General Conditions. No special conditions derogating from these General Conditions will be enforceable if they have not been accepted in writing by EORUN .

EORUN advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order of PRODUCTS.

By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

ARTICLE 4. Registration on the SITE

To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if he is a minor, be able to provide proof of the agreement of his legal representatives.

The CUSTOMER's registration on the SITE is free.

4.1. Registration time

To be able to place an order, the CUSTOMER will be invited to register on the SITE by creating an ACCOUNT.

Any CUSTOMER has the option of registering during the first visit to the SITE.

In any case, he must register at the latest when his order is validated.

4.2. Registration procedure

For the purposes of opening his ACCOUNT, the CUSTOMER must:

- Complete the form provided for this purpose and provide all the required information, including their last name, first name, date of birth, and email address. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's registration to be processed by EORUN.

- Choose IDENTIFIERS, i.e. an email address and a password, which can be modified at any time. It is recommended to change your password regularly.

Any incomplete registration will not be validated, which the CUSTOMER acknowledges and accepts.

The information that the CUSTOMER provides to EORUN during registration must be complete, accurate and up to date. EORUN reserves the right to ask the CLIENT to confirm, by any appropriate means, their identity, their eligibility and the information communicated.

The CUSTOMER's registration automatically results in the opening of an ACCOUNT in their name, giving them access to a personal space which allows them to manage their PRODUCT orders.

At the end of this process, the CUSTOMER will receive a registration confirmation email.

The CUSTOMER undertakes to create only one and only ACCOUNT on the SITE.

The CUSTOMER guarantees that all the information he provides in the registration form is accurate, up-to-date and truthful, and is not tainted by any misleading character.

He undertakes to immediately update this information in his personal space in the event of modifications, so that it always corresponds to the above-mentioned criteria.

The CUSTOMER is informed and accepts that the information entered for the purpose of creating or updating his ACCOUNT constitutes proof of his identity. The information entered by the CUSTOMER is binding upon validation.

The CUSTOMER accesses his personal space at any time after having identified himself using his IDENTIFIERS.

The personal space allows the CUSTOMER to update his contact details and preferences, administer his delivery addresses, change his password, consult all his orders placed on the SITE, and also allows him, if necessary, to follow the DELIVERY of PRODUCTS using the online tracking tools of certain carriers.

The CUSTOMER can also contact the EORUN sales department at any time by completing the contact form directly via the SITE, in order to obtain information on the status of their order.

EORUN undertakes to securely store all contractual elements whose retention is required by law or regulations in force.

In the event of violation of these provisions relating to the registration of a CUSTOMER, EORUN may send them an email and will give them a period of seven (7) working days to comply with these provisions. This email will indicate the grievances alleged as well as the obligations whose non-compliance is alleged. At the end of this period, EORUN may suspend the CLIENT'S ACCOUNT. If the CUSTOMER fails to comply within a further period of seven (7) working days, EORUN may delete their ACCOUNT. In the case of orders in progress, these must be paid by the CUSTOMER and delivered by EORUN.

This delivery does not constitute a waiver on the part of EORUN of its action, it can actually take legal action against the CUSTOMER.

4.3. Management of IDENTIFIERS

The CUSTOMER is solely responsible for the use of his IDENTIFIERS and the actions carried out through his ACCOUNT.

In the event that the CUSTOMER discloses or uses his IDENTIFIERS in a manner contrary to their intended purpose, EORUN may then terminate the ACCOUNT without notice or compensation.

Under no circumstances can EORUN be held responsible in the event of theft of a CUSTOMER's identity. Any access and action carried out from a CUSTOMER'S ACCOUNT will be presumed to be carried out by this CUSTOMER, to the extent that EORUN has no obligation and does not have the technical means allowing it to ensure the identity of the people with access to the ACCOUNT.

Any loss, misappropriation, or unauthorized use of a CUSTOMER'S IDENTIFIERS and their consequences are the sole responsibility of the CUSTOMER, the latter being required to notify EORUN, without delay, by electronic message sent to the contact form directly via the SITE.

4.4. Unsubscribe

The CUSTOMER can close his ACCOUNT at any time by sending a message via the contact form directly on the SITE. EORUN will deactivate the ACCOUNT as soon as possible and will send the CUSTOMER an email confirming the closure of their ACCOUNT.

In the case of orders in progress, these must be paid by the CUSTOMER and delivered by EORUN.

