General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter the “GTC”) are concluded between:

EVEA – SASU Équipement Véhicules Électriques de l’Anjou,
owner of the business assets KART MASTERS and of the e-commerce website https://evea-distribution.com/,
a company located at RD347, 49800 Brain-sur-l’Authion, France,
with a share capital of €30,000,
registered with the Trade and Companies Register of Angers under SIRET number 841 747 769 00013,
represented by its president, duly authorised for the purposes hereof,
contactable via the contact form on the website or at the following e-mail address: contact@evea-solutions.com,
hereinafter referred to as “the Seller” or “the Company”,

And any natural person or legal entity purchasing products or services via the website or in store/workshop, hereinafter referred to as “the Customer”.

The following has been stated and agreed.

Article 1 – Purpose

The purpose of these GTC is to define the rights and obligations of the parties in the context of the sale online, in store or in the workshop, of products and services (assembly, wiring, design, programming, studies, etc.) offered by EVEA / KART MASTERS.

The Seller designs and distributes products and solutions related to electric drives, the conversion of vehicles and machines, as well as karting activities, intended mainly for consumers and professional customers, marketed via the website https://evea-distribution.com/ and, where applicable, in store or in the workshop.

The list and description of the goods and services offered by EVEA can be consulted on the aforementioned website and/or on quotation.

Article 2 – General provisions

These GTC apply to all sales of products and provision of services carried out by the Company, whether concluded online via the website, in store or in the workshop. They constitute, together with the order, the entire contract between the Seller and the Customer.

The Company reserves the right to amend these GTC at any time. The applicable GTC are those in force on the date of validation of the order by the Customer (or acceptance of the quotation for services).

The GTC are made available to the Customer on the website at the following address: https://evea-distribution.com/ and may also be provided upon simple request.

For any order placed online, acceptance of the GTC is materialised by ticking a box and clicking to validate. For services performed on quotation, acceptance occurs by signing the quotation or any equivalent written agreement.

The Customer declares that they:

have read these GTC and, where applicable, any special conditions applicable to certain products or services,
accept them without restriction or reservation,
have the full legal capacity to contract, or are duly authorised to represent the natural or legal person on whose behalf they are acting.

Unless proven otherwise, the data recorded by the Company (in particular order data, quotations, invoices, electronic exchanges) constitute proof of all transactions.

Article 3 – Prices

The prices of products and services are indicated in Euros excluding tax (excl. VAT) on product pages and quotations, and in Euros including all taxes (incl. VAT) on the order page and invoices, excluding shipping costs and any additional fees clearly indicated before the order is confirmed.

For deliveries outside the European Union and/or French overseas departments and territories (DOM-TOM), prices are invoiced excluding taxes. Customs duties or other local taxes (import duties, state taxes, etc.) may be payable and remain the sole responsibility of the Customer, who is responsible for obtaining information from the relevant authorities.

The Company reserves the right to modify its prices at any time for the future. The applicable price is that in force at the time the order is validated or the quotation accepted.

The Customer may, where applicable, convert their cart into a quotation. Unless otherwise stated, the quotation is valid for 15 days from its date of issue.

Telecommunication costs necessary to access the website are borne by the Customer. Any delivery costs are indicated separately and clearly before the order is confirmed.

Article 4 – Conclusion of the contract online

To place an order online, the Customer must follow these steps:

Review the essential characteristics of the product or service.
Select the product(s) or service(s) desired, and where applicable any options.
Enter the information required to place the order (identity, delivery address, billing address, etc.).
Read and accept these GTC.
Check the order summary and correct any errors.
Confirm the order and proceed to payment using the chosen method.

The Customer will then receive, by e-mail:

an acknowledgement of receipt of their order,
and, once payment has been validated, an order confirmation and, where applicable, a copy of these GTC on a durable medium (PDF or download link).

For delivered products, delivery will be made to the delivery address indicated by the Customer. The Customer undertakes to provide accurate, complete and up-to-date identification information. The Company reserves the right to refuse or cancel any order in the event of:

an abnormal or bad-faith request,
an existing dispute with the Customer,
total or partial non-payment of a previous order,
a major supply or availability issue.

Article 5 – Products and services

The essential characteristics of products and services, as well as their respective prices, are presented on the website and/or on quotation. Descriptions and technical information are provided in French wherever possible.

