General conditions of sale

General

These general conditions of sale (referred to as CGV) define the relations between the brandAT WEY under the trade name SAVE MY BATTERYAnd its professional and non-professional clients, natural or legal persons. These relationships range from order placement to delivery and payment of goods.

The signAT WEY under the trade name SAVE MY BATTERYis a simplified joint stock company, with share capital of €10,000, registered with the RCS of Lyon under SIREN number: 821 005 337, intra-community VAT number: Fr74821005337.

Head office located at:
AT WEY
19 Rue Riboud,
69003 Lyon,

Mailing address :
24 Avenue Joannes Masset,
69009 Lyon, Building K

The societyAT WEY under the trade name SAVE MY BATTERYCan be reached either by email “contact@savemybattery.fr” or by telephone at “04 28 29 44 71”.

Any service performed by the company AT WEY implies the buyer's total and unreserved acceptance of these general conditions of sale which replace and cancel any previous correspondence or offers exchanged by the parties. These conditions take precedence over the buyer's general purchasing conditions, unless prior written agreement is obtained from the company AT WEY

Article 1: Completeness

These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all of the provisions provided for in these general conditions.

No general or specific conditions appearing in the documents sent or delivered by the consumer may be incorporated into these terms, as long as these documents are incompatible with these general conditions.

Article 2: Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by SAVE MY BATTERY to the consumer.

Article 3: Contractual documents

This contract is formed by the following contractual documents, presented in descending hierarchical order:

• These general conditions.
• Purchase order.

In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank will prevail.

Article 4: Entry into force - duration

These general conditions come into force on the date of signing the order form. These general conditions are concluded for the duration necessary for the supply of the goods and services purchased, until the extinction of the guarantees owed by AT WEY.

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

The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing that, to the address indicated by the consumer on the order form.

We reserve the right to cancel your order if it indicates one or more incorrect elements.

Article 7: Proof of the transaction

The computerized records, kept in the computer systems of the company AT WEY under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8: Product information

8-a: The company AT WEY presents on its website www.https://savemybattery.fr/gb/ products for sale with the necessary characteristics which allow compliance with article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking the final order the essential characteristics of the products they wish to purchase .

8-b: The offers presented by the company AT WEY are only valid while stocks last.

8-c: Photographs illustrating the products do not fall within the contractual scope. Differences in color in the dye baths, or in computer screen color variations not being the responsibility of AT WEY, may differentiate these products from the photos displayed.

Article 9: Price

Prices are indicated in Euro and are only valid on the date the consumer sends the order form. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order.

Prices take into account the T.V.A. applicable on the day of the order and any change in the applicable rate T.V.A. will be automatically reflected in the price of the products in the online store. Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits.

Article 10: Method of payment

To pay for their order, the consumer has their choice of all the payment methods specified in the order form. (Bank card). The consumer guarantees to AT WEY that he has the authorizations that may be necessary to use the payment method, when validating the order form.

AT WEY reserves in particular the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .

Article 11: Availability of products

The order will be executed at the latest within 30 days from the day following that on which the consumer placed his order.

In the event of unavailability of the ordered product (out of stock), the consumer will be informed as soon as possible and will have the possibility of canceling their order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of payment at the latest, by e-mail to contact@savemybattery.fr, or an exchange of the product.

Article 13: Delivery problems caused by the carrier

Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, damaged products.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. The consumer must at the same time confirm this anomaly by sending to the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt setting out the said complaints.

The consumer must send a copy of this letter by regular mail to: 24 Avenue Joannes Masset 69009, Lyon.

Article 14: Delivery errors

14-a: The consumer must make to ATWEY on the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected.

14-b: The formulation of this complaint with ATWEY may be made in the form of: email to Contact@savemybattery.fr telephone call to 33 (0)4 28 29 44 71.

14-c: Any complaint not made in accordance with the rules defined above and within the allotted time limits cannot be taken into account and will release AT WEY from any liability towards the consumer.

14-d: upon receipt of the complaint, the AT WEY company workshop will assign an exchange number for the product(s) concerned and will communicate it by e-mail or by telephone to the consumer. The exchange of a product can only take place after the consumer has been assigned an exchange number according to the procedure presented above.

