General Terms of Sale

Updated on April 17, 2024.

Between :

The Company ELWING TECH, 

A simplified joint-stock company (SAS) with share capital of €354,890, registered with the Bordeaux Trade and Companies Register under number 819 757 980, whose registered office is located at 87 quai de Queyries, Bordeaux, and represented by its President, Mr. Quentin Sartorius, duly authorized for the purposes hereof; 

Hereinafter the “ Seller ” or “ Ritmic »

And : 

An individual Internet User purchasing Products offered by the Seller on the Site as a consumer.

Hereinafter the “ the Purchaser » 

The following has been presented and agreed:



Article 1: Definition

Article 2: Scope of Application

Article 3: Product Offers

Article 4: Order and payment procedure

Article 5: Delivery

Article 6: Retention of title

Article 7: Right of Withdrawal

Article 8: Warranties

Article 9: Liability

Article 10: Customer Service / Mediation

Article 11: Intellectual property rights

Article 12: Personal data protection

Article 13: Referral Program

Article 14: Miscellaneous provisions

Article 15: Jurisdiction and applicable law

Article 1: Definitions

• Terms and Conditions of Sale: means these General Terms and Conditions of Sale;

• Order: means any order for Product(s) placed by the Purchaser on the Site;

• Account: means the personal online account created by the Internet User and/or Purchaser on the Site;

• Contract: means these Terms and Conditions of Sale, the placing of the Order, and the sale of the Products;

• Internet User: means any individual or legal entity accessing and/or browsing the Site;

• Parties: jointly means the Purchaser / Internet User and the Seller;

• Products: means the products offered for sale by the Seller, a detailed list and description of which can be viewed on its Site;

• Advisory Service: means the instant messaging service made available to the Purchaser through the Site to assist with choosing

• Products, manage or cancel Orders, available Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 6 p.m., excluding public holidays;

• Site: means the website operated by the Seller to present and sell its Products, accessible at https://ritmic.co.

Article 2: Scope of Application


2.1. Purpose of the Terms and Conditions of Sale

These Terms and Conditions of Sale define the rights and obligations of the Parties in connection with the online sale of Products offered by the Seller through the Site. 

They form an integral part of the Contract entered into between the Purchaser and the Seller and are fully enforceable against the Purchaser. 

The Individual Internet User and/or Purchaser declares that they are of legal age or have parental authorization and have full legal capacity to enter into a legally binding contract under French law. 

The Buyer acknowledges that any order for Products must be placed for personal use, excluding resale or use for professional purposes. Any order for Products placed for resale or professional use must be made through the Seller’s dedicated platform, accessible via the professional area.


2.2. Acceptance of the Terms and Conditions

Before creating an Account and/or placing an Order on the Site, the Internet User and/or Buyer agrees to read these general terms and conditions of sale and, where applicable, any specific terms of sale relating to a particular Product, and to accept them without restriction or reservation. The Seller ensures that acceptance is clear and unreserved by providing a checkbox and confirmation click. 

In all cases, creating an Account and/or placing an Order on the Site constitutes express and unreserved acceptance of the Terms and Conditions. The Buyer acknowledges that they have received the advice and information necessary to ensure that the offer meets their needs. 


2.3. Amendments to the Terms and Conditions

The Seller reserves the right to amend the Terms and Conditions at any time by publishing a new version on its Site. 

In all cases, the applicable Terms and Conditions are those in force on the date of payment (or the first payment in the case of an installment plan) for the Order. 

Article 3: Product Offers


3.1. Product Characteristics

The Seller offers Products relating to electric mobility for sale through its Site. 

The essential characteristics of the Products, their prices, and their terms and methods of use are made available to the Internet User and/or Buyer on the Site. Contractual information relating to the Products is provided in French. 

The Internet User and/or Buyer acknowledges that illustrations or photos of the Products offered for sale are not contractually binding. 

The Products offered on the Site comply with the applicable requirements relating to personal safety and health, fair commercial practices, and consumer protection.


3.2. Product Prices

In accordance with Article L.112-1 of the Consumer Code, the Buyer is informed of the prices and specific terms of sale of the Products before placing any Order. 

Prices for Products sold on the Site are shown in euros, inclusive of all taxes, and are specified on the Product description pages. These prices exclude delivery costs, charges for certain types of packaging, and the cost of any other optional services selected by the Buyer (which are charged in addition). Any such charges are displayed to the Buyer when placing the Order and, in any event, when confirming the Order. 