The Customer confirms that, prior to placing the order, they received details regarding shipping costs, payment terms, delivery and performance of the contract.

Photographs, illustrations and visuals of products are not contractually binding. In case of doubt, the Customer may contact the Company before purchasing to obtain further details.

The Seller undertakes to fulfil orders received within the limits of available stock. In the event of unavailability, the Company will inform the Customer as soon as possible and will offer, as the case may be, a refund, a credit note, or a replacement product with the Customer’s agreement.

In the event of non-conformity or a defective product, the provisions relating to statutory guarantees (Article 12) apply.

Article 6 – Retention of title

The products remain the property of the Company until full payment of the price (principal and ancillary costs). Until the price has been paid in full, the Customer undertakes not to resell or transform the products.

In the event of total or partial non-payment and after a formal notice has remained unsuccessful, the Company may demand the return of the products at the Customer’s expense, without prejudice to any other action for damages.

Formal notices or other legal communications may be sent to the Customer by registered letter with acknowledgement of receipt, or where applicable by registered electronic mail (LRE), if the Customer has accepted this method of communication.

Article 7 – Delivery terms

Products are delivered to the address indicated by the Customer when ordering, within the timeframe specified on the website or on the quotation. The indicated delivery times do not include the order preparation time.

In the event of an order for several products, the Company may, with the Customer’s agreement, proceed with partial deliveries (shipment of available products followed by the balance after restocking).

In case of a delay in delivery, the consumer Customer may, after having requested the Company to deliver within an additional reasonable period, terminate the contract if delivery has still not occurred. The Seller will then refund the Customer under the conditions provided for by the French Consumer Code.

When the Customer physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Customer’s responsibility to check the condition of the parcels upon delivery and to make any specific reservations to the carrier, in accordance with the applicable rules.

Article 8 – Returns outside the right of withdrawal

Any return of products outside the exercise of the statutory right of withdrawal must be subject to prior, formal and written agreement between the Company and the Customer. The terms (price, return costs, any deductions for reconditioning, etc.) are defined on a case-by-case basis.

The provisions of this article in no way limit the consumer’s exercise of the right of withdrawal (Article 11) nor the application of statutory guarantees (Article 12).

Article 9 – Availability

Orders are processed within the limits of available stock at the Company and, where applicable, at its suppliers. In the event of unavailability of an item for a period exceeding 90 working days, the Customer will be informed of the foreseeable restocking time and may request the cancellation of the order for the product concerned, with a refund or credit note.

Article 10 – Payment

Payment is due immediately upon ordering, including for pre-ordered products, unless special conditions have been expressly agreed (for example, administrative purchase orders).

Accepted payment methods include: bank card, cheque, bank transfer, PayPal, and, where applicable, administrative purchase orders under specific conditions indicated on the website or quotation.

In the event of payment by bank card via a secure payment service provider, the banking information is not stored by the Company. By providing their bank details, the Customer guarantees that they are the legal holder of the card and authorised to use it.

In case of a payment error, refusal of authorisation or impossibility of debiting, the sale is automatically cancelled and the order is void.

Article 11 – Right of withdrawal (consumer customers)

In accordance with Articles L221-18 et seq. of the French Consumer Code, the consumer has a period of 14 days from receipt of the goods (or from conclusion of the contract for services) to exercise their right of withdrawal, without having to give any reason and without incurring any costs other than those provided for by law (in particular the return costs).

To exercise this right, the Customer must notify the Company of their decision to withdraw by means of an unambiguous statement (postal mail, e-mail) or by using the standard withdrawal form made available on the website or upon request.

Products must be returned to the address indicated by the Company, in their original condition and complete (packaging, accessories, instructions, etc.), within a reasonable timeframe and at the latest 14 days after the Customer has communicated their decision to withdraw.

EVEA will reimburse all payments received from the Customer, including standard delivery costs, within 14 days from the date on which it is informed of the Customer’s decision to withdraw. The Company may defer the refund until it has received the goods or until the Customer has provided proof of shipment of the goods.

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply in particular to:

goods made to the consumer’s specifications or clearly personalised,
services fully performed before the end of the withdrawal period, where performance has begun after the consumer’s prior express agreement and express waiver of their right of withdrawal,
software programming services, IT configuration, diagnostics or other intangible services fully performed with the Customer’s agreement before the end of the withdrawal period.

