Terms & Conditions

Terms of use

WHEELMOVE, a simplified joint stock company with capital of 435,000 Euros, registered with the Compiègne Trade and Companies Register under number 944 431 550, having its registered office at Parc Technologique des Rives de l'Oise, Rue les rives de l'Oise 60280 Venette, France, represented by Amaury DUPAS in his capacity as Chairman.
Intercommunity VAT number: FR31944431550
Contact: sales@wheelmove.eu

Article 1. Pre-contractual information

Prior to any order, the Customer acknowledges having been able to read and understand the present General Terms and Conditions of Sale and all the information listed in article L.221-5 of the French Consumer Code, and in particular the following information:

Product price ;
The date or period within which WHEELMOVE undertakes to deliver the product;
Information relating to WHEELMOVE and its activities: postal, telephone and electronic contact details;
Guarantees relating to legal warranties and how to implement them ;
Information on withdrawal rights (existence, conditions, time limit, how to exercise this right), cancellation procedures and other important contractual conditions;
The possibility of recourse to a consumer mediator ;
Payment methods accepted.

Article 2. Definitions

"GTC" means these General Terms and Conditions of Sale between WHEELMOVE and the Customer.
The "Customer" or "Customers" means WHEELMOVE's Customers.
The "Parties" means WHEELMOVE and the Customer jointly.
The "Product" or "Products" refers to mobility assistance equipment for wheelchairs and their attachment system as represented in Appendix 1.
The "Order Form" refers to the document issued by WHEELMOVE and completed by the Customer to signify his/her intention to acquire WHEELMOVE Products, at the prices and according to the conditions provided by WHEELMOVE.

Article 3. Purpose and scope of application

In accordance with article L 441-1 of the French Commercial Code, these General Terms and Conditions of Sale constitute the sole basis of the commercial relationship between the parties, to the exclusion of any other document, prospectus or catalog, which are for information purposes only.

Their purpose is to define the conditions under which :

the products offered by WHEELMOVE are sold to private customers.

These General Terms and Conditions do not apply to professional resellers or distributors of medical equipment; the products are delivered to the Customer.The General Terms and Conditions apply exclusively to products delivered to Customers established in mainland France.
The GCS are made available to Customers at the time of sale of the products, as well as on the WHEELMOVE website https://www.wheelmove.eu/.
WHEELMOVE reserves the right to modify these GCS at any time, in order to comply with any new regulations or in order to improve the relationship with the Customer. As a result, the applicable GCS will be those in force on the date of signature of the Order Form by the Customer.

Article 4. Acceptance

The Customer acknowledges having read and understood these General Terms and Conditions prior to placing an order by completing the Order Form. Consequently, the act of placing an order by filling in the attached order form implies full acceptance of these GCS.

Article 5. Order

Once the Purchase Order has been signed, the total price has been paid and the full price has been received, the sale will be considered definitive.

Article 6. Payment - Terms of payment

The price of the product is indicated in euros including all taxes (TTC) and is attached to the Order Form and is valid only on the date the order is placed. The price indicated includes delivery charges.
The price is payable by credit card, bank transfer, cheque or cash upon signature of the Purchase Order. Under no circumstances may the sale be the subject of a credit operation, even if payment facilities, in the form of a payment schedule, which may not exceed 6 months, may be granted, unless specifically mentioned on the Purchase Order.
WHEELMOVE reserves the right to cancel and/or suspend any order and/or any delivery in the event of non-payment of the total price or of an unfunded cheque issued by the Customer.
WHEELMOVE's rights and actions may be exercised jointly and severally against the Customer or the actual holder of the product. Consequently, if the good is unpaid, any person in possession of it may be subject to collection proceedings in the same way as the Customer identified in these GTC.

