Terms and conditions

Site published by : NEW WALKINGS SAS. with capital of € 24,000, registered with RCS LILLE under number 804 815 611 and whose registered office is at 34 bis rue Emile Zola 59650 Villeneuve d'Ascq, France. The SIRET of the New Walkings company is 80481561100020 and its APE code is 4649Z.

The website is hosted by OVH, whose head office is at 2 rue Kellermann 59100 Roubaix - France

These conditions are concluded between, on the one hand, the company New Walkings referred to as "the Seller", and, on the other hand, the persons wishing to make a purchase on Inmotion-france.fr hereinafter referred to as "the User", via the website https://www.inmotion-france.fr, hereinafter referred to as "the Website".
The parties agree that these conditions of sale, available on the day of purchase, exclusively govern their relationship. The language proposed for the conclusion of the contract between the parties is French by default.

If a condition were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
This contract is subject to the provisions of the Consumer Code relating to distance selling.

1. Object
These General Conditions aim to define the terms of sale between the Seller and the User, from ordering to after-sales services, including payment and delivery. These conditions apply exclusively to non-commercial individuals.

2. Products
The Products governed by these General Conditions, hereinafter referred to as the “Products” or “Parts”, are those which appear on the Website. They are offered within the limits of available stocks.
In the event that the item is indicated as being "on pre-order" or "in restocking", the date indicated cannot be considered firm and final and could be subject to changes and delays, beyond the control of the Sellers.
The Products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Seller's liability cannot be engaged. Furthermore, as modifications may be made by engineers in order to improve products, without necessarily notifying the Seller, the latter cannot be held liable.
The photographs of the Products are not contractual.

3. The order
The User has the possibility to place his order online from the online catalog.
Any order implies acceptance of the prices and descriptions of the Products and Parts available for sale.
The User has the possibility of modifying his basket before the final validation, this last step formalizing the sales contract between the Seller and the User. By placing an order on the site, the User fully and completely accepts these general conditions of sale.
In certain cases, in particular lack of funds, absence of payment, risk identified on the means of payment, incorrect address or other problem on the User's account, the Seller reserves the right to block the User's order until to the resolution of the problem.
Orders can be sent to the Seller by Internet only. The Seller will send to the address that the User will have communicated all the items appearing on his order, with the exception of those which will not be available on the day of receipt of the order or that of processing, these will be shipped later. upon availability. The maximum delivery time is 12 weeks, except in the case of a pre-order item, the time of which may be variable and extended.
In the event of definitive unavailability of a Product, the Seller will contact the User to notify him and offer him a replacement product. In case of refusal by the User of the replacement article, the sum corresponding to the exhausted article will be refunded to the User.

4. Delivery
The shipment of parcels in mainland France and European countries.

Shipping costs are calculated on a flat-rate basis.
Delivery is made to the delivery address indicated by the User, at the entrance to the building, under normal conditions of accessibility. In the event of absence during delivery, a calling card (by slip, email or sms) allows you to agree on a new delivery date with the carrier. In some cases the package can be dropped off at a relay point by the delivery provider who must notify the customer by email, sms or by a delivery slip in the customer's letterbox.
In the event of a pre-order or a product in restocking, it is agreed that the User keeps his delivery address up to date by correcting it if necessary in his Customer Area.

5. Payment
The User has one or more means of payment for the payment of his purchases. Any means of payment is conditioned by the acceptance by the Customer of the general conditions of sale.

