General conditions of sale intended for professional resellers “AT WEY”

The processing time for professional account validation is 48/72 hours.

These general conditions of sale (hereinafter the “ GENERAL TERMS AND CONDITIONS ") are offered by the company AT WEY, a simplified joint stock company with capital of 10,000 euros, registered in the LYON Trade and Companies Register under number 821 005 337, whose head office is located at 19, rue Riboud in LYON (69003) and carrying out its activity under the commercial name “AT WEY » (hereinafter «AT WEY ").

Via its website available at the following URL address https://savemybattery.fr/gb/ (hereinafter the “Site"), AT WEY offers the online sale of batteries for electric scooters, E-skates and electric bicycles, batteries by voltage, external batteries, chargers and tailor-made batteries (hereinafter the "Products"). 

1         APPLICATION AND ENFORCEMENT OF THE CGV

1.1       These General Terms and Conditions apply, without restriction or reservation, to any order for Products placed with AT WEY by any natural or legal person, acting within the framework of their professional activity, with a view to reselling them to their customers at the same time. of its own commercial activity (hereinafter the “Dealer").

1.2       These General Terms and Conditions are intended to define the conditions for the resale of the Products entrusted to the Reseller, under the brand “SAVE MY BATTERY” or under the name AT WEY, as well as the specific conditions of acquisition of the Products by the Reseller from AT WEY.

1.3       These General Terms and Conditions constitute the basis of the commercial negotiation between AT WEY and the Reseller, in accordance with the provisions of article L.441-1 of the Commercial Code. Unless otherwise agreed in writing by the parties, these General Terms and Conditions take precedence over any conflicting clauses arising from general conditions previously drawn up or appearing in the Reseller's general conditions of purchase.

1.4       These General Terms and Conditions must be considered as an integral and essential part of the contract concluded between AT WEY and the Reseller and replace any possible offers, provisions or prior agreements, written or verbal.

1.5       These General Terms and Conditions are systematically notified to the Reseller during any order for Products placed with AT WEY. Validation of any order thus implies full and unreserved acceptance of these General Terms and Conditions by the Reseller.

1.6       AT WEY reserves the right to modify and/or adapt these General Terms and Conditions at any time. In any event, only the version in force on the day an order for Products is placed by the Reseller will be validly applicable.

1.7       The fact that AT WEY does not take advantage, at a given moment, of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of being able to take advantage of them at a later date.

1.8       These General Terms and Conditions apply identically to all Resellers, regardless of the place of establishment of their business, subject to the application of mandatory provisions resulting from the legislation of the State in which they are established.

2         PRODUCT SUPPLY TERMS

2.1       In order to resell the Products to its own customers, the Reseller is required to obtain supplies exclusively from AT WEY for these Products.

2.2       Any acquisition of Products by the Reseller must be ordered from AT WEY. Any order for Products may thus be carried out through the Site, in accordance with the process provided for this purpose or by email and/or by telephone. In any event, any validation of an order for Products implies the express and unreserved acceptance of these General Terms and Conditions by the Reseller.

2.3       AT WEY reserves the right to refuse any order of an abnormal nature or made by a Reseller not acting within the framework of his professional activity.

2.4       In the event that the Reseller wishes to modify all or part of his order for Products, he must inform AT WEY in writing and as soon as possible, and in any event, before the date scheduled for delivery of the Products acquired. from AT WEY. Any modification of an order may be subject to a costed supplement previously communicated to the Reseller for agreement.

2.5       An order for Products is only deemed final after having been expressly and formally accepted by AT WEY. Any order accepted by AT WEY takes the form of a written order confirmation which will be sent to the Reseller.

2.6       AT WAY executes any order for Products duly accepted and undertakes to implement all necessary means to deliver the Products ordered by the Reseller, free from any defect.

3         PRICES AND PAYMENT TERMS

Price

3.1       Unless otherwise agreed between AT WEY and the Reseller, the Products are supplied at the prices in effect on the day the order is placed according to the price list transmitted by AT WEY to the Reseller.

3.2       These prices are net and excluding taxes and are payable in euros. Shipping costs are included in the prices for any order intended to be delivered in France, they are excluded for any order outside France.

3.3       Special pricing conditions may be applied depending on the specifications expressly formulated by the Reseller concerning, in particular, the delivery terms and times or the payment times and conditions.

Terms of Payment

3.4       For any order of Products placed with AT WEY during the first year of commercial relations, the Reseller is required to pay the total amount of his order under the following conditions:

3.5       From the second year following the first order, the Reseller may ask AT WEY to pay for its orders at a frequency of 15 days, which AT WEY remains free to accept or not.

