General conditions of Force Moov

BIGBEN] offers its customers a commercial guarantee so as to benefit from the repair or replacement of one of the BIGBEN brand electric scooters as per these general conditions.

1/ Definitions

Fixed accessory: Electric scooter accessory that cannot be removed without tools and that was originally sold with the scooter.
Accident: Any sudden, unforeseeable event external to the Item, and which is the exclusive cause of Material Damage.
Approved anti-theft device: Anti-theft device approved by Automobile Safety and Repair (SRA) or by French Federation of Bicycle Users (FUB).
Item: BIGBEN brand electric scooter whose retail price is not more than €499 including VAT (TTC). The Item includes the Substitution Item.
Substitution Item: A new item of identical design to the original item covered by the Commercial Guarantee or, if it is no longer sold or available, an equivalent new item, i.e. one with at least the same main technical characteristics (with the exception of brand, weight, color or design). However, its value may not exceed the initial Value.
Accidental material damage (= Breakage): Destruction or damage, total or partial, externally visible, of an Item, affecting its proper functioning and resulting from an Accident.
Customer: the natural person who purchased the Item and who benefits from the BIGBEN commercial guarantee for breakage and theft.
Commercial guarantee: BIGBEN offers the present commercial guarantee to its Customers in case of breakage or theft of the Item.
Negligence: Failure to exercise caution or care, whether intentional or not, which is the reason for bringing the Commercial Guarantee into application. Financial losses resulting from the application of the commercial guarantee for breakage and theft of a Customer's Item following an Incident.
Fixed attachment point: Fixed, immobile and immovable element of stone, metal or wood, fixed to a solid wall or the ground, and from which the Item cannot be detached even by lifting or tearing away.
Approved repairer: BIGBEN partner repairer authorized to appraise and, if necessary, repair an Item following a call on the Commercial Guarantee.
Third party: Any natural person other than the Customer, his/her spouse or partner, his/her partner in a PACS agreement, his/her ascendants or descendants.
Initial value: Value excluding VAT of the Item appearing on the purchase invoice and not exceeding €499 including VAT
Theft: Fraudulent dispossession of the Item by a Third Party. Theft can be Theft by assault, Theft by breaking and entering or Theft by breaking and entering in the public domain.
Theft by assault: Theft by threats or violence by a Third Party
Theft by Breaking and Entering: Theft by forcing or destruction:
- Any device for closing a solid, enclosed and roofed property, a home, a vehicle,
- Or, outdoors, an approved anti-theft device connecting the Item to a fixed attachment point


2/ Effective date, duration and termination of the Commercial Guarantee

2.1 Effective starting date of the Commercial Guarantee: The Commercial Guarantee enters into effect from the date of purchase of the Item as indicated on the invoice.

2.2 Duration of the Commercial Guarantee: The Commercial Guarantee begins on the effective starting date of the Commercial Guarantee for a period of 12 months.

These General Conditions are sent to the customer by e-mail as soon as the Commercial Guarantee enters into effect. The Customer undertakes to keep the documents on a long-lasting medium (recording on a hard disk).

2.3 Cessation of the Commercial Guarantee: The Guarantee ceases in the event of repair or replacement of the Item within the limits of the Commercial Guarantee as indicated in Article 3.

3/ Purpose and Limits of the Commercial Guarantee

The purpose of the Commercial Guarantee is to guarantee the Item against breakage or theft.

3.1 Coverage in the event of breakage
In the event of accidental material damage occurring during the term of the Commercial Coverage, the Commercial Coverage provides for the repair or replacement of the Insured Item.

The Breakage Coverage may only be activated once during its term of validity.

3.2 Theft Guarantee
In the event of theft during the term of the Commercial Guarantee, the Commercial Guarantee covers the replacement of the Item.

The theft Guarantee can only be activated once during its validity period.

The Commercial Guarantee does not prevent the Customer from benefiting from the legal guarantee relating to hidden defects provided for in Articles 1641 to 1649 and 2232 of the Civil Code and the legal guarantee relating to non-conformity faults as provided for in Articles L.217-4 to L.217-16 of the Consumer Code (in accordance with the provisions of Article L211-15 of the Consumer Code, some of the articles of law relating to these two legal guarantees are reproduced in Articles 10 of these GC’s).

4/ Modifications

{In the event of the Item being exchanged by BIGBEN under the legal guarantees or its manufacturer's guarantee, the Substituting Item is guaranteed under the same conditions as the Original Item, but only for the validity term of the Commercial Guarantee remaining for the Original Item, and subject to compliance with the conditions set out below.

