GENERAL CONDITIONS OF SALE
Version of 5thJanuary 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 of sale (the “GTC”) apply to consumers (the “Customer(s)”) wishing to purchase products offered for sale on the CROSSCALL website to consumers in Italy (the “Products”) accessible at the following address:
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 plant after having passed all the tests required for their marketing, thus complying with the legal safety obligations and the use the Customer may 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 are also 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 Italy.
1.5. Language.
These GTC and all the contractual information mentioned on the Site are in Italian 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 contained 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.
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 cases of force majeure[1] or events beyond the control of CROSSCALL 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 e-mail which has remained without effect for a period of fifteen (15) days, without any compensation. In the event of fraud on the part of a Customer, the account will be deactivated automatically, 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 details of the order, 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 confirmation of its order is subject to the prior written acceptance of CROSSCALL. CROSSCALL reserves the right to modify the Product ordered in line with 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. CROSSCALL reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of Products ordered are abnormally high for buyers who are consumers.
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 (incl. VAT),
(b) include applicable taxes,
(c) do not include transport and delivery costs, that may vary depending on the choices made by the Customer at the time of the order as to 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. Upfront payment
3.3.1.1 Terms and conditions. The price is due and payable in full upfront, at the moment the order is placed by the Customer, by secure payment, in accordance with the following terms and conditions: Payment by bank card, secured by INGENICO or via PayPal, or any other secure server under the conditions of article 3.3.1.2 of these GTC CROSSCALL shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full 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 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 certifies that payment card details are encrypted using SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank.
(b) In order to ensure the security of transactions and to respond to the concern of the greatest number of people to prevent fraud in distance selling, CROSSCALL may carry out controls on the placing of orders.
As part of an inspection, 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 of 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 force majeure or during periods of maintenance or closure of the online shops which will be announced on the shop page), the Customer, in accordance with article L. 216-6 of the French Consumer Code, may, after having unsuccessfully enjoined CROSSCALL to fulfil its obligation to deliver within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium. 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 risks of loss or damage to the Product are transferred to the Customer at the moment when he/she, or a third party designated by him/her, takes physical possession of the Product, without distinction according to its nature, and this by virtue of article L. 216-2 of the French Consumer Code. If the Product is delivered to the Customer by a carrier chosen by CROSSCALL, the Product will be at CROSSCALL's risk until delivery. If the Product, is delivered to the Customer by a carrier chosen by the Customer, and to the extent that such choice was not proposed by CROSSCALL, the product will be at the Customer’s risk from the moment the goods are handed over to the carrier by CROSSCALL.
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 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 not delivered by the carrier and returned to CROSSCALL for the following reasons:
- Unfound/ unknown": the Customer does not live at the address indicated or the recipient is unknown at this address.
- Unclaimed": this refers to parcels that have not been claimed by the Customer at the post office or relay point within the time allowed (as stated on the notice of availability).
- 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 article L 217-5 of the French Consumer Code. CROSSCALL will inform the Customer of the availability of these updates and of the consequences of their non-installation for the Customer.
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 Product's conformity are provided to the Customer for valid reasons at no additional cost to the Customer. The Customer is entitled to refuse such an update and to uninstall it.
8. Legal guarantee of conformity and guarantee against hidden defects
It is reminded that all Products supplied by CROSSCALL, including content and/or digital service(s), updates as well as packaging and assembly instructions provided by CROSSCALL, benefit from the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the French Consumer Code and the guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code, independently of any commercial guarantee that may have been granted.
"The consumer has a period of two years from the date of delivery of the goods in which to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance”. For Italian Consumers, the statute of limitation to enforce a lack of conformity is twenty-six months from the delivery of the goods.
"Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to this digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
"The legal guarantee of conformity implies an obligation on the part of the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
"The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him. For Italian Consumers, the Italian Consumers Code provides that professional shall repair or replace the good within a reasonable period of time from the time the Seller was informed by the consumer of the defect.
"If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension to the initial guarantee.
"If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the good is replaced.
"The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:
"1° The trader refuses to repair or replace the goods;
"2° The goods are repaired or replaced after a period of thirty days;
"3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he/she bears the cost of installing the repaired or replacement goods;
"4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.
"The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to first request the repair or replacement of the goods.
"The consumer does not have the right to rescind the sale if the lack of conformity is minor.
"Any period of immobilisation of the goods with a view to their repair or replacement suspends the warranty that was in force until the delivery of the repaired goods.
"The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
"A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
"The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund in return for the return of the goods.
9. Commercial 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 is invited to refer to the "Commercial Warranty Contract" accessible by clicking here.
10. Right of withdrawal
10.1. Reminder of the legal provisions.
In accordance with the provisions of article L.221-18 of the French Consumer Code and the Directive on consumer rights: "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvass or off-premises, without having to give any reason for his decision or to bear any costs other than those provided for in articles L.221-23 to 221-25". In any event, these provisions do not apply to contracts concluded with customers acting in a professional capacity.
10.2. Time limit.
In accordance with the provisions of article L. 221-18 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) days from the date on which the Customer, or a third party designated by the Customer (other than the carrier), took physical possession of the Products purchased. If the 14th day falls on a Saturday, Sunday or public holiday, this period is postponed to the next working day.
