Iweech general terms and conditions of reservation

Thank you for booking iweech electric bike. You are close to be the owner of the smartest electric bike in the world.

Booking conditions apply as follows:

Thanks for your booking, you now appear on our waiting list.

Your place on the waiting list is guaranteed as soon as your bike reservation, and the deposit required to reserve your bike has been made. all necessary information’s are available on our website www.iweech.com.

Under no circumstances, your reservation, your range on the waiting list or the payment of your account do constitute a universal agreement between you and iweech. In particular, no sale agreement with regard to any bicycle shall commence before the agreed date In particular, no product sales agreement has occurred before the agreed date. 

Until the final sale between you and iweech:

-You have the right to cancel your reservation at any time by contacting contact@iweech.com. In this case, iweech will refund the full amount paid for the

deposit within 14 working days.

-iweech is under no circumstances forced to sell you a bike. iweech has no further

obligation than those mentioned in this reservation conditions.

Assuming you do not cancel the reservation of your bike by the time the bike you have reserved becomes available, iweech will send you a sale agreement with regard to such bike. As soon as you sign this contract, your booking fees will be deducted from the final price.

In no event, shall iweech pay interest on the booking fee. Your orders and deposits are personal and cannot be transferred to any third party without the prior written consent of iweech.

The terms and conditions of this reservation agreement shall be governed by French Law

*Applicable en cas d'opérations spécifiques proposant la réservation en avance
Iweech general terms and conditions of sale

PREAMBLE

iweech.com is the property of BELLATRIX Corporate, simplified joint stock company, capital 81 076 €, whose Head office is located 584 Chemin de La Bastide du Gendarme 13880 Velaux, registered on the Trade and Companies Register of Salon de Provence under the N°812 707 560. Intracommunity VAT Number FR 47812 707 560. e-mail: contact @iweech.com

GENERAL

This General Term and Conditions of sales govern all offers, sales contracts, deliveries and services based on any orders by our customers through our website www.iweech.com. It includes all orders by telephone, e-mail, fax, or mail. Moreover, all sales during a trade show shall also be governed by these General Terms and Conditions insofar as they do not specifically regard distance selling.

The products in the website are directed to both Consumers and Business Customers. In each case those terms apply only to end users. For the purpose of these General Terms and Conditions, a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity and a "Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.

Bellatrix has the possibility to modify or adapt the General Terms and Conditions at any time. In this case, the applicable General Terms and Conditions are those settled when the order had been recorded.

iweech delivers exclusively in France, Belgium, Germany, UK, Italy, Portugal, Spain, Switzerland, Luxembourg & Netherlands. If you submit a delivery address outside of these countries, iweech reserves the right to decline the order.

This General Terms and Conditions are issued by Bellatrix SAS for iweech

CONCLUSION OF CONTRACT

All our products published in www.iweech.com are non-binding. To be able to place an order, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address. If it comes to iweech's attention that an order is made by a minor, iweech reserves the right to decline the order.

iweech describes in a clear, complete and accurate way the products it sells to customer, as well as the steps of the delivery process.

By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions and of the iweech app's conditions of use and of iweech’s data protection policy, which are available on our website.), the Customer makes a binding offer to purchase the product. Afterward we will send an e-mail to the Customer to confirm the reception of the order, which is not an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance. 

Any Customer who is a Consumer shall be entitled to revoke the offer. He has the possibility to return the product in accordance with our cancellation and return policy. Our return policy is attached to the e-mail confirmation of your order.
If a problem occurs with the bike, we’ll send a cost estimate for repair work right after having received the bike. The Customer has to declare within two weeks after receipt of the requested cost estimate whether he wants to accept or decline our offer. Without any answer, we will provide an appropriate grace period of one week. After the expiration of the grace period, we will assume that the Customer declines our offer and we will in this case return the product and charge the client for the transport costs.

ORDERS

Any order validated by the customer constitutes an irrevocable acceptance of the sales contract, which can only be discussed within the limits stipulated in the GTC. Bellatrix reserves the right to cancel the contract of a customer with whom there is a dispute. The accuracy of the information provided by the customer when ordering commits the latter: in case of error in the information, including the address, the email address and the name of the customer, Bellatrix will not be responsible for the impossibility of delivering the product. Any delivery made to the address indicated by the customer will be considered perfect. In the case of late shipping due to lack of information or error made by the customer, the costs incurred by this experience are billed to the customer.