ARTICLE 5. Orders

Any order for PRODUCTS must be subject to express and written confirmation from EORUN by email. The sale will only be considered final after confirmation of the order has been sent to the CUSTOMER and the full price or deposit due has been collected.

Unless otherwise agreed, any modification of the order by the CUSTOMER can only be taken into consideration if it reaches EORUN in writing before the actual collection of the price.

5.1. Product characteristics

EORUN undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by EORUN are new and comply with current European legislation and the standards applicable in France.

5.2. Order procedure

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below ( please note however that depending on the CUSTOMER's start page, the steps may differ slightly ).

5.2.1. Selection of PRODUCTS and purchasing options

The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the PRODUCT(S) concerned or on the “BUY” button and then choose the desired characteristics and quantities. Once the PRODUCT has been selected, the CUSTOMER must click on the “ADD TO BASKET” button, the PRODUCT is then placed in the CUSTOMER’s basket. The latter can then add as many PRODUCTS to their basket as they wish by clicking on the “CONTINUE PURCHASES” button or finalize the purchase of this single PRODUCT by clicking on the “YOUR BASKET” button.

5.2.2. Orders

Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or register.

Once the CUSTOMER has validated the contents of the basket by clicking on the “PLACE ORDER” button and has identified/registered, an automatically completed online form will be displayed to their attention and summarizing the selected products, the quantities, the price, applicable taxes and, where applicable, delivery costs, and finally the total amount of the order.

The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.

Once this verification has been carried out, the CUSTOMER can proceed to the order by clicking on the corresponding button. He is then invited to provide the information necessary for the smooth completion of his order. He must in particular select the chosen DELIVERY method and clearly indicate all information relating to invoicing and DELIVERY of the PRODUCTS, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.

The CUSTOMER must also select the chosen payment method to proceed to secure payment for the PRODUCTS by following the instructions on the SITE.

Concerning PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the proper processing of the order.

5.2.3. Acknowledgment of receipt

Once all the steps described above are completed, a page will appear on the SITE to acknowledge receipt of the CUSTOMER's order. This acknowledgment of receipt includes the order number. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct. The acknowledgment of receipt sent by email also includes the details of the order. This acknowledgment of receipt constitutes express and written confirmation of the order by EORUN.

It is specified that the order summary as well as the confirmation email may be kept and printed by the CUSTOMER.

EORUN does not send any order confirmation by post or fax.

5.2.4. Billing

During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by EORUN).

The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.

The CUSTOMER must also specify the chosen payment method.

Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that EORUN sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

5.3. Date of the order

The order date is the date on which EORUN acknowledges receipt of the order online for instant payments by Credit Card. For deferred payments (transfers or LLD) the date of the order is the date of receipt of payment. The deadlines indicated on the SITE only begin to run from this date.

5.4. Price

For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros excluding VAT, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or method of delivery). transport chosen).

Prices do not include installation costs, training or any other additional services.

Prices do not include value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into force.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

EORUN prices are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales or depending on the cost of the raw material and economic and professional conditions within the framework of the legal provisions in force.

The prices indicated are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.

Thus, in the event of a change in prices and when the PRODUCTS covered by the same order have not been delivered in full, the balance of the order will be invoiced at the price of the rate in effect on the day of the order.

EORUN is in no way responsible for the prices indicated by the multiple price comparators accessible on the Internet. The only prices in effect are those visible on the SITE.

EORUN reserves the right to cancel an order placed during an update period of its online store, if the price indicated contained an error due to this update.

Article 5.5. Availability of PRODUCTS

EORUN undertakes to deliver the PRODUCT on the date or within the time limit indicated to the CUSTOMER, unless the parties have agreed otherwise.

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the restocking of a PRODUCT by EORUN.

In any case, if the unavailability of the PRODUCT was not indicated at the time of the order, EORUN undertakes to inform the CUSTOMER without delay.

When an ordered PRODUCT is unavailable, EORUN may offer an alternative PRODUCT of equivalent quality and price, the CUSTOMER is free to accept or refuse the substitution PRODUCT.

If the CUSTOMER decides to cancel his order due to unavailability of the PRODUCT, EORUN will reimburse all sums paid for said PRODUCT no later than thirty (30) days from payment.

ARTICLE 6. Right of withdrawal

The CUSTOMER has a right of withdrawal.

