General Terms of Sale

Updated on April 17, 2024.

Between :

The Company ELWING TECH, 

SAS with a 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 in Bordeaux, and represented by its President, Mr. Quentin Sartorius, duly authorized for the purposes hereof; 

Hereinafter the «Seller » or «Ritmic»

And : 

The individual Internet user purchasing Products offered by the Seller on the Site as a consumer.

Hereinafter referred to as " the Buyer » 

The following has been presented and agreed upon:



Article 1: Definition

Article 2: Scope of Application

Article 3: Product Offers

Article 4: Ordering and Payment Procedures

Article 5: Delivery

Article 6: Retention of Title

Article 7: Right of Withdrawal

Article 8: Guarantees

Article 9: Liability

Article 10: Customer Service / Mediation

Article 11: Intellectual Property Rights

Article 12: Protection of personal data

Article 13: Referral Program

Article 14: Miscellaneous provisions

Article 15: Competent jurisdictions and applicable law

Article 1: Definitions

• GTCS: refers to these General Terms and Conditions of Sale;

• Order: refers to any order of Product(s) placed by the Buyer on the Site;

• Account: refers to the personal online space created by the Internet user and/or the Buyer on the Site;

• Contract: refers to these GTCS, the placing of the Order, and the sale of the Products;

• Internet user: refers to any individual or legal entity accessing and/or browsing the Site;

• Parties: collectively refer to the Buyer / Internet user and the Seller;

• Products: refers to the products offered for sale by the Seller, whose list and detailed description can be viewed on its Site;

• Advisory Service: refers to the instant messaging service made available to the Buyer via the Site to assist in 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: refers to the website operated by the Seller for the presentation and sale of its Products and accessible at https://ritmic.co.

Article 2: Scope of Application


2.1. Purpose of the GTCS

These General Terms and Conditions of Sale (GTCS) define the rights and obligations of the Parties within the framework of the online sale of Products offered by the Seller through the Site. 

They are an integral part of the Contract concluded between the Buyer and the Seller and are fully binding on the Buyer. 

The Internet user and/or the individual Buyer declares to be of legal age or to have parental authorization and to be fully legally capable of entering into a contract under French law. 

The Buyer acknowledges that any Product order must be made for personal use only, excluding any resale or professional use. Any Product order made for resale or professional use must be placed on the Seller’s dedicated platform accessible via the professional space.


2.2. Acceptance of the Terms and Conditions of Sale

Before any Account creation and/or Order placement on the Site, the Internet user and/or Buyer agrees to read these general terms and conditions of sale, and if applicable, the specific sales conditions related to a particular Product, and accept them without restriction or reservation. The Seller ensures that acceptance is clear and unconditional by implementing a checkbox and a validation click. 

In any case, any Account creation and/or Order placement on the Site constitutes express and unconditional acceptance of the Terms and Conditions of Sale. The Buyer acknowledges that they have received the necessary advice and information to ensure the offer meets their needs. 


2.3. Modification of the Terms and Conditions of Sale

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

In any case, the applicable Terms and Conditions of Sale are those in effect on the date of payment (or the first payment in case of installment payment) of the Order. 

Article 3: Product Offers


3.1. Product Characteristics

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

The essential characteristics of the Products, their prices, as well as their conditions and methods of use, are made available to the Internet user and/or Buyer on the Site. Contractual information related to the Products is presented in French. 

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

The Products offered on the Site comply with current regulations regarding the safety and health of individuals, fairness in commercial transactions, 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 conditions of the sale of the Products before placing any Order. 

The prices of Products sold on the Site are indicated in Euros, all taxes included, and are precisely determined on the Product description pages. These prices exclude delivery fees, fees related to certain packaging, or the price of other optional services subscribed to by the Buyer (which are charged additionally). These possible fees are indicated to the Buyer when placing the Order, and in any case at the time of Order confirmation. 

Product prices are also indicated in Euros, all taxes included, on the Product order page. In any case, the total amount due by the Buyer is shown on the Order confirmation page. 

The Seller reserves the right to change prices at any time, while guaranteeing the application of the price indicated at the time of the Order. 

The User is also informed that the telecommunication costs necessary to access the Site remain their responsibility. 


3.3. Product Availability

The Product offers presented by the Seller are valid as long as they appear on the Site and within the limits of available stock. 