Product prices are also shown in euros, inclusive of all taxes, on the Product order page. In any event, the total amount payable by the Buyer is shown on the Order confirmation page. 

The Seller reserves the right to change its prices at any time, while guaranteeing that the price displayed at the time the Order is placed will apply. 

The User is also informed that any telecommunications costs required to access the Site are their responsibility. 


3.3. Product availability

The Product offers presented by the Seller remain valid for as long as they appear on the Site and while stocks last. 

The Seller undertakes to provide the Buyer with clear information on the Product description page regarding the Product’s availability or any estimated restocking dates. 

The Seller undertakes to make every effort to ensure that the Site reflects current Product stock levels. If an ordered Product turns out to be unavailable, the Seller will inform the Buyer, who may agree to a new delivery date, request a credit for the price of the Product, or request cancellation of the Order and a full refund.

Article 4: Order and payment procedure


4.1. Order procedure

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Buyer is informed that the Order is placed by following these steps:

  • The Buyer selects one or more Products to add to their cart, choosing the options offered and the desired quantity. The cart can be modified freely before confirming the Order. 
  • To confirm their Order, the Buyer must tick the box indicating acceptance of the Terms and Conditions and click “Proceed to payment.” 
  • The Buyer is then invited to enter their contact details or log in to their Account, and then chooses their delivery method. 
  • After confirming this information, the Buyer selects the payment method they wish to use for the Order and enters the required payment details.
  • The Buyer must then enter their billing details and click “Place order” to confirm the Order. Before confirming the Order, the Buyer may review the details of their Order and its price, correct any errors, or cancel the Order.
  • The Order will be considered final once the Buyer has paid the price. The Buyer will receive an email confirming payment for the Order and its confirmation. 

The terms of the offer are sent to the Buyer by email after the Order is confirmed and archived on the Seller’s Website. Communications, the Order, Order details, and invoices are archived on a reliable and durable medium to ensure an accurate copy is retained. This information may be submitted as evidence of the Contract. 

The Seller reserves the right to refuse any Order it considers abnormal, made in bad faith, or in breach of a third party’s rights.


4.2. Payment terms

Payment in full

The Buyer may pay for their Order by bank card, Bitpay, ApplePay, or Paypal. The bank cards used must be issued by French banks. Otherwise, a bank card issued by a bank based outside France must be an international bank card (Mastercard or Visa).

Payment is due immediately upon placing the Order, including for Products on pre-order. Once the Buyer has made the payment, the transaction is immediately debited after the banking information has been verified. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. 

The Seller guarantees the security and confidentiality of payments made on the Website by bank card by using payment providers to process payments: STRIPE PAYMENTS EUROPE, LIMITED, a company incorporated under Irish law, with its registered office at C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin (D01 H104), and by using SSL (Secure Socket Layer) protocol encryption, or the payment system of SHOPIFY INTERNATIONAL Ltd, 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland. 

By providing their banking information when confirming the Order, the Buyer authorizes the Seller to charge their card for the stated price. In this regard, the Buyer confirms that they are the legal cardholder and are legally entitled to use the card. If an error occurs or the card cannot be charged, the Order will be canceled immediately, and the Buyer will not be entitled to any compensation in this respect. 

Payment in installments

The Buyer may pay for the Order in installments. Depending on the installment plan chosen by the Buyer, fees and interest may apply. 

ALMA, a simplified joint-stock company registered with the Nanterre Trade and Companies Register under number 839 100 575, with its registered office at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, and the Seller's partner, offers installment payment solutions.  

Interest-free installment payments are available to (i) adults (ii) holding a Visa, Mastercard, American Express, or Cartes Bancaires card issued by a French bank, (iii) valid for at least 3 months after the first due date, and (iv) whose use is not subject to prior authorization (in particular, Visa Electron and Maestro cards). However, access to installment payments is subject to ALMA's decision, and ALMA may refuse the Buyer access, particularly in cases of suspected insolvency or fraud.

For payments in several monthly installments, the first installment will be charged on the date the Order is placed, and subsequent installments will be charged according to the terms specified by the Seller's payment partner at the time of the Order, namely ALMA. 

The Buyer's rights of access and objection may be exercised by contacting Alma SAS – Customer Service – 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine. For any questions about a payment or refund, the Buyer may contact Alma at support@getalma.eu .

The Buyer undertakes to ensure that the payment card used for the installment payment remains valid until the final installment is due, and that there are sufficient funds in their bank account. Under no circumstances shall the Seller be held liable for fees related in particular to an early direct debit or insufficient funds in the Buyer's bank account.