PRICES

The applicable prices are those in force at the moment of the conclusion of the purchase agreement. All the prices in the website are in Euro and include statutory VAT. Our prices are net of shipping costs. For delivery in non-EU countries prices are in Euro and do not include VAT. The customer himself supports all customs duties and similar charges (depend of his country). The payment of the shipping costs will be charge to confirm the order, unless expressly otherwise specified by us (shipping costs included). The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision. iweech explicitly states in its price offer when it is only valid for a constrained period or is subject to specific conditions other than those set out in these conditions of sale

PAIEMENT

Terms

All the payment is made online during the purchase of the product. You can use different type of payment: credit/debit card, Visa, Mastercard, Amex… wire or direct payment to our bank

The customer ensure that he can use the payment method he has chosen. Bellatrix reserves the right to stop and cancel an order, or delivery, whatever its nature and level of execution, in case of non-payment of the amount that would be due by the customer or in case of payment incident.

Security

Payments made on the website are fully secured. Bank details (credit card number and expiry date) provided by the Customer are in no way transmitted. Thanks to the technical characteristics of the encryption software used on our website, the customer's bank details cannot be intercepted by third parties. By providing bank details, the customer agrees in advance and without any condition that Bellatrix operates the secure payment. The customer therefore authorizes his bank in advance to debit his bank account. The debit authorization of the Customer's account is always given for the number of products purchased as invoiced by Bellatrix.

Fraud Control

Further than the bank controls, Bellatrix control some orders, and could be granted to ask all the documents needed to confirm the order.

DELIVERY

Methods

Bellatrix chosen carriers make all deliveries. The maximum delivery time is 30 days from the confirmation of the order by the customer, unless otherwise specified by the customer before making the order and before its final validation. The delivery time will be confirmed in the order confirmation email sent to the customer. The products are insured until delivery by hand. The customer shall verify the product and notice any damage. Any damage must be reported to the carrier within 24 hours. You will then receive a confirmation of your damage report, which you will have to return to us with a copy of the original invoice and the bike in the original packaging. Otherwise you have the possibility to refuse the product; in this case, the carrier is responsible of the return.

If the product cannot be delivered or if it cannot be delivered on time, we will inform the customer without delay. In case of late delivery, we will agree with the customer a new delivery time. If the product is not available in a short time and therefore prevent any delivery within a reasonable time, we are entitled to resolve the contract of sale. 

The customer can cancel the contract in writing on a durable and substantiating medium if, after having asked our company to proceed with the delivery within a reasonable additional time, we did not execute it within this period. The contract is considered resolved after reception of the document informing us of this resolution, unless we have made delivery in the meantime. In case of contract termination in the aforementioned cases, we refund the customer the sums he has paid, within 14 days. The customer's late delivery rights are not affected by the previous provision, however, the customer cannot claim damages (refer to the conditions set out in the "RESPONSIBILITIES" section).

Shipment and Reception


Upon delivery, the customer is required to sign the delivery note. This delivery note constitutes the proof of receipt of the order. The person who physically receives the order is responsible of indicating on the delivery note, in a comprehensive, specify and detailed manner, all the reserves he express about the product. In case of visible defects, the customer has the right to return the product under the conditions provided below. In case of anomaly, the customer must inform Bellatrix iweech as soon as possible by any means. The customer retains his right to request the application of legal warranties.

TRANSFERT OF RISKS & OWNERSHIP


The risk of disappearance, degradation or accidental loss of delivered goods is transferred to the customer upon physical possession of the goods by the latter or a third party designated by him. Before that, the transport company supports the risk. The transfer of ownership of the products, to the client’s benefits, will be realized only at the moment of the delivery of these products.

RIGHT OF WITHDRAWAL

In accordance with Article L.221-18 of the french Consumer Code, the Customer has a period of fourteen days from the date of receipt of the order to exercise his right of withdrawal, without having to justify his decision, nor any other costs than those provided for in Articles L. 221-23 to L. 221-25. The product must be returned, preferably with acknowledgment of receipt, to the following address: Bellatrix SAS 584 chemin de la bastide du gendarme 13880 Velaux .

He will have to send it to this address within 14 days. Return shipping costs will be the sole responsibility of the Customer. Bellatrix is not responsible for lost returns. The product must arrive in perfect condition for resale, without sign of use, with all its accessories, instruction manual and original packaging. The conformity of this return will be checked and validated upon receipt. Bellatrix will refund the sums paid by the customer, free of charge, with the exception of the cost of return.

To exercise your right to withdrawal, you can fill out the form in annex (or make a similar unequivocal statement) and send it by mail or e-mail as indicated under preamble above. We will send you an acknowledgement of your withdrawal.

LEGAL GUARANTEES

Regardless of the commercial warantee below, we remain bound by the legal guarantee of conformity mentioned in articles L. 211-4 of the French Consumer Code and the legal guarantee involving latent defects defined in article 1641 of the French Civil Code.