3.6       Unless otherwise agreed between AT WEY and the Reseller, the latter pays the amount of its order, directly on the Site, by check or by transfer.

3.7       An invoice corresponding to the order for Products placed by the Reseller and complying with the provisions of article L.441-9 of the Commercial Code is sent to the Reseller upon delivery of the Products ordered.

3.8       Any failure or delay in payment on the due date of the sums due by the Reseller will automatically result in penalties of late payment calculated at the rate of three (3) times the legal rate in force. The Reseller will also be automatically liable for a fixed compensation for recovery costs set at forty (40) euros, in accordance with article D.441-5 of the Commercial Code.

Resale price of the Products by the Reseller

3.9       The Reseller freely determines, in its capacity as an independent trader, the resale prices to its customers of Products acquired from AT WEY.

4         DELIVERY OF PRODUCTS

4.1       The terms and costs of delivery of the Products are indicated to the Reseller, before any payment of his order.

4.2       Delivery is made to the place and under the conditions agreed between the parties, by direct delivery of the Products, the latter traveling at the Reseller's risk.

4.3       AT WEY may, at the Reseller's request, deliver the Products directly to the Reseller's end customer, under the conditions agreed between them. In this case, the Products to be delivered belonging to the Reseller travel at the latter's risk.

4.4       The Products ordered by the Reseller from AT WEY are delivered within the time period mutually agreed between them. This period, however, only constitutes a purely indicative and informative period, AT WEY however undertaking to inform the Reseller of any possible delay in the delivery of its order of Products.

4.5       Any reasonable delay in delivery of the Products may under no circumstances give rise to the award of damages to the Reseller or allow the latter to cancel its order. Furthermore, AT WEY cannot be held liable in the event of a delay or suspension of delivery of the Products attributable to the Reseller alone or in the event of a case of force majeure.

4.6       The Reseller is required to check the apparent condition of the Products ordered upon delivery. In the absence of a reservation expressly expressed by the Reseller upon delivery, the Products delivered by AT WEY are deemed to conform in quantity and quality to the order placed by the Reseller. The Reseller has a period of three (3) days (non-working days or public holidays not included) from receipt of the Products ordered to issue, in writing, such reservations to AT WEY. In the event of non-compliance with these formalities by the Reseller, no claim can be validly accepted by AT WEY.

4.7       If necessary, AT WEY replaces, as quickly as possible and at its expense, the Product(s) delivered whose lack of conformity has been duly proven by the Reseller.

5         RESERVATION OF OWNERSHIP CLAUSE / TRANSFER OF RISKS

5.1       AT WEY reserves, until full payment of the price of the Products ordered by the Reseller, a right of ownership over the Products concerned, allowing it to regain possession of said Products in the event of non-payment.

5.2       Any possible deposit paid by the Reseller remains with AT WEY as lump sum compensation, without prejudice to any other actions that it would be entitled to take against the Reseller as a result.

5.3       On the other hand, the transfer to the Reseller of the risks linked to loss and deterioration takes place as soon as the Products leave AT WEY's warehouses, regardless of the date of payment and delivery of the Products concerned.

5.4       Consequently, the Reseller may, if he wishes, have the Products insured by ad hoc insurance, until complete transfer of ownership (i.e. after full payment of the price). In this case, after having duly informed AT WEY, the Reseller can take out the appropriate insurance, it being specified that the corresponding costs remain exclusively his responsibility.

6         RESELLER COMMITMENTS

General obligations

6.1       As part of its resale of the Products to its own customers, the Reseller undertakes to respect the marketing standards for the Products set out by AT WEY and the regulations in force (in particular, concerning those applicable to dangerous products), including included for the marketing of the latter on the Internet, as well as in compliance with the specific conditions for resale of the Products possibly agreed with AT WEY. The Reseller further undertakes to resell the Products in compliance with the mandatory provisions applicable to consumer customers likely to acquire the Products and to provide them with all the information legally required in this regard.

6.2       The Reseller is duly informed of the nature and specificities of the AT WEY Products and undertakes to inform and ensure compliance with its own customers the conditions of use of these Products as well as the related precautions, such as that appears in the user manual downloadable by any customer from the link provided for this purpose and appearing on the Product order invoice.

6.3       In particular, the Reseller undertakes never to present itself as the manufacturer of the Products or as the owner of the “SAVE MY BATTERY” brand or the name AT WEY or any other distinctive sign relating to the Products.

6.4       The Reseller undertakes to expressly mention the brand “SAVE MY BATTERY” or the name AT WEY in the context of the presentation and/or promotion of the Products, on any medium and in any manner whatsoever (on the Internet and /or on social networks, etc.).