 

Article 4.3: Specific Terms for Resellers Granted Payment Terms

  1. Granting of Payment Terms
    • Ritmic reserves the right, at its sole discretion, to grant payment terms to selected customers and to set a maximum credit limit for each of these customers.
    • The specific terms relating to the payment period and credit limit are defined and communicated to the customer concerned by email.
  2. Modification of Terms
    • Ritmic reserves the right to unilaterally modify, at any time, the payment terms, the payment periods granted, and the authorized credit limits. Any changes will be notified to the customer by email and will take effect immediately upon notification.
  3. Payment Obligations
    • Any amount due that exceeds the authorized credit limit must be paid immediately.
    • Deferred payments must be made via SEPA direct debit through the GoCardless platform. Ritmic schedules the direct debits according to the established due dates, and the customer is notified by email when the direct debit is set up and three days before the due date.
  4. Failed Payment
    • In the event of a failed direct debit, Ritmic reserves the right to immediately suspend any new payment period for the customer concerned.
    • If three direct debits fail within a twelve-month period, Ritmic reserves the right to cancel any payment period previously granted to the customer.

By accepting these terms, the customer agrees to comply with the stated terms and acknowledges having understood the obligations and the consequences of failing to comply with them.

 

Article 5: Delivery


5.1. Delivery terms

Products sold on the Site can be delivered to mainland France, Corsica, and countries within the European Union, subject to specific restrictions. In any event, if the Buyer selects an address in a country to which delivery is unavailable, they will be immediately informed that the Product(s) cannot be shipped to the address provided and that they cannot proceed with their Order.

Delivery costs for the selected destination are specified when placing the Order. 

Delivery will be made to the address provided by the Buyer when placing the Order. In this regard, the Buyer undertakes to provide accurate, truthful, and up-to-date contact details. 

Products will be delivered under the terms and conditions offered to the Buyer when placing the Order and selected by the Buyer. After the Order is confirmed, the Buyer will receive a confirmation email restating the delivery terms and providing information to track the Order. 


5.2. Delivery times

Orders placed before 12 p.m. (noon) are shipped within 48 business hours, unless a specific timeframe is stated on the page for the Product purchased.

The stated delivery times do not include Order processing time. 

When delivery requires an appointment with the Buyer, the carrier will contact the Buyer directly to agree on a delivery time slot. 

When the Buyer places an Order that includes several Products, they may be subject to different delivery times. In this case, the Seller will ship the available Product(s) in an initial shipment and send the remaining Products later once they become available. 


5.3. Delivery delay

The Seller undertakes to make its best efforts to meet the delivery times specified when the Order is placed. If an Order includes Products with different delivery dates, the final delivery date will be the latest of those dates. 

If delivery is delayed due to the Seller, the Buyer will be informed by email of the delay and the new estimated delivery date. In the event of a delivery delay, the Buyer may also contact the Seller’s Customer Service Department or email them at support@ritmic.co. 

If the Seller fails to deliver the Order within the agreed timeframe, the Buyer may, after unsuccessfully giving the Seller notice to perform its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The Seller will then refund the amounts paid by the Buyer under the conditions set out in Article L 216-3 of the Consumer Code.

The Seller shall not be held liable for any consequences resulting from delayed delivery or a lost parcel caused (i) by a third party to the transport contract, (ii) by the Buyer, or (iii) by an event of force majeure as defined by the applicable regulations and interpreted by the French courts. 

The Seller may also suspend delivery on its own initiative if the payment made by the Buyer is rejected by the card issuer, without the Buyer being entitled to any compensation in this respect.


5.4. Product not received

If a parcel shipped within the indicated timeframes is not received, the Buyer may notify the Seller via the Customer Service team or by email at support@ritmic.co so that an investigation can be conducted with the carrier.

This process may take up to twenty-one (21) business days from the date the investigation is opened. If the Product is found during this period, it will be rerouted to the address originally provided when the Order was placed. However, if the parcel is not found by the end of this period, it will be considered lost by the carrier. In this case, the Buyer will be refunded the amounts paid within one (1) month following the end of the investigation period. No refund or reshipment will be made during the investigation period.


5.5. Receipt of the Products

Upon receipt of the Products, the Buyer undertakes to check that the Products delivered conform to the Order and, if they do not, to note any irregularities concerning them on the delivery slip as handwritten reservations, accompanied by the signature of the person who received the Order. 

The Buyer is informed that the risk of loss of or damage to the Products is transferred to them when they, or any third party they have designated, take physical possession of the Products. 