Conformity guarantees (extract from the French Consumer Code):

Article L211-4 of the Consumer Code: "The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, mounting guidelines or installation, if the contract mention the consumer responsability or if the product has been carried out under its responsibility ". 

Article L211-5 of the Consumer Code: "To be in conformity with the contract, the product must:

-Be fit for the usual expected use of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or a model ; Present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;

 -Or presenting the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted ". Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good".


Legal guarantee involving latent defects (extract of the French Civil Code):

Article 1641: "The seller is bound by the guarantee for reasons of hidden defects of the thing sold which makes it unsuitable for the use for which it is intended, or which reduce so much such use that the buyer would not have acquired it, or would have given a lower price, had he known it. 

Article 1648: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect". 

It is recalled that, when acting as a legal guarantee of conformity, the customer:

- benefits from a period of two years from delivery of the property to act;

- may choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L211-9 of the Consumer Code;

-is exempted from reporting the proof of the existence of the lack of conformity of the good during the 6 months following the delivery of the good. This period is extended to 24 months from March 18, 2016, except for second-hand goods. 

The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted. The customer can therefore decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code.

In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code. If the supplied goods have a lack of conformity, the customer may demand the elimination of the defect by the repair of the product, or by the delivery of a free of defect goods . We may refuse the choice of the customer if this choice has a cost that is disproportionate with regard to the other modality, given the value of the property or the size of the defect. We have then the obligation to proceed, except impossibility, to the modality not chosen by the customer. If the repair and replacement are impossible, the customer can return the goods and get the price back or keep the goods and get a part of the price back. The same faculty is open to him if:

-The solution requested, proposed or agreed in accordance with the paragraph COMMERCIAL WARRANTY cannot be implemented within one month of the complaint of the customer.

-This solution cannot be chosen without major inconvenience for him, taking into account the nature of the goods and the use that it seeks. 

The cancellation of the sale cannot however be pronounced if the lack of conformity is minor. In addition, the specific provisions of the LIABILITIES section of these general conditions apply to claims for damages made by the customer.

COMMERCIAL WARRANTY


In addition to the legal guarantees, we provide our customers a 3-year commercial warranty from the date of delivery for all models. This warranty covers frames, forks, and stems of all models, excluding bearings, calipers and levers, pedals, fenders, luggage rack, lighting, leather and textile items (handles and saddle), tires, wheels, belt and paint or anodizing damage.

We are able to offer our customers spare parts necessary for the use of our products, at least until the expiry of the legal guaranty period. However, we reserve the right, in the event of unavailability during this period, to offer equivalent or superior spare parts.

Without affecting the rights of the customer arising from the legal warranty, the following additional terms apply to the commercial warranty we grant:

-The commercial warranty does not apply to defects caused by improper or inappropriate use by reference to the conditions of use presented on our website for the product concerned, such as: Product negligence (inadequate maintenance), Modifications of the frame or the fork (eg engravings or paintings), Addition or transformation of additional components not expressly approved by us, Replacement of the components assembled by us by components of different nature, Fall, Overload, Jumps, Other constraints excessive.

-Our commercial warranty applies only to the first purchaser of the product ("first-hand buyer").

-In accordance with Article L. 211-16 of the Consumer Code, when the customer requests, during the course of the commercial guarantee, which has been granted to him, a restoration covered by the guarantee, a period of immobilization of at least 7 days is added to the duration of the guarantee that remained to run.

DISPUTE AND APPLICABLE LAW

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to the French Law. If the present general conditions of sale are translated into one or more foreign languages, only the French text will prevail in the event of dispute. This provision shall not, however, preclude the application of the mandatory protective provisions of the consumer provided for by the French Law which cannot be derogated from by agreement. If the customer would have complaints concerning iweech's products, he should not hesitate to contact Bellatrix/iweech as indicated under preamble section above.

In case of difficulties in the application of the GTC, the customer has the possibility, before any mediation and any legal action, to seek an amicable resolution with the help of a professional association, an association of the European Online Dispute Resolution Service (https://ec.europa.eu/consumers/odr) or any other organisation of his choice. In the absence of an amicable resolution, the Client can ask for free the help of the mediator Medicys (73 boulevard de Clichy, 75009 Paris, website https://www.medicys.fr/). It is recalled that as a general rule, and subject to the discretion of the Courts, compliance with the provisions of the GTC relating to the contractual guarantee assumes that the customer honors its financial commitments to Bellatrix. Any dispute that cannot be resolved amicably, will be handled by the courts of the place where Bellatrix SAS remained at the time of the conclusion of the contract.