6.5       The Reseller remains, in any event, the sole contact for its own customers purchasing one or more Products of the “SAVE MY BATTERY” brand, with regard to the sale and any diagnostics to be carried out on the Products resold. The Reseller, however, undertakes to inform AT WEY, as quickly as possible, of any incident or difficulty (technical or not) encountered during the resale of the Products acquired from AT WEY and likely to cause damage to the latter.

6.6       Any request made by a customer of the Reseller and relating to the repair and/or upgrading of a Product acquired from the Reseller must be transmitted by the latter to AT WEY, as soon as possible, AT WEY remaining solely competent in order to perform such services. In the event that the Customer's request does not fall within the guarantee of conformity or hidden defects, the Reseller's Customer will have to bear the return shipping costs in after-sales service. The Reseller undertakes to inform the Customer of this in its general conditions of sale.

Sale of competing products by the Reseller

6.7       Throughout the period during which the Reseller offers its customers the sale of the Products, the Reseller remains free to sell or promote products identical or similar to the Products, whether its own products or those of a professional. third parties likely to be, directly or indirectly, competitors with the Products acquired from AT WEY. The Reseller is not bound by any exclusivity with regard to AT WEY.

7         RESPONSIBILITY

7.1       Each of the Parties must ensure the smooth execution of the contract binding them and remains personally and fully responsible for the execution of its actions, for all damages of any nature whatsoever and their consequences resulting from its act or its actions. personal, if he has appealed, and this, both with regard to the other party and third parties, and guarantees the other party from all recourse against the latter in this respect.

7.2       The Reseller acknowledges being solely responsible for any damage, of whatever nature, occurring during the resale of the Products to its own customers and undertakes to compensate AT WEY for all consequences of the liability that may fall to it. , due to bodily, material and/or immaterial, consequential and/or non-consequential damage caused to third parties, to AT WEY and its successors in title and/or to their property and/or to their personnel. The Reseller guarantees AT WEY against any recourse against the latter in this respect.

7.3       AT WEY cannot be held liable due to damage or inconvenience suffered by a customer who has not been informed by the Reseller of the precautions and conditions of use of the Product(s) acquired by this customer. As such, the Reseller remains solely responsible for the consequences of such a lack of information with respect to its own customers.

7.4       In any case, AT WEY's liability cannot exceed the amount of orders for Products placed during the last three months by the Reseller.

8         FORCE MAJEURE

8.1       “Force majeure” is defined as any event beyond the control of one of the parties and incapable of being reasonably foreseen at the time of the conclusion of the contract concluded between AT WEY and the Reseller. Such an event is characterized when the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit the effects.

8.2       Neither party will be held responsible towards the other for the non-execution or delays in the execution of an obligation arising from these General Terms and Conditions which would be due to the act of the other party following the occurrence of a case of force majeure, as recognized and defined by French case law.

8.3       The case of force majeure suspends the obligations arising from these General Terms and Conditions for the entire duration of its existence, and neither party may, during this period, validly rely on the existence of such a case of force majeure within the meaning of the Article 1218 of the Civil Code in order to justify the end of its contractual relationship with the other party. However, if the case of force majeure lasted for more than thirty (30) consecutive days, it would give rise to the right to termination of the contract concluded between the parties by one or the other of them, eight ( 8) days after sending a registered letter with acknowledgment of receipt notifying this decision.

9         INSURANCE

9.1       The Reseller undertakes to take out, for the entire duration of the contract concluded with AT WEY, an insurance policy with a reputably solvent insurance company, guaranteeing its professional civil liability for all activities and obligations arising from said contract and covering, more particularly, the financial consequences of its professional civil liability for all damages, of whatever nature (and in particular bodily, material, immaterial, etc.) caused to AT WEY and/or to any third party whatsoever. it is and/or to any person acting on behalf of AT WEY, in the context of the resale of the Products.

9.2       The Reseller undertakes to maintain this insurance policy throughout the resale period of the Products acquired from AT WEY and provide proof of this upon request from the latter, by providing a certificate from its insurers, listing the guarantees taken out. , their amount and their validity period.

9.3       Any modification, suspension, resolution or termination of this insurance policy, for whatever reason, must be reported to AT WEY as soon as possible.

10       PRODUCT WARRANTIES

10.1    The Products acquired by the Reseller from AT WEY benefit from the legal guarantees in force and referred to below, without prejudice to the application of any other legal guarantee likely to be implemented by a customer acquiring one or more Products from of the Reseller.