Any change in membership (including change in serial number, model, etc.) resulting from an exchange of the Item under the legal guarantees or the manufacturer's guarantee or in the case of a change of name and/or address must be reported by the customer in writing to the postal address: Affinium - 22 rue Saint Augustin 75002 Paris, or by email: contact@affinium.fr, within 15 (fifteen) working days from the date of occurrence of the corresponding event, under penalty of forfeiture of the right to guarantee.

5/ Exclusions

Excluded from the Commercial Guarantee, in all cases, are damages suffered as a result of:
• Claims related to professional use (delivery, regular business travel, etc.) or when the owner is a legal person (rental or loan by a company, a hotel, etc.);
• Intentional or fraudulent act of any person other than a third party
• Damage and theft occurring in the absence of contingency
• Indirect damage or loss suffered by the insured during or following a loss;
•  Negligent claims;
• Civil liability of the insured or the customer;
• Electric scooters with a motor power greater than 250W or not automatically switched off as soon as the item reaches a speed of 25km/h ;
• Non-fixed accessories such as a meter, lighting system, pump, water canister and saddlebags;
• Fixed accessories not sold as original equipment
, In addition to the common exclusions, in the event of a breakage guarantee, exclusion of damages resulting from:
• Any damage resulting from a modification or transformation of the property
•  Any damage related to the wear and tear of the item;
•  Any damage to the tyres unless such damage is the result of an accident affecting other parts of the item;
• Any damage resulting from a fire, a climatic event, a stroke of lightning, or a short-circuit or frost;
• Any damage resulting from prolonged exposure of the item to water (oxidization, corrosion, inset of rust, fouling, scale) ;
• Damage occurring during races, competitions:
• Any damage falling within one of the legal guarantees incumbent on the manufacturer or distributor;
• Any damage resulting from failure to comply with the instructions for use and maintenance of the property contained in the Manufacturer's manual;
• Aesthetic damage, discoloration, pitting, stains, scratches, chipping, dents, swelling or graffiti of the Item;
• Any damage caused under the influence of alcohol (a state defined by a blood alcohol level punishable by at least one fourth class fine - articles l234-1 and r234-1 of the Highway Code) or by substances or plants classified as narcotics (article l235-1 of the Highway Code) and when there is a refusal to submit to a test;
• Breakdowns of any kind, failures or defects attributable to causes internal to the insured property or related to component wear and tear, regardless of the cause.
In addition to the common exclusions, in the case of theft coverage, damages resulting from:
• Theft other than robbery by assault, burglary or break-in in the public domain;
• Burglary on a public roadway of an Item not attached by an approved anti-theft device to a fixed attachment point;
• Battery theft when stolen independently of the Item except where the battery is a fixed accessory.


7/ Application of the Commercial Guarantee in the event of breakage

7.1 How to inform of the Breakage
The Customer must inform of the breakage suffered by the Item within 5 working days of the occurrence of the breakage at the following address:
- By e-mail : forcecare@force-mobility.fr
- By the Internet: forcecare.force-mobility.fr/force-moov

The Client must send to the above-mentioned address:
- A declaration on honor relating the exact and detailed circumstances of the Breakage (in particular the date, time and place of the Claim) :
- A photo of the broken Item.

7.2 How to return the broken Item?
Once the supporting documents have been received, the Customer must return the Items by his own means, in packaging suitable for transport in the best conditions and protecting the scooter with a service provider approved by BIGBEN.
The Customer must enclose with his parcel:
- The original invoice for the Item
- The broken Item with its accessories

7.3 How is the Item returned?
Once the Item has been received and subject to the guarantee exclusions as indicated in Article 5, it will be repaired or replaced by an equivalent Item, i.e. with at least the same main technical characteristics (except brand, weight, color or design characteristics) and price.

The item will be sent to the Customer, at BIGBEN's expense, in the indicated time, which allows for the nature of the Item and the availability of the replacement Item.

8/ Application of the Commercial Theft Guarantee

8.1 How to inform of the Theft
The Customer must inform of the Theft within 2 working days of the occurrence of the Theft at the following addresses:
- By e-mail: forcecare@force-mobility.fr
- By the Internet: forcecare.force-mobility.en/force-moov


The Customer must send to the above-mentioned coordinates:

- A declaration on honor relating to the exact and detailed circumstances of the Breakage (in particular the date, time and place of the Loss) ;
- The police report on which the circumstances of the Theft and the references of the Item must be mentioned (the model and serial number) ;
In addition in the event of Theft by breaking and entry:
- The invoice for the approved Anti-theft Device used to attach the Item to a fixed attachment point and which was broken during the theft with breaking and entry.

