The following terms of sale are concluded by the company X6 Innovations SAS incorporated in France (registration number 789 534 864), having its registered office at 128 rue La Boétie 75008 Paris, with a share capital of 1,183.33 Euros, hereinafter referred to as "The Seller" and managing the site perifit.co and its subdomains, hereinafter referred to as "the Site" and, by the consumer and non-professional buyer, hereinafter referred to as "the Buyer", wishing to acquire the products offered for sale by the Seller ("the Product").
Article 1 – Purpose
The following terms of sale define the contractual relationship between the Seller and the Buyer and the conditions applying to any purchase made through the Site. They specify the conditions of purchase, placement of order, payment, and delivery of the Products ordered by the Buyer.
These terms of sale are communicated to the Buyer prior to placing any order and will prevail over any other version or any other document.
The acquisition of a product through the Site implies an unconditioned acceptance by the Buyer of the present conditions of sale, which the Buyer acknowledges having read prior to ordering. The Buyer acknowledges having the required capacity to contract and acquire the products offered on the Site.
The Seller is entitled to modify these terms of sale at any time, in order to comply with any new regulation or in order to improve the use of the Site. Therefore, the applying terms and conditions will be those in force at the date of the placement of the order by the buyer.
The Buyer accepts that the information requested for the conclusion of the contract or sent during its execution be transmitted electronically.
Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
Article 2 - Product
The Product offered is that which appears on the Seller's Site, within the limits of available stocks.
The Seller has the right to modify at any time the range of Products.
The Product is presented on the website with a description of its main characteristics (specifications, illustrations and indications of dimensions or capacity). The photographs and graphics are as accurate as possible but are not binding on the Seller. The Buyer must refer to the description of each Product in order to know its specificities and main characteristics.
Article 3 – Prices
The prices appear on the product page of the Site and are prices in Euros (€) including all taxes (TTC) taking into account the VAT (if applicable) on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The Seller can modify its prices at any time, it being understood that the price appearing on the product page on the day of the order will be the only one applicable to the buyer.
The prices indicated may not include delivery costs, which are invoiced in addition to the price of the products purchased, depending on the type of delivery chosen.
The shipping costs are those specified during the finalisation of the order and are accepted by the validation of the order.
Local taxes, customs duties or customs clearance fees may be requested but their payment is the responsibility of the customer.
An invoice is issued by the Seller and given to the Buyer upon delivery of the Products purchased.
Article 4 – Orders
It is up to the Buyer to select on the Site the Product he/she wishes to order.
No order sent to the Seller by any other way, including by mail or email, will be taken into account.
When placing the order, after having selected and added the Products to the "basket", the Buyer must
- check the basket and possibly correct its content (e.g.: identification and quantity of selected products, corresponding prices, delivery terms and costs),
- validate the basket,
- fill in his contact information,
- choose the delivery method,
- confirm the order
The sale will be considered final only after the confirmation of the acceptance of the order by the Seller by e-mail. The confirmation of an order implies acceptance of these terms of sale, the recognition of having perfect knowledge of them and the renunciation to take advantage of one’s own conditions of purchase. All the provided data and the recorded confirmation will be considered as proof of the transaction.
The Seller has the right to cancel or refuse any order from a Buyer with whom there is a dispute over payment of a previous order.
Right of withdrawal
Under Article L121-18 of the French Consumer Code, the buyer has a period of fourteen (14) working days from the delivery of the order to exercise the right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.
Article 5 – Payment terms
The price is payable in full on the day the order is placed by the Buyer, by secure payment, according to the following methods
- by credit cards: Visa, MasterCard, American Express
- by Paypal
In the event of delay of payment by the Buyer beyond the above-mentioned deadlines, and after the date of payment appearing on the invoice addressed to him, penalties of delay calculated at the monthly rate of 10% of the amount including all taxes of the purchase price appearing on the aforementioned invoice, shall be automatically and by right acquired by the Seller, without any formality or prior notice, and shall result in the immediate payment of all sums due by the Buyer, without prejudice to any other action that the Seller may be entitled to take against the Buyer in this respect.