The Seller commits to providing the Buyer with clear information on the Product presentation page regarding the availability of the Product or any estimated restocking dates. 

The Seller commits to making their best efforts to keep the Site updated with Product stock. In case of an Order for a Product that turns out to be unavailable, the Seller will inform the Buyer who may either agree on a new delivery date, request a credit note corresponding to the Product price, or request cancellation of the Order and a full refund.

Article 4: Ordering and Payment Procedures


4.1. Ordering Procedures

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

  • The Buyer selects one or more Products to add to their cart by choosing the available options and the desired quantity. The cart can be freely modified before confirming the Order. 
  • To confirm their Order, the Buyer must check the box related to acceptance of the Terms and Conditions, and click on "Proceed to Payment." 
  • The Buyer is then invited to enter their contact details or log in to their Account, then choose their delivery method. 
  • After validating this information, the Buyer selects the payment method they wish to use for the Order and provides the requested payment details.
  • The Buyer must finally enter the billing details, then click on "Confirm Order" to confirm the Order. Before proceeding with the confirmation of the Order, the Buyer has the option to review the details of their Order, its price, correct any possible errors, or cancel their Order.
  • The Order will be considered final after payment of the price by the Buyer. The Buyer will receive confirmation by email of the payment and validation of the Order. 

The terms of the offer are sent by email to the Buyer after Order confirmation and archived on the Seller’s Site. Archiving of communications, the Order, Order details, and invoices is done on a reliable and durable medium to constitute a faithful copy. This information can be used as evidence of the Contract. 

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


4.2. Payment terms

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

Payment is due immediately when placing the Order, including for pre-ordered Products. Once payment is made by the Buyer, the transaction is immediately debited after verification of banking information. 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 Site by credit card by using payment service providers for payment processing, the company STRIPE PAYMENTS EUROPE, LIMITED, an Irish company with its registered office at C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin (D01 H104), and by using an SSL (Secure Socket Layer) encryption system 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 debit their card for the amount corresponding to the indicated price. In this respect, the Buyer confirms that they are the legal cardholder and legally entitled to use it. In case of error or inability to debit the card, the Order is immediately canceled, without the Buyer being entitled to any compensation. 

The Buyer has the option to pay for the Order in multiple 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 and headquartered at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, the Seller’s partner, offers installment payment solutions.  

Interest-free installment payment is reserved for (i) adult natural persons (ii) holders of a Visa, Mastercard, American Express, or Cartes Bancaires credit card issued by a French bank, (iii) valid for at least 3 months after the first installment date, and (iv) whose use does not require prior authorization (notably Visa Electron and Maestro cards). Access to installment payment is subject to ALMA’s decision, which may refuse access to the Buyer in cases of suspected insolvency or fraud.

In the case of payment in multiple installments, the first installment will be debited on the order date, and the following installments will be debited according to the conditions specified by the Seller’s payment partner at the time of the order, namely ALMA. 

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

The Buyer agrees to ensure the validity of the payment card used for installment payments until the final installment and that there are sufficient funds in their bank account. The Seller cannot be held responsible for fees related, in particular, to early withdrawal or insufficient balance in the Buyer’s bank account.

The Seller also offers its customers the Younited Pay credit service for settling their purchases and processing payment. This is subject to the customer's acceptance of the credit agreement offered by Younited Pay.

The Seller (ORIAS no.) acts as a non-exclusive agent in banking operations for Younited Pay and insurance intermediary agent. The Seller assists in carrying out credit and insurance operations without acting as a lender or insurance broker.

Any refusal to grant credit by Younited Pay for an order may result in its cancellation.

Any termination of the GTC binding the customer and the Seller results in the termination of the credit agreement between Younited Pay and the customer.

The amount is paid by a credit granted by Younited Pay registered with REGAFI under number 13156, authorized as a credit institution by the Prudential Control and Resolution Authority (ACPR) - 4 Place de Budapest - CS 92459 - 75436 PARIS CEDEX 09 - www.acpr.banque-france.fr).