 

LIABILITY

Bellatrix assumes the responsibility towards the customer concerning the products sold, in accordance with the current regulation. The responsibility of Bellatrix cannot be questioned for minor variations that could have persisted despite all the precautions taken in the representation of the products. We assume no liability (for any reason) for damages due to a customer action (including improper use of the goods by the customer), or unpredictable and insurmountable fact of a person who is not a party of the contract or in a case of force majeure. The liability does not apply in case of theft or serious negligence of the customer or a person who is not party of the contract. If Bellatrix is unable to fulfil any of its obligations towards the Client due to force majeure, these obligations shall be suspended during the force majeure situation. Events of force majeure are all circumstances external to iweech's will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others: strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the web shop, late delivery or absence of delivery by suppliers or other third parties. Claims for damages from the customer due to apparent defects in the goods delivered are excluded if the latter does not notify us of the defect within two weeks after delivery.

To the extent permitted by applicable law, we are not liable for any harm resulting from our products, unless in the case of intentional fault. Our liability is in any case excluded for indirect damages such as damages resulting from an accident, loss of income, loss of productivity and loss of data, or for moral damages such as reputational damage. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault. Despite the foregoing provisions, if iweech is found liable for a given damage, iweech’s liability is, in any case, limited to the price you have paid for the iweech products concerned or to the sums effectively paid to iweech by its insurance for the indemnification of the damage concerned, whichever is higher.

PRIVACY - PROTECTION OF PERSONAL DATA 

These General Terms are subject to the provisions of European regulation 2016/679 of 2016 April, 27th on the protection of individuals with regard to the processing of personal data and the free flow of such data, as well as those of Law No. 78-17 of 1978 January, 6th relating to computers, files and freedoms and any other applicable regulations in the matter that would complement or replace them later. The law n ° 2018-493 of June 20th, 2018 relative to the protection of the personal data brings many modifications to the article 11 of the law n ° 78-17 of January 6th, 1978, and the present GTC are from now on subjected. The personal information and personal data concerning the Customer are necessary for the management of its orders and the commercial relations between Bellatrix and this one. These data are: Name, Address, Phone Number, Email Address, Credit card number, IP Address. In the absence of such information, Bellatrix will not be able to provide its service. This information can be passed on to companies that could take part of these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This GTV are compliant with our Privacy statement available on iweech.com

This information and data are kept by the company for security purposes, in order to comply with legal and regulatory obligations. It can be used by Bellatrix to provide the customer with promotional offers, for statistical and anti-fraud purposes, for the legitimate interest of commercial development, technical improvement of its systems and the knowledge of its customers and finally, where appropriate with the consent of the customer, customization services through advertising. Depending on the choices made during the creation or consultation of his account, the Customer will be likely to receive offers from Bellatrix. The customer has the option to unsubscribe Bellatrix newsletters at any time either by clicking on the link present in all emails or by going to this address contact@iweech.com

Customer evaluations and the customer's alias may be visible to any visitor of the website. The client undertakes to comment and evaluate Bellatrix's services in an objective manner and acknowledges that he is aware of being liable to prosecution, particularly in the case of defamatory, slanderous and / or misleading comments. The customer can also consult and modify his personal data in his customer area. The customer has a right of access, modification, opposition, portability, limitation and suppression of the information concerning him, as well as to define directives concerning the fate of his personal data in the event of death, that he will send by simple mail to Bellatrix/iweech:

BELLATRIX - Customer Service

584 chemin de la bastide of the gendarme

13880 Velaux

Or by email at the following address: contact@iweech.com

The Customer finally has the right to lodge a complaint with a supervisory authority.

INTELLECTUAL PROPERTY


The website www.iweech.com, the entirety of its content and all the elements constituting it are the property of Bellatrix and are creations for which Bellatrix holds the full intellectual property rights and/or exploitation rights, in particular under copyright, database law, trademark law, and design law. The website, as well as software, databases, texts, information, analyzes, images, photographs, graphics, logos, sounds, user contents or any other data present on the website, remain the exclusive property of Bellatrix or the property of their respective holders. The customer can have online access to the data and information present on the site, and may, for strictly private use, print them or save them for a purchase or a purchase project. Any other use of the website, especially commercial, on the part of the customer, is prohibited. It is forbidden in particular to reproduce and/or represent for a use other than private, to sell, distribute, transmit, translate, adapt, diffuse and communicate in any form whatsoever, any element, information, or data from the website. In addition, the Customer is prohibited from introducing, by any means whatsoever, data likely to modify or affect the content or presentation of the website. Any hypertext link to the website must first be expressly authorized by Bellatrix. In addition, any hypertext link even authorized expressly by Bellatrix must be withdrawn at Bellatrix's first request.

