Terms of service

OVERVIEW

Welcome to Ultima Mobility! The terms "we", "us", and "our" refer to Ultima Mobility. Ultima Mobility operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (hereinafter the "Services"). Ultima Mobility is a store powered by Shopify, which enables us to provide the Services to you.

The Terms of Service below, along with all related policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not accept these Terms of Service or the Privacy Policy, you must not use or access our Services.

These General Terms and Conditions of Sale determine the rights and obligations of the parties regarding sales made by the seller ULTIMA Mobility (hereinafter "ULTIMA Mobility") and any person making a purchase on the website ULTIMA.dev (hereinafter the "Customer").

ULTIMA MOBILITY, a Simplified Joint-Stock Company (SAS) with a share capital of €137,480, with its registered office located at 15 a Avenue "C" Cité Berliet, 69800 Saint-Priest, France, registered under number 907 605 190, represented by Mr. Jérôme MORTAL, acting with the necessary powers as President.

The Customer must be of legal age or have parental consent and possess the legal capacity to place orders on the aforementioned websites.

Any delivery of products or services by ULTIMA Mobility as the seller to the Customer is governed exclusively by these General Terms and Conditions. ULTIMA Mobility reserves the right to adapt or modify these General Terms and Conditions at any time. It is therefore understood that the applicable conditions are those in force on the website at the time the order is placed.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor dependent on you to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores, or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activities on your account. You are not authorized to transfer, sell, assign, or sublicense your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the products may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those described or displayed in our online stores.

All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Ultima Mobility reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until Ultima Mobility confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Ultima Mobility may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of the order.

Your purchases may be returned or exchanged solely in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions may be changed without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or in online stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and which are governed by Terms of Service separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) the amounts charged by you will be honored by your credit card issuer; and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

5-1 / PLACE OF DELIVERY The Customer will receive a shipping confirmation email once the order is ready to be shipped.

ULTIMA Mobility delivers all Products of the same order simultaneously. For orders comprising multiple Products, the delivery time will be based on the Product requiring the longest processing time.

The Customer can track the status of their order under "My Account" when logged into their personal account on the Site.

5-2 / DELIVERY TIME ULTIMA Mobility undertakes to make every possible effort to ensure delivery of the Product 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 ULTIMA Mobility receives full payment for the Product, unless the Customer is expressly informed of a longer delay before finalizing the order. In the event of a delivery delay:

  • The Customer and ULTIMA Mobility may agree on a new delivery deadline.

  • The Customer may terminate the contract (cancel the order) according to the following procedure:

    1. First, the Customer shall formally notify ULTIMA Mobility, by registered letter with acknowledgment of receipt or any other written request on a durable medium (e.g., email), to deliver the Product within a new reasonable agreed deadline.
    2. If ULTIMA Mobility fails to comply with the terms of this new delivery agreement, the Customer is entitled to notify ULTIMA Mobility of the termination of the contract, using the same written methods as above.

The order is deemed cancelled and the contract terminated upon receipt of the letter or written notification informing ULTIMA Mobility of the Customer's withdrawal, unless ULTIMA Mobility has fulfilled the newly agreed obligations between the sending/dispatch of the Customer's written notification and its receipt. ULTIMA Mobility is required to refund the total amount of sums received no later than 14 (fourteen) days after the termination of the contract.

ULTIMA Mobility cannot be held liable for non-performance or delivery delays, nor for any other contractual obligation, if these are due to force majeure or any other unforeseen event beyond the will and control of ULTIMA Mobility.

5-3 / HOME DELIVERY The Customer will receive a shipping notification via email.

If the first delivery attempt fails for any reason, the carrier will automatically proceed with a second attempt. If the Product cannot be received for any reason at the address provided by the Customer, the carrier will leave a delivery notice. The Customer is then responsible for contacting the carrier to arrange a new delivery date, no later than 3 (three) business days after receiving the notice. Beyond this period, the package will remain in deposit for 10 (ten) days before being returned to ULTIMA Mobility, in which case the order will be considered cancelled and the contract terminated. In this situation, ULTIMA Mobility will refund the advanced funds but reserves the right to deduct or charge administrative fees of two hundred euros (€200) to cover the costs incurred due to the termination of the contract. Shipping costs remain the responsibility of the Customer and must be reimbursed to ULTIMA Mobility.

ULTIMA Mobility cannot be held responsible for delivery delays caused by:

  • The unavailability of the Customer;
  • An erroneous, incorrect, or incomplete delivery address provided by the Customer.

Delivery of the order is deemed executed once the Customer has signed the proof of delivery. The Customer assumes responsibility for the Product and the associated risks from the moment they take possession of it.

It is the Customer's responsibility to immediately inspect the Product upon delivery and note any remarks at the time of delivery (e.g., unsealed package, damage, etc.). Any remarks must be clearly indicated on the delivery slip.

If, upon receipt and inspection of the Product, it appears that it does not comply with the purchase order or has suffered damage during transport, it is the Customer's responsibility to refuse the delivery and, crucially, to indicate all reservations on the delivery slip.

