GENERAL CONDITIONS OF SALE
Version of 5th January 2024
Please read these terms carefully and make sure that you understand them before ordering any products from us. Please note that by ordering any of our products, you agree to be bound by these terms.
Seller identification:
CROSSCALL, a French simplified joint stock company with capital of 450,555 euros, registered with the Aix-en-Provence Trade and Companies Registry under number 518 706 890.
Head office: 245 rue Paul Langevin- ZONE D'ACTIVITES DES MILLES - 13290 AIX EN PROVENCE France
Email: [email protected]
1. Scope and enforceability
1.1 Sales on the Internet.
These general terms and conditions (the "GTC") apply to consumers (the "Customer(s)") who wish to purchase products offered for sale on the CROSSCALL website to consumers in Germany (the "Products") accessible at the following website:
http://crosscall.com/ (the "Site").
A Consumer is defined, under the terms of the French Consumer Code, as “any natural person who is acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity”.
1.2 Products.
The Products are new products manufactured in CROSSCALL's production facility after having passed all the tests necessary for their commercialisation and thus complying with the legal safety obligations and the use that the customer can expect.
1.3. Exclusive scope of application.
These GTC only apply to Customers within the meaning of article 1.1. of these GTC acting exclusively on their own behalf. These GTC become binding against Customer who acknowledges, as soon as he ticks the box provided (“I accept”), that he is aware of them and accepts them without restriction or reservation. The conservation and reproduction of the applicable GTC are ensured by CROSSCALL in accordance with article 1127-1 of the French Civil Code. They shall prevail over any other version or any other contradictory document having the same purpose.
The GTC may also be sent to the Customer by email after the order has been validated. The GTC are also available on request from the Customer to [email protected]
1.4 Territory.
These GTC apply only to sales of the Products from the Site to Customers in Germany.
1.5 Language.
These GTC and all contractual information mentioned on the website are in Germany language
1.6 Modification of the GTC.
CROSSCALL reserves the right to modify its GTC at any time. The GTC applicable on the date of the order will be the GTC accepted by the Customer at the time of placing the order. The Customer should be vigilant when reading and accepting the GTC on each order, as the GTC may have changed between two successive orders.
1.7 Product characteristics - Instructions for use.
The photos contain on the Site are for illustrative purposes only. The Customer should refer to the description of each Product appearing on the Site in order to know its precise and essential characteristics, In case of doubt or request for additional information, the Customer should contact CROSSCALL. The instructions for use of the Product, if it is an essential element, is mentioned in the electronic catalogue or at the latest upon delivery.
2. Ordering products on the Site
2.1 Access to the Site.
Access to the Site is via the Internet network 24 hours a day, 7 days a week, except in case of events beyond CROSSCALL's control or due to maintenance, updates or technical improvements or to make changes to the content and/or presentation. For all orders, the Customer shall bear its own telecommunication costs for access to the Internet and use of the Site.
2.2 Account creation.
To place orders for products on the Site, the Customer may either create an account beforehand, or place orders by any other means proposed by CROSSCALL on the Site. As regards the first option (creation of an account), the Customer must first enter his/her e-mail address and a password, which are strictly confidential. The Customer will be solely responsible for the consequences of using their account, until it is deactivated. In order to continue with the order, the Customer will be asked to provide additional information (title, first name, surname, exact delivery address, postcode, telephone number). The Customer undertakes to provide true and sincere information and to inform CROSSCALL of any changes concerning him/her.
2.3 Account deactivation.
In the event of non-compliance with all or part of these GTC, CROSSCALL reserves the right to automatically deactivate the Customer's account after sending an email without effect for a period of fifteen (15) days, without any compensation. In the event of fraud on the part of the Customer, the account will be automatically deactivated without notice or compensation to the Customer.
2.4 Placing an order.
To place an order, the Customer must follow the instructions on the Site. The Customer fills his/her virtual basket, indicating the Products selected and the quantities desired. The order is first summarised, listing all the Products selected by the Customer. The Customer then confirms his/her order by clicking on the " checkout" button in order to proceed with the confirmation of his/her order in accordance with article 2.5.
2.5 Order confirmation - Electronic signature.
In order to confirm his/her order, the Customer first provides delivery information and then clicks on the “Continue” button. The Customer then provides payment details and is able to i) view order details, in particular its total price including all applicable taxes and shipping costs, and ii) to correct any errors and/or modify the order (by returning to the previous pages). Lastly, the Customer must tick the box indicating acceptance of the GTC, in accordance with article 1.3 of these GTC, before clicking on the “PAY” button. This "double click" combined with the authentication procedure constitutes a valid electronic signature which implies acceptance of the GTC and thus forms the sale contract.
