Presentation

https://dualtron-shop.com/ domain name and website are the property of TECOWHEEL SAS, a company registered in Paris “RCS”, under the number 88272215000027 (SIRET) – VAT code: FR17882722150 – headquarters address : 5 avenue Ingres 75016 Paris.

For a simplification purpose, https://dualtron-shop.com/ will be refered to as DUALTRON-SHOP or “our website”.

For a simplification purpose, TECOWHEEL SAS may be refered to as “us” or “our company”.

The present General Terms and Conditions of Sale shall govern remote and store orders, in all forms, for the supply of products and services offered by DUALTRON-SHOP, a property of TECOWHEEL SAS.

The present General Terms and Conditions appear expressly on DUALTRON-SHOP. These Terms & Conditions constitute the only agreement between the Parties relating to the subject matter of the order and shall prevail over any other document. Any Order shall imply the unreserved acceptance of these Terms and Conditions.

The present General Terms & Conditions are originally written in English and auto-translated to the other languages available on DUALTRON-SHOP. In case an ambiguity arises, the English version of the present General Terms & Conditions has absolute priority in form and meaning.

Definition

Customer: Any individual customer as well as any other customer.

The customer has the possibility to place an order online on DUALTRON-SHOP. The order can only be registered on DUALTRON-SHOP if the customer has clearly identified himself :

  • For customers with an existing account, by entering their e-mail addresses and password, which are strictly personal.
  • For customers that do not possess an account, the customer has the possibility to create one during the order process or by using the registration form.

Any order is worth acceptance of :

  • The prices and the descriptions of the products and services available on DUALTRON-SHOP.
  • The present General Terms & Conditions.

Article 1: Products destination

The integrality of our motorised products are solely destined for private usage on private terrains/ways in the whole territory of the EU and in the territory of any other country outside the EU. Exceptionally, when lawfully possible and in full compliance with local laws and regulations, the customer may use our motorised products on public infrastructure/ways/terrains.

The integrality of our motorised products are to be only used in strict accordance with local laws and regulations.

The customer accepts that any usage of the products and services offered by DUALTRON-SHOP, and particularly its motorised products, is done at their own volition and the customer is the sole responsible for compliance with local laws.

DUALTRON-SHOP makes no representations that the products and services offered are appropriate or available for use in any location.

Article 2: Prices

The prices appearing on DUALTRON-SHOP are expressed in euros (€) and do not include shipping costs. Prices can be modified at any time and without notice.

During the checkout process, transportation cost may be added.

The transportation cost is calculated automatically taking into account :

  • The nature of the ordered articles.
  • The destination of the order (delivery address).
  • The selected shipping method.

Certain products and services may benefit from a “Free shipping” offer. Where applicable, this is clearly mentioned during the ordering process, on the order summary and on the Customer’s purchase invoice.

All orders will be invoiced :

  • Inclusive of all taxes (VAT included) for the EU zone (at the exclusion of French DOM-TOM territories). The applied VAT rate will be determined by the delivery address. DUALTRON-SHOP applies the VAT rate of the country where the goods are delivered (1)
  • Exclusive of taxes (VAT excluded) for non-EU areas and French DOM-TOM territories (2)

(2) For orders outside the EU (+French DOM-TOM territories), custom taxes, charges and duties may be due to the local administrations/authorities of the customer’s destination country.

The prices charged are those applied at the time of the order within the limits of available stocks and subject to typographical errors or modification of the EU VAT rates. Any change in those rates would then be immediately reflected in the selling prices.

For EU cross border sales to professional customers, we may issue a Pro-forma invoice without VAT and charge the customer without VAT. This is only possible if the professional customer provides us with a valid VAT number.

Article 3: Orders

1. Operation

To validate an order, the customer must first identify herself/himself, either by connecting to an existing account or by creating a new one during the checkout process.

For each order, on DUALTRON-SHOP checkout page, the customer provides her/his surnames, first names, telephone numbers, e-mail address and billing and delivery addresses :

  • New customers fill the checkout form which data will be saved in their newly created accounts in order to facilitate futur purchases.
  • Returning logged-in customers data is pre-filled in the checkout form.

During the checkout process, the customer chooses a shipping method (Article.5) and one of our proposed payment methods (Article.4).