FINAL PROVISIONS

If, irrespective of the reason, a provision in this agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.

An omission or a negligence in enforcing a provision of these conditions does not imply a waiver of such provision.

Annex – Model withdrawal form

“MODEL WITHDRAWAL FORM”

(complete and return this form only if you wish to withdraw from the contract) - To Bellatrix SAS 584 chemin de la bastide du gendarme
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date

(*) Delete as appropriate.



Iweech bike terms of use

PREAMBLE

Iweech name is the property of BELLATRIX Corporate, simplified joint stock company, capital 81 076 €, whose Head office is located 584 Chemin de La Bastide du Gendarme 13880 Velaux, registered on the Trade and Companies Register of Salon de Provence under the N°812 707 560. Intracommunity VAT Number FR 47812 707 560. e-mail: contact @iweech.com

Even if iweech does not request the use of the iweech’s mobile application to ride, customer needs iweech mobile application with internet access to register his bike and access to all the services provided by iweech product. Then at one moment, customer will need to download the iweech app (available via the App Store and Google Play) and to activate his personal iweech account. The download and use of the iweech app is free of charge and subject to the iweech app's conditions of use (see section: App terms of use).

The iweech bike uses cookies as indicated in our section privacy statement and they are processed in accordance with our data protection policy.

Customer acknowledge that we may from time to time release updated or upgraded versions of the iweech bike, and may automatically electronically update or upgrade the version of the iweech bike you are using. You consent to such automatic updating or upgrading through the internet, and agree that those terms will apply to all such updates and upgrades.

Customer shall bear the sole and exclusive responsibility for all aspects of his rides, including the compliance with all road, traffic and insurance rules that may apply. These rules may vary in each country. It is your responsibility to assess your compliance in this respect. In France, for example, you must equip your iweech with front, rear and wheel reflectors as well as a bell (all of them provided with your bike) to comply with the traffic code.

In the same time, we highly recommend the use of a helmet to ride and a mechanical padlock to secure your bike.

Customer shall bear his owns costs relating to the use of his iweech bike and app, including any costs relating to his mobile device, internet connection, GPS, reloading of the battery, etc…



Iweech mobile app terms of use

PREAMBLE

iweech App is the property of BELLATRIX Corporate, simplified joint stock company, capital 81 076 €, whose Head office is located 584 Chemin de La Bastide du Gendarme 13880 Velaux, registered on the Trade and Companies Register of Salon de Provence under the N°812 707 560. Intracommunity VAT Number FR 47812 707 560. e-mail: contact @iweech.com

GENERAL

These are the terms of use (TU) for the iweech mobile app accessible via Google play and the App Store.

The iweech app allows you to activate your personal iweech account and register your bike and to access to all services offered by your iweech bike.

By using the iweech app, you agree with these terms of use. If you do not accept some of these terms, then your only remedy is to stop all use of the iweech app.

If you have any question, complaint or suggestion regarding the iweech app, or if you wish to contact us, you can send us a message at contact@iweech.com.

ELIGIBILITY

You are eligible to use the iweech app if you meet the following conditions: you are over 18 years old and not legally incapacitated; you have a valid e-mail address; you have a mobile device with internet access; we have confirmed the activation of your personal iweech account.

Using the iweech app is free but subject to these terms. We may refuse to activate a personal iweech account in our sole discretion and close the personal iweech account of any user who we believe, in our sole discretion, violates theses terms or misuses the iweech app and/or a iweech bike.

ACTIVATION and REGISTRATION

To activate your personal account, you must provide Bellatrix with your e-mail address and password.

To register your iweech bike you must provide, your iweech bike ID (which you received with the delivery of your bike).

Once we have confirmed the activation of your personal account and your bike registration, you can start using your iweech app and bike.

USE OF THE IWEECH APP

The iweech app allows you to:

  • Lock and unlock your iweech bike
  • Access to the smart gauge that allows you to discover on a map, up to where you can maximum ride either with optimum or minimum assistance
  • Search for a destination on the map in order to use the iweech i.ride mode
  • Monitor your speed and the battery level of your iweech bike;
  • Access to component status information of your bike
  • Keep information about your past rides;
  • Track the location of your iweech bike in case of theft;
  • Contact our bike maintenance and reparation service.
  • Manage your account
  • Receive all kinds of alert about your bike

You shall bear your owns costs relating to the use of your iweech bike and app, including any costs relating to your mobile device, internet connection, GPS, reloading of the battery…

PRIVACY - PROTECTION OF PERSONAL DATA

The iweech app uses cookies as indicated in our section privacy statement and they are processed in accordance with our data protection policy.