The terms of this right of withdrawal appear in Appendix 1 hereof entitled “withdrawal policy” and accessible at the bottom of each page of the SITE via a hypertext link.

ARTICLE 7. Payment

The price invoiced to the CUSTOMER is the price indicated on the order confirmation sent by EORUN to the CUSTOMER. The price of the PRODUCTS is on the day of the effective order regardless of the payment method.

7.1. Means of payment

The CUSTOMER can pay for their PRODUCTS online on the SITE using the means offered by EORUN: by credit card (Visa, Mastercard or Amex)

It is also possible for professionals with registration in France to pay in 13 installments by contract with a banking partner or to opt for long-term rental (LLD) or Rental with purchase option (LOA). In this case, the financier's general rental conditions apply.

The CUSTOMER guarantees to EORUN that he has all the authorizations required to use the chosen payment method.

EORUN will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.

It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.

7.1.1. Payment by credit card

The entire transaction on the SITE is secured by an SSL certificate.

EORUN reserves the CUSTOMER the possibility of paying for their order via the secure Stripe payment system. It is therefore specified that the information relating to payment will be encrypted and directly transmitted to the SITE's bank, it will not be processed on the SITE:

  • the CUSTOMER's bank details are directed to the servers of the SITE bank;
  • payment is made directly by the SITE bank in a secure environment without going through the SITE server;
  • the CUSTOMER's bank details are only known to the SITE'S bank.

An email confirming receipt of payment will then be sent by EORUN to the CLIENT.

The order validated by the CUSTOMER will only be considered effective when the bank payment center concerned has given its agreement. In the event of refusal by said center, the order will be automatically canceled and the CUSTOMER will be notified by email. EORUN may then contact the CUSTOMER to help them finalize their order using another means of payment.

7.1.4. Long term rental (LLD) and Rental with Purchase Option (LOA) - Only on Request

EORUN reserves for the CUSTOMER the possibility of renting its equipment for periods of 36 to 60 months. This solution is only available to professionals and companies registered in France.

An electronic contract will be sent to customers setting out all the terms of the contract.

The financier's general rental conditions apply and will be indicated at the time of signing the contract.

The CUSTOMER is then invited to follow the steps indicated by email in order to finalize the signing of the rental contract.

An email confirming receipt of the contract will then be sent by EORUN to the CLIENT.

 

7.2. Payment date

In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS order is placed on the SITE.

In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

 

7.3. Late or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact EORUN Customer Service as soon as possible in order to pay for the order by any other valid means of payment.

In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.

EORUN reserves the right to refuse to make a DELIVERY or to honor an order from a CUSTOMER who has not fully or partially paid a previous order or with whom a dispute is in progress.

7.4. Anti-fraud control

EORUN controls all orders that have been placed on the SITE. As part of these procedures, the services of EORUN and its partners (credit insurance services, banks and other insurance companies) may be required to ask the CUSTOMER for all the documents necessary to release their order (proof of address, contact details). complementary, etc.). The information provided in the order form is subject to automated data processing under the conditions set out in article 14 of these General Conditions.

ARTICLE 8. Proof and archiving

 

Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by EORUN for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.

EORUN agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request.

In the event of a dispute, EORUN will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

ARTICLE 9. Transfer of ownership

EORUN remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.

The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier proposed by the SITE, of the risks of loss or damage of the PRODUCTS as well as the risks of damage that they may cause.

ARTICLE 10. Delivery

The terms of DELIVERY of PRODUCTS are provided for in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.

ARTICLE 11. Packaging

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS and safety for third parties during DELIVERY.

CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal policy.

ARTICLE 12. Legal Guarantees

Apart from the commercial guarantees that EORUN could offer for certain PRODUCTS, any CUSTOMER benefits from legal guarantees, for all PRODUCTS, which are detailed below, in accordance with article L.111-1 of the Consumer Code.

 

12.1. Guarantee of conformity

 

EORUN is required to deliver a PRODUCT that complies with the contract concluded with the CUSTOMER.

 

In this regard, the CUSTOMER is reminded of the provisions relating to the legal guarantee of conformity:

 

Article L. 217-4 of the Consumer Code : “ The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

 

Article L.217-15 of the Consumer Code : “ The good complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of EORUN and which the latter has accepted.

EORUN is liable for existing defects in conformity at the time of delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when this has been its responsibility or has been carried out under its control. responsibility.

