Legal notices & T&Cs

Legal Notice
Terms of Sales

SITE EDITOR

Möbius Mobility, simplified joint stock company with capital of €30,000.00, 4 Rue Victor Duruy, 75015 Paris

Paris RCS number 891 445 454

Intra-community VAT number FR 08 891445454

hello@mobius.bike

DIRECTORATE OF PUBLICATION

Ms. Imane Lallali-Benbergerim, President

SITE HOSTING

The site is hosted by Shopify Inc, whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada. Phone number: 1-888-746-7439.

HYPERTEXT LINKS

The creation of hypertext links to the www.mobius.bike site is necessarily subject to the prior agreement of the Director of publication.

The hypertext links established in the direction of other sites from the www.mobius.bike site cannot engage the responsibility of the publication director.

COPYRIGHT

The reproduction or representation, in whole or in part, of the pages, data and any other component of the www.mobius.bike site is prohibited and constitutes an infringement without authorization from the publisher.

PERSONAL DATA

All the information in your account is only used within the framework of your commercial relationship with the company Möbius Mobility SAS. This information is never shared with third parties or resold. In addition, your banking information is never in our possession. Transactions are fully processed by Stipe or Paypal.

In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have a right of access to data, as well as a right to modify and delete these.

To exercise this right, simply write to Möbius Mobility SAS via the contact form in the “Contact” section, or send a letter to the address: 4 Rue Victor Duruy, 75015 Paris.

You can also access the information concerning you and possibly make the necessary corrections directly on the site by going to your account.

Finally, you also have the option of unsubscribing from the newsletters offered by www.mobius.bike by clicking on the link provided at the bottom of the page in the last newsletter received.

COOKIES POLICY

Subject to your prior authorisation, Möbius Mobility may place one or more cookies on your computer.

This cookie records information relating to your browsing on the site and stores the information you entered during your visit or when connecting to your personal space.

GENERAL

The www.mobius.bike website (the “Site”) is published by Möbius Mobility, a simplified joint-stock company with capital of €30,000, whose head office is located at 4, rue Victor Duruy, Paris (75015).

The company is registered in the Paris Trade Register under number 891 445 454 , Intracommunity VAT number FR 08 891445454 (hereinafter “Möbius”).

ARTICLE 1. APPLICATION OF THE GENERAL CONDITIONS OF SALE

These conditions of sale (the "GTC") apply to all orders for products and services placed via the Site (the "Products") with Möbius by any person (the "Customer").

The GCS aim to define the contractual relationship between Möbius and the Customer and the conditions applicable to any purchase made through the Site, whether the buyer is a professional or a consumer.

The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being freely available on the Site.

The T&Cs shall prevail over any other general or specific conditions not expressly approved by Möbius.

Möbius reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the Site at the time of the Order. Consequently, the fact of placing an Order requires full prior acceptance and, without reservation, of the T&Cs by the Customer.

ARTICLE 2. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by Möbius or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below). Möbius cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

Möbius does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. Möbius also cannot be held responsible for problems with data transmission, connection or unavailability of the network.

Möbius reserves the right to make changes to the Site, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.

ARTICLE 3. CHARACTERISTICS OF THE PRODUCTS

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Möbius. As such, Möbius cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.

Möbius takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts. In addition, the Customer may have access to the documentation of the supplier of the Products.

The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors.

Möbius does not guarantee the accuracy or security of information transmitted or obtained through the Site.

It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that Möbius only accepts the return of undamaged and unused Products, these two conditions being checked before returning the returned Products to stock.

The Products and services offered are those listed in the catalog published on the Mobius.bike website.

ARTICLE 4. ORDERS

Taking an Order on the Site is subject to compliance with the procedure put in place by Möbius on the Site comprising successive stages leading to the validation of the Order.

The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.

All the data provided and the recorded confirmation will constitute proof of the transaction.

Confirmation will be worth signing and acceptance of transactions.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Möbius. To this end, the Customer formally accepts the use of electronic mail for confirmation by Möbius of the content of his Order.

Möbius reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite Möbius' best efforts to meet Customers' expectations, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.

Möbius cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order.

Möbius also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.

