General Terms and Conditions of Sale
General Terms and Conditions of Sale
The online store of the Evo-Spirit.com website has been set up by the company Innovation Distribution Service (I.D.S), whose registered office is located at 2C Avenue du Gulf Stream, 44380 Pornichet, registered with the RCS of Saint-Nazaire under number 527 822 613, Intra-community VAT: FR 42 527822613, which operates this site.
Any order placed for a product appearing in the online store of the Evo-Spirit.com website implies prior consultation of these general terms and conditions. Consequently, the consumer acknowledges being perfectly informed that their agreement concerning the content of these general terms and conditions does not require a handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website's store.
The consumer has the option to save or print these general terms and conditions, it being specified that both saving and printing this document are their sole responsibility. The consumer, prior to their order, declares that the acquisition of these products is not directly related to their professional activity, their acquisition being reserved for personal use.
The online store set up by the Innovation Distribution Service company within the framework of the website mentions the following information:
1. legal notice allowing precise identification of the Innovation Distribution Service company
2. presentation of the essential characteristics of the goods offered
3. indication, in Euros, of the price of the goods, as well as, where applicable, delivery costs
4. indication of payment, delivery, or execution terms
5. the existence of a right of withdrawal
6. the validity period of the offer or price
7. the conditions for terminating the contract when it is for an indefinite period or a period exceeding one year
8. All of this information is presented in English. The consumer declares having full legal capacity allowing them to commit to these general terms and conditions
A question or concern about an order:
First and foremost, do not hesitate to contact us, we will do our best to ensure you are satisfied: Contact us here
Article 1 – Entire Agreement
These general terms and conditions express the entirety of the parties' obligations. In this sense, the consumer is deemed to unreservedly accept all the provisions set out in these general terms and conditions.
Article 2 – Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the Innovation Distribution Service company to the consumer.
Article 3 – Contractual Documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general terms and conditions; the order form. In case of contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Article 4 – Entry into Force – Duration
These general terms and conditions come into force on the date of signing the order form. These general terms and conditions are concluded for the duration necessary for the provision of the purchased goods and services, until the expiration of the warranties owed by the Innovation Distribution Service company.
Article 5 – Electronic Signature
The consumer's "double click" on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6 – Order Confirmation
Contractual information will be confirmed by email at the latest upon delivery or, failing that, to the address indicated by the consumer on the order form.
Article 7 – Proof of Transaction
Computerized records, kept in the computer systems of the Innovation Distribution Service company under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 – Product Information
8-a: The Innovation Distribution Service company presents products for sale on its website with the necessary characteristics to comply with Article L 111-1 of the Consumer Code.
8-b: Offers presented by the Innovation Distribution Service company are valid only while stocks last.
Article 8 bis – Motorized vehicles not approved for public roads (DICEM declaration)
Some products offered for sale (notably electric skateboards in Sport version) have, by design, a top speed exceeding 25 km/h and are not approved for circulation on public roads. They are classified as unapproved motorized vehicles (Article L321-1-1 of the Highway Code) and their use is strictly reserved for private land, approved circuits, or specially adapted terrains.
In accordance with Decree No. 2008-1455 of December 30, 2008, the purchaser of such a vehicle is required, within fifteen (15) days of acquisition, to declare it to the administrative authority (DICEM system), obtain an identification number, and have it affixed permanently to the vehicle. This obligation rests solely with the purchaser.
The use of these vehicles also requires taking out civil liability insurance (Article L211-1 of the Insurance Code). The seller cannot be held responsible for use not conforming to current regulations.
Article 9 – Prices
Prices are indicated in euros including VAT and are valid only on the date the order form is sent by the consumer. They do not include delivery costs. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store.
Validity period of offers
Offers and prices appearing on the site are valid as long as they are visible online and while stocks last. Promotional offers are valid during the period indicated in the associated communication.
Discount codes and promotional codes do not apply to used products.
Article 10 – Payment Method
To pay for their order, the consumer has, at their choice, all the payment methods listed on the order form. The consumer guarantees the Innovation Distribution Service company that they have any necessary authorizations to use the chosen payment method when validating the order form.
All transactions carried out on the site are secured by SSL (Secure Socket Layer) protocol. Banking data is processed directly by our payment providers and is not retained by the Innovation Distribution Service company.
Article 11 – Product Availability
The order will be executed within a maximum of 3 days from the day after the consumer placed their order. In case of unavailability of the ordered product, the consumer will be informed as soon as possible and will have the option to cancel their order.
Article 12 – Delivery Terms
Products are delivered to the address indicated by the customer when ordering. The customer is required to check the condition of the package and its contents upon receipt, and to report any anomaly or damage to the carrier on the delivery note, as well as to the Innovation Distribution Service company, within one week.
12.1 Delivery Zones
Deliveries are made in mainland France, the European Union, and Switzerland. No deliveries are made to the United Kingdom, French overseas territories, and non-EU countries (excluding Switzerland).