Action resulting from lack of conformity is prescribed two (2) years from delivery of the PRODUCT. ( Article L.217-12 of the Consumer Code )

In the event of a lack of conformity, the CUSTOMER may, at his option, request replacement or repair of the PRODUCT. However, if the cost of the CUSTOMER's choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, EORUN may proceed to a refund, without following the option chosen by the customer.

In the event that a replacement or repair would be impossible, EORUN undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: EORUN – 100 RTE DE NIMES 30132 CAISSARGUES – France.

Finally, the CUSTOMER is exempt from providing proof of the prior lack of conformity of the PRODUCT during the twenty-four (24) months following delivery of the PRODUCT except for second-hand goods for which this period is set at six ( 6 months. ( Article L. 217-7 of the Consumer Code )

It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.

 

12.2. Guarantee against hidden defects

EORUN is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the CUSTOMER would not have acquired it, or would have only given it 'a lesser price, if he had known them. ( Article 1641 of the Civil Code )

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned. ( Article 1644 of the Civil Code )

In the event that a replacement or repair would be impossible, EORUN undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: EORUN – 100 RTE DE NIMES 30132 CAISSARGUES – France .

Action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. ( Paragraph 1 of article 1648 of the Civil Code)

12.3. Terms

The CUSTOMER is invited to contact EORUN After-Sales Service by completing the contact form. An invoice number will be requested to identify the CUSTOMER. You may be asked to send digital photos.

Any return of PRODUCT must be the subject of a formal and prior agreement on the part of EORUN after the usual checks carried out by the EORUN After-Sales Service and by the CUSTOMER.

EORUN first communicates by email to the CUSTOMER a “after-sales service request” document containing a certain amount of information concerning the PRODUCTS (references and quantity of PRODUCTS to be returned, date of purchase, frequency of use, description of the malfunctions encountered, etc.). After analyzing the request, EORUN communicates to the CUSTOMER its diagnosis and its decision concerning the support of the PRODUCT by email.

In the event of a dispute from the CUSTOMER, or if the PRODUCT requires more in-depth verification, EORUN then submits to the CUSTOMER a “return request” document containing various information concerning the PRODUCTS (practical methods of returning the PRODUCTS, return address of the After-Sales Service, precautions to take when returning PRODUCTS, etc.), which the CUSTOMER must return completed and signed. After verification of the PRODUCT by EORUN, the latter communicates to the CUSTOMER its decision concerning the support of the PRODUCT.

In any case, the CUSTOMER is reminded that EORUN will only cover the replacement or reimbursement of a PRODUCT in the event of a lack of conformity or hidden defect in accordance with the legal guarantees mentioned in this article.

 

12.4. Return and resend costs

Return costs in the event of a non-compliant PRODUCT or a PRODUCT containing a hidden defect are the responsibility of EORUN.

If the PRODUCT actually presents a lack of conformity or a hidden defect : EORUN undertakes to replace or reimburse the PRODUCT within a maximum of thirty (30) days from receipt of the package. The costs of returning the repaired or replaced PRODUCT are the responsibility of EORUN.

If the PRODUCT does not present any lack of conformity or hidden defect : the PRODUCT will be returned at the CUSTOMER's expense. The PRODUCT will be kept by the After-Sales Service until payment of the return costs has been made by the CUSTOMER. Said CUSTOMER can pay the company EORUN either by transfer or by check. In this case, EORUN may also charge the CUSTOMER with the costs of returning the PRODUCT.

If the lack of conformity or the hidden defect results from improper use on the part of the CUSTOMER : an estimate including the repair and the costs of returning the PRODUCT to the CUSTOMER will be established and sent to the CUSTOMER. The repair work will be carried out after agreement by the CUSTOMER who must return the estimate with the mention “good for agreement” accompanied by payment. In this case, EORUN may also charge the CUSTOMER with the costs of returning the PRODUCT.

ARTICLE 13. Commercial guarantees

The CUSTOMER is informed that, apart from the legal guarantees from which he benefits under article L.111-1 of the Consumer Code and which are detailed in article 12 of these General Conditions, he can benefit from guarantees specific contractual agreements.

 

13.1. General

The CUSTOMER is informed that “manufacturer” guarantees are put in place for certain PRODUCTS. These “manufacturer” guarantees are indicated on the order form, the product sheets displayed on the SITE, the invoices and the manual. The guarantees put in place by EORUN are 3 years for all PRODUCTS purchased on the SITE.