By clicking on the payment button, the customer definitively validates the order and agrees without reserve to our General Terms & Conditions.

Starting from this moment, the order is recorded on DUALTRON-SHOP’s database, and an order reference is communicated to the customer :

  • In the order’s summary page
  • By email in the order confirmation email.

The data recorded by DUALTRON-SHOP in its server system constitute the proof of the nature, content, and date of the order.

Once the order is registered, the customer can locate and consult it on her/his personal account, section “My Orders”.

2. Modifications of order

For any modification or cancellation of a registered order, the customer is invited to get in touch with our customers service department via our commercial contact form.

Orders can’t be modified or canceled after the products constituting the said order have been shipped.

DUALTRON-SHOP reserves the right to refuse an order’s modification or cancellation request for :

  • Customized products.
  • Out of catalog products.
  • Products supplied on demand.

In the cases specified above, DUALTRON-SHOP may still accept to cancel or modify the order with a penalty of up to 25% of the total amount of the order including all taxes. The penalty is deducted from the amount refunded to the customer.

3. Invoicing

DUALTRON-SHOP provides the customer with a purchase invoice for each completed and fully paid order.

The purchase invoice is sent to the customer by electronic means to the email address registered on her/his account.

The purchase invoice is nominative, it is the only acceptable proof of purchase and is only valid if presented by the buyer in person and accompanied by a valid identity document (ID card or passport).

4. Purchases as a professional

DUALTRON-SHOP does not cover in any case the prejudice suffered by a company that has purchased one or more of its services or products and which, following a breakdown or a delay in delivery or any other impacting event of any nature, is negatively affected in its activity or its turnover.

5. Transaction security

In order to secure the payment transactions carried out on DUALTRON-SHOP and in order to prevent online fraud, the customer’s payment method data and the customer’s data are transmitted to our payment processing partners (Stripe, Paypel, Alma…) and automatically analyzed by those partners.

In case an alert of any nature is raised by our payment partners (suspicion of fraud, additional informations required…), DUALTRON-SHOP reserves the right to :

  • Request additional informations or documents from the customer (identity proof, proof of income, proof of rightful ownership of the payment method, proof of address…).
  • Cancelling the order should the customer fail to provide sufficient proof to dispel the suspicion of fraud.

DUALTRON-SHOP reserves the right to take any reasonable action dedicated to prevent and fight online fraud when justified and necessary.

Article 4: Methods of payment

DUALTRON-SHOP only accepts the methods of payment stipulated in the present article (Article 4).

1. Credit Card (CB, Visa, Amex, Mastercard, UnionPay…)

The validation of the order by credit card is worth the mandate to pay the total amount of the order all taxes included.

For payments by credit card, the customer fills in her/his bank card details directly on our website’s checkout page :

  • Card number.
  • Bank card expiration date.
  • CCV.

The payment and bank card data are processed by our Stripe payment partner (https://stripe.com/).

Stripe provides our customers with the 3D Strong Authentication protocol in order to reinforce the security and safety of their transactions on DUALTRON-SHOP. During the payment process, the customer receives an SMS/Bank-App notification with an authentication code necessary to complete the transaction.

The 3D secure authentication is mandatory in order to complete the payment and validate the order.

At the end of each successful transaction, a payment certificate is issued by our payment partner to the customer by dematerialised means. It is up to the customer to keep/archive this certificate as proof of the carried out transaction.

2. Bank Transfer

The customer can pay for the order by bank transfer using the SEPA or SWIFT protocols.

To pay by bank transfer, the customer chooses the “Bank Transfer” payment method on DUALTRON-SHOP’s checkout page and validates the order.

Once the order is passed, our company’s bank details are communicated to the customer :

  • On the order’s summary page.
  • In the order’s confirmation email.

The customer manually transfers the amount of the order all taxes included by using the SEPA or SWIFT bank transfer function of her/his bank account.

The processing of the order by us only starts upon reception of the funds by us and never before.

If the funds are not received by us within seven working days starting from the order’s registeration date/time, the order is automatically canceled.

3. Apple/Google Pay

4. Alma (split payments)

Some orders may be eligible to payment by instalments via our Alma payment partner.

For orders paid via Alma, the customer is redirected for the payment on Alma’s website via SSL encryption protocol.