12.2 Delivery Times
Orders are shipped on the business day following order validation (D+1). Indicative delivery times are 2 to 4 business days depending on the destination.
12.3 Carriers and Costs
Skateboards: Standard delivery by GLS in Europe: €29.90 including VAT
Accessories and spare parts: Standard delivery by GLS in Europe: €14.90 including VAT – Delivery to Mondial Relay pick-up point (France only): €8.00 including VAT
Article 13 – Delivery Issues
Any anomaly concerning the delivery must be imperatively indicated on the delivery note as "handwritten reservations". The consumer must confirm this anomaly to the carrier within two business days by registered mail. A copy must be sent to: IDS – 2c Avenue du Gulf Stream – 44380 Pornichet
Article 14 – Delivery Errors
14-a: The consumer must make any claim on the day of delivery or at the latest on the first business day following.
14-b: By phone at 02.40.22.16.22 or by email at info@evo-spirit.com
14-e: Returns are to be sent to: IDS – 2c Avenue du Gulf Stream – 44380 Pornichet.
Article 15 – Product Warranty
In accordance with applicable regulations, the consumer benefits from a two-year period from the delivery of the goods to act under the legal guarantee of conformity. They can choose between repair or replacement of the goods and are exempt from proving the existence of the defect during the twenty-four months following delivery.
The consumer can also invoke the warranty against hidden defects provided for in Article 1641 of the Civil Code.
Availability of spare parts: essential parts are available for a minimum period of 2 years from the date of purchase. Some parts remain available longer, up to 10 years depending on the models.
Legal Guarantee of Conformity
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully reimbursed upon return of the goods, if the professional refuses to repair or replace the goods, if the repair or replacement occurs after thirty days, if the repair or replacement causes a major inconvenience to the consumer, or if the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the goods or to the termination of the contract when the conformity defect is so serious that it justifies an immediate price reduction or contract termination.
The consumer does not have the right to terminate the sale if the conformity defect is minor. Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty period until the repaired goods are delivered. The foregoing provisions are without prejudice to the award of damages.
Independently of the legal warranty, the consumer may invoke the warranty against hidden defects (Articles 1641 et seq. of the Civil Code).
Article 16 – Right of Withdrawal
The consumer has a period of 14 calendar days to return, at their own expense, products that do not suit them. This period runs from the day of delivery. The product must be returned via Registered Colissimo to IDS – 2c Avenue du Gulf Stream – 44380 Pornichet.
The consumer may handle and try the product as in a store to establish its nature, characteristics, and proper functioning. Opening the packaging or trying it out cannot alone justify a refusal. They are only liable in case of depreciation resulting from handling exceeding this verification, which may then lead to a proportionate reduction in the refund. The refund covers all sums paid, including initial standard delivery costs, and occurs no later than 14 days after the seller has been informed of the decision. It may be deferred until the product is recovered or proof of its shipment is provided.
Mediation: FEVAD – www.mediateurfevad.fr – 60 rue la Boétie, 75008 Paris. European platform: https://ec.europa.eu/consumers/odr/.
Article 17 – Return Conditions
In accordance with Article L221-23 of the Consumer Code, the consumer's responsibility is only engaged with regard to the depreciation of the product resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning. The product must be returned complete (accessories and manuals). Depreciation exceeding normal testing may lead to a reduction in the refunded amount corresponding to the observed depreciation, duly justified. The return is not refused solely on the grounds that the packaging has been opened or the product has been tried.
Article 18 – Force Majeure
Neither party shall have failed in its contractual obligations insofar as their execution is delayed, hindered, or prevented by a fortuitous event or force majeure.
Article 19 – Partial Invalidity
If one or more provisions of these general terms and conditions are held to be invalid, the other provisions shall retain their full force and scope.
Article 20 – Non-Waiver
The fact that one of the parties does not invoke a breach by the other party shall not be interpreted in the future as a waiver of the obligation in question.
Article 21 – Heading
In case of difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings shall be declared non-existent.
Article 22 – Applicable Law
These GTC are governed by French law. In case of dispute, the consumer is invited to first contact Innovation Distribution Service's customer service. Failing that, any dispute will be brought before the competent French courts. The consumer may bring the matter before the court of their domicile or the court of the product's delivery location.
Article 23 – Data Protection and Liberties
The information collected is necessary for order processing. In accordance with the GDPR and the Data Protection Act, the customer has a right of access, rectification, erasure, opposition, and portability. Contact: info@evo-spirit.com. Phone: +33 2 40 22 16 22.. A complaint can be made to the CNIL.
Appendix – Standard Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: Innovation Distribution Service (I.D.S) – 2C Avenue du Gulf Stream, 44380 Pornichet – Email: info@evo-spirit.com – Tel.: +33 2 40 22 16 22
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods (*)/for the provision of the following services (*):
- Ordered on (*) / received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only in case of notification of this form on paper):
- Date:
(*) Delete as appropriate.