 

13.2. Return of a PRODUCT following a breakdown during unpacking

After the usual checks carried out by the EORUN After-Sales Service and by the CUSTOMER, the latter must obtain from the EORUN After-Sales Service a return agreement for the PRODUCT broken upon unpacking. The costs of returning the PRODUCT broken upon unpacking are the responsibility of EORUN.

EORUN undertakes, at the CUSTOMER's choice:

  • Either to return the repaired PRODUCT or a new PRODUCT if repair proves impossible,
  • Or to make a credit note for the amount that was invoiced to the CUSTOMER.

The credit or return of the PRODUCT will only be validated once the fault has been noted by the EORUN After-Sales Service or that of its suppliers. The costs of returning the PRODUCT to the CUSTOMER will be borne by EORUN.

If no breakdown is noted and the PRODUCT is in working order, EORUN undertakes, at the CUSTOMER's choice:

  • Either to return the PRODUCT to the CUSTOMER by re-invoicing the return and return costs,
  • Or to give him a credit by deducting 30% of the value of the PRODUCT for second choice placement costs.

It is specified that as part of this procedure, no refund will be granted.

ARTICLE 14. Warranty exclusions

The warranty exclusions apply both to the legal guarantees detailed in article 12 and to the commercial guarantees stipulated in article 13 of these General Conditions.

Are not covered by legal and commercial guarantees:

  • Damage resulting from normal wear and tear of the equipment,
  • Damage attributable to the CUSTOMER,
  • Accidents resulting from negligence, faulty maintenance, monitoring or installation not in accordance with the rules of the art, and non-compliance with the safety rules indicated in the user manual.
  • Damage resulting from intensive use or non-compliance with the use for which the PRODUCT was intended,
  • Damage due to incorrect connection,
  • Damage resulting from non-compliance with the conditions of use or instructions formulated by EORUN and/or its suppliers,
  • Damage resulting from replacement of the PRODUCT or parts of the PRODUCT carried out by a third party other than EORUN and/or its suppliers.
  • Modifications to original electrical connections or original wiring
  • Engine or hydraulic system failure in the event of bad oil or lack of oil level
  • Lack of maintenance of the machine: lack of lubrication, cleaning of filters and various circuits, visible rust spots, etc.
  • Consumable parts: batteries, bulbs, filters, spark plugs, cables, hoses, tracks, tires, inner tubes, etc.

The CUSTOMER is therefore invited to consult the conditions or instructions for use of the PRODUCT prior to any use.

Any abuse concerning a complaint made by the CUSTOMER or an unjustified return of PRODUCT will be invoiced to the CUSTOMER.

ARTICLE 15. Liability

EORUN cannot be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the CLIENT, in particular when entering their order.

The CUSTOMER undertakes in any case to take note of the precautions for use of the delivered PRODUCT recalled in the instructions for use. EORUN cannot be held responsible for any inconvenience or damage directly or indirectly linked to the abnormal use of a PRODUCT.

EORUN is responsible for the announcements made by its employees on the SITE and/or on other stores managed by it, as well as on any merchant site.

It is also specified that EORUN does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.

EORUN cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these General Terms and Conditions results from a case of force majeure.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation. by the debtor.

If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.

As such, EORUN cannot be held liable in particular in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as 'in the event of the occurrence of any circumstance or event outside the control of EORUN occurring after the conclusion of the General Terms and Conditions and preventing execution under normal conditions.

It is specified that, in such a situation, the CUSTOMER cannot claim payment of any compensation and cannot take any action against EORUN.

In the event of the occurrence of one of the above-mentioned events, EORUN will endeavor to inform the CUSTOMER as soon as possible.

ARTICLE 16. Personal data

EORUN collects personal data concerning its CLIENTS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by EORUN is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has expressly chosen this option, send them commercial prospecting letters, newsletters, offers. promotional and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from EORUN.

The CLIENT's data is kept confidentially by EORUN for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to EORUN service providers involved in the order process. For commercial purposes, EORUN may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have expressly given their prior consent when registering on the SITE.

EORUN will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting EORUN. EORUN may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of this data, and repealing Directive 95/46/EC ( General Data Protection Regulation known as GDPR ), EORUN ensures the implementation of the rights of individuals concerned.

