Terms of sale
These Terms and Conditions of Sale determine the rights and obligations of parties within the scope of sales made by the seller ULTIMA Mobility, hereinafter referred to as “ULTIMA Mobility” and any person making a purchase on the website ULTIMA.dev, hereinafter referred to as “the Customer”.The seller ULTIMA Mobility is a company with a share capital of 40,000 euros, registered at the Belfort Trade and Companies Register under number 907 605 190, and with registered office at 5 Rue Gaston Pretot – 25200 Montbéliard – France.
The Customer must be of age or possess parental consent and have the legal capacity to place an order on the above-mentioned websites.
Any delivery of products or services by ULTIMA Mobility as the seller to the Customer shall be subject to these Terms and Conditions exclusively. ULTIMA Mobility reserves the right to adapt or modify these Terms and Conditions at any time. It is therefore understood that the applicable conditions are those in effect on the website at the time of placing the order.
These Terms and Conditions of Sale (hereinafter “Terms and Conditions”) apply to any purchase made by the Customer of Products available on the ULTIMA Mobility online shops (hereinafter “Products”), which are reached via the URL ULTIMA.dev (hereinafter, « the Website »).
These Terms and Conditions apply to any online order of Products via the Website, of Products advertised on the Website, and to any contract relating to the sale of these Products concluded between the Customer and ULTIMA Mobility.
When placing a first order on the Website, the Customer will be required to create an account and confirm acceptance of these Terms and Conditions. The current applicable Terms and Conditions will apply to each order of Products on the Website.
The current ULTIMA Mobility business offer is based on “A la Carte” production !
Our showrooms don't get any stock and our customers have to place orders directly to our Website. It at the entire discretion of the Customer to choose the desired Products on the Website, in accordance with the following procedure :
a) The Customer registers by creating an account, using a personal username and password (if the Customer is not logged on or does not have an account, he/she could make an order as « Guest »).
- b) Placing Products in a cart on the Website is free of obligation. The Customer may also correct any personal information before confirmation of the order using the settings menu provided. The Customer is informed of the current availability of the selected Product as well as available sizes on each dedicated Product page. Sizing charts are available on the Website. Products and corresponding prices are valid so long as they are displayed on the Website. This does not apply to special operations, whose duration of validity is specified on the Website.
c) Confirmation of the order validates all Products placed in the cart. The Customer may select the means and address of delivery and is informed of shipment costs and estimated delivery time. To confirm the order, the Customer must agree to these Terms and Conditions.
d) The procedure is completed when the Customer finalizes online payment.
The Customer will receive email confirmation as soon as the order has been processed and accepted by ULTIMA Mobility. In case of a shortage of supply relating to a Product, ULTIMA Mobility reserves the right to cancel the order and will immediately inform the Customer. If the order contains more than one Product, of which one or more is unavailable, ULTIMA Mobility will immediately inform the Customer of the unavailability; the remaining Products will be processed and dispatched within the timeframe indicated in the above-mentioned confirmation email. In case of unavailability of one or more Products, the Customer has the right to cancel the full order, including available Products; in this case, the Customer must inform the ULTIMA Mobility Customer Service immediately via email.
The order confirmation email validates ULTIMA-Mobility’s acceptance of the order and confirms the sales contract between the two parties. The Customer will receive a shipping confirmation email as soon as the order is ready for dispatch.
Orders are taken exclusively in accordance with the above procedure. For logistical and technical reasons, ULTIMA Mobility is unable to accept orders via telephone, email, fax or postage. The Customer may check the status of his/her order under the « dashboard » tab when logged onto the personal account page on the Website.
Particularities relating to “configurator” Products:
In the instance of an order of a configurator Product (custom bicycle or vehicle), the assembly, color and measurements will be processed according to the information provided by the Customer and will appear on the order confirmation slip sent upon confirmation of the order. The Customer is sole responsible for the information provided. It is expressly stated upon order that the right of withdrawal as detailed below does not apply to any configurator Product, and it is therefore the responsibility of the Customer to be particularly vigilant when composing the order.