Article 7. Delivery

7.1 Delivery times

The product is offered as part of a special pre-sale offer prior to its official launch, or as part of a commercial operation to promote a product currently being designed and produced.
In this situation, the Customer acknowledges and accepts that the product may not be available on the day the order is placed, and accepts the possibility of cancellation in the event of product unavailability, as well as the delivery times indicated on the Order Form at the time the order is placed, indicated over a limited period.
WHEELMOVE will keep the Customer informed of the date and time of delivery as well as of any event likely to have an influence on the delivery of the product.
No compensation for cancellation may be claimed by the Customer.
The cancellation of the product order and its reimbursement will be made as soon as possible and at the latest within 14 days.

7.2 Place of delivery

The product(s) will be shipped to the delivery address indicated by the Customer on the Order Form.
The Customer may modify the delivery address, within the limits of metropolitan France, by notifying WHEELMOVE by email at sales@wheelmove.eu.
WHEELMOVE cannot be held responsible for the impossibility of delivering the product in the event of erroneous information entered by the Customer in his delivery address.
WHEELMOVE can ensure the delivery of orders in metropolitan France (including Corsica).

7.3 Transfer of risk

Irrespective of the transfer of ownership, the risk of loss or damage to the products passes to the customer when he takes physical possession of the products.

7.4 Apparent package defects

The Customer must check the apparent condition of the package upon delivery.
At the time of delivery, if the Customer finds that the package containing the product has been delivered damaged or opened, the Customer has the right to :

to refuse the parcel and notify the deliverer of this refusal;
to formulate an observation or reserve with the deliverer.

7.5 Apparent product defect

In the event that the Customer notes a defect in the quality and/or conformity of the product delivered by WHEELMOVE in relation to the order, the Customer must send WHEELMOVE a written request for reimbursement of the products for non-conformity within the withdrawal period stipulated in Article 10, by writing to the following email address sales@wheelmove.eu. WHEELMOVE will bear the cost of return shipping. WHEELMOVE will bear the return shipping costs.
After the withdrawal period, the Customer may send WHEELMOVE, in writing to the following e-mail address sales@wheelmove.eu, a request for repair or replacement in accordance with Article 12 Warranty.

Article 8. Transfer of ownership - Retention of title

The products remain the property of WHEELMOVE until full payment of the price, regardless of the date of delivery of said products. In the event of resale, the Customer undertakes in advance to inform the third party purchaser, at the conclusion of each resale, of the present ownership clause affecting the products he proposes to purchase, and of the right that WHEELMOVE reserves to claim in his hands either the products delivered under reservation of ownership, or their price.

Article 9. Assembly

Assembly is the responsibility of the customer. For safety reasons, instructions for use, assembly and maintenance will be delivered at the same time as the product and will be available on the WHEELMOVE website. https://www.wheelmove.eu/.
For safety reasons, if the Customer is unable to carry out assembly according to the rules of the art, as indicated in the instructions for use, assembly and maintenance, he must call in a specialist in medical equipment. Any assembly costs will be borne by the customer.

Article 10. Withdrawal

In accordance with article L 221-18 of the French Consumer Code, the Customer has a legal period of fourteen (14) days plus a commercial period of sixteen (16) days, i.e. a total of thirty (30) days from the day following the date of delivery of the Order to return the product ordered, without having to give reasons for his decision.
If the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
To exercise his right of withdrawal, the Customer must inform WHEELMOVE of his decision to withdraw at the postal address mentioned herein or by email at sales@wheelmove.eu.

Sample withdrawal form

For the attention of WHEELMOVE, headquartered at Parc Technologique des Rives de l'Oise, rue les Rives de l'Oise, 60280 VENETTE ;

E-mail address: sales@wheelmove.eu;

I hereby notify you of my withdrawal from the contract for the sale of the following goods:

Ordered on* :
_______________________________________________________________________________

Received on* :
________________________________________________________________________________

Product serial number* :
_________________________________________________________________________________

Consumer name* :
_________________________________________________________________________________

Consumer address* :
_________________________________________________________________________________

Customer RIB* :
_________________________________________________________________________________

Consumer's signature (only if this form is submitted on paper)

Date* :
_________________________________________________________________________________

* Mandatory fields

The Customer must return the Product to WHEELMOVE no later than 30 days after having communicated to WHEELMOVE his/her decision to retract, the postmark being proof of the date of issue.
The Customer must also respect the conditions and procedure for returning Products described in paragraphs 11.1 and 11.2 below.