It is recalled that the CUSTOMER whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information which concerns him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (GDPR).

In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without costs.

The CUSTOMER can exercise these rights by sending an email by completing the contact form on the SITE or by sending a letter to EORUN – 100 RTE DE NIMES 30132 CAISSARGUES – France.

The CUSTOMER also has the possibility of making a complaint to the CNIL, the supervisory authority in France.

ARTICLE 17. Complaints

The CUSTOMER must make to EORUN, on the same day of DELIVERY or at the latest the working day following DELIVERY, any claim of DELIVERY error and/or non-conformity of the PRODUCTS in kind and quality in relation to the indications appearing on the order form. Beyond this period, any complaint will be rejected.

The complaint can be made to EORUN either by mail to the address: EORUN – 177 Route des Carrières – 30126 TAVEL – France (date of postmark as proof), or by email by completing the after-sales service form. directly on the site .

In the event of an error or exchange of DELIVERY, any PRODUCT to be exchanged or refunded must be returned to EORUN as a whole and in its original packaging in impeccable condition. The return costs will be borne by EORUN, except in the event that it turns out that the PRODUCT does not correspond to the original declaration made by the CUSTOMER in the return slip. The return address of the product will be communicated to the CUSTOMER in due time.

ARTICLE 18. Intellectual property

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of EORUN. Any reproduction, in whole or in part, of all or part of these elements is systematically subject to authorization from EORUN. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from EORUN in writing.

This authorization from EORUN will in no case be granted definitively. This link must be removed at the request of EORUN. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

ARTICLE 19. Validity of the General Conditions

If, due to a change in the legislation or regulations in force, or a judicial decision, any Article or any clause or stipulation of these General Conditions is judged, in whole or in part, to be invalid , void or unenforceable, no other Article, clause or stipulation of the said General Conditions, nor the remainder of the Article, clause or stipulation in question shall be affected, unless unless these General Conditions clearly state the contrary.

All conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.

The fact that EORUN has not required the application of any clause of these General Conditions, whether permanently or temporarily, can in no case be considered as a waiver of said clause or interpreted as a modification of the Terms and conditions.

ARTICLE 20. Modification of the general conditions

These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Conditions are precisely dated and may be modified and updated by EORUN at any time. The applicable General Conditions are those in force at the time of the order.

Changes to the General Conditions will not apply to PRODUCTS already purchased.

Article 21. Jurisdiction and applicable law

These General Conditions as well as the relations between the CLIENT and EORUN are governed by French law.

In the event of a dispute, only the French courts will have jurisdiction.

However, prior to any recourse to an arbitration or state judge, the CUSTOMER is invited to contact the EORUN complaints department.

If no agreement is reached or if the CUSTOMER justifies having previously attempted to resolve their dispute directly with EORUN through a written complaint, an optional mediation procedure will then be offered, carried out in a spirit of loyalty and goodwill. faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.

To initiate this mediation, the CUSTOMER can contact the EORUN mediator: FEVAD MEDIATION E-COMMERCE, whose contact details are: 60 rue de la Boétie 75008 PARIS and who can be contacted via this link: http://www.mediateurfevad.fr /index.php/consumer-space/ .

The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.

As mediation is not obligatory, the CLIENT or EORUN may withdraw from the process at any time.

In the event that mediation fails or is not considered, the dispute which may have given rise to mediation will be entrusted to the competent court.

 

 

ANNEX 1

WITHDRAWAL POLICY

 

 

Principle of withdrawal

The CUSTOMER has in principle the right to withdraw by returning or returning the PRODUCT to EORUN.

To do this, the PRODUCT must be returned or returned without undue delay, and at the latest within fourteen (14) days following communication of its decision to withdraw, unless EORUN offers to recover the PRODUCT itself.

 

Withdrawal period

In accordance with article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.

In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.

If the CUSTOMER's order concerns several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.

 

Notification of the right of withdrawal

To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by the post) to: EORUN – 177 Route des Carrières – 30126 TAVEL – France or by email by completing the withdrawal form directly on the site.