8.2 How is the Replacement Item sent?
Subject to the guarantee exclusions as indicated in Article 5, the stolen Item will be replaced by an equivalent Item, i. e. with at least the same main technical characteristics (except brand, weight, color or design characteristics) and price.

The Item will be sent to the Customer, at BIGBEN's expense, in the indicated time, which allow for the nature of the Item and the availability of the replacement Item.


9/ Transfer of Item

The Commercial Guarantee may be assigned by the Customer, if he resells his Item during the term of the Commercial Guarantee. The conditions of the Guarantee remain unchanged as long as they comply with the conditions of Article 4 Modifications.

10/ Claims

In the event of any difficulty relating to the conditions of application of the Commercial Guarantee, the Customer must send a written request by e-mail to the address:
- assurance-forcemoov@affinium.fr

If the answer given does not satisfy him, before any legal action is taken the Customer may seek an amicable solution, in particular with the help of a consumer association or a professional organization in the sector or any other counsel of his choice. Remember that trying to find an amicable solution does not postpone the duration of the Commercial Guarantee. Note that, as a general rule and depending on the discretion of the courts, compliance with the provisions of the Commercial Guarantee presupposes that the Customer uses the Item in a normal way and that no third party not approved by BIGBEN is involved in repairing the Item.

11/ Miscellaneous provisions

Territoriality: The services resulting from the implementation of the Commercial Guarantee are performed exclusively in metropolitan France.

Applicable Law – Jurisdiction: The French language is used for the entire term of the Commercial Guarantee. Pre-contractual relations and these general conditions are governed by French law. Any dispute arising from the execution or interpretation of these general conditions shall come under the jurisdiction of the French courts.

IT, Files and Liberties:
- The Customer is expressly informed of the existence and agrees to accept the automated processing of personal and nominative information collected from him by BIGBEN under the Commercial Guarantee, as well as during its management. This information is intended exclusively for BIGBEN and may be passed on for the purposes of managing and executing the Commercial Guarantee to some of its service providers.
- The Customer has the right of access, opposition, correction and deletion of information concerning him contained in the files held by BIGBEN or its approved subcontractor, under the conditions of law No. 78-17 of 06 January 1978 as amended and the European Data Protection Regulation 2016/679 of 27 April 2016 ;
The Customer may exercise these rights by confirming his identity by sending a letter to: Affinium - 22 rue Saint Augustin 75002 Paris or by email to: contact@affinium.fr
- Any false or irregular declaration may be subject to specific processing intended to prevent or identify fraud.


Legal guarantees relating to hidden defects and lack of conformity:
The Commercial Guarantee neither lessens nor removes the legal guarantees relating to hidden defects (Art. 1641 et seq. of the Civil Code) and lack of conformity (Art. L. 211-4 to L. 211-14 of the Consumer Code) and does not replace them.
Article 1641 of the Civil Code : The seller is bound by the hidden defects guarantee covering the Item sold and that make it unfit for its intended use, or that lessen this use to such an extent that the buyer would not have purchased it, or would have paid only a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the Civil Code: Action triggered by irreparable defects must be brought by the purchaser within two years of the discovery of the defect

Article L 217-4 of the Consumer Code: The seller is required to deliver an item conforming to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for conformity defects resulting from packaging, assembly instructions or installation when it is liable for installation under the terms of the contract or if it was carried out under its responsibility.
Article L 217-5 of the Consumer Code: To be in conformity with the contract, the item must:
1° Be fit for the use usually expected of a similar item and, if applicable :
- correspond to the description given by the seller and have the properties that the seller presented to the buyer as a sample or model ;
- present the properties to be legitimately expected by a buyer in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2°: or present the characteristics defined by joint agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by it.

Article L 217-12 of the Consumer Code: Action triggered by conformity defects is prescribed for two years after the delivery of the item.
Article L 217-16 of the Consumer Code: When, during the course of the commercial guarantee granted to him on acquiring or repairing a movable item, the buyer requests from the seller, a repair covered by the guarantee, any immobilization time of at least seven days shall be added to the duration of the guarantee remaining to run. This time shall run from the date of the buyer's request for action or the date on which the items in question are made available for repair, if such availability falls later than the request for action.