Article 12 – Statutory guarantees and commercial warranties

12.1 Statutory guarantee of conformity

In accordance with Articles L217-3 et seq. of the French Consumer Code, the Seller is required to deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery and appearing within two years from that date.

The consumer:

has a period of two years from delivery of the goods to take action;
may choose between repair or replacement of the goods, subject to the cost conditions provided for by law;
may, if repair and replacement are impossible, return the goods and obtain a refund, or keep the goods and obtain a partial refund.

Lack of conformity that appears within two years from delivery of the goods is presumed to have existed at the time of delivery, unless proved otherwise.

12.2 Guarantee against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the Customer may also rely on the guarantee against hidden defects in the item sold. In such a case, they may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

12.3 Commercial warranties

Certain products may benefit from an additional commercial warranty offered by EVEA or the manufacturer (for example for certain batteries, components or specific equipment). The conditions, duration and methods of implementing these commercial warranties are specified in the documentation provided with the product, on the product page or on the quotation.

These commercial warranties are in addition to statutory guarantees and do not limit them in any way.

Article 13 – Services (assembly, wiring, design, programming)

13.1 Definitions

“Services” or “service provision” refers to all services that do not fall under the simple sale of equipment: mechanical and electrical assembly, wiring, design of electrical and electronic diagrams, programming of electronic boards, inverters or PLCs, technical studies, etc.

The “Object” or “Prototype” refers to the machine, vehicle, system or any other assembly for which the Customer requests the Company’s services.

13.2 Specifications and understanding of requirements

The Customer contacts the Company in order to receive support for the sizing, supply of equipment, assembly or wiring of a machine with an electric or hybrid drive, or any other service described in the quotation.

It is the Customer’s responsibility to provide an accurate and up-to-date specification sheet, including a list of requirements and technical specifications. Any change to the requirements must be recorded in an updated version of the specification sheet.

13.3 Completion times

The Company provides the Customer with an estimated time frame for performance of the services, based on the information available and the agreed schedule. As services may involve technical or supply-related contingencies, these time frames are given as an indication only.

Unless otherwise required by mandatory law, reasonable delays do not automatically give rise to penalties. The Customer nevertheless retains their statutory rights in the event of a significant delay.

13.4 Obligation of means

The Company undertakes to use all reasonable means to perform the services in accordance with best practice and the specification sheet, within the limits of the information, resources and products provided by the Customer.

Quotations are drawn up on the basis of the information provided by the Customer and, where applicable, a visual or partial inspection of the Object. They may be adjusted after a more in-depth analysis of the Object or after removal of certain mechanical components, subject to prior information of the Customer and their agreement on any additional costs.

The Company reserves the right to refuse to carry out a service if it involves the use of non-approved products, products of insufficient quality, second-hand parts or components not supplied by the Company, where this compromises the safety, conformity or expected quality of the installation.

13.5 Normative aspects and safety

The Company endeavours to offer quality products and solutions, often compliant with applicable directives and standards (CE marking, etc.) for the components it supplies.

However, the normative and regulatory qualification of the final Object (vehicle, machine, prototype, series product, etc.) is the responsibility of the Customer, who must undertake any necessary procedures (approval, certification, insurance, inspections, etc.). The Company cannot be held liable for any failure to comply with regulations relating to the Object in its final operating environment, unless specifically and expressly agreed otherwise in writing.

13.6 Acceptance and deliverables

The Customer undertakes to check and accept the Object (functional and quality acceptance) before it leaves the workshop or place of service, or before it is put into use. Any obvious defect must be reported immediately.

For intellectual deliverables (diagrams, programs, documentation), the Customer has a period, specified on the quotation or, failing that, of 7 days, to submit comments and validate the deliverables. After this period, the deliverables shall be deemed accepted, without prejudice to statutory guarantees.

13.7 Training and documentation

The Company makes available the user manuals of the products it supplies when such manuals are available.

Unless otherwise agreed in writing, the Company is not obliged to provide all wiring diagrams, source code, detailed programs or maintenance documentation for the services provided. Intellectual property rights relating to studies, diagrams, programs, prototypes, etc. remain the property of the Company, unless expressly transferred in writing.

The Company’s liability cannot be incurred for damage resulting from:

improper use of the products or the Object,
failure to comply with safety instructions or applicable laws and regulations,
modifications made by the Customer or a third party without the Company’s agreement.