INTELLECTUAL PROPERTY

If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the iweech app for non-commercial purposes, as described in this document.

The iweech app and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.

You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the iweech app or of the Content, except as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.

CONTENT

iweech may provide links to third party apps/contents/services for information purposes. iweech may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned. You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms. By posting User Contents on the iweech app you grant us a non-exclusive, transferable, sub licensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with iweech and any other of our services and of the services of our affiliated companies; you grant each User of the iweech app a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the iweech app and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section..

LIABILITY

The iweech app is provided on an "as is" basis, without express or implied warranty regarding quality, accuracy, correctness, relevance, merchantability, fitness for a purpose or non-infringement.

We do not explicitly or implicitly make any commitment concerning the iweech app's availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the iweech app's content, including the User Contents and the links to third party apps/contents/services.

To the extent permitted by applicable law, we are not liable for any harm resulting from the (use or inability to use the) iweech app and our products and services, unless in the case of intentional fault.

Our liability is in any case expressly excluded for indirect damages such as (but not limited to) loss of income, loss of productivity, loss of data, viruses, hacking, damages to equipment on which the iweech app is downloaded, lawyers' fees, or for moral damages such as (but not limited to) reputational damage.

The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.

Despite the foregoing provisions, if iweech is found liable for a given damage, iweech's liability is, in any case, limited to the price you have paid for the iweech products concerned or to the sums effectively paid to iweech by its insurance for the indemnification of the damage concerned, whichever is higher.

Force majeure

If iweech is unable to fulfil any of its obligations towards the Client due to force majeure, this obligation shall be suspended during the force majeure situation.

Events of force majeure are all circumstances external to iweech's will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems, late delivery or absence of delivery by suppliers or other third parties.

DISPUTE AND APPLICABLE LAW

These Terms of use are governed by and subject to the French Law. If the present terms of use are translated into one or more foreign languages, only the French text will prevail in the event of dispute. This provision shall not, however, preclude the application of the mandatory protective provisions of the consumer provided for by the French Law which cannot be derogated from by agreement. If the customer would have complaints concerning iweech's products, he should not hesitate to contact Bellatrix as indicated under preamble section above.

In case of difficulties in the application of this TU, the customer has the possibility, before any mediation and any legal action, to seek an amicable resolution with the help of a professional association, an association of the European Online Dispute Resolution Service (https://ec.europa.eu/consumers/odr) or any other organization of his choice. In the absence of an amicable resolution, the Client can ask for free the help of the mediator Medicys (73 boulevard de Clichy, 75009 Paris, website https://www.medicys.fr/). It is recalled that as a general rule, and subject to the discretion of the Courts, compliance with the provisions of the TU relating to the contractual guarantee assumes that the customer honors its financial commitments to Bellatrix. Any dispute that cannot be resolved amicably, will be handled by the courts of the place where Bellatrix SAS remained at the time of the conclusion of the contract.

FINAL PROVISIONS

If, irrespective of the reason, a provision in these terms is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.

We may modify these terms from time to time. We will give you notice of any modifications through your personal iweech account. Use of the app after such notice constitutes acceptance without reservation of the modified terms.

You acknowledge that we may from time to time release updated or upgraded versions of the iweech app, and may automatically electronically update or upgrade the version of the iweech app that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms will apply to all such updates and upgrades.

These terms are without prejudice to your rights pursuant to mandatory law.

An omission or a negligence in enforcing a provision of these terms does not imply a waiver of such provision.

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Iweech web site terms of use

PREAMBLE

iweech.com is the property of BELLATRIX Corporate, simplified joint stock company, capital 81 076 €, whose Head office is located 584 Chemin de La Bastide du Gendarme 13880 Velaux, registered on the Trade and Companies Register of Salon de Provence under the N°812 707 560. Intracommunity VAT Number FR 47812 707 560. e-mail: contact @iweech.com

GENERAL

These are the terms of use (TU) for the iweech web site accessible through iweech.com

We respect your privacy, this website uses cookies as indicated in our cookie policy. Your personal data are processed in accordance with our data protection policy.

By using the iweech web site, you agree with these terms. If you do not accept some of these terms, then your only remedy is to stop all use of the iweech.com.

If you have any question, complaint or suggestion regarding the iweech web site, or if you wish to contact us, you can send us a message at contact@iweech.com.

INTELLECTUAL PROPERTY

If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the iweech app for non-commercial purposes, as described in this document.

The iweech web site and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.