ARTICLE 5. PRICE AND TERMS OF PAYMENT

The prices of the Products are indicated in euros, including VAT, but excluding customs fees, other taxes and any administrative costs related to delivery. Furthermore, any change in the rate may be passed on to the price of the Products.

Möbius reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the Site on the day of the Order will be the only one applicable to the Customer.

Bank card:

The price is payable when ordering. Payments will be made by credit card; they will be carried out through the Stripe secure system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and that no third party can read it during transport on the network. The buyer's account will be debited after validation of the order.

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be due by the Consumer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

An invoice showing the VAT is available at any time in the buyer's account, or on simple request.

ARTICLE 6. DELIVERY

Möbius delivers its Products in mainland France FREE of charge (the “Geographic Zone”). The shipping costs include a contribution to the preparation and packaging costs as well as the postage costs.

In the case of pre-orders, the delivery time includes the manufacturing time and delivery time to the various delivery points.

Deliveries are provided by the services of a carrier, from Monday to Saturday. Delivery means the transfer to the Customer of physical possession of the Product(s) (the “Delivery”).

The risk of loss or deterioration of the Product is transferred to the Customer when the Product is delivered to the carrier.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person of his choice. Delivery cannot be made to hotels or to PO boxes.

Delays in delivery cannot give rise to either payment or a claim for compensation from Möbius in the event that such a delay is either attributable to the Customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure.

The Customer is informed by email, when his Order is ready, of its shipment. The Product(s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in Article 4 of these GCS.

The Customer must ensure that the information communicated referred to in article 4. and mentioned in the confirmation email is correct, and that it remains so until complete delivery of the Product(s) ordered. . The Customer therefore undertakes to inform Möbius of any change in billing and/or Delivery details that may occur between the Order and the Delivery, by sending, without delay, an email to the email address at the following address:

hello@mobius.bike

The Customer who accepts a Product without making any reservations to the carrier accepts it as is. He is then deprived of any possibility of formulating a complaint with regard to the Delivery.

In the event of deterioration or partial loss of the Product, the Customer must imperatively formulate reservations upon receipt of the Products on the delivery slip, a duplicate of which is sent to Möbius and, within 3 (three) days following this receipt, notify these reservations to the carrier by registered letter with request for acknowledgment of receipt.

If the product does not comply with the Order, the Customer must send a complaint to Möbius in order to obtain the replacement of the Product or possibly the cancellation of the sale.

ARTICLE 7. REFUNDS AND RETURNS

7.1 Deadline and procedures for exercising the right of withdrawal

In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Möbius, without having to justify its decision, nor pay any penalties except for the return costs, to return them to Möbius for the purposes of exchange or refund.

The exercise of the right of withdrawal is carried out either via the customer account by using the Return module, or by completing and sending the withdrawal form appearing in Appendix 1 of the General Conditions of Sale, to the following address: SAS Möbius – 4 Rue Victor Duruy -

Paris - 75015 or by email at the following address hello@mobius.bike

7.2 Terms of return of the Order under the right of withdrawal

The right of withdrawal is exercised without penalty.

The Customer returns the Order, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code. Beyond this period of fourteen (14) days, the sale is firm and definitive.

The Product must be returned in its original packaging, in its original condition, new, unused and in perfect condition.

To make a return, the Customer must follow the procedure indicated on the return form received with his Order.

The return of the Products is paid for by Möbius if the place of Delivery is in mainland France. If the customer's delivery address is in a country other than France, the return of the Products is the responsibility of the Customer and is at his own risk.

7.3 Reimbursement of Products returned under the right of withdrawal

Reimbursement of the Order by Möbius is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. However, the refund takes place provided that Möbius has been able to recover the Products subject to the return and the refund request, in a state of resale.

Möbius makes the refund using the same means of payment as the one used to pay for the Order. If this means of payment has expired, the Customer must contact customer service to modify the method of reimbursement. Möbius cannot be responsible for reimbursement on an expired means of payment.

If the Customer fails to comply with these T&Cs, Möbius will not be able to reimburse the Products concerned. In all cases, the return costs are borne by Möbius if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

ARTICLE 8. WARRANTY

Duration

Duration of the Möbius VAE guarantees:

- 5 years executive;

- 2 years of electrical and mechanical components (excluding wearing parts);

All the Products supplied by Möbius benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code.