• Online when ordering by credit card (Carte Bleue, Visa, Mastercard):
  The User's account will be debited before the shipment of the available items. In the event of exhausted Products or Parts, a credit card credit will be made for the actual amount of the exhausted Product (s) or Parts. In some cases, pre-order or reservation of popular products, the amount will be deducted immediately to guarantee the reservation of the order.
  This method of payment is reserved for residents of metropolitan France (excluding DOM-TOM), Monaco, Belgium, Luxembourg, Andorra, Germany, Spain, Italy, Netherlands, Portugal, Austria, Denmark, Finland, Poland, Czech Republic, Slovakia , Sweden. For other countries, payment must be made by bank transfer.
• Online when ordered in instalments:
  By credit card in 2X, 3X or 4X for an amount between 500€ and 4000 € according to our partner Alma's acceptance.
  The security of the payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.
  Alma is a tele-payment manager and delivers an electronic certificate which will be worth proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
  This payment method is conditioned by the Customer's acceptance of the credit contract proposed by Alma. Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
  In case of withdrawal by the Customer, the amounts and interests already paid will be reimbursed to him in accordance with the regulations (reduced by processing fees in the case of a pre-order).
  Any termination of the GTC binding the Customer and the Seller entails the termination of the GTC or the credit agreement between Alma and the Customer.
  For any information concerning the conditions applicable to the purchase of products sold by third parties, please consult the website of our partner Alma or contact them via the address support@getalma.eu.
  Financing for a period of less than or equal to 4 months granted subject to acceptance by Alma, a simplified joint stock company with a capital of 316,532.47 euros, whose head office is located at 176 avenue Charles de Gaulle, Neuilly-sur-Seine (92200), registered in the Nanterre Trade and Companies Register, under number 839 100 575
  You have a legal retraction period for distance selling. Inmotion France or New Walkings have no power to grant or manage credit.
  Only the residents of France, Belgium, Germany, Spain, Italy, Netherlands, Austria and Luxembourg can use this payment method, for the other countries, please pay by credit card in 1 time or by bank transfer.
• Wire Transfer :
  The products or parts available are shipped after receipt of the transfer. In the event of exhausted Products or Parts, a refund will be made for the actual amount of the exhausted Product (s) or Parts. The User must provide his Bank Identity Statement so that the Sellers can proceed with the reimbursement.

6. Prices
The prices are understood in euros all taxes included.
These prices are exclusive of the flat-rate contribution to the processing costs (postage, packaging and preparation of the package).
As the site is a sales site for individuals, it is not possible for a User to place an order in a professional capacity. In this case, the professional must contact the Seller using the contact form.
The prices take into account the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the prices of the Products or Parts. However, the prices cannot be modified once the customer's order has been confirmed. Likewise, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, up or down, this change may be reflected in the selling price of the Products or Parts present on the Seller's site and sales documents.
The User will also have to pay a lump sum corresponding to a contribution to the shipping costs of the order (unless he benefits from a special offer exempting it), the amount of which will be specified on the order form before validation. of the latter. This participation depends on the Products or Parts ordered and the destination of the package.
In the event of an erroneous, clearly derisory price (low price) being displayed, for whatever reason (computer bug, manual error, technical error.), The User's order, even if it has already been validated by the Sellers, will be canceled, which the Seller will inform the User as soon as possible. The User, if he wishes, will then have the possibility of re-ordering at the corrected and exact price.

7. Right of withdrawal and returns
The User has a right of withdrawal of fourteen (14) calendar days from the date of receipt or withdrawal of his package.
In the event that the User's order relates to several goods delivered separately, the withdrawal period expires fourteen days after the day on which the User, or a third party other than the carrier and designated by the User, takes physical possession of the last batch or last piece.
When the User's withdrawal period expires on a weekend, public holiday or non-working day, it is extended until the next working day.
It is your responsibility to check the condition of the packaging as well as the contents of the package, upon receipt, in order to identify any damage or a missing or broken product. If an anomaly was present, the User must report it within 48 hours of delivery.
To exercise his right of withdrawal, the User must notify the Seller's customer service department of his decision to withdraw from this contract by means of an unambiguous declaration :

• by written letter sent by post, addressed to Customer Service New Walkings - 34 bis rue Emile Zola 59650 Villeneuve d'Ascq France.
• or by e-mail by logging into their customer area and going to the “Contact us” section of the Website.