When the Buyer entrusts delivery of the Products to a carrier other than the one offered by the Seller, the risk of loss of or damage to the Products is transferred to the Buyer when the Products are handed over to the carrier.

The Buyer is informed that delivery of the Products does not include commissioning, demonstration, or installation of the Products.

Article 6: Retention of title


By way of derogation from Article 1583 of the French Civil Code, the Products sold and delivered remain the Seller’s full property until the Buyer has paid the price in full. 

If the Buyer fails to pay, the Products delivered must be returned immediately at the Buyer’s expense and risk.

Article 7: Right of Withdrawal / Order Cancellation

 

Article 7.1: Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, you have 14 calendar days from receipt of your items to exercise your right of withdrawal without having to justify your decision or incur any other costs.

If your order consists of several items delivered separately, the period starts upon receipt of the last item.

To exercise your right of withdrawal, you must notify Elwing Tech of your decision either by completing the withdrawal form provided below in the General Terms and Conditions of Sale, or by any clear correspondence expressing your intention to withdraw:

  • Or by post at the following address: Elwing Tech company, 87 Quai des Queyries, 33100 Bordeaux;
  • Either by email by clicking this link

For further information about how to exercise your right of withdrawal, you can contact us using the contact form on the website www.ritmic.co.

If you exercise your right of withdrawal, we will refund the amounts paid, including the cost of delivery:

  • no later than 14 days from the date we are informed of your decision to withdraw, with this date deferred until we receive the returned item(s) or proof that they have been shipped, whichever occurs first;
  • using the same payment method used for the order, unless the parties agree on another refund method.

If you chose a delivery method that costs more than the standard delivery method, your delivery costs will be refunded up to the cost of standard delivery.

You must send back or return the item(s) within 14 days of notifying us of your decision to withdraw.

The right of withdrawal does not apply to the following contracts:

  • Contracts for the supply of goods made to the consumer’s specifications or clearly personalized.
  • Contracts for the delivery of goods that are liable to deteriorate or expire rapidly.
  • Contracts for the supply of goods which, after delivery, are inseparably mixed with other items

Article 7.2: Return conditions

When do I need to return the item?

You can return the item free of charge within 14 days of receiving the parcel.

How do I return the item?

Return the item in the box it was sent to you in, or in an identical box (reinforced, same size) if the original was damaged.

Please note that retail packaging is not suitable for shipping goods.

To protect the item's original box, pack it inside an outer box for the return, as it was when originally shipped.

What are the requirements for your return to be accepted?


For your return to be accepted, the product must be:

  • New and in perfect condition, with no signs of use.
  • In its original, undamaged packaging.
  • Including all accessories, tags, instructions, and covers.

Returns will not be accepted if the returned items have been visibly used or damaged by you, and this use or damage makes them unsuitable for sale. If a defect appears following use, you may contact after-sales service under the product warranty (see the After-Sales Service section).

 

Please note: Customer Service reserves the right to refuse the return if any of the conditions are not met. The parcel will then be sent directly back to you. 

Exceptions 

For hygiene and safety reasons, certain items are excluded from the return policy:

  • Underwear

  • Caps and beanies

  • Gazebos

  • Unsealed cleaning products: aerosols, sprays, cleaning wipes, oils and greases

Non-compliant return / return of the wrong product.

If you return a product that does not meet the acceptance criteria or return the wrong product, Ritmic will email you to arrange for it to be returned to a pickup point at your expense.

If you do not collect this reshipment, our carrier will automatically return the parcel to us. Once we receive it, we will inform you that you have 2 months from the date of the email to pay the reshipping costs.

If you would like Ritmic to send the item again, shipping costs will be charged in advance.

After this two-month period, Ritmic will become the owner of the item pursuant to Article 2276, paragraph 1 of the Civil Code. Ritmic reserves the right to destroy the item and shall not be held responsible for its destruction.

How do I request a return?

You can exchange your product, choose store credit, or request a refund. The process will be explained to you step by step, but make sure to print the summary to include in your parcel.

  • If you live in mainland France, Belgium, or Luxembourg, also print the shipping label (which you will also receive by email), the cost of which is covered by Ritmic. You can drop off the package at the relay point of your choice. Please allow an average of 6 to 8 business days (from the date you drop off the package at the relay point) for it to reach us and for us to process your request (exchange, credit note, or refund).

