The following General Sales Conditions (called GSC) define the relations between LITHIUM PLUS SAS and its professional and non-professional clients, natural or legal persons. These relations cover everything from the moment an order is placed until the goods are delivered and paid for.
LITHIUM PLUS is a simplified joint stock company, with a capital of 1 000€, registered at the RCS of Paris under the SIREN number: 884 549 031, intra-community VAT number: FR63884549031.
The headquarters is located at:
118 Rue Lauriston
The LITHIUM PLUS company can be reached either by e-mail "email@example.com" or by phone "07 81 65 81 78".
Any service performed by the company LITHIUM PLUS implies the full acceptance of the buyer to these General Conditions of Sale. These General Conditions of Sale replace and cancel any previous agreement or proposal between the parties. These conditions prevail over the general conditions of purchase of the buyer, unless previously agreed upon in writing by the LITHIUM PLUS company.
Article 1: Entire obligations
These General Conditions describe the entire obligations of the parties. As such, the customer shall accept all the provisions of these General Conditions without reservation.
No other general or specific condition mentioned in the documents sent or given by the customer will be accepted as part of these General Conditions, unless these documents are compatible with these General Conditions.
Article 2: Object
These General Conditions define the rights and obligations of the parties with regard to the on-line sale of goods and services by LITHIUM PLUS to the customer.
Article 3: Contractual documents
The present contract is made up of the following contractual documents, which are listed here in decreasing order of importance:
• These General Conditions.
• The order form.
In case of doubt between the provisions mentioned in the different ranking documents, the provisions of the higher ranking document shall prevail.
Article 4: Implementation - duration
These General Conditions are effective as of the date of signing the order form. The present General Conditions are valid for the duration required for the delivery of the purchased goods and services, and until the guarantees given by LITHIUM PLUS have expired.
Article 5: Electronic signature
The "double click" made by the customer on the order form constitutes an electronic signature which has the same value as a handwritten signature between the parties.
Article 6: Order confirmation
The contractual information will be sent by e-mail at the latest upon delivery or, failing that, to the address provided in the order form by the customer.
We reserve the right to cancel your order, if it contains one or more erroneous information.
Article 7: Proof of transaction
The digital records are stored in the computer systems of the LITHIUM PLUS company in safe conditions. They are considered as proof of the communications, the orders and the payments between the parties.
The order forms and invoices are stored on a reliable and durable support that can be used as proof.
Article 8: Product information
8-a: The LITHIUM PLUS company presents the products to be sold on its website www.lithium-plus.com. The descriptions include all the necessary characteristics to respect article L 111-1 of the French Consumer Code, which allows potential customers to have access to the main characteristics of the products they want to buy before placing an order.
8-b: The products offered by the LITHIUM PLUS company are available while stocks last.
8-c: The product pictures do not fall under this contractual scope. Lithium Plus is not responsible for differences in dyeing baths or color variations on computer screens, which may differ from the pictures shown on the website.
Article 9: Prices
Prices are given in Euro and are applicable only on the date the order form is sent by the customer. They don't take into account the delivery costs, invoiced additionally, which are given before the order is confirmed.
The prices include the V.A.T. applied on the day of the order and any change in the applicable V.A.T. rate will automatically be added to the price indicated on the online store. Full payment must be made at the time of the order. The paid amounts shall under no circumstances be considered as a deposit or a down payment.
Article 10: Payment methods
The customer can choose any of the payment methods mentioned in the order form to pay the order. (Credit card, Paypal, Apple Pay). The customer guarantees to LITHIUM PLUS that he/she has the necessary authorizations to use the payment method when placing the order.
LITHIUM PLUS reserves the right to refuse a delivery or to honor an order from a customer who has not paid in full or in part a previous order or with whom a payment dispute is being processed.
Article 11: Product availability
The order will be delivered no later than 30 days from the day after the customer placed the order.
In case the product ordered is not available (out of stock), the customer will be informed as soon as possible and will have the option to cancel the order. The customer may then request either a refund of the paid amount within 30 days at the latest of the payment, by e-mail to firstname.lastname@example.org, or a product exchange.
Article 12: Delivery terms
The products are delivered to the address given by the customer on the order form.
The delivery deadlines are between 5 days and 30 days maximum.
The customer is responsible for checking the state of the packaging upon delivery and to report any damage caused by the carrier on the order form and to LITHIUM PLUS, within one week.
The customer can request an invoice to be sent to the billing address and not to the delivery address by selecting that option on the order form. We work with Chronopost, Fedex and TNT for shipping.
Article 13: Delivery problems due to the carrier
Any irregularity in the delivery (damage, missing product compared to the order form, damaged packaging, damaged products.) must be noted on the delivery form as "handwritten reservations", along with the customer's signature. The customer will have to confirm this irregularity by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days following the delivery date, stating the reservations.
The customer will have to send a copy of this letter by regular mail to LITHIUM PLUS at the following address: 118 Rue Lauriston 75116 Paris.
Article 14: Delivery mistakes.
14-a: The customer will have to inform LITHIUM PLUS of any delivery mistakes and/or nonconformity of the products in kind or in quality, compared to the information on the order form, on the day of the delivery or at the latest on the first working day following the delivery. Any claim made after this deadline won't be considered.
14-b: This complaint can be made to LITHIUM PLUS by e-mail email@example.com or by phone +33 (0)7 81 65 81 78.
14-c: Any complaint which is not made according to the rules defined above and within the time limits won't be taken into account and will exempt LITHIUM PLUS from any responsibility towards the customer.
14-d: Upon receipt of the complaint, LITHIUM PLUS will assign an exchange number of the product(s) and will communicate it by e-mail or by phone to the customer. A product can be exchanged only after an exchange number has been given to the customer following the procedure described above.
14-e: In case of a delivery or exchange mistake, any product which has to be exchanged or refunded will have to be sent back to LITHIUM PLUS as a whole and in its original packing, by Colissimo Registered mail, to the following address: 118 Rue Lauriston 75116 Paris. Any return will have to be previously reported to the company LITHIUM PLUS to be accepted.
The shipping costs are paid by LITHIUM PLUS, except if the returned product does not match the original declaration made by the customer in the return form.
Article 15: Product guarantee
According to the article 4 of the decree n°78-464 of March 24, 1978, these conditions cannot deprive the customer of the legal guarantee which requires the professional seller to grant a guarantee against all hidden defects of the sold product.
15.1 Upon delivery, the customer is expected to inspect the products immediately to see if they have been damaged during shipping. In case of damage(s), the customer has to inform LITHIUM PLUS in writing as soon as possible, within a maximum of three (3) days after the delivery, by precisely describing the damage and by joining pictures, if possible. Failure to inspect the products and to inform LITHIUM PLUS and/or use the products within this period will constitute proof that the products delivered by LITHIUM PLUS are conform and undamaged.
15.2 In case the delivered products do not comply with the agreement between the two parties, the customer can choose to repair or replace the defective products with new ones or to receive a refund of the invoiced amount.
The customer can decide to use the guarantee against hidden defects of the thing product within the definition of Article 1641 of the Civil Code. In that case, the customer can choose between a sale's resolution or a discounted price in accordance with Article 1644 of the Civil Code.
15.3 The LITHIUM PLUS company offers a 2 year guarantee against any manufacturing defects from the date of delivery. Manufacturing defects do not include
• (a) normal wear and tear,
• (b) short circuit,
• (c) overload,
• (d) deep battery discharge,
• (e) overheating
• (f) LITHIUM PLUS products installed by non-qualified individuals,
• (g) improper use as described in the LITHIUM PLUS user's manual or safety instructions,
• (h) improper use as described in the product specifications;
• (i) force majeure.
15.4 With the exception of the provisions of clause 15.3, LITHIUM PLUS does not, either explicitly or implicitly, and without limitation, guarantee any commercial value or suitability for any particular intended use or any guarantee arising out of a transaction, level of performance or commercial use, and can't guarantee that the product will meet the customer's requirements, perform a specific function or achieve a desired result other than that expressly communicated, in writing, by LITHIUM PLUS.
15.5 Customer liability can't be considered if the customer fails to notify LITHIUM PLUS in writing of the presence of any defect within ten (10) days after discovering the defect, in order to allow LITHIUM PLUS to assess the damage.
15.6 LITHIUM PLUS's liability for any defect that the customer may notice is in all cases limited to the amount invoiced for the concerned products, unless the defect is the result of a serious or intentional error of LITHIUM PLUS.
15.7 The customer is responsible for the shipping costs for the return of the goods under guarantee.
LITHIUM PLUS shall not be liable for (a) damage due to one or more of the conditions referred to in provision 15.3, resulting in damages to LITHIUM PLUS products or any other equipment located near these products, or for (b) consequential damage or (c) loss of earnings or value.
Article 16: Right of withdrawal
a) The costumer has 14 working days to return the products that do not suit him. The customer shall be responsible for the cost of returning the products. This period begins on the day the order is placed. If this period expires on a Saturday, a Sunday or a holiday, it is extended until the next business day. Note that a 10% discount will be applied to any damaged or deteriorated product or packaging, unless we are responsible for the mistake.
Any return will have to be notified beforehand to LITHIUM PLUS by e-mail (firstname.lastname@example.org). A return number will then be assigned to the product. The product will have to be returned by registered Colissimo to LITHIUM PLUS, 118 Rue Lauriston 75116 Paris.
This right of withdrawal is applied without penalty, with the exception of the return costs. In case the right of withdrawal is used, the customer can either ask for a refund, or a product replacement. In case of a replacement, the return shipping costs will be charged to the customer.
In case the right of withdrawal is used, LITHIUM PLUS will do its best to refund the customer within 14 working days.
The customer will then be refunded by check or credit card.
"Only items returned in perfect condition, without any trace of use or installation, suitable for resale by SAS LITHIUM PLUS (assuming that they are returned in their original packaging or in a packaging that offers the same level of protection to the items during their transportation back home) will be accepted. Consequently, items which are returned in an incomplete, damaged or soiled condition will not be accepted.
In accordance with Article L.121-20-2 3° of the French Consumer Code, the right of withdrawal cannot be applied to goods that have been manufactured according to the customer's specifications or that are highly customized:
- Customized wiring according to the customer's specifications: specific cable lengths, specific connectors, added functions;
- Special order (product not appearing in SAS LITHIUM PLUS' online catalog.
- Customized BMS;
- Customized voltage or Ah capacity.
- Customized battery shape or installation.
- Any product modified at the customer's request;
- Any product not appearing on SAS LITHIUM PLUS' online store email@example.com
Article 18: Force majeure
None of the two parties will have breached its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or a force majeure.
Will be considered as fortuitous event or force majeure all events or circumstances deemed unavoidable, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances shall inform the other party within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet within one month, unless this is impossible due to force majeure, to assess the impact of the event and agree on the conditions under which the execution of the contract will continue.
If the event a force majeure lasts for more than three months, these General Conditions may be terminated by the prejudiced party. The following are considered to be cases of force majeure or fortuitous events, in addition to those usually considered by the French courts jurisprudence: transportation or supply blockages, earthquakes, fires, storms, floods, lightning; interruption of telecommunication networks or specific telecommunication network issues that are external to the customer.
Article 19: Partial non-validation
If one or more provisions of these General Conditions are considered invalid or declared as such under a law, a regulation or as a result of a final decision of a competent court, the other provisions will still maintain their full force and scope.
Article 20: Non-waiver
Should one of the parties fail to enforce a breach by the other party of any of the obligations referred to in these General Conditions, it shall not be deemed to be a waiver of the concerned obligation in the future.
Article 21: Title
In case of doubt in the interpretation of any of the titles appearing at the head of the provisions, and any of the provisions, the titles will be declared non-existent.
Article 22: Applicable law
These General Conditions are subject to French law. This applies to the rules of substance as well as to the rules of form.
In case of dispute or complaint, the customer will first contact the LITHIUM PLUS company to reach an amicable solution.
In case of non agreement:
"In accordance with the articles L.616-1 and R.616-1 of the French Consumer Code, we suggest using a consumer mediator. The selected mediator is: CNPM - MEDIATION DE LA CONSOMMATION. In case of dispute, you can file your claim on their website: https://cnpm-mediation-consommation.eu or by regular mail: CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond "
Article 23: Data processing and freedoms
The collection of personal data for online sales is mandatory, as this information is required to process and deliver orders and issue invoices. Failure to provide this information will result in the order not being confirmed.
In accordance with the law, "data processing and freedoms" (article 34 of the law of January 6, 1978), customers have a right of access, modification, correction and deletion of their personal data which they can exercise with LITHIUM PLUS.
Furthermore, LITHIUM PLUS commits not to communicate, for free or against payment, the personal information of its customers to a third party.
These General Conditions can be modified at any time without prior notice.