If the Customer fails to do so, all risks related to the Product are transferred to the Customer from the moment they take possession.

If the Product is returned because it does not conform to the purchase order or has suffered damage during transport, the return procedure must be carried out in accordance with ULTIMA Mobility's guidelines. All costs related to the return will be borne by ULTIMA Mobility.

SECTION 6 – INTELLECTUAL PROPERTY

All content on the ULTIMA Mobility websites, including but not limited to illustrations, graphics, texts, labels, trademarks, images, and videos, is the property of ULTIMA Mobility and is protected by national and international intellectual property laws. Any reproduction, exploitation, representation, adaptation, transformation, or use, partial or total, of any content, by any means and on any medium, is subject to the prior and express authorization of ULTIMA Mobility.

These Terms authorize you to use the Services for personal and non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Ultima Mobility, Shopify, or a third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws.

All rights not expressly granted herein are reserved to Ultima Mobility.

The names, logos, product and service names, designs, and slogans of Ultima Mobility are trademarks of Ultima Mobility or its affiliates or licensors. You must not use these trademarks without the prior written consent of Ultima Mobility. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party customer tools offered as part of the Services, which we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranty, representation, or condition of any kind and without any endorsement. We disclaim all liability arising from or related to your use of optional third-party tools.

Any use by you of the optional tools offered on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of the third-party documents or websites you choose to access. If you decide to leave the Services to access such documents or third-party sites, you do so at your own risk.

We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Ultima Mobility is powered by Shopify, which enables us to provide the Services. However, the sales and purchases you make in our Store are conducted directly with Ultima Mobility. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Ultima Mobility, including any injury, damage, or loss resulting from the purchased products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchases and transactions with Ultima Mobility.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed [here]. By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the services to provide and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, in order to provide services. Please consult our privacy policy for more details on how we, Shopify, and our partners use your personal information.

10-1 / PRE-CONTRACTUAL INFORMATION – CUSTOMER CONSENT The Customer acknowledges having been informed clearly and comprehensibly, prior to placing the order and concluding the sale, of these Terms and of all the information listed in Article L.221-5 of the Consumer Code, including: the essential characteristics of the Product, the price of the Product, the date or delivery deadline to which ULTIMA Mobility commits, information regarding the seller's identity (postal, telephone, and electronic coordinates), information regarding legal and contractual guarantees and their implementation, the procedures for exercising the right of withdrawal, and the possibilities of recourse to mediation in the event of a dispute.

10-2 / PERSONAL DATA All fields marked with an asterisk must be filled in by the Customer at the time of order. This information is mandatory and necessary for the proper execution of services related to the order.

To respond to Customer requests, ensure optimal remote service, and manage commercial relationships, prospecting, and statistics, ULTIMA Mobility requires the use of the Customer's personal data (name, first name, address). Subject to the provisions in the following paragraph, this information is intended exclusively for ULTIMA Mobility. It may be communicated to ULTIMA Mobility's internal departments or to companies contractually linked to ULTIMA Mobility solely for the purpose of proper service execution.

However, the Customer may expressly object to this communication by sending a written request to ULTIMA Mobility's Customer Service. In general, concerning the Customer's personal data and in accordance with the Data Processing and Civil Liberties Act of January 6, 1978, the Customer may exercise their rights of access, rectification, and objection by:

  • Request via email to ULTIMA Mobility Customer Service (via the "Contact" page);
  • Written request to the address: 15 a Avenue "C" Cité Berliet, 69800 Saint-Priest, France.

10-3 / BANKING INFORMATION The banking details provided by the Customer during the order are neither stored nor visible on the Internet. ULTIMA Mobility guarantees the confidentiality of this data by implementing an appropriate security system.

In accordance with the Data Processing and Civil Liberties Act of January 6, 1978, the Customer may exercise their right of access, rectification, and objection concerning all banking data by written request, subject to proof of identity, to ULTIMA Mobility:

  • At the following address: 15 a Avenue "C" Cité Berliet, 69800 Saint-Priest, France;
  • Via the Site: select the "Contact" page.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sub-licensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted by this license to operate, provide, evaluate, strengthen, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation: (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, without being obligated to do so, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of a third party, including copyright, trademark, privacy, personality, or any other personal or property right. You also agree that your Feedback will not contain defamatory or otherwise illegal, abusive, or obscene material, nor computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate any regulation, rule, international, federal, provincial, or national law, or any local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as we may determine, may harm Ultima Mobility, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you shall remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such contents by you or any other visitor to the Services, or by any person who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY ULTIMA MOBILITY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITYABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ULTIMA MOBILITY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT OBTAINED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ultima Mobility, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to give prompt notice will not relieve you of your obligations unless you suffer material prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle a claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules published by us on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Ultima Mobility has its registered office. You and Ultima Mobility submit to the venue and personal jurisdiction of such courts.

SECTION 22 – HEADINGS

The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may view the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at shop@ultima.bike.