  • If you do not live in mainland France, Belgium, or Luxembourg, you can return the package using the carrier of your choice (at your own expense). You will receive an email confirming that your return has been registered. When returning your package, you must indicate on the customs form that it is a returned item; otherwise, customs duties and taxes will be charged when the package arrives at our premises. If you request an exchange outside the European Union, customs authorities may ask you to pay the duties and taxes again when your replacement item arrives.


Article 7.3: Order cancellation

The Buyer may cancel their Order within forty-eight (48) business hours of the time the Order was placed, without having to provide any reason. This cancellation request may be sent to Customer Support or by email to the address support@ritmic.co.  

If the Order has not yet been shipped, the Seller will cancel the Order and refund the amounts paid. The refund will be issued within fourteen (14) days of the cancellation request. 

If the order has been shipped, the Seller will ask the Buyer to refuse the package upon delivery and will refund the amounts paid as soon as the package is received at its warehouses. 

The refund will be issued using the payment method used by the Buyer when placing the Order.

Article 8: Warranties


Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the Products sold, in accordance with Articles L.217-3 to L.217-4 of the Consumer Code and Articles 1641 to 1648 of the Civil Code. To ensure that the Buyer is clearly informed, the provisions relating to applicable legal warranties are reproduced in Appendix 2 to these Terms and Conditions. 

The Seller specifically reminds the Buyer that: 

  • has a period of 2 years from delivery of the goods to take action against the Seller; 
  • that they may choose between replacement and repair of the goods, subject to the conditions set out in Article L.217-9 of the Consumer Code;
  • that they do not have to prove the existence of a lack of conformity of the goods during the two years following delivery of the goods.

The Seller therefore agrees to refund the Buyer or exchange any Products that are defective or do not correspond to the Order placed. 

Refund requests must be sent by email to support@ritmic.co, or by registered mail to: ELWING TECH – Customer Service – 87 quai de Queyries, 31100 Bordeaux. The Buyer agrees to provide a precise description of the reasons for the lack of conformity.

Any return of Products under the statutory warranties specified above must be sent to the following address: ELWING TECH – Customer Service – 87 quai de Queyries, 31100 Bordeaux.

These warranties shall be implemented at no cost to the Buyer.

Article 9: Liability


The Seller shall not be held liable for failure to perform the Contract due to force majeure, as defined by applicable regulations and interpreted by the French courts, the Buyer’s fault, or the unforeseeable and unavoidable act of a third party.  

The Seller shall not be liable for any improper use of the Products by the Buyer.

Similarly, the Seller shall not be liable for indirect damages such as, without limitation, loss of profit, loss of use, commercial loss, loss of equipment, and, in general, any damage that was not foreseeable when using the Site or placing the Order.  

If a defective Product causes damage to the Buyer, the compensation paid to the Buyer will be limited to the replacement price of the defective Product.

Article 10: Customer service / Mediation


10.1. Customer service

The Buyer may submit any question or complaint by contacting the Seller’s customer service department using the following contact details: by email at support@ritmic.co, or by registered mail to: ELWING TECH – Customer Service – 87 quai de Queyries, 31100 Bordeaux. 

When contacting the Seller’s customer service department about an ongoing Order, the Buyer agrees to provide the Order number and their contact details to expedite the handling of the request. The Seller’s customer service department will endeavor to offer the Buyer a solution within seven (7) days of being contacted.


10.2. Mediation

If the complaint submitted to the Seller’s customer service department is unsuccessful, or if no response is received within two months, the Buyer may refer the dispute to a mediator under the conditions set out in Articles L.611-1 et seq. of the French Consumer Code. 

The solution proposed by the mediator is not binding on the Parties, who remain free to end the mediation process at any time. 

The Buyer may also contact the European Commission’s online dispute resolution platform, available at: ec.europa.eu/consumers/odr, which will attempt, independently, to bring the Parties together with a view to reaching an amicable solution. 

Article 11: Intellectual property rights


The Internet User and/or Buyer acknowledges that all trademarks, domain names, products, software, images, videos, texts and, more generally, all distinctive signs and content protected by intellectual property rights are and remain the exclusive property of the Seller or the relevant rights holder. No intellectual property rights are transferred under these Terms and Conditions. 

Any total or partial reproduction, modification or use of these marks, other than for the use of the Products, is strictly prohibited without the prior express written consent of the relevant rights holders.

Article 12: Personal data protection

Use of the Site and placing an Order under the conditions described in the Terms and Conditions entail the processing of the Internet User’s and/or Buyer’s personal data by the Seller and, where applicable, its partners.