He can also use the form below:

 

WITHDRAWAL FORM

To the attention of EORUN – 100 RTE DE NIMES 30132 CAISSARGUES

EORUN* telephone number: 04 12 30 00 03

EORUN* email address: contact@eorun-france.com

I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:

PRODUCT Reference

Invoice number:

Purchase order number:

- Ordered on [____________]/received on [________________]

- Payment method used:

- Name of the CUSTOMER and, where applicable, the beneficiary of the order:

- CUSTOMER address:

- Delivery address :

- Signature of the CUSTOMER (except in the case of transmission by email)

- Date

For the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, EORUN undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by EORUN) without undue delay and, in any event, no later than fourteen (14) days from the day on which EORUN receives the returned PRODUCT ( Article L.221-24 of the Consumer Code).

EORUN will make the reimbursement using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means. In any case, this reimbursement will not incur any costs for the CUSTOMER.

As an exception, it is expected that an order paid by PayPal can only be refunded by PayPal.

EORUN is not required to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by EORUN.

EORUN may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these facts.

 

Return conditions

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to EORUN. The return address for the PRODUCT will be communicated to the CUSTOMER in due time following their withdrawal request accepted by EORUN.

This deadline is deemed to have been met if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period.

 

Return fees

The CUSTOMER must bear the direct costs of returning the goods.

At the CUSTOMER's request, EORUN can take care of the collection of the PRODUCT on behalf of the CUSTOMER. An estimate concerning these return costs will be established for the CUSTOMER who is required to accept and pay it, or to refuse it before any collection of the PRODUCT.

Condition of the returned item

The PRODUCT must be returned following EORUN’s instructions, and in particular:

  • Include all accessories delivered;
  • Be returned in its original packaging;
  • Be accompanied by the corresponding invoice;
  • Be free from any deterioration or dirt, as well as the packaging;
  • Be new and unused;
  • Can be remarketed as new.

If the PRODUCT was delivered on a pallet, it must be returned on a pallet of the same type.

The CUSTOMER's liability is only incurred with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his liability may be incurred if he carries out manipulations other than those which are necessary.

 

Case of a PRODUCT return after the processing time has expired with the carrier

When the carrier mandated by EORUN to deliver the CUSTOMER's order cannot contact the latter or find the delivery address he left when ordering, he keeps the PRODUCT for a variable period indicated in his Conditions of Sale (generally between ten (10) and fifteen (15) working days). After this period, the PRODUCT is automatically returned to the EORUN warehouse with deduction of round-trip transport costs before reimbursement for any withdrawal request.

 

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

  • Supply of goods or services whose price depends on fluctuations in the financial market
  • Supply of goods made according to the CUSTOMER's specifications or clearly personalized
  • Supply of goods likely to deteriorate or expire quickly
  • Supply of sealed audio or video recordings or software that has been unsealed after delivery
  • Newspaper, periodical, magazine (except subscription contract)
  • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services linked to leisure activities if the offer provides for a specific date or period of execution
  • Supply of goods which by their nature are inseparably mixed with other articles
  • Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
  • the supply of alcoholic beverages whose price was agreed at the time of conclusion of the sales contract, delivery of which can only be made after 30 days and whose real value depends on fluctuations on the market beyond the control of EORUN
  • Supply of digital content not provided dematerialized if the execution has started with the express prior agreement of the consumer, who has also recognized that he will thus lose his right of withdrawal
  • Contracts concluded at a public auction

 

 

ANNEX 2:

DELIVERY POLICY

 

Delivery zone

The PRODUCTS offered can only be delivered within the TERRITORY.

CUSTOMERS residing in Corsica or the French Overseas Territories and wishing to be delivered to these geographical areas are invited to contact EORUN prior to placing any order. They declare themselves informed of the fact that the additional carrier cost will be their responsibility, under penalty of cancellation of the order.

The PRODUCTS are shipped to the DELIVERY address(es) that the CUSTOMER will have indicated during the order process.

Once the order has been validated, the CUSTOMER will not be able to change either the destination or the DELIVERY address without the prior consent of EORUN. The CUSTOMER is required to provide a correct DELIVERY address, as well as a telephone number so that the carrier can contact him in the event of his absence. In the event of an error and/or modification of this data not reported or in the absence of the CUSTOMER which would result in the return of the goods, the storage costs, the reshipping costs, plus all related costs will be at the exclusive expense of the CUSTOMER. An invoice will be issued for these additional costs. No change of address can be made after sending the PRODUCTS.

 

delivery time

The deadlines for preparing an order and then issuing the invoice, before shipping PRODUCTS in stock, are mentioned on the SITE. These deadlines exclude weekends or public holidays.

