Terms and Conditions

Last updated : Feb 1st, 2024

Introduction

These General Terms and Conditions of more4motion.eu apply each time you use or place an order through our Website and contain important information about you as a buyer. Therefore, you should read them carefully. We also recommend saving and printing them so you can review them later.

ARTICLE 1. DEFINITIONS

1.1 More4motion.eu: a company headquartered in Paris (France) and registered with the Chamber of Commerce under the name SAS D2C RCS NANTERRE 948 934 443.

1.2 Website: the more4motion.eu website, accessible via https://www.more4motion.eu/ and all associated sub-domains.

1.3 Client: the natural or legal person, acting within the scope of their commercial, professional, or other activity, who enters into a Contract with more4motion.eu and/or who has registered on the Website.

1.4 Contract: any agreement or arrangement between more4motion.eu and the Client, of which the General Terms and Conditions form an integral part.

1.5 General Terms and Conditions: these general terms and conditions.

ARTICLE 2. SCOPE OF THE GENERAL TERMS AND CONDITIONS

2.1 These General Terms and Conditions apply to all offers, Contracts, and supplies made by more4motion.eu, unless otherwise expressly agreed in writing.

2.2 If the Client includes terms or conditions in their order, confirmation, or acceptance that differ from or are not included in the General Terms and Conditions, they will only bind more4motion.eu if and to the extent that more4motion.eu has expressly accepted them in writing.

2.3 In cases where, in addition to these General Terms and Conditions, specific product or service conditions apply, they will also be applicable. The Client may always invoke the most favorable applicable condition in their case if inconsistencies or contradictions between the conditions arise.

ARTICLE 3. PRICES AND INFORMATION

3.1 All prices stated on the Website and in other documents issued by more4motion.eu include VAT and other government levies, unless otherwise indicated on the Website.

3.2 If shipping fees are charged, they will be clearly indicated before the conclusion of the Contract. Additionally, these costs will be specified separately during the ordering process.

3.3 The content of the Website has been compiled with the greatest possible care. However, more4motion.eu cannot guarantee that all information provided is correct and complete at all times. In the event of obvious programming or input errors, the offer will be considered invalid, and furthermore, acceptance of such offer will not constitute a Contract concluded with more4motion.eu.

3.4 More4motion.eu cannot be held responsible for (color) variations due to screen quality.

ARTICLE 4. CONCLUSION OF THE CONTRACT

4.1 The Contract shall be deemed concluded at the moment the Client accepts more4motion.eu's offer and fulfills the conditions defined by more4motion.eu in this context.

4.2 If the Client has accepted the offer electronically, more4motion.eu will immediately confirm receipt of the acceptance of the offer electronically as well. The Client may terminate the Contract until the receipt of this acceptance has been confirmed.

4.3 If it appears that the Client has provided incorrect information when accepting the offer or concluding the Contract, more4motion.eu reserves the right to suspend the performance of its obligation until the correct information has been received.

4.4 Within the parameters defined by law, more4motion.eu may investigate whether the Client is able to meet its payment obligations, as well as the facts and factors that are important for responsibly concluding the Contract. If, as a result of this investigation, more4motion.eu has good reasons not to conclude the Contract, it shall have the right to refuse an order or request, justify its motivations, or set conditions for the execution of an order, such as, for example, advance payment.

ARTICLE 5. PERFORMANCE OF THE CONTRACT

5.1 More4motion.eu will dispatch products from an order received by the Client as soon as possible, in accordance with the provisions of paragraph 3 of this article.

5.2 More4motion.eu has the right to engage third parties to fulfill its obligations under the Contract.

5.3 Before the conclusion of the Contract, information will be displayed on the Website clearly describing the manner and conditions of product delivery. If no delivery time has been agreed or stated, the products will be delivered within 30 days at the latest.

5.4 If more4motion.eu is unable to deliver the products within the agreed time frame, it will inform the Client who may decide to accept a new delivery date or terminate the Contract without incurring any costs.

5.5 More4motion.eu recommends that the Client inspect the products upon receipt and report any defects within a reasonable period, preferably in writing. For more details, refer to the article on warranty and conformity.

5.6 Risks related to the products shall be assumed by the Client upon delivery to the agreed address but may be assumed at an earlier stage if the parties have expressly agreed. If the Client decides to collect the products, the risks shall be assumed by the Client upon collection of the products.