14-e: In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to AT WEY in its entirety and in its original packaging, by Registered Colissimo, to the following address: 24 Avenue Joannes Masset 69009, Lyon. to be accepted, any return must be reported in advance to the AT WEY company.

Shipping costs are the responsibility of AT WEY, except in the event that it turns out that the product returned does not correspond to the original declaration made by the consumer in the return slip.

Article 15: Product guarantee

In accordance with article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold. .

15.1 Upon delivery, the customer is obliged to immediately check whether the products have been damaged during transport. In the event of damage(s), the customer must notify AT WEY in writing as soon as possible, within a maximum period of three (3) days after delivery, precisely describing the damage and attaching a photograph if possible. The absence of control of the products and the failure to inform AT WEY and/or the use of the products during this period will constitute proof that the products delivered by AT WEY are compliant and not damaged.

15.2 In the event that the products delivered do not comply with the agreement concluded between the two parties, the customer has the choice between repairing or replacing the defective products with new products or refunding the amount invoiced.

The consumer can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and in this case, he can choose between canceling the sale or reducing the sale price. in accordance with article 1644 of the civil code

15.3The AT WEY company guarantees any damage caused by manufacturing defects for 2 years from the date of delivery. Damage due to manufacturing defects does not include damage due

• (a) normal wear and tear,
• (b) a short circuit,
• (c) overload,
• (d) deep discharge,
• (e) overheating of products
• (f) installation of AT WEY products by persons not qualified to work with electrotechnical systems or components,
• (g) use not in accordance with the instructions in the AT WEY user or safety manual,
• (h) a non-compliant use of product specifications ;
• (i) a case of force majeure.

15.4 Apart from what is specified in clause 15.3, AT WEY does not guarantee, either explicitly or implicitly, any guarantee of market value and adaptation to a particular use or any guarantee arising from a transaction, a level of performance or commercial use, and specifically declines any undertaking or warranty that the product will meet the customer’s requests, will perform a specific function or will reach a desired result other than that stated by WEY.

15.5 Liability towards the customer is excluded in the event that the customer fails to notify AT WEY in writing of the existence of a defect within ten (10) days after noticing this defect, in order to allow AT WEY to assess the damage.

15.6 AT WEY's liability for damage suffered by the customer is in all cases limited to the amount invoiced for the products concerned, unless this damage is due to serious or deliberate negligence on the part of ATWEY.

15.7 When returning under warranty, transport costs are the responsibility of the customer

15.8 When sending the battery or returning it as part of an after-sales service, the customer remains responsible for the goods in the event of loss, theft or damage.

AT WEY cannot be held liable for any (a) damage due to one or more circumstances stipulated in clause 15.3, resulting in damage to AT WEY products or any other device installed in the vicinity of these products, or (b) consequential damage or (c) loss of profits or value.

Article 16: Right of withdrawal

has)The consumer has 14 working days to return, at their own expense, products that do not suit them. This period runs from the day of the order. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day. Please note, a 10% discount will be applied for any damaged or damaged product or packaging, unless we are responsible for the error.

Any return must be reported in advance to AT WEY by e-mail (contact@savemybattery.fr). A returns number will then be assigned to the product. The product must be returned by Registered Colissimo to SAVE MY BATTERY (AT WEY) 24 Avenue Joannes Masset 69009, Lyon.

This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, re-shipment will be at the consumer's expense.

If the right of withdrawal is exercised, AT WEY will make every effort to reimburse the consumer within 14 working days.

The consumer will then be reimbursed by bank check or re-crediting of the bank card.

In the case of a payment with Alma and an order cancellation, the costs borne by AT WEY during the order will be deducted from the reimbursement of the order canceled by the customer.