Legal guarantee of eviction

10.2    Under the terms of article 1626 of the Civil Code, “although during the sale no stipulation was made on the guarantee, the seller is legally obliged to guarantee the buyer against eviction that he suffers in all or part of the object sold, , or charges alleged on this item, and not declared at the time of sale”. .

Legal guarantee against hidden defects

10.3    According to articles 1641 to 1649 of the Civil Code, the Reseller may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase and are sufficiently serious (the defect must either make the Product(s) unfit for the use for which they are intended, or reduce this use to such an extent that the Reseller would not have acquired the Product(s) or would not have purchased them at such a price if he had known the defect).

10.4    In this case, the Reseller has the option of either returning the Product(s) concerned and requesting reimbursement of the price paid to AT WEY, or keeping it and having part of the price refunded. Complaints and requests for reimbursement for a non-compliant Product must be made by post to the address indicated in the legal notices of the Site. The Reseller will be reimbursed for the amount of their order, via the payment method used when purchasing the Product(s) concerned.

10.5    In accordance with the provisions of article 1648 paragraph 1^er of the Civil Code, “the action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".           

11       INTELLECTUAL PROPERTY

11.1    The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data or distinctive signs appearing on the Site and/or on the Products remain the exclusive property of AT WEY or , where applicable, from their respective holders from whom AT WEY has obtained operating authorizations.

11.2    AT WEY remains the owner of all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyright relating to the Site as well as any other distinctive sign belonging to it.

11.3    Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, broadcast and/or communication, in any form whatsoever, commercially or not, of all or part of the brand and/or a work of the original spirit or data contained on the Site is strictly prohibited.

11.4    As part of the resale of the Products to its own customers, the Reseller is however imperatively required to resell the Products under the sole brand "SAVE MY BATTERY" or under the name AT WEY and thus to expressly mention this brand in the as part of the presentation, promotion and, more generally, as part of its communication on the Products offered to its customers. 

11.5    The Reseller refrains, in any event, from any action or act likely to directly or indirectly infringe the intellectual property rights of AT WEY and, in particular, the SAVE MY BATTERY brand of which AT WEY remains the exclusive owner.

12       CONFIDENTIALITY

12.1    The Reseller is prohibited, for the entire duration of the contract binding it to AT WEY and without time limit after its termination, for any reason whatsoever, from:

●        Disclose to any third party whatsoever, directly or indirectly, except under legal obligation, the terms and conditions of resale of the Products agreed with AT WEY and, more generally, any confidential information concerning AT WEY and/or the Products, which may have been communicated to it. communicated by AT WEY which remains the sole holder;

●        Provide or authorize a third party to access and/or benefit from confidential information communicated to them or made available to them by
AT WEY for the resale of the Products;

●        Use the confidential information communicated to it for personal purposes or, more generally, for a purpose other than that agreed with AT WEY, unless expressly agreed otherwise by the latter.

12.2    Consequently, the Reseller will do what is necessary to guarantee the protection of this confidential information.

12.3    As an exception, confidential information concerning AT WEY, its company and/or its Products may be disclosed to the Reseller's staff/partners, but only to the extent that this is strictly necessary in the context of the resale of the Products to its customers and after prior and express authorization from AT WEY to which this information belongs. The Reseller undertakes to inform its staff and/or its partners of this confidentiality obligation and to make it/them respect said obligation, of which it takes full responsibility with regard to AT WEY.

12.4    The Reseller is informed that any disclosure for its benefit of confidential information relating to AT WEY and/or the Products cannot, under any circumstances, be interpreted as conferring on it any right over this information.

13       PROTECTION OF PERSONAL DATA

13.1    The Reseller is informed that the creation of his account, the placing of his order for Products, the edition of the corresponding invoice as well as the delivery of said Products give rise to the collection and processing by AT WEY of personal data concerning him and/or concerning its legal representative(s) or main contact persons, the use of which is subject to the provisions of the law
no. 78-17 of January 6, 1978 relating to Computing, Files and Liberties and European Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and to the free movement of this data (GDPR).

13.2    AT WEY provides the Reseller with a confidentiality policy describing the principles of collection and processing of personal data practiced by AT WEY as well as the rights that the Reseller has with regard to its data. This privacy policy is accessible on the Site at the following URL address https://savemybattery.fr/content/12-politique-de-confidentialite.

14       APPLICABLE LAW AND COMPETENT JURISDICTION

14.1    These General Terms and Conditions are governed by French law.

14.2    Any dispute to which these T&Cs (or one of their clauses) and/or the relations between AT WEY and the Reseller could give rise will be submitted to the competent courts within the jurisdiction of the Court of Appeal of Lyon, includingomitted in the event of summary proceedings, warranty proceedings or multiple defendants.