10.3. Conditions for exercising the right of withdrawal.
In order to exercise the right of withdrawal, the Customer must notify CROSSCALL of his/her decision to withdraw in writing, within the fourteen (14) day period indicated above.
The Customer has two ways to exercise his/her right of withdrawal. The Customer can send the withdrawal request by downloading the PDF file from their customer account, printing it and filling it in with the information requested. Alternatively, the Customer may use the withdrawal form reproduced in Appendix I of these GTC and notify their decision to withdraw by post to the address given on the form.
10.4. Returns.
In case of withdrawal by the Customer, the Customer must return the Product to CROSSCALL - c/o MOBY - 20, rue Pierre et Marie Curie - ZA La Blinière - 35 370 Argentré du Plessis – FRANCE , without undue delay and, in any event, no later than fourteen (14) days after the Customer has communicated on the withdrawal form his/her decision to withdraw from the contract. This deadline is deemed to have been met if the Customer sends the Products from the order before the fourteen (14) day deadline has expired. The direct costs of returning the Products shall be borne entirely by the Customer. The Products must be returned within this fourteen (14) day period, complete, in their original packaging, in perfect condition, not used and accompanied by all the accessories and documents supplied (instructions, guarantee, certificate, etc.) as well as a copy of the invoice attached to the products delivered.
10.5. Effects.
In the event of withdrawal by the Customer, CROSSCALL shall reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by CROSSCALL) without undue delay and, in any event, no later than fourteen (14) days from the date on which CROSSCALL has received the Product(s) which are the subject of the order, or until the Customer has provided proof of dispatch of such Product(s), whichever is the earlier.
If only part of the Products covered by the order are returned, the delivery costs will be reimbursed as follows:
- If delivery costs have been calculated on the basis of the number of products ordered, they will be reimbursed in proportion to the products returned by the Customer.
- In the case of flat-rate delivery charges, these will not be reimbursed.
CROSSCALL will refund the Customer using the same means of payment that the Customer used for the initial transaction. With the express agreement of the Customer another means of payment may be used. In any case, this refund will not incur any costs for the Customer.
10.6. Limitations.
The Customer is reminded that, in the event of withdrawal after use of the Product(s), he/she is liable for the reduced value of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s). According to the European Commission, these manipulations are those that a consumer may carry out in a shop, for the goods offered for sale there. Consequently, the Customer is informed that CROSSCALL will check the conformity of the returned Products upon receipt. If the returned Product does not conform, the cost of repair and/or reconditioning may be deducted from the amount refunded to the Customer. Similarly, if the Product has been used beyond what is reasonably necessary to establish the nature and characteristics or proper functioning of the Product, CROSSCALL reserves the right to apply a discount proportional to the use and depreciation of the Product, the amount of which will be deducted from the refund due to the Customer.
If the Customer returns only part of the order, CROSSCALL shall only refund the amount of the Product returned. Furthermore, if the Product or accessory not returned has been acquired free of charge at the date of the order, the Customer having benefited from a promotional operation, such as in particular a sale with a bonus or a subordinate sale, CROSSCALL will request the return of the accessory or bonus, failing which, its unit market value, as shown on the CROSSCALL website, will be deducted from the amount refunded to the Customer.
11 Intellectual property
11.1. The content of the Site is the exclusive property of CROSSCALL and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
11.2. CROSSCALL remains the owner of all intellectual property rights on the Products, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether registered or not. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for whatever reason and on whatever medium, without the express prior consent of CROSSCALL, is strictly prohibited. The same applies to any combination or conjunction of the elements of CROSSCALL with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, drawings, models, patents and studies which are the property of CROSSCALL.
The Customer shall refrain from reproducing or exploiting the said Products, trademarks, illustrations, images, logos, studies, drawings, models and patents, without the express, written and prior authorisation of CROSSCALL.
12. Personal data
We invite you to consult our Personal Data and Cookies charter on the Site.
13. Waiver of liability
CROSSCALL shall not be held liable in the event of non-performance or improper 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 to force majeure.
14. Miscellaneous clauses
14.1. The headings contained in these GTC are for information purposes only and are not contractual.
14.2. The nullity of a contractual clause does not entail the nullity of the GTCS unless it is a determining clause which led one of the Parties to conclude the sales contract.
14.3. The temporary or permanent non-application of one or more clauses of the GTCS by CROSSCALL shall not constitute a waiver by CROSSCALL of the other clauses of the GTCS which shall continue to have effect.
15. Treatment of waste 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.
These general terms and conditions of sale are governed by French law, subject to the mandatory rules 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 http://www.cmap.fr/.
At European level, the European Commission provides an online dispute resolution platform.
16.2.2. Legal settlement.
Alternatively, the Customer can choose to refer directly 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 residence or domicile of the Customer.
APPENDIX 1 MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of :
CROSSCALL c/o MOBY
20 RUE PIERRE ET MARIE CURIE
ZA LA BLINIERE
35 370 Argentré du Plessis
FRANCIA
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
[1] Article 1218 of the French Civil Code: “Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.”