If you wish to file a complaint, please refer to the information provided on the Younited website Pay: https://www.younited-credit.com/media/202352/politique-de-gestion-des-reclamations_site-yc_2023-vf.pdf

Article 4.3: Specific Conditions for Resellers Benefiting from Payment Terms

  1. Granting of Payment Terms
  • Ritmic reserves the right to grant, at its sole discretion, payment terms to selected customers, as well as to set a maximum credit limit for each of these customers.The specific conditions related to payment terms and credit limits are defined and communicated to the concerned customer by email.
  1. Modification of Terms
  • Ritmic reserves the right to unilaterally modify, at any time, the payment conditions, granted payment terms, and authorized credit limits. Any change will be notified to the customer by email, with immediate effect upon communication.
  1. Payment ObligationsAny amount due exceeding the authorized credit limit must be paid in cash.Deferred payments must be made via SEPA direct debit through the GoCardless platform. Ritmic schedules the debits according to the established deadlines, and the customer is notified by email when the debit is created as well as three days before the due date.
  2. Direct Debit FailureIn case of a failed direct debit, Ritmic reserves the right to immediately suspend any new payment terms for the concerned customer.If three direct debits fail within a twelve-month period, Ritmic reserves the right to cancel any previously granted payment terms to the customer.

By accepting these terms, the customer agrees to comply with the stated conditions and acknowledges having understood the obligations and consequences in case of non-compliance.

Article 5: Delivery


5.1. Delivery Terms

The Products sold on the Site can be delivered in mainland France, Corsica, and within the countries of the European Union, except for specific restrictions. In any case, when the Buyer selects an address in a country where delivery cannot be made, they are immediately informed of the impossibility to ship the Product(s) to the indicated address and to proceed with their Order.

Delivery fees corresponding to the selected territory 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 agrees to provide accurate, truthful, and up-to-date contact details. 

Products will be delivered according to the conditions and methods offered to the Buyer when placing the Order and selected by them. A confirmation email will be sent to the Buyer after the Order is validated, reminding them of the delivery conditions and providing information to track their Order. 


5.2. Delivery times

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

The indicated delivery times do not include the Order preparation time. 

When delivery requires scheduling an appointment with the Buyer, the Buyer will be contacted directly by the carrier to arrange the delivery time slot. 

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


5.3. Delivery delay

The Seller commits to making its best efforts to meet the delivery deadlines specified when placing the Order. For Orders of Products with different delivery dates, the final delivery date corresponds to the latest date. 

In case of a delivery delay attributable to the Seller, the Buyer will be informed by email of the delay and the new estimated delivery time. The Buyer may also, in case of delivery delay, contact the Seller’s Customer Service or send an email to the address support@ritmic.co. 

In the event the Seller fails to deliver the Order within the agreed timeframe, the Buyer may, after unsuccessfully urging the Seller to fulfill the 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 cannot be held responsible for consequences due to delivery delays or lost packages caused (i) by a third party to the transport contract, (ii) by the Buyer, or (iii) due to a force majeure event as defined by current regulations and interpreted by French courts. 

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


5.4. Product Not Received

In case of non-receipt of a package shipped within the indicated timeframes, the Buyer may notify the Seller via the Customer Service or by email at the address support@ritmic.co so that an investigation can be conducted with the carrier.

This process can take up to twenty-one (21) business days from the date the investigation is opened. If during this period the Product is found, it will be redirected to the address originally provided when placing the Order. However, if the package is not found by the end of the 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 Products

Upon receipt of the Products, the Buyer agrees to check the conformity of the delivered Products with the Order and, if not, to indicate on the delivery note, in the form of handwritten reservations accompanied by the signature of the person who received the Order, any anomalies concerning them. 

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

When the Buyer entrusts the delivery of the Products to a carrier other than the one proposed by the Seller, the risk of loss or damage to the Products is transferred to the Buyer upon handing over the Products to the carrier.

The Buyer is informed that the 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 Civil Code, the Products sold and delivered remain the full property of the Seller until full payment of the price by the Buyer. 

Failure to pay by the Buyer will result in the immediate return of the delivered Products at the Buyer's expense, risk, and liability.

Article 7: Right of Withdrawal / Order Cancellation

Article 7.1: Right of Withdrawal

In accordance with Articles L.221-18 and following of the Consumer Code, you have a period of 14 calendar days from the receipt of your items to exercise your right of withdrawal without having to justify your decision or bear any additional costs.

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

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

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

For any additional information on how to exercise your right of withdrawal, you can contact us via the contact form on the website www.ritmic.co.