In the event of non-compliance of a Product sold, it may be returned to the seller who will take it back, exchange it or refund it.

All complaints, requests for exchange or reimbursement must be made within thirty days of Delivery.

All Products pass a quality test. Nevertheless, the Customer has a period of 1 year after receipt of the Product to report a manufacturing defect. The warranty does not take into account damage caused by clumsiness or abuse by the Customer.

Limitation of liability

The liability of Möbius with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Möbius will not be liable for the following losses, regardless of their origin:

- loss of income or sales;

- operating loss ;

- loss of profits or contracts

- loss of anticipated savings;

- data loss ;

- loss of work or management time;

- image damage;

- loss of opportunity, and in particular of ordering a Product;

- moral damage.

Möbius is only required to deliver Products that comply with the contractual provisions.

The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such Products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

In addition, SAS Möbius Mobility guarantees consumer Customers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:

Legal guarantees

All Products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return free of charge the Products delivered which are defective or non-compliant.

Disclaimer of Warranties

Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover Products damaged during transport after Delivery or due to improper use.

Procedures for implementing guarantees

For any request concerning legal warranties, the Customer must then contact Customer Service at sav@mobius.bike

These provisions are not exclusive of the right of withdrawal defined in Article 7 above.

-> Consequences of the implementation of legal guarantees:

As part of the legal guarantee of conformity, Möbius undertakes, at the Customer's choice:

- either to replace the Product with an identical Product depending on available stocks;

- or to reimburse the price of the Product if the replacement of a Product proves impossible.

-> Force Majeure:

In the event of the occurrence of an event of force majeure preventing the execution of these GCS, Möbius shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment reception.

Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Möbius or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

ARTICLE 9. LIABILITY

Möbius, in the online sales process, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

ARTICLE 10. INTELLECTUAL PROPERTY

All elements of the Site are and remain the exclusive intellectual property of Möbius. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the Site, whether material, software, visual or sound.

ARTICLE 11. PERSONAL DATA

In accordance with the applicable regulations relating to data processing, files and freedoms, information of a nominative nature relating to Customers may be subject to automated processing.

Möbius reserves the right to collect information on buyers, including by using cookies, and, if it wishes, to transmit the information collected to commercial partners.

Customers may object to the disclosure of their details by notifying Möbius. Likewise, users have the right to access and rectify data concerning them, in accordance with applicable regulations.

ARTICLE 12. ARCHIVING - PROOF

Möbius will archive the invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

Möbius' computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

ARTICLE 13. RETENTION OF OWNERSHIP

Möbius retains full and complete ownership of the Products sold until full payment of the full price, in principal, costs, taxes and compulsory contributions included.

ARTICLE 14. PARTIAL INVALIDITY

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

ARTICLE 15. NON-WAIVER

No tolerance, inaction or inertia on the part of Möbius may be interpreted as a waiver of its rights under the terms of the GCS.

ARTICLE 16. APPLICABLE LAW - JURISDICTION - MEDIATION

The sale of the Products and these T&Cs are subject to French law.

In the event of a complaint not resolved amicably by customer service, and in accordance with article L612-1 of the Consumer Code, the Customer may contact the dispute resolution platform put online by the European Commission at following address: http://ec.europa.eu/consumers/odr/.

In the absence of an amicable resolution, any dispute relating to the interpretation of the GCS, the execution or termination of a sale, the interpretation, execution or termination of these presents shall be submitted to the courts with legal jurisdiction in this regard. regarding consumers and the Paris Commercial Court regarding professionals.

APPENDIX 1: MODEL WITHDRAWAL FORM

(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)

To the attention of :

Möbius Mobility SAS

4 Rue Victor Duruy, 75015 Paris

Email: sav@mobius.bike

I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) below:

Ordered on …………….. (order date) and/or received on …………….. (delivery date)

Name of Consumer Client:

Address of the Consumer Client:

Signature of the consumer Client:

Date :

For any information, you can contact Customer Service at sav@mobius.bike.

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