"Only items returned in impeccable condition, without trace of use or installation, allowing them to be put back on sale by SAS AT WEY (this assuming that they are returned in their original packaging or in packaging allowing equivalent protection of said items during their return transport) will be accepted. Consequently, items returned incomplete, damaged, damaged or soiled will not be taken back.

b) Exceptions
In accordance with article L.121-20-2 3° of the Consumer Code, the right of withdrawal cannot be exercised for goods made according to the consumer's specifications or clearly personalized:

- Customized cabling according to customer specifications: specific cable lengths, specific connectors, addition of functions;
- Special order (product not listed in the SAS AT WEY online catalog.
- Custom BMS ;
- Custom voltage or capacity in Ah.
- Custom battery shape or assembly
- Any product modified following the customer's request ;
- Prototyping ;

- Any product not appearing on the SAS ATWEY online store: www.https://savemybattery.fr/gb/.

Article 18: Force majeure

Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure.

Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten business days of becoming aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.

If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: The blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning ; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Article 19: Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

Article 20: Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 21: Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22: Applicable law

These general conditions are subject to French law. This is the case for substantive rules as well as for formal rules.

In the event of a dispute or complaint, the consumer will first contact the company AT WEY under the trade name SAVE MY BATTERY to obtain an amicable solution.

In case of non-agreement:

“In accordance with articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The mediation entity selected is:CNPM - CONSUMER MEDIATION. In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing toCNPM - MEDIATION - CONSUMPTION - 27 avenue de la liberation - 42400 Saint-Chamond»

Article 23: Information Technology and Freedoms

The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders and the preparation of invoices. Failure to provide information will result in the order not being validated.

In accordance with the law "information technology and freedom", the customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data which concerns him, which he can practice with AT WEY.

In addition, AT WEY undertakes not to communicate, free of charge or for consideration, the contact details of its customers to a third party.

These conditions are subject to change at any time without notice.

Article 24: Battery diagnosis

-          The company AT WEY SAVE MY BATTERY cannot be held responsible for:

·         When transporting the battery to our premises (Damage caused by the battery and loss of the battery)

·         When transporting the battery back (Damage caused by the battery)

·         When storing the battery until diagnosis is complete

·         Deterioration on the casing of the battery opening due to clip or glue attachment.

·         After carrying out the diagnosis, we keep the battery for 10 working days in our premises, after this time the battery will be destroyed. In the event that the battery is not repairable or that the repair estimate is not accepted (a repair is considered accepted by the customer by written acceptance of the estimate and its payment)

-          Specific components inspect

·         Cells

·         Wiring

·         Connectors

·         Bonding nickel

·         How Binary BMS Works

-          Components not inspected

·         Microprocessor

·         Micro-component of the BMS charge/discharge/power/safety

·         Internal state of the cells (compression valve, valve etc.)

·         Generally all internal elements which are not visually accessible

-          In order for us to accept a diagnosis, the customer must give us only the battery, in the case where the battery is returned in its application, dismantling costs will be tacitly applied for an amount between 30 euros to 110 euros excluding tax depending on the complexity of disassembly.

-          The AT WEY company cannot be held responsible for any damage to the application when the battery is dismantled or stored.

-          The AT WEY company cannot be held responsible for equipment entrusted outside the battery, the term “Guardian of the thing” will therefore only be effective on the battery.

-          The AT WEY company cannot be held responsible for any faulty assembly of the battery in the application or for any screws or lack of expertise outside the battery.

-          Security fees will be applied at the rate of 5 euros/day from the 10th day preceding the confirmation email indicating that the diagnosis has been completed.

-          The diagnosis is carried out in a dry environment at a temperature between 10 and 30C°, the latter cannot take into account unusual operating conditions.

-          Capacity and power tests can only be carried out if the condition of the battery allows it.

-          The diagnosis takes into account exclusively the condition of the battery, we provide no expertise and no opinion on the condition of the components surrounding the battery. Our mission is therefore limited to the functioning or not of the battery, its overall condition and an expert opinion from our services. We cannot be held responsible for compatibility or not with an application.

-          At the end of the diagnosis, a repair estimate can be proposed in the event that the repairability is certain to be successful, does not call into question the safety of the battery and the cost of the repair remains acceptable.

-          Only repaired items will be eligible for the warranty clause.

-          The cost of returning the battery remains the responsibility of the customer