General terms and conditions of service delivery

Plume Services

Any contract for the disposition of the material and its digital applications implies that the present rules the acceptance of its relations with PLUME and prevails over any other document. The provisions of the present shall apply only to professionals and shall not apply to consumers and/or non-professionals.

(Version of 6 May 2022)

PLUME provides its professional customers with a comprehensive mobility solution including the mobility equipment and the following digital applications globally designated the Equipment, and provides additional services.

This mobility solution, as part of a monthly payment, can be supported by financing provided by a third-party company.

All of the Material made available to the Customer remains the exclusive property of PLUME or, where applicable, the third-party company providing financing for the mobility solution.

It is up to the Professional Customer to choose the Material according to the needs that he himself has previously determined and to verify that it is adequate. PLUME accompanies the customer in the choice and advises him on the basis of the information that the customer has provided to him and undertakes to provide material consistent with the expectations expressed by the Customer.

The installation, assembly or dismantling of the fixed equipment (including the refurbishment stations and the technical means necessary for the mobile application) is carried out under the sole responsibility of the PLUME.

The regulation of the Equipment, i.e. the distribution of equipment between different stations, including departure and arrival stations, remains the sole responsibility of the Customer who will have to implement all the means to ensure that the equipment is available in the station so that the service is assured.

The service benefit contract is entered into for a period commensurate with the invoice. The contract is renewable by tacit renewal for the same period.

When the Customer does not wish to renew the contract, he will have to inform PLUME by registered letter with acknowledgement of receipt within 4 months before the due date so that the latter can make all the necessary arrangements for the resumption and removal of the Material. In the event of a leasing contract financing, the terms and conditions of termination of the service delivery contract will be those stipulated by the said funding contract.

PLUME is committed to providing the Customer with equipment in accordance with the regulations in force, including the safety of users, the user notice and the safety instructions.

The Customer agrees to read the operating and safety rules prescribed by the regulations and the manufacturer. As such, PLUME’s obligations are limited to the delivery of user notices to the Customer.

 

PLUME guarantees the Material for the duration of the contract. In the event of a technical problem with rolling stock and digital tools during this period, PLUME is committed to providing after-sales service and to rehabilitating defective equipment, as provided for in article 4 of the present report.

 

PLUME cannot be held liable for any delays in the availability or delivery due to any reason beyond its control, including regulatory amendment, force majeure, strike, or their consequences, and is not liable for any compensation in that capacity.

 

PLUME cannot be held liable and is not liable for any compensation for direct or indirect, material or intangible consequences, termination or dysfunction of the Material or digital applications that would not be due to a proven vice existing at the time of making available.

For the duration of the warranty referred to in Article 3, the maintenance of the Material shall be borne by PLUME. This maintenance, as provided on the invoice, includes the computer maintenance of the software application; it only covers normal wear for the use of the Material conforming to its destination. Any repairs are made only at the initiative of PLUME, which decides only to repair or replace the property according to security criteria.

 

In the event of abnormal wear of the Material due to intensive and/or non-compliant use at the destination of the equipment, PLUME reserves the right to charge the Customer with additional maintenance.

 

The Customer acknowledges that PLUME cannot be held responsible for the deliberate degradation, theft or damage caused to the Material as a result of non-compliant use to its destination. In these assumptions, PLUME will inform the Customer of the lack of warranty as soon as it has found the damages and repairs and repairs of the Material will be borne by the Customer.

In the event of the use of the Material on a site at risk (asbestos, nuclear, petrochemical, polluted, maritime...), the maintenance or repair of PLUME is carried out only outside the risk area. The Customer must first make the equipment available to PLUME, outside the risk area after having decontaminated it.

The Customer cannot use the Material for any other purpose than the one to which it is intended. It assumes the material and legal custody of the equipment and is responsible for the damage caused to the Material. As such, it is up to the Customer to provide insurance to cover damage resulting from degradation, flights and vandalism that cannot be considered normal wear of the Material.

The Customer undertakes to use the Material in accordance with its destination and the regulations in force, with caution, to comply with the instructions and instructions for use and safety set by the regulations and by the manufacturer, to disseminate them to users.

The Customer is solely responsible for the damage caused to third parties by the Material at its disposal and that of its attendants.

Plume has signed an insurance contract guaranteeing, through different formulas, usages for mobility devices at the free choice of the company. The type of use and the insurance formula are those mentioned in the quote to the client.

Plume undertakes to hand over to its partner the information notice specifying the chosen formula and the extent of the guarantees acquired.

The Customer will have to certify that he has a civil liability insurance coverage for his activity and the risks associated with his or her employer function.

The price of the service delivery is determined by quote based on the selected solutions or options.

 

The terms and conditions of payment are mutually agreed upon by the parties, which may choose a total or monthly payment.

In the event of a monthly payment, the amount of the price, the terms of payment and the deadlines will be fixed definitively by the third-party company providing the financing of the leasing solution.

In the event of a total payment, the invoice is payable to PLUME within 30 days of its date of issue. Any amount not paid on maturity results in the payment of a flat-rate recovery allowance of 40 euros and the loss of any payment deadline. After a stay without effect for 8 days, the Customer is liable for damages of a lump sum penalty equal to 15% of the unpaid amount.

The Material delivered to the Customer is protected under intellectual property. The provision of the Material for the benefit of the Customer shall not result in any concession or transfer of the intellectual property rights covering the said Material. The Customer undertakes to respect these rights and to refrain from any infringement of the trademarks, drawings and models or patents that may protect the Material

The Customer undertakes not to make any changes or changes to the Material entrusted to it.

The equipment delivered to the Customer can be equipped with a tracer allowing their geolocation in the event of the flight and a device to trace information on the time of transport, the course carried out, the frequency of use of the vehicle thanks to a gyroscope, an accelerometer and a GPS.

 

The purpose of this collection is to collect data to improve the product and to feed micro mobility studies.

 

The information transmitted to PLUME is totally anonymous. They may, however, constitute personal data which is processed within the framework of the legal obligation of the General Data Protection Regulation (EU) 2016/679 of the European Parliament.

 

Legal information regarding the processing of personal data will be transmitted to the Customer.

This contract is governed by French law.

If a dispute arises in connection with the interpretation or execution of the present, the parties agree to endeavour to resolve it in amicably prior to any legal action. In the absence of an amicable agreement, the dispute shall be decided by the competent court in the jurisdiction of which the head office of PLUME is located and to which the parties assign exclusive jurisdiction, even in the event of a referendum, a guarantee appeal or a plurality of defendants