In order to gain access to Alma’s split payments service and payment method, the customer needs to accept Alma’s General Terms & Conditions and comply with any of Alma’s requirements.

Alma processes the payment in the following fashion :

  • The first monthly payment is taken as soon as the order is validated.
  • The remaining installments are debited by Alma from the customer’s bank account every following month according to the schedule communicated by Alma to the customer during the payment process.

Choosing Alma induces the payment of a commission that is expressed as a percentage of the total amount of the order including all taxes. The amount of this commission is :

  • Communicated to the customer by Alma during the payment process.
  • The most often paid by the customer to Alma with the first monthly payment.

5. Commissions

DUALTRON-SHOP reserves the right to charge the customer a commission related to the chosen payment method.

This potential commission shall be expressed as a % of the total amount of the order including all taxes.

The commission’s amount shall be clearly communicated to the customer during the checkout process.

DUALTRON-SHOP does not charge any commission for customers that choose Alma as payment method in order to avoid double commissioning.

Article 5: Transport

1. Modes of delivery

Delivery is made exclusively to the address specified by the customer when placing the order (delivery address section on the checkout page).

Once the order is passed/validated, the customer can request a modification of the delivery address prior to the effective shipment of the goods but DUALTRON-SHOP reserves the right to refuse any modification request at any given time.

During the checkout process, the customer has the possibility of choosing a shipping provider but DUALTRON-SHOP is not binded by that choice. DUALTRON-SHOP may choose to ship the order with a transporter different than the one chosen by the customer during the checkout process.

Delivery is carried out by our transport service providers :

  • Colissimo/Chronopost
  • UPS
  • DHL
  • FedEx
  • GLS
  • Any other transporter chosen by DUALTRON-SHOP for the delivery

Delivery can only be carried out once the order has been validated and payment has been made in full.

An order can, in rare cases, be cancelled and fully refunded if, for any reason, we are unable to carry out the shipment. If an order is cancelled by us, the customer cannot ask for any compensation of any sort. The limit of our company’s liability is the full refund of the sums paid by the customer.

In the case of exports outside the European Union and to French DOM-TOM territories, DUALTRON-SHOP is only responsible for the package(s) until arrival in the country of destination. As soon as the package(s) reaches the border of the order’s delivery country, the customer is the only responsible for :

  • Anything related to the package(s).
  • All customs clearance procedures.
  • The security of the package(s).
  • Any additional costs related to :
    • Customs clearance.
    • Payment of taxes, fees and duties.
    • Guarding of the package(s).
    • Loss/destruction of the package(s).
    • Failure of the customs clearance procedure and thus the return of the package(s) to us/to the sender. The customer will bear the incurred costs.

If the successful delivery of the order is prevented/made impossible by any mistake/ommission engaging the customer’s responsibility, the customer will bear all incurred costs (return transport…). Some examples below :

  • Wrong delivery address provided to us by the customer.
  • The customer refuses the package even when the package(s) is/are delivered in good condition.
  • A prolonged absence of the customer from the delivery address.
  • Failure of the customs clearance procedure.
  • Any other reason engaging the customer’s responsability.

2. Delivery time

As soon as the customer’s order is validated, DUALTRON-SHOP makes every reasonable effort to start the shipment as soon as possible :

  • In stock products are shipped on a 10 business days notice.
  • Products marked on “back-order” | “pre-order” and products supplied on demand are shipped when available. The customer can request from us an estimation of the waiting time by using our commercial contact form.

Once the order is shipped, the shipping time may vary depending on elements and criterias outside the scope of responsibility of our company. Our company cannot be held responsible for a transport delay or its direct consequences.

The customer can only request a full refund if :

  • The transport delay is superior to 15 calendar days for orders with a delivery in the EU.
  • The transport delay is superior to 45 calendar days for orders with a delivery outside the EU or in French DOM-TOM territories.

The effective refund is only made by DUALTRON-SHOP only once the transporter confirms the return of the package(s) to the sender.

In any case, our company’s limit of liability is the full refund of the sums paid by the customer, no additional compensation for late delivery can be claimed.

3. Reception of the order

When the carrier presents the parcel(s), the customer should be present at the delivery address to allow a delivery under the best possible conditions. Delivery to the floors is not guaranteed and is subject to the driver’s good will.