Article 11. Return - Exchange - Refund

11.1 Product return conditions

The Customer must return the Product in the same conditions in which it was received, i.e. in its original packaging, or failing that, in packaging guaranteeing equivalent protection, accompanied by its original label.
Returns are only accepted via the prepaid returns form, which will be sent to the Customer on request to the email address sales@wheelmove.eu.

WHEELMOVE reserves the right to refuse the return if the returned Product is unsuitable for resale (e.g. Product returned incomplete, damaged, opened, used, damaged). In this case, the return costs will be charged to the Customer.

11.2 Refunds

The Product will be reimbursed to the Customer, including the initial delivery and return costs, within a maximum of 14 days from its receipt by WHEELMOVE.
WHEELMOVE will reimburse the Customer by bank transfer. The Customer will have to provide a valid RIB with the return request or with the withdrawal form.

Article 12. Warranties

In application of article L217-15 of the French Consumer Code, WHEELMOVE assumes two warranties, independently of the contractual warranties granted to its Customers: the legal warranty of conformity and the legal warranty relating to hidden product defects.
As the product is intended to be mounted on a wheelchair, WHEELMOVE cannot guarantee the quality or conformity of the wheelchair on which the product is mounted.
Nevertheless, in the event of incompatibility of the product with the wheelchair on which it is mounted, the Customer has the right of withdrawal provided for in article 10 of these GTC.
In any event, the warranty shall not apply in the event of use contrary to the instructions in the Instructions for Use, or in the event of failure to comply with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check.

12.1 Legal warranty of conformity

At the consumer's option, WHEELMOVE may repair or reimburse the Customer if the products are apparently defective or do not correspond to the order placed. In order to assert his rights, the Customer must inform WHEELMOVE in writing of the non-conformity of the products within a maximum period of 2 years from the delivery of the product.

Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility, which may not be the case due to the condition of the second-hand good.
Article L. 217-5 paragraph 5 of the French Consumer Code: The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable : if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, notably in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12 of the French Consumer Code (Code de la Consommation): The action resulting from a lack of conformity is prescribed for two years from the date of delivery of the goods.
Article L. 217-16 of the French Consumer Code (Code de la Consommation): When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.

When acting under the legal warranty of conformity, the customer:
benefits from a period of 2 years from delivery of the good to take action;
can choose between repair and replacement of the good by another second-hand good, subject to the cost conditions set out in article L. 211-9 of the French Consumer Code;
is exempted from proving the existence of the lack of conformity of the good during the 2 years following delivery of the good.

12.2 Legal warranty against hidden defects

Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them.
Article 1648 paragraph 1 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The customer may invoke the warranty within two (2) years against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

Article 13. Claims and disputes

The Customer may submit any complaint to WHEELMOVE in writing to sales@wheelmove.eu. In the event of difficulties in the application of the present contract, the Customer has the possibility, before taking any legal action, of seeking an amicable solution through the system of mediation.
According to article L.612-1 of the French Consumer Code: "Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute which opposes him to a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation mechanism".
In the event of a dispute, the Customer will first contact WHEELMOVE in order to resolve the dispute amicably. WHEELMOVE will provide the Customer with the contact details of a consumer mediator.

Disputes may not be reviewed by the mediator if the request is manifestly unfounded or abusive, or has been previously examined or is in the process of being examined by another mediator or by a court, or if the consumer lodged his request with the mediator more than one year after his written complaint to WHEELMOVE, or if the dispute does not fall within the mediator's field of competence, or if the consumer does not justify having previously attempted to resolve his dispute directly with WHEELMOVE by means of a written complaint in accordance with the terms and conditions set out, where applicable, in the contract.
The search for an amicable solution does not interrupt the legal warranty period.