In case of exercising the right of withdrawal, we will refund the amounts paid, including the delivery cost:

  • no later than 14 days from the date we are informed of your withdrawal decision, this date being extended until we receive the returned item(s) or proof of their shipment, the date considered being the first of these events;
  • using the same payment method as used for the order, unless another refund method is agreed upon by the parties.

If you chose a delivery method more expensive than the standard delivery, the delivery fees will be refunded up to the cost of the standard delivery.

You must return or give back the item(s) within 14 days following the communication of your withdrawal decision.

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

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

Article 7.2: Return Conditions

When should I return the item?

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

How to 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 commercial packaging is not suitable for transporting goods.

To protect the original box of the item, the return must be made by packing it in an outer carton, as in the original shipment.

What are the conditions for your return to be accepted?

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

  • New and perfectly intact, with no signs of use.
  • In its original, intact packaging.
  • Accompanied by all accessories, tags, manuals, and covers.

No return will be accepted if the returned items have been visibly used or damaged by you, and this use or damage makes these items unsellable. If a defect appears after use, an after-sales service procedure is possible under the product warranty (see After-Sales Service section).

Warning: The After-Sales Service reserves the right to refuse the return if any condition is not met. The package will then be sent back to you directly. 

Exceptions 

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

  • Underwear

  • Caps and beanies

  • Canopies

  • Unsealed maintenance 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 if you return the wrong product, Ritmic will send you an email to arrange the return to a relay point at your expense.

If you do not collect this reshipment, the package will be automatically returned to us by our carrier. Upon receipt, we will inform you that you have a 2-month period from the date of the email to pay the reshipping fees.

If you want Ritmic to send a replacement, shipping costs will be charged in advance.

After this two-month period, Ritmic will become the owner of the item in accordance with Article 2276, paragraph 1 of the Civil Code. Ritmic reserves the right to destroy the item and cannot be held responsible for this destruction.

How to make your return request?

You can exchange your product, choose a credit, or request a refund. The process will be explained step by step, but be sure to print the summary to include with your package.

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

  • If you do not reside in mainland France, Belgium, or Luxembourg, you can return the package to us via the carrier of your choice (shipping costs are your responsibility). You will receive an email confirming the receipt of your return. When returning your package, you must indicate on the customs document that it is a merchandise return; otherwise, customs duties and taxes will be charged to you upon receipt of the package at our premises. If you request an exchange outside the European Union, customs services may require you to pay duties and taxes again upon receipt of your exchange.


Article 7.3: Order Cancellation

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

If the Order has not yet been shipped, the Seller cancels the Order and proceeds with the refund of the amounts paid, which will be effective within fourteen (14) days following the cancellation request. 

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

The refund will be made via the payment method used by the Buyer when placing the Order.

Article 8: Guarantees


Regardless of any commercial guarantee, the Seller remains liable for defects of conformity and hidden defects of the Products sold, in accordance with articles L.217-3 to L.217-4 of the Consumer Code, and 1641 to 1648 of the Civil Code. To ensure clear information for the Buyer, the provisions relating to applicable legal guarantees are reproduced in Appendix 2 of these GTC. 

The Seller notably reminds that the Buyer: 

  • has a period of 2 years from the delivery of the good to take action against the Seller; 
  • that the Buyer can choose between replacement and repair of the good subject to the conditions provided by article L.217-9 of the Consumer Code;
  • that the Buyer is exempt from proving the existence of the non-compliance defect of the good during the two years following the delivery of the good.

The Seller thus commits to refund the Buyer or exchange defective Products or those not matching the Order placed. 

The refund request must be made by email to the address support@ritmic.co, or by registered mail to the address: ELWING TECH – Customer Service – 87 quai de Queyries, 31100 Bordeaux. The Buyer agrees to precisely describe the reasons justifying the non-compliance.

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

The implementation of these guarantees is free of charge for the Buyer.

Article 9: Liability


The Seller cannot be held responsible for non-performance of the Contract due to a force majeure event, as defined by applicable law and interpreted by French courts, fault of the Buyer, or unforeseeable and insurmountable acts of a third party.  

The Seller's liability cannot be engaged in case of non-compliant use of the Products by the Buyer.