5.7 If the ordered product can no longer be supplied, more4motion.eu reserves the right to deliver a product of comparable nature and quality to the ordered product. In this case, the Client shall have the right to terminate the Contract without incurring any costs and to return the product free of charge.

ARTICLE 6. RIGHT OF WITHDRAWAL / RETURN

6.1 This article applies only if the Client is a natural person acting outside the scope of their professional or commercial activity. Commercial clients do not have the right of withdrawal. The Client has the right to terminate the distance Contract concluded with more4motion.eu within 14 calendar days following receipt of the product, without incurring any costs and without having to provide a reason. This period shall commence on the day following the day on which the Client or a third party – other than the carrier – designated by the Client, receives the product, or:

• if the Client's order concerned multiple products: the day on which the Client, or a third party designated by the Client, receives the last product;

• if the delivery of a product consists of multiple shipments or pieces: the day on which the Client or a third party designated by the Client receives the last shipment or piece;

• in the case of Contracts involving regular deliveries of products over a specified period: the day on which the Client, or a third party designated by the Client, receives the first product.

This is a right of withdrawal and not a satisfaction guarantee. The product must not have been used.

6.2 Only direct costs incurred for the return shipment will be payable by the Client. Therefore, the Client shall bear the return costs of the product. The Client shall arrange and pay for the return shipment of the product, ensuring its new condition.

6.3 During the withdrawal period specified in paragraph 1, the Client shall handle the product and its packaging with the utmost care. The Client shall only unpack or use the product if necessary to determine the nature of the products, their characteristics, and their operation. The principle in this context is that this inspection shall not go beyond what the Client could do in a physical store.

6.4 Returns shall be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their resale as new, and, if possible, accompanied by a copy of the purchase invoice for optimized management. In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of the product, your liability may be engaged. Any opened product that has been used and shows signs of wear, scratches, or has been registered on the Segway-Ninebot App for vehicles cannot be returned.

6.5 The Client may terminate the Contract during the period specified in paragraph 1 of this article by sending or electronically submitting the withdrawal form to more4motion.eu, or otherwise by unambiguously notifying more4motion.eu of the cancellation of the order. In the case of digital notification, more4motion.eu will confirm the receipt of this notification. After termination, the Client shall have a period of 14 days to return the product. Alternatively, the product may be returned immediately within the reflection period specified in paragraph 1 of this article, provided that the withdrawal form or any other unambiguous withdrawal notification is included.

6.6 Amounts already paid or prepaid by the Client will be refunded to the Client as soon as possible, but in any case within 14 days following the termination of the Contract, using the same method used by the Client to make the payment for the order. If the Client opted for a more expensive delivery method than the cheaper standard delivery, more4motion.eu shall not be obliged to refund the additional costs. Unless more4motion.eu offers to collect the product itself, it may withhold the refund until it has received the product or until the Client has demonstrated that they have returned the product, with the earlier of the two dates being retained.

ARTICLE 7. PAYMENT

7.1 The Client must pay the amounts due to more4motion.eu using the payment methods specified in the ordering process and on the Website. More4motion.eu is free to offer any payment method of its choice and may change these methods at any time. In case of payment after delivery, the Client will have a period of 14 days from the day after delivery to make their payment.

7.2 If the Client fails to meet their payment obligation or fulfill their commitments on time and, after being informed by more4motion.eu that the payment is overdue and having been given a period of 14 days to fulfill their payment obligations, they still fail to make the payment within this 14-day period, they shall be liable for interest at the legal rate on the outstanding amount, and more4motion.eu shall be entitled to pass on to the Client the extrajudicial collection costs it has incurred. These collection costs shall not exceed 15% of the outstanding amounts up to 2,500 euros; 10% on the next 2,500 euros, and 5% on the next 5,000 euros, with a minimum of 40 euros. More4motion.eu may deviate from the aforementioned amounts and percentages in favor of the Client.

ARTICLE 8. WARRANTY AND CONFORMITY

8.1 This article applies only if the Client is a natural person acting outside the scope of their professional or commercial activity.

8.2 More4motion.eu will ensure that the products comply with the Contract, the specifications set out in the offer, reasonable requirements of soundness and/or functionality, as well as the legal provisions and/or government regulations in force at the date of conclusion of the Contract.