2.6 Modification of the order.
Any modification of the order by the Customer after the confirmation of his order requires the prior written agreement of CROSSCALL. CROSSCALL reserves the right to modify the product ordered, taking into account technical developments in accordance with Article R. 212-4 of the French Consumer Code.
2.7 Available stocks.
Product offers are subject to availability. Information on the availability of Products is provided at the time the order is placed. In the exceptional event that an order for unavailable Products has been confirmed by CROSSCALL due to a stock error at the time of the order, CROSSCALL will reimburse the Customer within a maximum period of fourteen (14) days from the placing of the order.
2.8 Acknowledgement of receipt of the order.
CROSSCALL shall then confirm receipt of the order placed by the Customer by sending an automatic e-mail, including (i) the essential characteristics of the Products (ii) the indication of the price including VAT and delivery charges (iii) the delivery time and, if applicable, (iv) any special circumstances relating to the order placed.
3. Prices - Payment
3.1 Current prices.
CROSSCALL may modify its prices at any time, but the Products will be invoiced to the Customer at the prices in force on the Site at the time the order is placed by the Customer. The prices indicated on the Site:
(a) are expressed in Euros ( inclu. VAT ),
(b) include the applicable taxes,
(c) do not include transport and delivery costs, which will be charged in addition, depending on the choice made by the Customer at the time of ordering regarding the delivery of the Products ordered. The cost of the method or time of transport or delivery (depending on the Customer's choice) will be indicated at the latest before the Customer places the order.
3.2 Price characteristics.
The prices applicable on the day the order is placed are firm and non-revisable during their period of validity, as indicated on the Site. The period of validity of the offers and prices of the Products is determined by the updating of the Site.
3.3 Payment of the order.
Orders can only be paid upfront.
IN ANY EVENT, THE PRODUCTS ORDERED REMAIN THE PROPERTY OF CROSSCALL UNTIL FULL PAYMENT OF THEIR PRICE BY THE CUSTOMER.
3.3.1 Advance payment
3.3.1.1 Terms and Conditions. The price is due and payable in full on the day of the order by the Customer, by secure payment, in accordance with the following conditions: Payment by bank card, insured by INGENICO or via PayPal or any other secure server under the conditions of Article 3.3.1.2 of these GTC. CROSSCALL is not obliged to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated.
Credit card payments are debited when the order is confirmed.
Any order of Products with payment by credit card is considered effective only when the credit card provider concerned has given their agreement to process the payment. When the order is debited, in the event of irregular, incomplete or non-existent payment, for whatever reason, CROSSCALL reserves the right to block the delivery of the Products ordered. The Customer will be informed by e-mail in order to remedy the situation, failing which the conditions set out in article 3.3.1.3 will apply.
3.3.1.2 Transaction security.
(a) CROSSCALL confirms that payment card data is encrypted using the SSL (Secure Socket Layer) protocol and is never transmitted unencrypted over the network. Payment is made directly to the bank.
(b) In order to ensure the security of transactions and to take into account the concern of as many people as possible to prevent fraud in distance selling, CROSSCALL may carry out checks when placing orders.
As part of a check, CROSSCALL may require you by e-mail to send:
· proof of address and identity (e.g., an electricity bill or a landline telephone bill applicable to the date of the order).
· a scanned copy of the partially masked front and back of the bank card (without disclosure of the security code).
In this case, the delivery period will only start to run from the order dispatch date, which cannot be earlier than the validation of the supporting documents.
In the absence of proof or if the documents sent do not allow us to ascertain the identity of the person placing the order, the accuracy of the address or the creditworthiness of the Customer, CROSSCALL reserves the right to cancel the order.
3.3.1.3 Non-compliance with payment terms. CROSSCALL reserves the right, when the agreed price is not paid on the due date, either to request the immediate payment for the sale, or to terminate the contract with the Customer by sending an email to the Customer. Any sum not paid on the due date shall accrue interest at the legal rate without formal notice.
3.3.2. Invoice.
An invoice is established by CROSSCALL upon shipment of the Product. The invoice is available in the order details on the site.
3.3.3. Archiving and proof.
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with article 1360 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract. The order form may be sent to the Customer at any time if the Customer so requests, and it is recommended that the Customer keep a copy (electronic or hard copy) for his own records.
4. Delivery
4.1. Definition.
Delivery means the transfer to the Customer of physical possession or control of the Product.
4.2. Mode of delivery.
When placing an Order, the Customer chooses one of the delivery methods offered on the Site. The Products ordered may be delivered in one or more deliveries. Deliveries are made by an independent carrier.