Upon receipt of the goods, the customer, in presence of the carrier (whoever it may be), must immediately check :

  • The condition of the package(s)
  • The content of the package(s)
  • The condition of the content of the package(s)

In case an anomaly arises during the above inspection :

  • Damaged package(s)
  • Damaged product(s)
  • Missing product(s)
  • Anything deemed of interest by the customer

The customer must immediately :

  • Express detailed reservations on the delivery slip/note (1)
  • Take photos and videos of the anomalies (2)
  • Communicate a copy of (1) and the elements in (2) within three business days by email to DUALTRON-SHOP (contact@dualtron-shop.com).

By signing without reserve the delivery slip/note or by being absent from the delivery address, the customer accepts the products delivered in the state they are in. No claim for damage or missing products will be accepted by DUALTRON SHOP.

It is the full responsibility of the customer to carry out all necessary checks in presence of the carrier and when necessary to make all detailed reservations.

Article 6: Right of withdrawal

1. Method of exercising the right of withdrawal

From the date of delivery of the order, if the customer is a private individual, he has a period of 14 clear days to notify DUALTRON-SHOP of his wish to withdraw by filling out the withdrawal form on its website. Our team will communicate to the customer upon reception of this form and after verification of the elements transmitted a return number to be attached to the return package.

DUALTRON-SHOP will organize with its partner carriers the return of the contents of the order, at the expense of the customer. The amount of the return costs will be deducted from the amount of the refund of the order.

If the customer wishes it, the latter can take care of the return transport procedures independently and pay the return costs on his side; in this precise case, we will refund the totality of the amount including all taxes paid for the order, except for the shipping costs initially paid for the shipment from DUALTRON-SHOP’s warehouses to the customer’s delivery address.

In the case of a cash refund of your order paid with a specific commission/overcharge/interest to the means of payment used (Paypal, Split payments…), DUALTRON-SHOP shall not refund the said commission/overcharge/interest.

In the event of disagreement on the terms of withdrawal, the consumer may contact the Mediator of the French Republic, 7 rue Saint-Florentin, 75008 Paris, telephone: 09 69 39 00 00.

2. Restrictions on the right of withdrawal

The right of withdrawal does not apply:

  • Consumables and spare parts as soon as their packaging is unsealed.
  • To products supplied to order or marked as such.
  • To special orders (references outside the catalog).
  • Incomplete or damaged products.
  • Motorised vehicles having traveled more than 50m (we tolerate the first 50m, sufficient to test that the product is functioning correctly).
  • Products with visible traces of use, worn or dirty.

If in the cases mentioned above, despite everything, the buyer wishes to withdraw from the contract of sale, a cancellation fee will be charged. Cancellation fees are set at 20% of the total amount including the VAT of the order and will be retained by DUALTRON-SHOP on the amount to be refunded to the customer.

Article 7: Warranty and after-sales service

1. Scope of the guarantee

All products sold on DUALTRON-SHOP.com are guaranteed:

  • 2 years on the electronic components and motors (controllers, display cards, motors…).
  • The battery is guaranteed 1 year, except in the cases of oxidation and deep discharge; the oxidation and deep discharge constitute cases of exclusion of guarantee.
  • during 3000 km mileage

Second hand or demo products are sold with a shorter warranty period, which is specified on the customer’s purchase invoice.

The warranty does not cover damage resulting from accidents, improper use of the products, assembly/disassembly errors, negligence in the maintenance of the products or modifications of any kind to the products. Any equipment disassembled without our agreement, modified or not properly maintained by the customer will lose its right to the warranty. Any product showing traces of shock or overheating will lose its right to the guarantee.

Moreover, any operation undertaken by the customer on the products without the agreement of DUALTRON-SHOP shall engage its sole responsibility and may generate risks for the safety of goods and persons.

2. Methods of exercising the guarantee

Any return of goods requires our prior agreement and the obtaining of a return number which is issued to the customer by our after-sales team. This return number must be clearly marked on any package returned with the products to be handled by our technical team.

To benefit from the guarantee, the customer is invited to make a request for an after-sales service return via the after-sales service form on our website.

The return of goods is at the customer’s expense and risk. Products returned by the customer without physical protection or poorly protected will not benefit from the guarantee. It is therefore up to the customer to ensure that the product(s) returned during transport are protected and insured.