8.3 Warranties offered by more4motion.eu, the manufacturer, or the importer shall not affect the legal rights and claims that the Client has and may invoke under the Contract.

8.4 If the delivered product does not comply with the Contract, the Client must notify more4motion.eu within a reasonable time of discovering the defects.

8.5 If more4motion.eu deems the complaint valid, the affected products will be repaired, replaced, or refunded by mutual agreement with the Client. The refund shall not exceed the price paid for the product by the Client, subject to the provisions set out in the article on liability.

ARTICLE 9. COMPLAINTS HANDLING PROCEDURE

9.1 If the Client has grievances related to a product (in accordance with the article on warranty and conformity) and/or other aspects of more4motion.eu's services, they may file a complaint by telephone, email, or post. The Client may use the form provided at the bottom of this page.

9.2 More4motion.eu will respond to the complaint as soon as possible and, in any case, within 14 days following its receipt. If more4motion.eu cannot provide a substantive response to the complaint at that time, it will confirm receipt of the complaint within 14 days after receiving it and indicate the date by which it expects to be able to provide a substantive or final response.

9.3 Clients not acting within the scope of a professional or commercial activity may also file a complaint on the European Online Dispute Resolution platform, which they can access via https://webgate.ec.europa.eu/odr/.

ARTICLE 10. LIABILITY

10.1 This article applies only if the Client is a natural person acting outside the scope of their professional or commercial activity.

10.2 The total liability of more4motion.eu towards the Client for any failure to perform the Contract is limited to compensation not exceeding the amount of the price paid by the Client under this Contract (VAT included), with a maximum of 500 euros (VAT included).

10.3 More4motion.eu shall not be liable to the Client for indirect losses, in any case, including, but not limited to, consequential damages, loss of profits, missed savings, loss of data, and losses due to business interruption.

10.4 Except as stated in the two preceding paragraphs of this article, more4motion.eu shall not be required to pay the Client any compensation, regardless of the reasons on which a claim for compensation might be based. However, the liability limitations stated in this article shall cease to apply if and to the extent that any loss is the result of intent or deliberate recklessness on the part of more4motion.eu, or in case of losses due to death or physical injury.

10.5 More4motion.eu shall only be liable for a failure to perform the Contract towards the Client if the latter promptly provides more4motion.eu with written notice of the default, specifying a reasonable period for remedying it, and if more4motion.eu still fails to fulfill its obligations after the expiry of that period. The notice of default must describe the defect as comprehensively as possible to enable more4motion.eu to provide an adequate response.

10.6 Any right to claim compensation shall at all times be subject to the condition that the Client has given written notice to more4motion.eu of the defect within 14 days of its occurrence.

10.7 In case of force majeure, more4motion.eu shall in no event be liable to compensate the Client for any loss suffered by the latter as a result. Events considered force majeure shall in any case include Internet or telecommunications infrastructure breakdowns or interruptions, power outages, civil disturbances, mobilization, war, transport interruptions, strikes, lockouts, business interruptions, delivery delays, fires, floods, and import and export restrictions.

ARTICLE 11. RETENTION OF TITLE

11.1 More4motion.eu shall retain ownership of all goods delivered until the Client has fully paid the agreed amount.

ARTICLE 12. PERSONAL DATA

12.1 More4motion.eu shall process the Client's personal data in accordance with the privacy statement and cookie use published on the Website.

ARTICLE 13. FINAL PROVISIONS

13.1 This Contract is governed by French law. If the Client is a natural person acting outside the course of their professional or commercial activity, this choice of applicable law shall not affect the protection the Client enjoys under mandatory law of their place of residence.

13.2 Insofar as mandatory law does not prescribe otherwise, any disputes arising from the Contract shall be submitted to the competent court in the district where the registered office of more4motion.eu is located.

13.3 The invalidity or unenforceability of any provision of these General Conditions shall not affect the validity of the General Conditions as a whole. In such case, the parties shall replace such provision with one or more new provisions that reflect as closely as possible the purpose of the original provision in accordance with the law.

13.4 The term "in writing" in these General Conditions also refers to communication by email and fax, provided that the identity of the sender and the integrity of the electronic message have been sufficiently established.