4.3. Place of delivery.
The Products are delivered to the address indicated by the Customer when placing the order. The Customer chooses a delivery address that must be located in the Territory in accordance with article 1.4 of these GTC, failing which the order will be refused. The Customer is solely responsible for any non-delivery due to an address error when creating his/her customer account or when filling the delivery information at the time the order is placed. CROSSCALL shall not be held responsible for any typing errors and the consequences thereof (for example, delays or delivery errors). In this case, the costs incurred for the re-shipment of the order shall be borne by the Customer.
4.4. Delivery charges.
The amount of the delivery costs depends on the value of the order and the delivery method chosen by the Customer. In any event, the amount of the delivery costs is indicated to the Customer before the order is placed.
4.5. Delivery times.
The Products purchased by the Customer will be delivered to the address indicated by the Customer when placing the order on the Site within the times indicated on the Site and which are communicated before the order is placed.
4.6. Delay or default in delivery.
CROSSCALL will use its best efforts to deliver the Products ordered by the Customer within the times indicated on the Site and which are communicated before the order is placed. If the Product ordered is not delivered on the date or at the end of the period mentioned on the Site (for any reason other than events beyond CROSSCALL's control or due to maintenance or during periods of maintenance or closure of the online shops which will be announced on the shop page), the Customer may, after having unsuccessfully enjoined CROSSCALL to fulfil its obligation to deliver within a reasonable additional period, cancel the sales contract by registered letter with acknowledgement of receipt or in writing on another durable medium (for example e-mail).The sums paid by the Customer will then be returned without delay, to the exclusion of any compensation or deduction.
4.7 Transfer of risk.
The risk of loss or deterioration of the product is transferred to the customer, in accordance with Article L. 216-2 of the French Consumer Code, at the moment the customer or a third party designated by him physically takes possession of the product, regardless of the nature of the product. The product delivered to the Customer by a carrier selected by CROSSCALL travels at CROSSCALL's risk.
4.8 Special requests.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by CROSSCALL, the related costs will be the subject of a specific additional invoice, accepted in advance by the Customer.
5. Reception
The delivery, in accordance with article 4.1 of these GTC, will be deemed to have been made when the Product is delivered by the carrier to the address indicated by the Customer.
The Customer must check that the Product delivered corresponds to the order. He/she must then formalize his acceptance of the delivery by signing a delivery receipt issued by the carrier. If the Product does not conform or is damaged at the time of delivery, the Customer must notify CROSSCALL, within a maximum of three (3) days from the date of receipt, by sending an e-mail to the following address: [email protected]
If the Customer is not available at the address indicated to receive the delivery, the carrier will leave a calling card to inform the Customer that the Order has been left at a post office/relay point.
6. Treatment of parcels not delivered by the carrier
Parcels that have not been delivered by the carrier and are returned to CROSSCALL for the following reasons:
-Unfound / unknown: The customer does not live at the specified address, or the recipient is unknown at this address.
- Unclaimed parcels: These are parcels that have not been collected by the customer from the post office or distribution centre within the designated period (as stated in the availability notice).
- Refused: The customer has refused delivery of the parcel.
After receipt and acceptance of the parcel by CROSSCALL, an email will be sent to the Customer to inform him/her of the receipt of the parcel, indicating the reason for the return and to proceed with the reimbursement of the order.
7. Updates
7.1 Updates necessary for the conformity of the Product.
CROSSCALL shall provide the Customer with the updates necessary to maintain the conformity of the Products with the contract and with section 327f German Civil Code (" BGB "). CROSSCALL shall inform the Client of the availability of these updates and of the consequences for the Client if they are not installed.
Where the Customer does not install these updates within a reasonable time or incorrectly, CROSSCALL shall not be liable for any lack of conformity of the Product resulting solely from the non-installation of the said updates by the informed Customer and or from the incorrect installation which is not due to shortcomings on the part of CROSSCALL in the installation instructions provided.
7.2 Update not necessary for Product compliance.
In accordance with Article L 217-20 of the French Consumer Code, updates that are not necessary for the conformity of the product will be made available to the Customer for valid reasons at no additional cost to the Customer. The Customer has the right to refuse such an update and to uninstall it.
8. Legal Warranty rights
The customer is entitled to the statutory warranty rights. For all defects occurring during the statutory warranty period of two years from delivery of the products, the Customer has in particular the statutory right to subsequent fulfilment (at his discretion: rectification of defects or new delivery) and - if the statutory requirements are met - the statutory rights to a reduction in price or withdrawal and also to compensation.
9. Guarantee
CROSSCALL also grants a commercial guarantee to the Customer independently and in addition to the legal guarantee of conformity and the guarantee against hidden defects as mentioned above. For further information on the terms and conditions of the CROSSCALL commercial warranty, the Customer should refer to the "Commercial Warranty Contract" accessible by clicking here.