You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the iweech app or of the Content, except as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.

CONTENT

iweech may provide links to third party apps/contents/services for information purposes.

iweech may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned.

You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms.

By posting User Contents on the iweech site you grant us a non-exclusive, transferable, sub licensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with iweech and any other of our services and of the services of our affiliated companies; you grant each User of the iweech site a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the iweech site and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section..

LIABILITY

We do not explicitly or implicitly make any commitment concerning the iweech web site availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the web site’s content, including the User Contents and the links to third party apps/contents/services.

To the extent permitted by applicable law, we are not liable for any harm resulting from the (use or inability to use the) iweech web site and our products and services, unless in the case of intentional fault.

Our liability is in any case expressly excluded for indirect damages such as (but not limited to) loss of income, loss of productivity, loss of data, viruses, hacking, damages to equipment on which the iweech sites is used, lawyers' fees, or for moral damages such as (but not limited to) reputational damage.

The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.

Despite the foregoing provisions, if iweech is found liable for a given damage, iweech's liability is, in any case, limited to 100€.

Force majeure

If iweech is unable to fulfil any of its obligations towards the Client due to force majeure, this obligation shall be suspended during the force majeure situation.

Events of force majeure are all circumstances external to iweech's will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems, late delivery or absence of delivery by suppliers or other third parties.

PRIVACY - PROTECTION OF PERSONAL DATA

The iweech web site uses cookies as indicated in our section privacy statement and they are processed in accordance with our data protection policy.

FINAL PROVISIONS

If, irrespective of the reason, a provision in these terms is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.

We may modify these terms from time to time. We will give you notice of any modifications through your personal iweech account. Use of the app after such notice constitutes acceptance without reservation of the modified terms.

These terms are without prejudice to your rights pursuant to mandatory law.

An omission or a negligence in enforcing a provision of these terms does not imply a waiver of such provision.

These Terms are governed by and subject to the French Law. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these terms, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.

If you do not accept these terms, then you must stop all use or visiting of the website.



Iweech privacy statement and data protection policy

PREAMBLE

iweech name is the property of BELLATRIX Corporate, simplified joint stock company, capital 81 076 €, whose Head office is located 584 Chemin de La Bastide du Gendarme 13880 Velaux, registered on the Trade and Companies Register of Salon de Provence under the N°812 707 560. Intracommunity VAT Number FR 47812 707 560. e-mail: contact @iweech.com

iweech/Bellatrix takes your privacy very seriously and will collect and process your personal data in a secure manner. To guarantee your privacy, Bellatrix always acts in accordance with the french Data Protection Act. On this webpage, you will find iweech’s Privacy Statement. Before you agree with this Privacy Statement, and before using the iweech bike, iweech smartphone application, iweech website we recommend you read it carefully. 

WHY DO WE PROCESS YOUR PERSONAL DATA?

The purposes for which we process your personal data depend on how you enter in contact with us.

You use our website
We process information about your use of our website, to remember your choices, manage and improve our website. We refer to our cookie policy for more information about this.

You contact us (e.g. by filling in a form on our website, by sending us an e-mail)
We process your personal data to answer and manage your request (e.g. request for information, subscription to our newsletter, complaint). This processing is based on your consent.

You purchase iweech’s products/services and you download the iweech app
We process your personal data for client management, based upon the performance of the contract with you regarding the provision of the iweech bike.
This includes:

  • the processing of your name/e-mail/bike ID, and name/email of shared user you designate to:
    • register your iweech under your personal account
    • Lock/unlock your iweech;
    • To allow share user to use your iweech
  • the processing of the location of your iweech to allow you to:
    • access the intelligent iweech’s i.ride mode and the smart gauge,
    • to track your iweech in case of theft and for bike retrieval functionality
    • to track and record the duration/distance/speed of the rides with your bike;
  • the processing of the information your iweech components may send us through sensors in the context of your bike components alerting and our maintenance and reparation service;

Those functionalities are essential characteristics inherent to your iweech bikes, which are necessary to meet your expectations as user. Without your personal data, we cannot perform the contract with you. This processing may involve compiling a profile. This profiling has no effect on you, except to the extent that it allows you to benefit from the functionalities concerned.

We may also process your personal data for the direct marketing of our products/services, based upon our legitimate interests. We believe that it is important to keep you, as our user, informed about our products/services. This processing may involve compiling a profile. This profiling has no effect on you, except to the extent that this processing activity might lead to enhancement of customer experience and personalized offers, which is an advantage for you. The provision of your personal data for this purpose is not a requirement and you can object to this processing by emailing to contact@iweech.com or write to Bellatrix address see Preamble part above.