Article 14. Data protection

In accordance with law no. 2018-493 of June 20, 2018 on the protection of personal data, sensitive personal information and data collected about the Customer is kept for order tracking and/or the customer file. Customer data that may be processed includes the following: surname, first name, date of birth, landline and/or mobile telephone number, postal address and email address and bank details. They are kept for three (3) years from the date of collection, before being archived/deleted/anonymized.
The data controller can be contacted at the following e-mail address: sales@wheelmove.eu.
Access to personal data is strictly limited to employees of the data controller, who are authorized to process them by virtue of their functions. Under no circumstances will the information collected be communicated to third parties other than the carrier transporting the Customer's goods.
Customers have the right to access, rectify, delete and port their personal data, as well as the right to object to processing for legitimate reasons. These rights may be exercised by contacting the data controller, enclosing valid proof of identity.
In the event of a complaint, customers may contact the Commission Nationale de l'Informatique et des Libertés (CNIL).

Article 15. Liability

WHEELMOVE is automatically liable to the Customer for the proper performance of its obligations.
WHEELMOVE cannot be held responsible for damage caused by the Customer itself, by any third party installing the product, or by force majeure.
In particular, WHEELMOVE can only be held responsible if the product is defective or does not comply with legal and regulatory requirements.
The product distributed by WHEELMOVE is in the process of obtaining the "CE" mark. WHEELMOVE undertakes to ensure that the "CE" mark is obtained before the product is made available to Customers. In the event that CE marking is not obtained, WHEELMOVE undertakes to refund to the Customer all sums paid for the purchase of the product.
Once the "CE" mark has been obtained, the Product will be a class I medical device in accordance with European Directive 93/42/EEC.
WHEELMOVE is not responsible for any damage resulting from use that does not comply with the instructions for use, assembly and maintenance.
Similarly, WHEELMOVE is not responsible for any damage resulting from use of the product in compliance with the instructions when the failure results from the wheelchair housing the product.

Article 16. Force majeure

The performance of WHEELMOVE's obligations under these GCS is suspended in the event of the occurrence of a fortuitous event or force majeure (within the meaning of article 1218 of the French Civil Code and case law) which would prevent performance. WHEELMOVE will notify the Customer of the occurrence of such an event as soon as possible.
If the case of force majeure continues for more than six (6) months, the present General Terms and Conditions may be terminated by operation of law under the conditions provided for in articles 1351 and 1351-1 of the French Civil Code.

Article 17. Intellectual Property

Is the exclusive property of WHEELMOVE, protected by intellectual and industrial property rights, all graphic elements such as information, texts, images, copyrights, trademarks, photographs, videos, sounds and logos, distributed by WHEELMOVE on its website and on all documents issued by WHEELMOVE. Under no circumstances may they be used, reproduced, imitated or adapted without the prior written authorization of WHEELMOVE.

The Customer acknowledges and accepts that, unless otherwise stated in writing and elsewhere than in these GTC, he/she acquires no rights to these elements belonging to WHEELMOVE.

Article 18. General provisions

18.1 Notifications

Exchanges between the Parties may take place by any means, in particular by e-mail.
A hard copy of an e-mail is valid proof of the content of the exchanges.

18.2 Invalidity and amendment of the contract

The nullity of a stipulation not necessary to the subsistence of the GTCS shall not entail the nullity of the other stipulations, which shall remain in force between the parties.
Any modification of the GCS is only valid after a written and signed agreement between the parties.

18.3 Waiver

The fact that either party does not claim the application of any clause of the contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that party of its rights under the said clause.

18.4 Domiciliation

The parties elect domicile at the addresses indicated on the Order Form for the Customer and at the address indicated herein for WHEELMOVE.

18.5 Applicable law and jurisdiction

French law applies to these GTC. They shall therefore be executed and interpreted in accordance with French law.
In the event of failure to reach an amicable settlement of a dispute between the parties, the place of jurisdiction shall be the defendant's domicile or, at the defendant's option, the place of actual delivery of the product.

APPENDIX 1
Product description

WHEELMOVE SAS

Parc Technologique des Rives de l'Oise, rue Les Rives de l'Oise, 60280 VENETTE