At the end of the configuration process, the customer will be asked whether the customer wants to be part of the assembly event at the ULTIMA Mobility Micro-Factory. This option will allow the customer to adjust final configuration while final assembly is ongoing and also to build up his own relationship with the assembly expert.
ULTIMA Mobility has got partners in different locations and visiting these Showrooms could help customer configuration process:
- Getting access to the demonstration of the products
- Custom could get support to set up the configuration
- Service & maintenance will be done at the same showroom address or any retailer
The prices as indicated on the Website apply to all countries within the European Union and include VAT. The prices exclude shipping costs, which are added separately during the payment process if applicable.
For countries outside of the European Union, prices are indicated exclusive of VAT. Customs fees and any other taxes are at the Customer’s expense. ULTIMA Mobility will provide the Customer with an estimate of fees and taxes for informational purposes only, and cannot be held liable for differences in the final costs.
Unless expressly stated otherwise, ULTIMA Mobility will only deliver Products against advance online payment.
All prices are firm and non-negotiable during their period of validity, as indicated on the Website. Outside of this timeframe, ULTIMA Mobility reserves the right to change the prices at any time.
4/ SHIPPING COSTS
Shipping costs differ depending on the delivery option selected by the Customer during the order process. All information relating to shipping costs and delivery is indicated during the “selection of delivery option” step of the order.
All shipping costs are part of the overall product price for EUROPE
All shipping costs are at the Customer’s expense.
The Customer will receive a shipping confirmation email as soon as the order is ready for dispatch, however, the basic product should be delivered within the next 10 days in Europe.
5/ CONDITIONS OF PAYMENT
All payments must be made in EUR (Euro).
The accepted payment methods on the Website are the following:
Klarma (Payment x 3)
Amazon payThe total amount of the order is debited at the time of confirmation of the order by ULTIMA Mobility. Invoices are provided in electronic form only. The Customer may access, download and print order invoices under the « dashboard » tab when logged onto the personal account page on the Website.
ULTIMA Mobility retains full ownership of the Product ordered by the Customer until the latter has fulfilled all obligations relative to these Terms and Conditions, and in particular until full payment has been received.
6/ DELIVERY AND RECEPTION
6-1/ DELIVERY LOCATION
The Customer will receive a shipping confirmation email as soon as the order is ready for dispatch.
ULTIMA Mobility delivers all Products from a unique order at the same time. For orders comprising more than one Product, the delivery time will be based on the Product requiring the longest processing time.
The Customer may follow the status of his/her order under the « dashboard » tab when logged onto the personal account page on the Website.
Orders are shipped in accordance with the following guidelines :
The basic products and 80% of our products coming from the configurator will be delivered within the next 10 days in Europe.
Custom made or special products or small seria of products could be delivered to a ULTIMA Mobility showroom;
Spare parts and accessories: Product delivered to an address specified by the Customer at the time of order if he/she is located in a country comprising ULTIMA Mobility showrooms;
6-2/ DELIVERY PERIOD
ULTIMA Mobility undertakes to make all possible efforts to ensure the Product is delivered to the Customer within the agreed timeframe. The current delivery time is 10 Days and the maximum delivery time is 30 (thirty) days from the date at which ULTIMA Mobility receives full payment of the Product, unless the Customer is expressly informed of a longer delivery time before completion of the order. In the event of late delivery:
The Customer and ULTIMA Mobility may mutually agree on an ulterior delivery date
The Customer may terminate the contract (cancel the order) in accordance with the following procedure:
In the first instance, the Customer bids ULTIMA Moility, via registered mail with confirmation of receipt or any other written request via durable medium (email for example), to deliver the Product within a newly agreed, reasonable time period.
Should ULTIMA Mobility fail to meet the terms of this new delivery agreement, the Customer is entitled to advise ULTIMA Mobility of the termination of the contract, in accordance with the same written guidelines as above.
The order is considered canceled and the contract terminated upon reception of the letter or written notification informing ULTIMA Mobility of the Customer’s withdrawal, unless ULTIMA Mobility has fulfilled the newly agreed requirements between postage or dispatch of the Customer’s written notification, and its reception. ULTIMA Mobility is obligated to refund the total amount of funds received, at the latest 14 (fourteen) days after termination of the contract.