The deadlines for processing, preparing and then shipping an order are mentioned on the SITE. These deadlines are calculated in working days and start upon validation of the order.

To these deadlines, the carrier's DELIVERY time should be added.

The order processing time is a maximum of three working days, after receipt of total payment from the CUSTOMER. Orders placed on the SITE are shipped directly by EORUN from their warehouse in France. Thus, EORUN guarantees the shipment of orders within the deadlines indicated.

The PRODUCTS offered for sale on EORUN come only from its factory. Delivery times may vary depending on the PRODUCTS. DELIVERY occurs on average between two (2) and eight (8) days after departure from the warehouse (average time communicated by the different transport companies).

An electronic message will be automatically sent to the CUSTOMER who has ordered on the SITE to notify him of the shipment of the PRODUCTS and provide him with all the information to follow the execution of the order, provided that the electronic address appearing in the form registration is correct.

EORUN cannot be held responsible in the event of non-receipt of the electronic message if the address provided by the CLIENT was incorrect.

 

DELIVERY TIMES & COSTS

During the order process, EORUN indicates to the CUSTOMER the possible shipping times and options for the PRODUCTS purchased.

Shipping costs are offered for all products on the site by EORUN.

Details of deadlines are indicated on the SITE.

In the absence of indication or agreement as to the DELIVERY date, EORUN delivers the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract ( Article L.216-1 of the Consumer Code ) .

 

DELIVERY Terms

The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document.

In the event of absence, a delivery notice will be left with the CUSTOMER, to allow him to collect his parcel from his post office.

 

DELIVERY Issues

At the end of the online ordering procedure and before its confirmation, the CUSTOMER is informed of the DELIVERY date, this being fixed at the time of the carrier choice.

It is specified that DELIVERIES will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give EORUN formal notice to deliver within a reasonable time and in the event of non-DELIVERY within this time, he may terminate the contract.

EORUN will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and DELIVERY costs included, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.

EORUN is responsible until DELIVERY of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during DELIVERY.

 

Carrier disputes

The risk of loss or damage to the PRODUCTS is transferred to the CUSTOMER upon receipt by the latter. In the event that the CUSTOMER entrusts DELIVERY of the PRODUCT to a carrier other than that offered by EORUN, the risks of loss or damage are transferred to the CUSTOMER upon delivery of the PRODUCT to said carrier.

The PRODUCTS are only insured on express instruction and at the CUSTOMER's expense. If the customer uses an external carrier, the products will be insured at his expense.

It is up to the CUSTOMER to check the good condition of the PRODUCT(s) at the time of DELIVERY and in the presence of the delivery person. This control must absolutely cover references, quantities, quality, as well as conformity to the order.

In the case of DELIVERY on a film-wrapped pallet, the CUSTOMER should check the presence of the guarantee strip stuck to the protective film of the pallet and check the number of packages listed on the transport slip.

If the PRODUCTS have suffered loss or damage due to the carrier, the CUSTOMER must make handwritten, precise and complete reservations on the transport slip.

If the CUSTOMER notices excessive damage to the package or pallet or missing elements, he is invited to refuse DELIVERY by making the necessary reservations on the transport slip.

Without these legal reservations, no appeal will be possible. It is in fact recalled that the general reserve statement “subject to unpacking” has no legal value.

The reservations entered on the DELIVERY slip must be confirmed by registered letter within three (3) days to the attention of the carrier. Beyond this period, any complaint will be rejected.

Upon receipt of the package, reservations, in the event of problems occurring during the transport of the order, must be clear and detailed on the carrier's receipt. Reservations must be made on the PRODUCT itself and not on the packaging. The CUSTOMER may be required to take digital photos to add to their reservations.

In the event of a carrier's failure, EORUN undertakes to find a solution for rapid DELIVERY in order to best satisfy the CUSTOMER.

 

Each PRODUCT has been subject to prior technical verification by EORUN and/or its suppliers.

The CUSTOMER declares itself informed that any complaint and/or return of PRODUCT can only be made within the framework of the legal guarantees or commercial guarantees detailed in articles 12 and 13 of these General Conditions, subject to the guarantee exclusions provided for in Article 14. Any PRODUCT conforming to the indications specified in the technical sheet and not presenting any lack of conformity or hidden defect cannot be returned at the expense of EORUN.