If the User uses this option, an acknowledgment of receipt of his withdrawal will be sent to him without delay by e-mail by the Seller.
The right of withdrawal can only be exercised once the delivery has been made. The right to cancel an order cannot be exercised once the order has been dispatched. As a reminder, all our products are new, and come directly from the manufacturer's official stocks.
All Products may be reimbursed except those excluded by law and bearing a statement to this effect:

• Chargers and batteries when the protective blister has been opened or torn,
• Wear parts (lights, tires, inner tubes, brakes, etc.),
• Sensitive parts (electronic components, motherboard, ...) depending on the case.
• Parts fitted and installed, whether defective or not
• Parts used for professional or commercial purposes
• Parts whose wear is normal, variable depending on the product.

The User must ensure that the order for which he is withdrawing is returned complete. The Products to be taken back must be intact, complete, packed in the original packaging. Items returned incomplete, damaged or damaged will be refused.
After agreement to return from customer service, the User must return or return the item to the Seller at the address communicated to him, without undue delay and, in any event, no later than fourteen days after having communicated to the Seller its decision to withdraw from this contract. This deadline is deemed to have been met if the User returns the goods before the expiration of the fourteen-day period.
As part of the exercise of the right of withdrawal, the return costs are the responsibility of the User (with the exception of a defective Product upon receipt, or an error during the shipment of the Product)

These must be returned to the address provided by customer service, by Colissimo Recommandé. If the package was sent to the head office address, a handling fee would apply.
The product(s) must be in perfect condition, in their original undamaged packaging. The email sent by customer service authorizing the return must be present in the package.
The products are delivered to the delivery address indicated when placing the order. If a modification is made by the User then the latter will be responsible for the follow-up and the smooth running of the delivery, the responsibility of the Seller cannot be engaged in the event of delay or error in delivery.

Effects of withdrawal
In the event that the User withdraws from this contract, the Seller will reimburse him for all payments received from the User, including the shipping costs initially paid without undue delay and, in any event, no later than fourteen days from the day the Seller is informed of the User's decision to withdraw from this contract.
The Seller may defer the reimbursement until receipt of the goods or until receipt of proof of shipment of the goods (Copy of the Colissimo slip) from the User, the date chosen being that of the first of these facts.The Seller will reimburse the User for the returned Products and the shipping costs initially paid, subject to compliance with the above-mentioned return conditions.
The reimbursement of the Product will only be complete if it has not been used at all and is considered by our Expertise Department as new. The reimbursement of the User will be made via the same means of payment as that used during the payment for the returned order. This reimbursement will not incur costs for the User.

In certain circumstances, the order is not eligible for a refund but for a credit. The credit is:

• valid only on the website
• non-exchangeable, non-extendable, non-cumulative with a discount code, non-dividable
• valid for 12 months from date of issue
• to spend for an order of an amount at least equal to the amount of the credit note

Pre-orders

As part of a pre-order, in the event of its cancellation at the request of the User, a lump sum of €50 (payment by bank transfer or credit card) or €100 (payment in several instalments ) will be deducted from the refund, corresponding to bank and file processing fees.
For the cancellation of the pre-order to be truly effective, and the refund process initiated, the User must signal his refusal, in writing and by registered letter with acknowledgment of receipt, to be sent to:
New Walkings
34bis rue Emile Zola
59650 Villeneuve d'Ascq
Reimbursement will take place within 15 calendar days, upon receipt of the registered letter.
By definition, the pre-order date may be forcibly postponed, beyond our control, following a delay in factory production and/or fluctuating shipping and customs formalities delays. Therefore, the date indicated on the Site is a provisional (indicative) delivery date, and cannot be considered as the final date.