In any case
We may process your personal data for the management of compliance and disputes (eg prevention/detection/sanctioning of unlawful activities and/or abuse of iweech's resources, defense of legal claims), based on our legitimate interests. We believe that the management of compliance and disputes contribute to safeguarding and promoting our economic, commercial, social and financial interests. The processing may involve compiling a profile and has no effect on you, except in the context of management of compliance and disputes. We may anonymize your personal data and process aggregate data for research and development, based on our legitimate interests (eg statistics about sales, market analysis, statistics about the users and use of our products/services, development and improvement of our products/services). We believe that research and development can lead to enhancement of customer experience, product improvement and innovation, which will help the persons concerned by our products/services (such as customers, distributors, suppliers). Research and development may involve compiling a profile. All identifying elements, such as your name, your address, etc., are eliminated. This profiling has no effect on you, except to the extent that this processing activity might lead to enhancement of customer experience, product improvement and innovation, which is an advantage for you. The provision of your personal data for these purposes is a contractual requirement but you can object to the processing by emailing to contact@iweech.com or write to Bellatrix address see Preamble part above.

WHITH WHOM DO WE SHARE YOUR PERSONAL DATA?

We can transfer your personal data to companies that process personal data in our name and on our behalf (known as ‘processors'), to scientific institutions in the context of research and development, to third parties when there is a legal obligation to do so, to our commercial partners, and to the police or judicial authorities at their request if they are entitled to request the personal data.

Is your personal data transferred outside the European Union?

We can transfer your personal data to countries outside the European Union, including the United States. Each transfer will be based on appropriate safeguards (adequacy decision and/or standard data protection clauses of the European Commission n°2016/679/UE from April 27th 2016). If you would like to know how to obtain a copy of the appropriate safeguards, you can contact us at the address stated above (preamble) or via contact@iweech.com

For how long is your personal data retained?

Your personal data is retained for as long as you are in contact with us (e.g. you use our products/services, subscribe to our newsletter) and for up to maximum 10 years after the end of this relationship.

What are your rights?

You can contact us to exercise the following rights, in accordance with the conditions laid down in the applicable legislation you can withdraw your consent for the processing of personal data, to the extent that the processing of your personal data was initially based upon your consent. Seek access to, or correction, deletion or restriction of your personal data. Object to any processing for direct marketing and/or any processing based on the legitimate interests as processing ground (such as research and development). Seek the portability of your personal data, which you have communicated to us.

You can exercise some of these rights via the settings in your personal account with us (if you have such a personal account).

You can exercise these rights by contacting us at the address stated above (preamble) or via contact@iweech.com.

You also have the right to file a complaint with the competent data protection authority (e.g. in France: CNIL 3 place de Fontenoy 75334 Paris cedex 07 or @cnil.fr

Cookie policy

iweech uses cookies to ensure you get the best experience on its website.

A cookie is a text file that is placed by the server of a website on your computer or on your mobile device when you consult that website. The cookie contains a unique code that allows recognizing your browser during the visit of the website (a so-called “session cookie”) or later repeated visits (a so-called “persistent cookie”).

Cookies can be placed by the server of the website you visit or by partners this website collaborates with. The server of a website can only read the cookies he has placed. That server has no access to other information on your computer or mobile device.

This website mays use the following types of cookies:

Cookies for browser functionality or user-friendliness
They remember the used language, personalize the webpage, remember useful information (such as current purchases in a shopping cart).

Keypad-friendly cookies
They make automatic text proposals (identification, address, passwords, ...)

Statistical or analytical cookies
They collect information about the use of the website to improve its operation.

Cookies origin of the visit
The website administrator can know the origin of the visit (e.g. search on search engine).

Visit and follow-up cookie
They allow to follow the surfing route on the website.

Tracking cookies
They are used by third parties to check the browsing behavior of the internet user. This information allows advertisers to adjust their advertising based on the habits of the Internet user.

Advertising cookies
Advertisements by banners can also store cookies. They also contain information about the user's browsing behavior and aim to offer him advertising that falls within their area of interest.

Reference cookies
Third parties providing additional services (e.g. the social networking icons on an online shopping site, provide those social networks access to the list of purchases from the Internet user by using the reference cookies).

Multimedia carrier cookies
They make multimedia easier to play.

Content sharing cookies
Social networks offer buttons for content sharing.

If you do not want cookies to be stored on your device, you can customize your browser settings so that cookies are rejected by default. You can also delete already posted cookies using your browser settings.

You can find out further information on cookies and how to manage them on https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser

It may occur that by refusing certain cookies, some parts of our website may not work or may not work optimally.

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