ULTIMA Mobility cannot be held responsible for the non-execution or delays of delivery, or any other contractual obligation, if these are due to a case of force majeure or any other unforeseeable event beyond the will and control of ULTIMA Mobility.
7/ HOME DELIVERY
The Customer will receive shipping email notification.
Should the first attempt at delivery fail for any reason, the carrier will automatically return a second time. If the Product cannot be received, for any reason, at the address provided by the Customer, the carrier will file a notice of passage. The Customer is subsequently responsible for contacting the carrier to determine a new delivery date, no later than 3 (three) working days after receiving the notice. Beyond this period, the parcel will remain in deposit for 10 (ten) days before being returned to ULTIMA Mobility, in which case the order will be considered canceled and the contract terminated. In this situation ULTIMA Mobility will refund any advance funds received but reserves the right to deduct or charge an administrative fee of two hundred euros (€ 200) to cover the costs incurred as a result of the termination of the contract. Delivery costs remain at the Customer’s expense and must be refunded to ULTIMA Mobility.
ULTIMA Mobility cannot be held responsible for delays in delivery caused by :
Unavailability of the Customer
A wrong, incorrect or incomplete delivery address communicated by the Customer
Delivery of the order is considered completed once the Customer has signed the receipt form. The Customer accepts responsibility of the Product as well as the risks associated with the Product from the moment it is in his/her possession.
It is the Customer’s responsibility to inspect the Product immediately upon delivery and take note of any concerns at the time of delivery (for example: unsealed package, damage…). Any concerns must be clearly stated on the receipt form.
If, upon reception and inspection of the Product, it appears that it does not comply with the order form or that it sustained damaged during shipment, it is the Customer’s responsibility to refuse the delivery and, above all, to state all specific concerns on the receipt form.
If the Customer fails to do this, all risks associated with the Product are transferred to the Customer from the moment it is in his/her possession.
If the Product is returned because it does not comply with the order form or sustained damage during shipment, the return procedure must be undertaken in accordance with ULTIMA Mobility guidelines. All costs related to the return shipment will be at the expense of ULTIMA Mobility.
8/ DELIVERY TO AN ULTIMA Mobility Factory
Any Product delivered to an ULTIMA Mobility must be assembled and adjusted by the ULTIMA Mobility specialists.Through the ordering process, the customer has got the opportunity to attend the final assembly event. This service is for free and will give several benefit to our customers:
- Getting the opportunity to update his final equipment according products available within the factory
- Being part of the custom made ULTIMA Mobility experience
- Getting the advices from the ULTIMA Mobility specialist
- Being part of the product birth journey
- Getting learning of the stand assembly
9/ DELIVERY TO AN ULTIMA Mobility Showroom
Any Product delivered to an ULTIMA Mobility must be assembled and adjusted by the retailer.
The Customer will receive notification as soon as the Product is available at the ULTIMA Mobility Showroom selected at the time of order. The Product must then be retrieved directly from the selected ULTIMA Mobility retailer by the Customer within 21 (twenty-one) working days of receiving notification from the ULTIMA Mobility sales department (via email or phone call). Should the Customer be unable to retrieve the Product within this period, he/she must contact the ULTIMA Mobility Customer Service as soon as possible.
If the Customer fails to notify the ULTIMA Mobility Customer Service and the Product is not retrieved within the stated period of 21 (twenty-one) working days, the order will no longer be attributed to the Customer. The Product will be redistributed and the Customer will require a new order.
In this situation ULTIMA Mobility reserves the right to deduct or charge an administrative fee of two hundred euros (€ 200) to cover the costs incurred. Delivery costs remain at the Customer’s expense and must be refunded to ULTIMA Mobility. The Customer must imperatively provide order confirmation and personal identification upon retrieval of the Product, and will be requested to complete and sign a receipt form with the ULTIMA Mobility retailer.