8. Guarantees
The manufacturer's commercial guarantee or the Seller's commercial guarantee does not preclude the benefit of the legal guarantee against hidden defects on the products sold and the legal guarantee against defects in conformity of goods with the contract.
8.1. Legal guarantee of conformity (see reference texts below):
When the User acts as a legal guarantee of conformity:

• He has a period of 2 years from the delivery of the goods to act (Article L211-12 of the Consumer Code)
• He can choose between repair or replacement of the good, subject to certain cost conditions provided for by article L.211-9 of the Consumer Code.
• He is exempt from providing proof of the existence of the lack of conformity during the six months following the delivery of the goods (Article L211-7 of the Consumer Code). This period is extended to twenty-four months from March 18, 2016, except for second-hand goods and products poorly maintained by the user.
• This right is abrogated in the event of a wearing part, a sensitive part or proven bad handling of the product by the User.

The legal guarantee of conformity applies independently of the commercial guarantee or the manufacturer's guarantee that may be granted.
8.2. Legal warranty against hidden defects on products:
The User may decide to implement the legal guarantee against hidden defects in the item sold provided for in article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Except in the event of a legal guarantee, any operation resulting from a lack of conformity occurring between the Seller and the User, not contested within 24 months, cannot give rise to a complaint.
8.3. Commercial guarantee:
All items sold by the Seller benefit from a two-year commercial warranty (excluding wear parts and electronic components as appropriate), one year for the batteries and chargers supplied with the product. Integrated into the sale price, the commercial warranty covers the cost of parts and labor costs.
The commercial warranty does not cover normal wear and tear of a Product. It also does not cover negligence, abnormal use, or external accidental causes. In these latter cases, the Product may be returned as is or repaired upon acceptance and prior payment of an estimate drawn up by the manufacturer. Repair subject to the availability of spare parts (up to 2 years from the official release date of the product). For the application of the guarantee, the User must follow the instructions appearing on the Website.
The purchase invoice thus justifying the origin of the Product is mandatory in order to benefit from the commercial warranty of the Products.

9. Intellectual property
All elements of the Seller's site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
Thus, none of the documents from this site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents on a computer for personal and non-commercial use only, provided that you have not changed the information and that all copyrights and other proprietary notices are kept intact. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property rights of the Seller.
The User who has a personal website and who wishes to place, for personal use, on his site a simple link directing to the home page of the site, must necessarily request authorization from the New Walkings company. It will in no case be an implicit affiliation agreement. On the other hand, any hypertext link referring to our Website and using the technique of “framing” or “in-line linking” is strictly prohibited. In all cases, any link must be removed at the request of New Walkings. The brands, logos, designs and models appearing on this site are the exclusive property of the Seller. Their disclosure can in no way be interpreted as granting any license or right to use any of the said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting.

10. Recovery of electrical waste
In accordance with the laws in force, New Walkings recycles old devices by allowing the User to exchange, during his purchase, between the old and the new device.
The computerized registers, kept in the computer systems of New Walkings and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

11. Duration
These conditions apply throughout the duration of the online services offered by the Seller.
PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS.
The computerized registers, kept in the computer systems of the Vendors and their partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The contracts concluded on our website are archived for a period of 10 years. Data relating to banking transactions are archived for 45 days after the order date. The User can find and download the invoices for his various orders at any time in the "My account" section. APPLICABLE LAW AND COMPETENCE
These conditions are subject to French law. The competent court in the event of a dispute will be that of the place of domicile of New Walkings, namely the commercial court of Lille.

13. Delay and default of payment
In the event that the customer fails to pay any amount due to New Walkings, we reserve the right, with or without notice, to suspend any delivery to the customer until the customer has paid the or amounts due.
In the event of late payment, the penalties will be calculated on the basis of 3 times the legal interest rate.
A lump sum legal indemnity of 40 € for recovery costs will be applied in addition to late penalties.

14. Mediation
The consumer has the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other method of dispute resolution.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The chosen mediation entity 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 to CNPM - MEDIATION - CONSUMPTION - 27 avenue de la libération - 42400 Saint-Chamond.