Payments made by the Customer shall not be considered final until the Seller has received the amounts due.
In addition, the Seller has the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of pending orders made by the Customer.
No additional costs, higher than the costs incurred by the Seller for the use of a payment method, shall be charged to the Buyer.
Article 6 – Delivery
Deliveries are made to the address indicated at the time of the order, which can only be in the agreed geographical area.
It is the responsibility of the customer to inquire with the local authority in his or her country about any limitations on the import or use of the products or services he or she intends to order.
Delivery is constituted by the transfer to the Buyer of physical possession or control of the Product.
Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in one delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are indicative. If the ordered Products are not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or by the Buyer’s fault, the sale may be canceled at the written request of the Buyer under the conditions provided for in the articles L 216-6 and following of the French Consumer Code. The sums paid by the Customer will be then refunded to him at the latest in the fourteen (14) days which follow the date of withdrawal from the contract, excluding any compensation or retention.
Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.
The Buyer is required to check the condition of the products delivered. He/she has 48 hours from the date of delivery to communicate in writing any claims for non-conformity or apparent defect of the delivered Products (for example, damaged package, already opened...), with all the related documents (e.g., photos).
The Seller shall reimburse or replace, as soon as possible and at its own cost, the delivered Products for which conformity defects or apparent or hidden defects have been duly proven by the Buyer, under the conditions provided for in Articles L 217-3 and following of the French Consumer Code and those provided for in the present Terms of Sale (see warranties, in particular).
Article 7 – Retention of ownership
The Seller retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included, regardless of the date of delivery of said Products.
Article 8 – Seller's liability - Warranty
The Products offered for sale comply with the French regulations and their performances are compatible with non-professional usage.
All products supplied by the Seller benefit from the legal guarantee provided by articles 1641 and following of the French Civil Code. In case of non-conformity of a product sold, it can be returned to the Seller that will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made electronically to the customer support. The Buyer has 2 years as from the delivery of the good to contact the Seller. The refund will be made crediting the Customer's bank account or payment card.
The Seller cannot be held responsible in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The warranty does not cover :
- deterioration due to abnormal use or use outside the scope of the originally intended use,
- damage caused by negligence or accident,
- damage caused by improper cleaning not in accordance with the instructions,
- unauthorized maintenance, any attempt to open, repair or modify a device.
Never attempt to open the Product.
Article 9 – Intellectual property - Data processing
9**.1 – Intellectual property**
All items of the Site are and remain the intellectual and exclusive property of the Seller. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, items of the site whether in the form of photo, logo, visual or text or this will be considered an infringement.
9**.2 – Data processing**
In accordance with the French law 78-17 of January 6, 1978, the personal data asked to the Purchaser is necessary to the treatment of its order and the establishment of the invoices.
This data can be communicated to the partners of the Seller in charge of the execution, the treatment, the management and the payment of the orders.
The Buyer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.
Article 10 - Numéro d'IDentifiant Unique (IDU)
The unique identifier FR029532_05OQU6 proving the registration in the register of producers of the EEE sector, pursuant to Article L.541-10-13 of the French Environmental Code has been assigned by ADEME to the company X6 Innovations SAS (789534864). This identifier proves its compliance with its obligation to register with the Register of Producers of Electrical and Electronic Equipment to Ecosystem.
The unique identifier FR029532_06O0IX proving the registration in the register of the Battery industry, pursuant to Article R.541-173 of the French Environmental Code has been assigned by ADEME to the company X6 Innovations SAS (789534864). This identifier proves its compliance with its obligation to register with the Battery industry to Corepile.
Article 11 – Applicable law - Language
These Terms of Sale are governed by French law.
This policy is originally drafted in French. If there is a conflict between a translated version and the French version of these terms then, to the extent permitted under applicable law, the French version shall prevail.
In the event of a dispute, and after all attempts to find an amicable solution have failed, the French courts will have exclusive jurisdiction to resolve the dispute.
Terms of sale modified on 24/03/2022