9/ RIGHT OF WITHDRAWAL
Upon receipt of the Product, either at the chosen ULTIMA Mobility showroom or factory or specified delivery address, the Customer has a period of 14 (fourteen) days to exercise his/her right of withdrawal and return all or part of the order for refund. In accordance with Article L.221-28 of the French Consumer Code and as stated above, the right of withdrawal is not applicable to the purchase of Products made to the Customer’s specifications or clearly personalized (“configurator” Products).
In order to exercise the right of withdrawal, the Customer must notify ULTIMA Mobility during the withdrawal period by completing the claim form available on the Website (“Warranty / Support” tab when logged onto the personal account page) and follow the claim procedure (see art. 11 below).
In case of withdrawal, and regardless of whether the delivery was made to a ULTIMA Mobility showroom or factory or specified delivery address, the Customer must return the Product to ULTIMA Mobility within 14 (fourteen) days of receiving email confirmation from the ULTIMA Mobility Customer Service.
If the Customer wishes to exercise the right of withdrawal because of objection to size or color, he/she will require a new order.
Any unused Product must be appropriately protected and returned in perfect condition in the original packaging (including user manual and accessories). If these guidelines are not adhered to ULTIMA Mobility reserves the right to refuse the Product and return it to the Customer to its expense. Refunds are based exclusively on the initial Product price including standard shipping costs. Return shipping costs are at the Customer’s expense. The Customer will be notified of refund by email and payment will be processed within 14 (fourteen) days of ULTIMA Mobility receiving notification of Customer withdrawal, and only after assessment and confirmation that the Product meets the claim criteria.
If the Product the Customer wishes to return meets the claim criteria, the procedure below must be strictly adhered to; ULTIMA Mobility reserves the right to reject the claim if this is not the case.
Log in to your personal account on the Website ;
Select the “My orders” tab ;
Select the button "Make a return"
Complete the claim form stating full particulars of the claim ;
ULTIMA Mobility Customer Service will examine the claim upon receipt of the returned Product and claim form. If the claim is considered valid, the Customer will receive a voucher and claim number. The Customer must ensure the Product is returned to, at his/her expense, to the ULTIMA Mobility address comunicated. The Customer must ensure the completed claim form is enclosed in the shipment.
Partial returns can be made exclusively by returning the Product to the ULTIMA Mobility showroom selected by the Customer at the time of order. The Customer must ensure the completed claim form as well as the receipt form signed by the retailer are enclosed in the shipment. You are responsible for paying the freight cost.
Returns must be sent to the address that will be communicated on the claim form.
12-1/ LEGAL GUARANTEE OF CONFORMITY
In accordance with the provisions of Articles L217-1 to L217-14 of the French Consumer Code, these Terms and Conditions are subject to the legal guarantee of conformity, from which the following articles are extracted:
Article L217-4 : “The seller shall deliver a good in compliance with the contract and is sole responsible for any lack of conformity or defect apparent at the time of delivery. The seller is also sole responsible for any lack of conformity or defect caused by the packaging, assembly instructions or installation if it is contractually designated as the seller’s duty, or is carried out under the seller’s responsibility.
Article L217-5 : “The product complies with the contract:
If it is fit for the purpose generally intended for a similar product, and, if so:
if it is in accordance with the description provided by the seller, and possesses the characteristics described to the buyer in a sample or model;
if it presents the qualities that a buyer may legitimately expect with regards to any public declarations made by the seller, by the producer or their representatives, especially in advertising or on the label;
Or if it presents the characteristics jointly agreed to by the parties, or if it is fit for a particular purpose required by the buyer, if this has been brought to the attention of the seller and accepted by the seller.”
Article L217-12 : “Any action resulting from a lack of conformity or defect must be taken within a period of two years from the date of delivery of the item.”
12-2/ WARRANTY AGAINST HIDDEN DEFECTS
ULTIMA Mobility, through its authorized retailers and distributors in the country in which the Product is purchased, warrants all Products against non-conformities and hidden defects (1) for a period of two (2) years from the date purchase.
(1) Hidden defects only concern French legislation, § Articles 1641 to 1649 of the French Civil Code.
(2) Several countries or states allow a longer period for implicit warranty, and/or for the exclusion or restriction of direct or consequential damage, implying that the above-mentioned period does not apply. This limited warranty offers the Customer specific legal rights, as well as other potential rights, which may vary according to local laws.