Similarly, the Seller's liability cannot be engaged for indirect damages such as, without limitation, loss of profit, loss of use, commercial loss, loss of equipment, and generally any damage that was not foreseeable when using the Site or placing the Order.  

When a defective Product has caused 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 raise any question or complaint by contacting the Seller's customer service using the following contact details: by email at Linksupport@ritmic.co, or by registered mail to the address: ELWING TECH – Customer Service – 87 quai de Queyries, 31100 Bordeaux. 

When the Buyer contacts the Seller's customer service regarding an ongoing Order, they agree to provide the Order number and their contact details to speed up the request processing. The Seller's customer service strives to offer a solution to the Buyer within seven (7) days of contact.


10.2. Mediation

If a complaint to the Seller's customer service fails or if no response is received within two months, the Buyer may submit the dispute to a mediator under the conditions provided for in Articles L.611-1 and following of the 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 accessible at: ec.europa.eu/consumers/odr, who will independently attempt to bring the Parties together to reach an amicable solution. 

Article 11: Intellectual Property Rights


The User and/or Buyer acknowledges that all trademarks, domain names, products, software, images, videos, texts, or more generally any distinctive sign and any content subject to intellectual property rights are and remain the exclusive property of the Seller or the rights holder concerned. No transfer of intellectual property rights is made through these Terms and Conditions of Sale. 

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

Article 12: Protection of personal data

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

We share data related to your order with the Insurance Provider. This data sharing is done solely for the specific purpose of offering you products suited to your purchase. The shared data may be retained by the Insurance Provider for a period of 30 days. After this period, all personal data will be securely and permanently deleted.

The details of this processing are outlined in the Privacy Policy, which is an integral part of the Terms and Conditions.

Article 13: Referral Program

The Seller offers a referral program allowing any Buyer or Internet user who requests it (hereinafter the " Referrer ") to refer a potential Buyer (hereinafter the " Referral "), in order to receive benefits under the conditions defined below. 

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


13.1. Operation and Benefits

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


13.2. General provisions

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

Any participation in the referral program implies full and unconditional acceptance of the Terms and Conditions.

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

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

Any abusive or fraudulent behavior in the use of the referral offer by the Referrer or the Referee will result in the automatic termination of the referral program.

Article 14: Miscellaneous provisions


The fact that one Party does not invoke a provision of the Terms and Conditions of Sale shall in no way imply waiver of the benefit of that clause. 

The nullity, unenforceability, or more generally the lack of effect of any provision of the Contract shall not affect the rest of the Contract, which shall be executed as if the provision had never existed, provided that it does not constitute a determining condition of a Party's consent and does not compromise the balance of the Contract. 

Any contractual modification is only valid after prior written agreement from the other Party. 

Article 15: Competent jurisdictions and applicable law


The Terms and Conditions of Sale are subject to French law and applicable French standards.

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



ANNEX 1

WITHDRAWAL FORM TEMPLATE

(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 submitted on paper):
Date:
(*) Cross out the unnecessary mention.

ANNEX 2

Legal guarantee of conformity (excerpt from the Consumer Code)

Article L217-4:

The seller delivers goods that comply with the contract and is responsible for defects in conformity existing at the time of delivery.
It is also responsible for defects in conformity resulting from packaging, assembly instructions, or installation when this has been assigned to it by the contract or carried out under its responsibility.

Article L217-5:

The goods comply with the contract:
1° If it is suitable for the usual use expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.

Article L217-9:

In case of non-conformity, the buyer chooses between repair and replacement of the good.
However, the seller may refuse to proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, considering the value of the good or the importance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.

Article L217-10:

If repair and replacement of the good are impossible, the buyer may return the good and get a refund or keep the good and receive a partial refund.
The same option is available to them:
1° If the solution requested, proposed, or agreed upon under article L. 217-9 cannot be implemented within one month following the buyer's claim;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, considering the nature of the good and the use sought.
However, the cancellation of the sale cannot be ordered if the non-conformity defect is minor.

Article L217-12:

The action resulting from non-conformity defects expires after two years from the delivery of the good.

Warranty against defects of the sold item (excerpt from the civil code)

Article 1641:

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

Article 1644:

In the case of articles 1641 and 1643, the buyer has the choice to return the item and get a refund, or to keep the item and receive a partial refund.

Article 1648:

The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.