General Terms and Conditions of Sale

of online products to individual consumers

Preamble

These general terms and conditions of sale apply to all sales concluded on the JOYOR website.

The website www.joyor.fr is a service provided by:

• Website URL: www.joyor.fr
• Email: contact@joyor.fr
• Phone number: +33 9 88 18 88 36

The JOYOR website sells the following products: Electric Scooters.

The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. Confirmation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 - Principles

These general terms and conditions express the entirety of the parties' obligations. As such, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.

They are available on the JOYOR website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online.

If a condition of sale is missing, it will be deemed to be governed by the customs in force in the distance selling sector, for companies headquartered in France.

These general terms and conditions of sale are valid until February 28, 2019.

Article 2 - Content

These general terms and conditions define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer via the JOYOR website.

These terms and conditions only apply to purchases made on the JOYOR website and delivered exclusively to mainland France or Corsica. For any delivery to the French Overseas Territories or abroad, please send a message to the following email address: contact@joyor.fr.

These purchases concern the following products: Electric Scooters.

Article 3 - Pre-contractual Information

The buyer acknowledges having received, prior to placing their order and concluding the contract, a legible and understandable copy of these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

- the essential characteristics of the goods;

- the price of the goods and/or the method of calculating the price;

- if applicable, any additional transport, delivery, or postage costs and any other possible charges payable;

- in the absence of immediate performance of the contract, the date or period by which the seller undertakes to deliver the goods, regardless of their price;

- information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of the guarantees and other contractual conditions.

Article 4 - Orders

The buyer may place their order online, using the online catalog and the form provided therein, for any product, subject to availability.

The buyer will be informed of any unavailability of the product or item ordered.

For the order to be validated, the buyer must accept these general terms and conditions by clicking on the appropriate button. They must also choose the delivery address and method, and finally confirm the payment method.

The sale will be considered final:

- after the seller has sent the buyer confirmation of the order acceptance by email;

- and after the seller has received payment in full.

Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute regarding this point will be subject to a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding order tracking, the buyer can call the following telephone number: +339 88 18 88 36 (cost of a local call), on the following days and times: 10 a.m. to 7 p.m., or send an email to the seller at the following address: contact@joyor.fr.

Article 5 - Electronic Signature

Providing the buyer's credit card number online and final confirmation of the order constitute proof of the buyer's agreement to:

- the payment of the amounts due under the order form;

- signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the credit card, the buyer is invited, as soon as they become aware of such use, to contact the seller at the following telephone number: +339 88 18 88 36.

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 - Proof of Transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 8 - Product Information

The products governed by these general terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered while stocks last.

The products are described and presented with the greatest possible accuracy. However, if any errors or omissions occur in this presentation, the seller cannot be held liable.

Product photographs are not contractually binding.

Article 9 - Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.

Prices are indicated in euros. They do not include delivery costs, which are charged as an additional fee and indicated before the order is confirmed. Prices include the VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental taxes, are introduced or modified, whether upwards or downwards, this change may be reflected in the selling price of the products.

Article 10 – Payment Methods

This is an order with an obligation to pay, meaning that placing the order requires the buyer to make a payment.

To pay for the order, the buyer may use any of the payment methods offered by the seller and listed on the seller’s website. The buyer guarantees that they have the necessary authorizations to use their chosen payment method at the time the order is confirmed. The seller reserves the right to suspend any order processing and delivery in case of payment authorization refusal by officially accredited institutions or in case of non-payment. The seller also reserves the right to refuse delivery or fulfill an order from a buyer who has not paid fully or partially for a previous order or with whom there is an ongoing payment dispute.

Payment is due in full at the time of the order, using the following methods:

Bank card

PayPal

Bank transfer

Article 11 – Product Availability – Refunds – Contract Cancellation

Except in cases of force majeure or when the online store is closed (announced on the homepage), shipping times, subject to stock availability, are as follows. Delivery times begin from the order confirmation email date.

For deliveries within mainland France and Corsica, the timeframe is 2 to 3 days from the day after the order, via Express or Standard delivery. In any case, the maximum timeframe is 30 business days from the contract date.

For deliveries to French overseas territories or other countries, the specific terms will be communicated to the buyer individually.

If the agreed delivery date is not met, the buyer must first request fulfillment within a reasonable additional time before cancelling the contract.

If the seller fails to deliver within this new timeframe, the buyer may cancel the contract.

This must be done via registered mail with acknowledgment of receipt or written communication on a durable medium.

The contract will be deemed canceled upon receipt by the seller unless the seller has fulfilled the order in the meantime.

The buyer may cancel the contract immediately if the deadlines were a critical condition of the agreement.

In that case, the seller must refund all amounts paid by the buyer within 14 days of the cancellation.

If a product is unavailable, the buyer will be informed promptly and may cancel the order. They may request a refund within 14 days or exchange the product.

Article 12 – Delivery Terms

Delivery refers to the transfer of physical possession or control of the goods to the consumer. Products are delivered as per the methods and timeframe described above.

Products are delivered to the address provided by the buyer. Any parcel returned due to an incorrect or incomplete address will be resent at the buyer’s expense. A separate billing address can be chosen by selecting the appropriate option on the order form.

If the buyer is absent on delivery day, a delivery notice will be left to collect the package within the indicated timeframe and location.

If the packaging is damaged, torn, or open, the buyer must check the contents. If items are damaged, the buyer must refuse the package and note this on the delivery slip (e.g., package refused due to damage).

Any anomaly must be noted on the delivery slip with handwritten comments and a signature.

Once the delivery slip is signed, the delivery is considered complete.

The buyer must confirm the issue with the carrier within two business days via registered mail and send a copy to the seller at the legal address listed on the website.

If a return is necessary, the buyer must request it within 14 days of delivery. Only products in original condition (packaging, accessories, instructions) will be accepted.

Article 13 – Delivery Errors

The buyer must notify the seller the same day or the next business day of any delivery error or product non-conformity. Complaints made after this period will not be accepted.

Complaints may be made:

By phone: +33 9 88 18 88 36

By email: contact@joyor.fr

Non-compliance with the above procedure will release the seller from any liability.

Upon receiving the complaint, the seller will assign and communicate an exchange number via email. Products may only be exchanged after this number is issued.

In case of an error or exchange, the item must be returned in full and in original packaging via tracked Colissimo to:

46 T AV GALLIENI, 93130 NOISY-LE-SEC, France

Return shipping costs are covered by the seller.

Article 14 – Product Warranty

14.1 Legal Warranty of Conformity

The seller ensures that goods conform to the contract, as per Articles L. 217-4 and following of the French Consumer Code.

Under this warranty:

The buyer has 2 years from delivery to act;

The buyer may request repair or replacement, subject to cost conditions (Article L. 217-17);

No proof of defect is required within 24 months of delivery for new goods (6 months for second-hand).

14.2 Warranty Against Hidden Defects

As per Articles 1641 et seq. of the French Civil Code, the seller guarantees against hidden defects making the product unfit for its intended use. The buyer must prove the defect existed at the time of sale. Claims must be made within 2 years of discovering the defect.

The buyer may choose contract cancellation or a price reduction (Article 1644).

Article 15 – Right of Withdrawal

Exercise of Right

In accordance with the Consumer Code, the buyer has 14 days from delivery to return any item for exchange or refund, excluding return costs.

Returns must be in original condition and complete (packaging, accessories, manual), with the invoice.

Damaged, used, or incomplete products will not be accepted.

The withdrawal right can be exercised online via the withdrawal form on this site. An acknowledgment will be sent immediately. Other clear, unambiguous declarations are also valid.

In case of valid withdrawal, the price and delivery costs will be refunded.

Return costs are the buyer's responsibility.

Exchange or refund will be issued within 14 days of product return.

Exceptions (Article L221-28)

The right of withdrawal does not apply to:

Goods subject to market fluctuations;

Customized goods;

Perishables;

Goods unsealed after delivery that can't be returned for hygiene or health reasons;

Goods inseparably mixed with others;

Alcohol delivered after 30 days where price depends on market fluctuations;

Emergency maintenance or repair work requested by the buyer;

Unsealed audio, video, or software;

Newspapers or magazines (except subscriptions);

Digital content not supplied on a physical medium, where performance has begun with prior express consent.

Article 16 – Force Majeure

Any external, unforeseeable, unavoidable events preventing normal execution of obligations are grounds for exemption and suspension.

The affected party must inform the other of the event and its end.

Events such as transport blockages, natural disasters, telecommunication outages, etc., are considered force majeure.

If lasting over 3 months, these terms may be terminated by the harmed party.

Article 17 – Intellectual Property

Website content remains the property of the seller, the sole holder of intellectual property rights.

Buyers agree not to use or reproduce the content, in whole or in part. Infringement is strictly prohibited.

Article 18 – Data Protection (Informatiques et Libertés)

Personal data is required for processing orders and invoices.

It may be shared with the seller's partners responsible for handling orders.

JOYOR's data processing is registered with CNIL.

The buyer has a right to access, modify, correct, and oppose their data per the website’s terms.

Article 19 – Partial Invalidity

If any clause is found invalid by law or a final court decision, the remaining clauses remain effective.

Article 20 – No Waiver

Failure to enforce any term does not imply future waiver of that right.

Article 21 – Headings

Clause headings are for convenience only and hold no contractual value.

Article 22 – Contract Language

These general conditions are written in French. In case of translation, only the French version prevails in disputes.

Article 23 – Mediation and Dispute Resolution

The buyer may opt for conventional mediation (e.g., the Consumer Mediation Commission) or alternative dispute resolution methods (e.g., conciliation). Mediator details are available on the website.

As per Article 14 of Regulation (EU) 524/2013, the European Commission provides an Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable Law

These terms are governed by French law. The competent court is the judicial tribunal.

Both substantive and procedural rules follow French law. In case of dispute, the buyer will first seek an amicable resolution with the seller.

Article 25 – Personal Data Protection

Data Collected

Personal data collected includes:

Account creation: name, email, phone number, address

Login: name, usage data, location, payment details

Profile: address, phone number

Payment: bank or card information

Communication: message data

Cookies: can be disabled via browser settings

Use of Personal Data

Used for:

Site access and use

Optimization

Payment conditions

Data verification and authentication

Enabling communication between users

User support

Personalized services and ads

Fraud and malware prevention

Dispute management

Marketing and advertising

Sharing with Third Parties

Data may be shared:

With financial institutions for payment processing

If posted in public areas

When third-party access is authorized by the user

With service providers under confidentiality obligations

To comply with legal or judicial demands

In case of merger, acquisition, or asset transfer

Security and Confidentiality

The website implements organizational, technical, software, and physical measures related to digital security to protect personal data from alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the internet.

Exercise of Users' Rights

In accordance with the applicable regulations on personal data, users have the following rights, which they can exercise by submitting a request to the following address: contact@joyor.fr.

Right of access: Users may exercise their right to access in order to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.

Right to rectification: If the personal data held by the website is inaccurate, users can request that the information be updated.

Right to erasure: Users may request the deletion of their personal data, in accordance with applicable data protection laws.

Right to restriction of processing: Users may request that the website restrict the processing of personal data in the cases provided for by the GDPR.

Right to object to processing: Users may object to the processing of their data under the conditions provided for by the GDPR.

Right to data portability: Users may request that the website provide them with the personal data they have supplied in order to transfer it to another website.

Changes to This Clause

The website reserves the right to modify this personal data protection clause at any time. If a change is made to this clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before it comes into effect. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option to delete their account.