12-3/ WARRANTY of Motor, Battery and Dashboard
ULTIMA Mobility is rely on Valeo warranty processes and service network
Valeo is developing an after-sales service which includes
- A technical hotline: management of warranties by telephone and technical support for the repair or maintenance of systems
- Customer service: management of the creation of bike shop customer accounts and their ordering and delivery of parts and services
- A complete range of spare parts: can be ordered by all bike shops, and delivered within 48 hours
- Dedicated bike shop field training, by a team of bike trainers, to support shops and drive OEM sales
- An online diagnostic tool for professionals
The warranty is valid only if the Product is assembled in accordance with the instructions supplied with the Product and by an authorized ULTIMA Mobility retailer and if the Product, in particular bicycles and frames, has been used correctly and maintained in accordance with ULTIMA Mobility recommendations.
The warranty is valid only if the Product is used for personal purpose and the fleet activity or professional delivery or multi-users application is requiring a specific contract and we recommend to get in touch with ULTIMA Mobility sale services in order to define the appropriate T&C
This Limited Warranty does not apply to normal wear and tear (1) of the Product, to parts which have been restored or subjected to inappropriate repairs or modifications, or to any damage caused by accident, improper or abusive use or lack of due care and maintenance. Inappropriate uses of Product which render the warranty void include spinning, jumping, acrobatics, extreme usage and similar activities. Intensive use of a bicycle on an indoor trainer may result in the damage of the rear triangle due to its fixed position.
The Customer’s sole and exclusive remedy under the ULTIMA Mobility Limited Warranty or any implied warranty is limited to the repair or exchange, at ULTIMA Mobility’s sole discretion, of all or part of the Product. Under no circumstances can ULTIMA Mobility and its agents or distributors be held liable for any direct or consequential damage, nor for the cost of transport or shipment of the Product, regardless of whether the claim arises from the contract, warranty, negligence or product liability, including but not limited to loss of use, loss or damage of any goods or property other than the Product itself, or any other financial loss.
Regardless of the cause of warranty claim, neither ULTIMA Mobility nor its agent or distributors can be held responsible for the provision of any financial contribution or compensation for a Product. The rights granted by the Limited Warranty and the proceeds can in no way be assigned or transmitted to third parties. ULTIMA Mobility’s obligations under any warranty are limited, in the broadest possible sense of the law, to those expressly specified in this ULTIMA Mobility Limited Warranty.
Similarly, the warranty is rendered void if :
the Product has undergone a technical and / or structural modification or if it has been repaired or repainted by any person or entity other than an authorized ULTIMA Mobility retailer or repair center
the Product has been repaired and / or used with unauthorized spare parts
the Product serial number has been removed, deleted, altered or rendered illegible
Components manufactured by brands other than ULTIMA Mobility which are installed on ULTIMA Mobility products are subject to the same legal conditions of warranty. Warranty claims relating to any of these components must be made to the appropriate manufacturers or distributors. In no instance can ULTIMA Mobility, its agents or distributors be held responsible for damages, direct or indirect, to products not designed, manufactured or marketed by ULTIMA Mobility.
(1) Parts considered subject to normal wear and tear: Bearings (crankset, headset, hubs), cable housing, cables, tires, tubulars, inner tubes, rim tape, brake pads, chain, chainrings, cassette, saddle.
Further information relative to warranty policies and ULTIMA Mobility recommendations of use can be found clicking here.
ULTIMA Mobility cannot be held responsible for damage caused by Customer action (in particular relating to non-compliant or inappropriate use of the Product), by unpredictable and unavoidable action of third parties unfamiliar with the terms of the contract, or by an event constituting a case of force majeure.
Warranty claims by the Customer due to apparent defects in the delivered Product are excluded if the Customer has not notified ULTIMA Mobility of the defect within a maximum period of 14 (fourteen) days from receipt of the Product.
14/ CUSTOMER SERVICE
For any question or difficulty relating to purchases on the Website, the ULTIMA Mobility Customer Service can be reached:
By Website: select the “Contact” tab clicking here ;
By mail at the following address: 50 Rue Jean ZAY 69290 Saint Priest, France.