Article 14 – Complaints

For any complaint, the Customer may contact the Company at the following addresses:

EVEA
1 RD347
49800 Brain-sur-l’Authion – France
E-mail: contact@evea-solutions.com

Article 15 – Intellectual property

Trademarks, domain names, products, software, images, videos, texts, logos, graphics, and more generally any information or content subject to intellectual property rights are and remain the exclusive property of the Company or its partners.

No transfer of intellectual property rights is made under these GTC. Any reproduction, representation, modification, publication or adaptation of all or part of the elements on the website or documents provided to the Customer is strictly prohibited without the Company’s prior written agreement.

Furthermore, the Company remains the owner of all intellectual property rights relating to studies, drawings, models, prototypes, diagrams, programs, etc. produced for the Customer, even at the latter’s request. The Customer undertakes not to reproduce or exploit these elements without the Company’s prior written consent, which may be conditional upon financial compensation.

Article 16 – Force majeure

The performance by the Company of all or part of its obligations shall be suspended in the event of the occurrence of an event of force majeure or a fortuitous event that prevents their performance. The events usually recognised by French case law (pandemics, natural disasters, general strikes, fires, etc.) are considered as force majeure.

The Company will inform the Customer of the occurrence of such an event as soon as possible and will make its best efforts to limit its duration and consequences.

Article 17 – Partial nullity and amendment of the contract

If any provision of these GTC is declared null and void or unenforceable, the other provisions shall remain fully in force.

Any contractual amendment is only valid after a written agreement between the parties, in the form of a special clause or signed quotation.

Article 18 – Personal data

Personal data collected as part of orders and the commercial relationship with the Company are processed in accordance with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act.

The data controller is: EVEA – SASU Équipement Véhicules Électriques de l’Anjou, 1 RD347, 49800 Brain-sur-l’Authion, France.

Data are used in particular for:

processing and tracking orders, deliveries and invoicing,
managing customer relations and after-sales service,
managing customer accounts on the website,
sending commercial information or newsletters, subject to the Customer’s consent where required.

The legal bases for processing are performance of the contract, compliance with legal obligations, the Company’s legitimate interest and, where applicable, the Customer’s consent for electronic marketing operations.

The Customer has the right to access, rectify, object to, restrict and erase their data, and the right to data portability, which they may exercise by writing to: contact@evea-solutions.com or to the Company’s postal address. The Customer also has the right to lodge a complaint with the CNIL (French data protection authority).

For more information, the Customer is invited to consult the Company’s Privacy Policy, available at: [URL_POLITIQUE_CONFIDENTIALITE].

Article 19 – Limitation of liability

The Company is liable for direct and foreseeable damage caused to the Customer as a result of non-performance or improper performance of the contract that is attributable to it.

The Company cannot be held liable for:

damage resulting from improper use of the products or services,
failure by the Customer to comply with applicable laws and regulations (approval, safety, traffic, etc.),
damage attributable to a third party or to a case of force majeure.

Any limitations of liability provided for herein do not apply in the event of gross or wilful misconduct, nor in the event of bodily injury caused to a consumer by a defective product under mandatory statutory provisions.

Article 20 – Applicable law

These GTC and any transactions arising from them are governed by French law.

Article 21 – Jurisdiction

In the event of a dispute relating to the interpretation or performance of these GTC, the parties will endeavour to seek an amicable solution.

For professional Customers, failing an amicable agreement, any dispute shall be submitted to the exclusive jurisdiction of the Commercial Court of Angers, subject to mandatory jurisdiction rules.

For consumer Customers, the statutory rules of territorial jurisdiction of the French Code of Civil Procedure apply (in particular the court of the consumer’s domicile).

Article 22 – Consumer mediation (consumer Customers)

In accordance with Article L612-1 of the French Consumer Code, every consumer has the right to use a consumer mediator free of charge in order to seek an amicable settlement of a dispute with a professional.

EVEA has joined the following mediation scheme:

[NOM_DU_MEDIATEUR]
Address: [ADRESSE_DU_MEDIATEUR]
Website: [URL_DU_MEDIATEUR]

After a prior written approach by the Customer to the Company, the mediator may be referred to for any consumer dispute that has not been resolved. The terms and conditions of referral are specified on the mediator’s website.