10. Right of withdrawal
If the Customer is a consumer within the meaning of Section 13 of the German Civil Code (“BGB”), i.e. a natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity, they are entitled to a right of cancellation, the conditions, deadlines, procedure for exercising this right, legal consequences and further details of which the Customer will be informed separately in the withdrawal policy at the end of these GTC.
11 Intellectual property
11.1 The content of the website is the exclusive property of CROSSCALL and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
11.2 CROSSCALL remains the owner of all intellectual property rights to the products, illustrations, images and logos appearing on the products, their accessories and their packaging, whether or not they are registered. Any reproduction, modification or total or partial use of these trademarks, illustrations, images and logos, for any reason whatsoever and on any medium whatsoever, is strictly prohibited without the prior express authorisation of CROSSCALL. The same applies to any combination or association of CROSSCALL elements with other trademarks, symbols, logos and, more generally, with any distinctive signs intended to form a composite logo. The same applies to all copyrights, designs, models, patents and studies owned by CROSSCALL.
The Customer shall refrain from reproducing or utilising the aforementioned products, brands, illustrations, images, logos, studies, designs, models and patents without the express prior written consent of CROSSCALL.
12. Personal data
We invite you to consult our Personal Data and Cookies charter on the Site.
13. Discharge from liability
CROSSCALL shall not be liable in the event of non-performance or defective performance of the contract due either to the act of the Customer, or to the insurmountable and unforeseeable act of a third party to the contract, or events beyond CROSSCALL's control.
14 Miscellaneous clauses
14.1 The headings contained in these GTC are for information purposes only and are not contractually binding.
14.2 The invalidity of a contractual clause does not result in the invalidity of the GTC, unless it is a decisive clause that prompted one of the parties to conclude the purchase contract.
14.3 The temporary or permanent non-application of one or more clauses of the GTC by CROSSCALL does not constitute a waiver by CROSSCALL of the remaining clauses of the GTC, which continue to be effective.
15. Treatment of waste from electrical and electronic equipment
CROSSCALL hereby informs the Client that in accordance with current legislation, electrical and electronic equipment that has reached the end of its life cycle, is obsolete or no longer functions must not be disposed of in the ordinary rubbish bin or in the selective sorting bins of its municipality, in application of Directive 2012/19/EU.
The aim of this regulation is to limit the waste of raw materials and to protect the environment and human health by avoiding the dispersion in nature of substances contained in certain appliances.
16. Applicable law - Disputes
16 .1. Applicable law and courts.
These general terms and conditions of sale are governed by French law, without prejudice to the mandatory provisions of the Customer's country of residence.
This provision does not deprive the Customer of the protection afforded by the mandatory rules of his country of residence. Thus, notwithstanding the choice of applicable law mentioned above, the Customer may always benefit from the mandatory provisions of his local law, where these are more favourable than the law chosen to be applicable in the event of a dispute.
16 .2 Settlement of disputes
16.2.1 Amicable settlement.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, CROSSCALL adheres to the Mediation Service of the Centre de Médiation et d'Arbitrage de Paris (Paris Mediation and Arbitration Centre) whose contact details are as follows: 39, avenue Franklin D. Roosevelt 75008 Paris (www.cmap.fr). After first approaching CROSSCALL in writing, the Mediation Service may be contacted free of charge by the Customer for any consumer dispute which has not been settled. To find out how to contact the Mediation Service, click www.cmap.fr
At European level, the European Commission provides an online dispute resolution platform.
16.2.2 Judicial settlement.
In the absence of an amicable settlement, the Customer may refer to the courts any dispute relating to the existence, interpretation, conclusion, performance or termination of the GTC. The competent court in the event of a dispute shall be that of the domicile of the defendant or, at the choice of the plaintiff, the place of residence of the Customer.
APPENDIX 1 SAMPLE- CANCELLATION FORM
(If you wish to cancel the contract, please complete and return this form).
-To
CROSSCALL c/o MOBY
20 RUE PIERRE ET MARIE CURIE
ZA LA BLINIERE
35 370 Argentré du Plessis
FRANCE
· I/We (* ) hereby give notice that I/We (* ) withdraw from my/our (* ) contract of sale of the following goods ( )/for the supply of the following service ( )*
· -Ordered on (* )/received on ( )*
· -Name of the consumer(s)
· -Address of the consumer(s)
· -Signature of the consumer(s) (only for notification on paper)
· -Date
__________
(* ) Delete as appropriate.
Consumers have the following right of cancellation:
CANCELLATION POLICY
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.