The provisions in these Terms and Conditions constitute the entirety of the agreement between ULTIMA Mobility and the Customer. Failure to refer to any of the clauses at any time in no way constitutes a waiver of these clauses. Should any of the clauses be wholly or partially invalid or void, the validity of the remaining the clauses shall not be affected.
16/ INTELLECTUAL PROPERTY
The entirety of the content of ULTIMA Mobility sites including but not limited to illustrations, graphics, texts, labels, brands, images, and videos is the property of ULTIMA Mobility and is protected by national and international intellectual property law. Any reproduction, exploitation, representation, adaptation, transformation or partial or total use of any content, by any means whatsoever and on any medium, is subject to prior and explicit authorization from ULTIMA Mobility.
17/ PRE-CONTRACTUAL INFORMATION – CUSTOMER AGREEMENT
The Customer acknowledges having being informed, in a clear and understandable manner and prior to placing the order and concluding the sale, of the present Terms and Conditions and all information listed in Article L.221-5 of the French Consumer Code, and in particular the following details: the fundamental characteristics of the Product, the price of the Product, the delivery date or deadline at whichULTIMA Mobility undertakes to deliver the Product, information relating to the identity of the seller including its postal, telephone and electronic contact details, information relating to legal and contractual warranties and their implementation, particulars relating to the right of withdrawal, particulars relating to the mediation options in case of dispute.
18/ APPLICABLE LAW
These Terms and Conditions and any resulting transactions are governed by and subject to French law. Should these Terms and Conditions be translated into one or more foreign languages, the French text will prevail in the event of a dispute. In the event of a dispute, the Customer is informed of the possibility of resorting to conventional mediation procedures or any alternative means of settlement.
Any disputes which may arise in connection with the validity, interpretation, execution, consequences of these Terms and Conditions, and which are not resolved in an amicable manner between ULTIMA Mobility and the Customer, will be subject to the sole jurisdiction of the relevant French courts, and shall be governed by French law. In the event that the contract of sale is concluded from professional to professional, the Parties expressly agree that the contract shall be governed by French law. The Parties expressly agree that the application of the provisions of the Vienna Sales Convention on the International Sale of Goods is excluded. For this purpose, any dispute that has not been resolved amicably will be subject to the sole jurisdiction of the relevant courts of Versailles, notwithstanding the plurality of defendants and / or of warranty claims, even for emergency procedures or referred / requested provisional proceedings.
19-1/ PERSONAL DATA
All fields marked with an asterisk must be completed by the Customer with the relevant information at the time of order. This information is mandatory and necessary to ensure full provision of services relating to the order.
In order to meet the demands of the Customer, provide optimal remote service and manage commercial relations, prospecting and statistics, ULTIMA Mobility requires the use of the Customer’s personal data (name, first name, address). Subject to the provisions of the following paragraph, this information is intended exclusively for ULTIMA Mobility. It may be communicated to ULTIMA Mobility internal departments or companies contractually linked to ULTIMA Mobility for the sole purpose of the good execution of services.However, the Customer may expressly object to this communication through written request to ULTIMA Mobility Customer Service. More generally, in instances relative to the Customer’s personal data and in accordance with the provisions of the Data Protection Act of January 6, 1978, the Customer may enforce his right to access, rectify, and oppose through:
- e-mail request to ULTIMA Mobility Customer Service, select the “Contact” tab clicking here ;
- written request to ULTIMA Mobility at the following address: 50 Rue Jean Zay – 69290 Saint Priest, France.
19-2/ BANK DETAILS
The bank details provided by the Customer at the time of order are neither stored nor visible on the internet. ULTIMA Mobility certifies the confidentiality of this data through the implementation of a suitable security system.In accordance with the provisions of the Data Protection Act of January 6, 1978, the Customer may enforce his right to access, rectify, and oppose all bank details through written request, subject to proof of identity to ULTIMA Mobility:
At the following address: 50 Rue Jean Zay – 69290 Saint Priest, France.
By Website: select the “Contact” tab clicking here.