Terms and Conditions

GENERAL TERMS AND CONDITIONS OF ONLINE SALES B2C 2025 France

Version dated October 2, 2025


Seller identification:

CROSSCALL, a simplified joint-stock company with a capital of 450,555 euros, registered in the Aix-en-Provence Trade and Companies Register under number 518 706 890

Headquarters: 245 rue Paul Langevin– ZONE D’ACTIVITES DES MILLES – 13290 AIX EN PROVENCE France

Email: shop@crosscall.com
Phone: 04 42 60 75 70 (Monday through Friday, 8:30 AM–1:00 PM / 1:30 PM–4:00 PM)

 

1. Scope of application and enforceability


1.1. Online sales.

These Terms and Conditions of Sale (the “T&Cs” ) apply to consumers (the “Customer(s)” ) who wish to purchase the products offered for sale on the CROSSCALL website CROSSCALL the “Products” ), accessible at the following address:  http://crosscall.com/ (the “Website” ).

A consumer is defined in the French Consumer Code as: “any natural person acting for purposes that fall outside the scope of their commercial, industrial, craft, professional, or agricultural activity.”

1.2. Products.

 1.2.1    The Products may be:

- new products manufactured at the CROSSCALL production facility CROSSCALL passing all mandatory tests required for market release, thereby meeting legal safety requirements and the use that the Customer can reasonably expect ( the “New Products ”);

or

- refurbished products sold exclusively in mainland France, which are used products as defined in Article L 321-1 of the French Commercial Code, having undergone testing of all functionalities to confirm that they meet legal safety requirements and the use that the Customer may legitimately expect, as well as, where applicable, one or more repairs to restore their functionality by refurbishers approved by CROSSCALL. These products have undergone data erasure whenever necessary prior to being offered for sale ( the “Refurbished Products ”).

 1.2.2. CROSCALL also offers its Customers the option of purchasing new or reconditioned spare parts (the " Spare Parts ") on its Website.

1.3. Exclusive scope of application.

These Terms and Conditions of Sale are intended solely for Customers as defined in Section 1.1 of these Terms and Conditions of Sale acting exclusively on their own behalf.

They become binding on the Customer, who acknowledges, upon checking the box provided for this purpose (“I accept the Terms and Conditions of Sale”), that they have read and accepted them without restriction or reservation. The storage and reproduction of the applicable Terms and Conditions are ensured by CROSSCALL with Article 1127-1 of the Civil Code. They shall prevail over any other version or any other conflicting document having the same subject matter.
The Terms and Conditions are also communicated to the Customer by email after the order is confirmed. The Terms and Conditions may be provided upon simple request by the Customer sent to: shop@crosscall.com.

1.4. Territory.

The Products/Spare Parts on the Website are offered for sale exclusively to Customers with a delivery address in mainland France (hereinafter the “Territory” ). