Terms and Conditions

ARTICLE 1 – Scope of Application

These General Terms and Conditions of Sale (hereinafter referred to as 'GTC') apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ('The Customers or the Customer'), wishing to acquire the products offered for sale by the Seller on the MTO Brothers website. The Products offered for sale on the site are the following: spare parts, batteries, chargers, and other mechanical or electronic parts for electric motorcycles.

The main characteristics of the Products and in particular the specifications, illustrations, and dimensions or capacity indications of the Products, are presented on the MTO Brothers website, which the customer must acknowledge before ordering.The choice and purchase of a Product are the sole responsibility of the Customer.The Product offers are valid within the limits of available stock, as specified at the time of order placement.

These GTC are accessible at any time on the MTO Brothers website and will prevail over any other document.The Customer declares to have read and accepted these GTC by checking the box provided for this purpose before the implementation of the online ordering procedure on the MTO Brothers website.Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:
Buzeo Digital, SAS with a capital of 10,000 euros
Registered in the Lyon Trade and Companies Register under number 802 643 593
12 rue du Professeur Leriche, 69110 Sainte Foy lès Lyon
Intracommunity VAT number FR75802643593

Unless otherwise stated, the Products presented on the MTO Brothers website are offered for sale worldwide.

In the case of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.For all Products shipped outside the European Union and the DOM-TOM, the price will be calculated automatically excluding taxes on the invoice.Customs duties or other local taxes or import duties or state taxes may be payable. These will be the responsibility and sole responsibility of the Customer.

ARTICLE 2 – Prices

The Products are provided at the rates in effect listed on the MTO Brothers website at the time of order registration by the Seller.Prices are expressed excluding and including VAT upon order confirmation.The rates take into account any discounts that may be granted by the Seller on the MTO Brothers website.These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include processing, shipping, transport, and delivery fees, which are invoiced in addition, under the conditions indicated on the website and calculated prior to the order placement.The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the responsibility of the Customer to select on the MTO Brothers website the Products they wish to order, according to the following procedures: the customer adds the desired product via the 'add to cart' button on the product page (they may choose their options). When they wish to validate their cart, they go to the cart page to check its contents and then proceed to the checkout page to enter their delivery, billing information, and make the payment for their order.

The Product offers are valid as long as they are visible on the website, within the limits of available stock.The sale will only be considered valid after full payment of the price. It is the responsibility of the Customer to verify the accuracy of the order and to report any errors immediately.Any order placed on the MTO Brothers website constitutes the formation of a distance contract between the Customer and the Seller.The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.The Customer can track the progress of their order on the website.

ARTICLE 4 – Payment Terms

The price is paid via secure payment, according to the following methods: payment by card or bank transfer or through online payment solutions (PayPal, Klarna…).

The price is payable in full by the Customer on the day the order is placed.

The payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment provider handling the banking transactions carried out on the MTO Brothers website.

Payments made by the Customer will only be considered final after the actual receipt by the Seller of the amounts due.The Seller will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

ARTICLE 5 – Deliveries

The Products ordered by the Customer will be delivered to the address indicated by the customer.

Deliveries take place within a period of 48-72 hours and up to 5 business days depending on the delivery destination indicated by the Customer at the time of their order on the site.

Delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Unless there is a special case or unavailability of one or more Products, the ordered Products will be delivered all at once.The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the above-mentioned deadlines.

If the ordered Products have not been delivered within a period of 30 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or retention.

Deliveries are ensured 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.

When the Customer has taken care of using a carrier of their choice, the delivery is deemed to have been made as soon as the Seller hands over the ordered Products to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no recourse against the Seller in the event of a failure to deliver the transported goods.

In the event of a special request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of an additional specific invoice, based on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. They have a period of 24 hours from the delivery to make claims through the contact form, accompanied by all relevant supporting documents (photos in particular). After this period and in the absence of compliance with these formalities, the Products will be deemed to conform and free from any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will refund or replace, as soon as possible and at its expense, the delivered Products whose non-conformities or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Terms and Conditions.

The transfer of the risks of loss and deterioration related to them will only be made when the Customer physically takes possession of the Products. The Products therefore travel at the risk and peril of the Seller unless the Customer has chosen the carrier themselves. In this case, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 – Transfer of Ownership

The transfer of ownership of the Products from the Seller to the Customer will only be realized after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 – Right of Withdrawal

According to the provisions of Article L221-18 of the Consumer Code 'For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good'.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site, or any other unambiguous statement expressing the intention to withdraw, and in particular by postal mail addressed to the Seller at the postal or email coordinates indicated in ARTICLE 1 of the GTC.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their resale in new condition, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products are not taken back.The return shipping costs are the responsibility of the Customer.The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 – Seller's Responsibility – Warranties

The Products provided by the Seller benefit from:

the legal conformity warranty, for defective, damaged, or non-compliant Products,
the legal warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use.

Provisions relating to legal warranties Article L217-4 of the Consumer Code “The seller is obliged to deliver a good conforming to the contract and is responsible for conformity defects existing at the time of delivery. He is also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.”

– Article L217-5 of the Consumer Code

“The good is in conformity with the contract:

1° If it is fit for the usual use expected of a similar good and, if applicable:

if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
if it presents the qualities that a buyer can legitimately expect given the public declarations made by the seller, the producer, or their representative, notably in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, known to the seller, and that the latter has accepted.”

– Article L217-12 of the Consumer Code

“The action resulting from the defect of conformity is prescribed by two years from the delivery of the good.”

– Article 1641 of the Civil Code

“The seller is responsible for the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.”

– Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.”

– Article L217-16 of the Consumer Code

“When the buyer requests from the seller, during the course of the commercial warranty that has been granted to him upon the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the provision of the good in question for repair, if this provision is subsequent to the request for intervention.”

In order to assert his rights, the Client must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery. The Seller will refund, replace, or repair the Products or parts under warranty deemed non-conform or defective.

The shipping costs will be refunded based on the invoiced rate and the return costs will be refunded upon presentation of the receipts. The refunds, replacements, or repairs of the Products deemed non-conform or defective will be carried out as soon as possible and at the latest within 30 days following the Seller's determination of the conformity defect or the hidden defect. This refund can be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which is the responsibility of the Client to verify,
in case of misuse, professional use, negligence, or lack of maintenance on the part of the Client, as well as in case of normal wear and tear of the Product, accident, or force majeure.

The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller. The Seller's warranty is, in any case, limited to the replacement or refund of non-conform or defective Products.

Water Resistance

Our batteries and electronic parts are designed for normal road and off-road use. The controllers are IP68 and our batteries are IP64, meaning they are resistant to splashes, rainwater, and dust.

The resistance to splashes, water, and dust is not permanent and may decrease over time with normal use. Damage caused by liquid is not covered by the warranty.

The electronic parts as well as the batteries are not designed to withstand immersion or pressurized water (high-pressure washing).

To avoid any damage caused by liquids, avoid the following:

immersing the motorcycle or the products,
high-pressure washing or washing with hot water,
cleaning with acidic or corrosive products (detergent, solvent, degreaser…).

ARTICLE 9 – Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data that are collected on the MTO Brothers website are the following:

Order of Products

When ordering Products by the Client: Names, first names, postal address, telephone number, and email address.

Payment

In the context of the payment of the Products offered on the MTO Brothers website, it records financial data relating to the bank account or credit card of the Client/user.

9.2 Recipients of Personal Data

The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sales and delivery service of the Products. The categories of co-contractors are: transport service providers and payment service providers.

9.3 Data Controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of Processing

Unless the Client expresses their explicit consent, their personal data are not used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will retain the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.

9.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical security measures in the field of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the Rights of Clients and Users

In accordance with the applicable regulations on personal data, the Clients and users of the MTO Brothers website have the following rights:

They can update or delete the data concerning them directly from their customer account or by submitting a request through the contact form.

They can delete their account by writing to the email address indicated in Article 9.3 “Data Controller”.

They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 “Data Controller”.

If the personal data held by the Seller are inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 “Data Controller”.

They can request the deletion of their personal data in accordance with the applicable data protection laws by writing to the address indicated in Article 9.3 “Data Controller”.

They can also request the portability of the data held by the Seller to another provider. Finally, they can object to the processing of their data by the Seller.

These rights, provided they do not oppose the purpose of the processing, can be exercised by submitting a request by mail or by email to the Data Controller whose contact details are indicated above. The Data Controller must respond within a maximum period of one month.

In case of refusal to grant the Client's request, it must be justified. The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring the matter before a judicial authority.

The Client may be invited to check a box whereby they agree to receive informative and advertising emails from the Seller. They will always have the possibility to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the MTO Brothers website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 11 – Applicable Law – Language

These General Terms and Conditions of Sale and the operations resulting therefrom are governed and subject to French law.These General Terms and Conditions of Sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

ARTICLE 12 – Disputes

For any claim, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these General Terms and Conditions of Sale.The Customer is informed that they may, in any event, resort to conventional mediation, with the sectoral mediation bodies in existence or any other alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Customer is informed that they may resort to the Online Dispute Resolution (ODR) platform.All disputes to which the purchase and sale operations concluded under these General Terms and Conditions of Sale relate and which have not been resolved amicably between the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.