In the same way, products found to be damaged on arrival, abusively worn or products sent dirty will not be covered by the guarantee.

It is up to the customer to keep the packaging and accessories received with the products as well as any labels affixed to the products or their packaging.

In certain cases, and for certain products in the catalog, the transport costs for after-sales returns are borne by DUALTRON-SHOP. The mention “Free after-sales service returns” is affixed on the web product sheets of the products concerned. This offer is also mentioned on the customer’s purchase invoice.

3. Legal guarantees

In accordance with the Consumer Code, the provisions hereof may not deprive the consumer of the legal guarantees of conformity and hidden defects:

The legal guarantee of conformity (articles L.211-2 to L.212-1 of the Consumer Code – France): The seller is required to deliver a good in conformity with the contract and is liable for any defects of conformity existing at the time of delivery.

The action resulting from the lack of conformity shall be time-barred after 2 years from the delivery of the goods.

The legal guarantee against hidden defects (Art. 1641 to 1649 of the Civil Code): The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

The action resulting from a latent defect must be brought by the purchaser within 2 years from the discovery of the defect.

4. Special features

In accordance with Order 2005-136 of 17 February 2005 and Article R211-4 of the Consumer Code (France), the provisions hereof may not 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 or the service provided. This clause is only applicable in the event of full payment of the order.

DUALTRON-SHOP is not the producer of the products presented, within the meaning of the law n°98-389 of May 19, 1998 relating to the responsibility because of the defective products.

DUALTRON-SHOP takes care to apply the guarantee on any returned product as soon as possible. However, when the repair requires the return of the product to the producer, or the order of a spare part from the producer or its local representative, it cannot be held responsible for any delays due to the producer or its local representative. On the other hand, DUALTRON-SHOP’s after-sales service chooses the carrier in charge of delivering the goods to the customer after the repair.

In case of return of functional equipment, a fixed-price basis for taking care and diagnosis is invoiced to the customer. This base is 99€ TTC, to which are added the shipping costs for the return of the goods to the delivery address of the customer.

Article 8: Reservation of ownership and responsibility

DUALTRON-SHOP retains ownership of the goods until full payment. The transfer of property of the products is made at the time of full payment of the total amount including all taxes of the order made. However, during the period from delivery to the transfer of ownership, the risks of loss, theft or destruction are at the customer’s expense.

The non-fulfillment of the payment obligations by the customer, for whatever reason, gives DUALTRON-SHOP the right to demand the immediate return of the goods delivered at the expense, risk, and peril of the customer.

In case of disagreement with this clause, the consumer may contact the Mediator of the French Republic, 7 rue Saint-Florentin, 75008 Paris, telephone: 09 69 39 00 00.

Article 9: Confidentiality of banking data and security of transactions

The DUALTRON-SHOP.com site undertakes to protect the personal data and privacy of its registered customers.

DUALTRON-SHOP.com site, as well as its payment providers (Stripe, PayPlug, Oney, Paypal…), are the recipients of the personal data relating to the payment of orders. The payment providers are responsible for the automated processing of these data whose purpose is to define the level of risk of a transaction and to fight against bank fraud.

The non-transmission of this data prevents the completion and analysis of your transaction.

In addition, in order to meet fiscal and legal obligations, a paper and computerized copy of each invoice will be kept for 10 years by DUALTRON-SHOP.

Article 10: Attribution of jurisdiction

Contractual information is presented in English then auto translated to French, German, Italian and Spanish. In case an ambiguity arises in the reading or understanding of the present general terms and conditions, the English version of the present general terms & conditions has absolute priority in form and meaning.

The products offered for sale on DUALTRON-SHOP.com comply with French regulations.

For foreign customers (outside of Metropolitan France), it is up to the customer to check with the local authorities the conformity of our products with the legislation in force. DUALTRON-SHOP disclaims any responsibility for questions relating to compliance outside metropolitan France.

The customer accepts that any usage of the products offered by DUALTRON SHOP, and particularly its motorised products, is done at their own volition and the customer is the sole responsible for compliance with local law and regulations.

For professional customers, all disputes relating to the formation, execution, and termination of contractual obligations between the parties that cannot be settled amicably shall be submitted to the jurisdiction of the Commercial Court of Paris, France in whose jurisdiction is located the registered office of the company TECOWHEEL SAS.