We share data relating to your order with the insurance provider. This data is shared solely for the specific purpose of offering you products suited to your purchase. The insurance provider may retain the shared data for 30 days. Once this period has elapsed, all personal data will be securely and permanently deleted.

The details of this processing are set out in the Privacy Policy, which forms an integral part of the Terms and Conditions.

 


Article 13: Referral program

The Seller offers a referral program that allows any Buyer or Internet User who requests to participate (hereinafter the « Referrer ») to refer a potential Buyer (hereinafter the « Referred Friend ») in order to benefit from advantages under the conditions set out below. 

The referral program is managed by the Seller via the Loyoly application, published by AURA CORP. SAS, whose information is available on the following website: https://www.loyoly.io/fr  


13.1. How it works and Benefits

The benefits and terms of the loyalty and referral program are listed on this page: https://ritmic.co/pages/fidelite-parrainage.


13.2. General provisions

The detailed terms and conditions applicable to the referral program are available on the page https://ritmic.co/pages/fidelite-parrainage, which form an integral part of the Terms and Conditions.

Participation in the referral program constitutes full and unconditional acceptance of the Terms and Conditions.

Any changes to the referral program will be announced on the page https://ritmic.co/pages/fidelite-parrainage. The Seller reserves the right to limit mass and systematic referrals intended solely for commercial or financial purposes. The Seller also reserves the right to reject any referral that does not comply with the spirit of this article and to cancel any resulting benefits and other discounts.

The seller reserves the right to modify or terminate the program (terms and benefits) unilaterally and without notice.

Any abusive or fraudulent conduct by the Referrer or Referee in using the referral offer shall result in the automatic termination of the referral program.

 

Article 14: Miscellaneous provisions


A Party’s failure to invoke any provision of the General Terms and Conditions shall in no way constitute a waiver of the benefit of that provision. 

The nullity, unenforceability or, more generally, ineffectiveness of any provision of the Contract shall not affect the remainder of the Contract, which shall be performed as if that provision had never existed, provided that the provision is not a determining factor in a Party’s consent and does not undermine the balance of the Contract. 

Any amendment to the contract shall be valid only if agreed to in writing in advance by the other Party. 

Article 15: Jurisdiction and applicable law


The General Terms and Conditions are governed by French law and applicable French regulations.

Any dispute relating to the conclusion, interpretation, application or termination of the General Terms and Conditions shall fall under the exclusive jurisdiction of the French courts. 



APPENDIX 1

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of ELWING TECH – Customer Service – 87 quai de Queyries, 31100 Bordeaux, support@ritmic.co,

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods: _____________________________________________________________

Ordered on ______________________/received on ____________________________:

Name of the consumer(s): _____________________________________________________

Address of the consumer(s): ___________________________________________________
________________________________________________________________________________

Signature of the consumer(s) (only if this form is being submitted on paper):
Date:
(*) Delete as appropriate.

APPENDIX 2

Legal guarantee of conformity (extract from the Consumer Code)

Article L217-4:

The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, where the latter was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.

Article L217-5:

The goods conform to the contract:
1° If it is suitable for the use normally expected of similar goods and, where applicable:
- if it matches the description given by the seller and has the qualities the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer or their representative, particularly in advertising or on labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special purpose sought by the buyer, brought to the seller's attention and accepted by the seller.

Article L217-9:

In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods.
However, the seller may refuse to comply with the buyer's choice if that choice entails a cost that is manifestly disproportionate to the other option, given the value of the goods or the significance of the defect. In that case, unless impossible, the seller must proceed with the option not chosen by the buyer.

Article L217-10:

If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded.
The same option is available to the buyer:
1° If the remedy requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this remedy cannot be implemented without major inconvenience to the buyer, given the nature of the goods and the use sought by the buyer.
However, the sale may not be rescinded if the lack of conformity is minor.

Article L217-12:

An action based on lack of conformity is time-barred two years from delivery of the goods.

Warranty for defects in the item sold (extract from the Civil Code)

Article 1641:

The seller is liable for hidden defects in the item sold that make it unfit for the purpose for which it is intended, or that so diminish its usefulness that the buyer would not have purchased it, or would have paid a lower price, had they known of them.

Article 1644:

In the cases covered by Articles 1641 and 1643, the buyer may choose to return the item and have the price refunded, or keep the item and have part of the price refunded.

Article 1648:

An action based on redhibitory defects must be brought by the purchaser within two years of discovering the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year of the date on which the seller may be discharged from liability for apparent defects or apparent lack of conformity.