Appendix:

Withdrawal Form

(To be completed by the consumer

and sent by registered letter with acknowledgment of receipt,

within a maximum period of 14 days following the date of conclusion of the service contract)

Appendix:

Consumer Code

Article L. 217-4:
"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."

Article L. 217-5:
"The good is in conformity with the contract:

1° If it is suitable for the usual use of a similar good and, where applicable:

• if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer as a sample or model;

• if it has the qualities that a buyer can legitimately expect in light of public statements made by the seller, the producer or their representative, particularly in advertising or labeling;

2° Or if it has the characteristics agreed upon mutually by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by them."

Article L. 217-6:
"The seller is not bound by public statements made by the producer or their representative if it is established that they did not know them and were not legitimately in a position to know them."

Article L. 217-7:
"Defects in conformity that appear within twenty-four months from the delivery of the good are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the alleged lack of conformity."

Article L. 217-8:
"The buyer is entitled to demand that the good conform to the contract. However, they may not contest the conformity by invoking a defect they knew or could not have been unaware of when the contract was concluded. The same applies when the defect arises from materials provided by the buyer."

Article L. 217-9:
"In the event of non-conformity, the buyer chooses between repair or replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the alternative, considering the value of the good or the significance of the defect. In that case, the seller is required to proceed, unless impossible, with the option not chosen by the buyer."

Article L. 217-10:
"If repair and replacement are impossible, the buyer may return the good and receive a refund or keep the good and receive a partial refund. The same option is available to the buyer:
1° If the solution requested, proposed, or agreed upon under Article L. 217-9 cannot be implemented within one month following the buyer’s complaint;
2° Or if this solution cannot be implemented without causing major inconvenience to the buyer, given the nature of the good and the intended use.

However, the sale cannot be rescinded if the lack of conformity is minor."

Article L. 217-11:
"The implementation of Articles L. 217-9 and L. 217-10 occurs at no cost to the buyer. These provisions do not preclude the awarding of damages."

Article L. 217-12:
"Legal action resulting from a lack of conformity must be initiated within two years from the date of delivery of the good."

Article L. 217-13:
"The provisions of this section do not deprive the buyer of the right to exercise an action resulting from latent defects as provided in Articles 1641 to 1649 of the Civil Code or any other contractual or non-contractual action recognized by law."

Article L. 217-14:
"The final seller may exercise a right of recourse against successive sellers or intermediaries and the producer of the tangible movable good, according to the principles of the Civil Code."

Article L. 217-15:
"A commercial warranty refers to any contractual commitment made by a professional to the consumer to reimburse the purchase price, replace or repair the good, or provide any other service related to the good, in addition to the legal obligations ensuring the conformity of the good.

The commercial warranty is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its cost, duration, territorial scope, and the name and address of the guarantor.

Furthermore, it clearly states that, independently of the commercial warranty, the seller remains liable for the legal warranty of conformity referred to in Articles L. 217-4 to L. 217-12, and for hidden defects as provided in Articles 1641 to 1648 and 2232 of the Civil Code.

Articles L. 217-4, L. 217-5, L. 217-12, L. 217-16, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, are fully reproduced in the contract.

Failure to comply with these provisions does not affect the validity of the warranty. The buyer remains entitled to invoke it."

Article L. 217-16:
"When the buyer requests repair from the seller during the commercial warranty period granted at the time of purchase or repair of a movable good, any immobilization period of at least seven days is added to the remaining warranty period.

This period begins from the buyer's request for intervention or the availability of the good for repair, if this availability is after the request."

Civil Code

Article 1641:
"The seller is bound by the warranty for latent defects in the item sold that render it unfit for its intended use, or which diminish its use so much that the buyer would not have acquired it, or would have paid a lower price, had they known about them."

Article 1648:
"Legal action arising from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be initiated, under penalty of forfeiture, within one year from the date on which the seller could be released from apparent defects or lack of conformity."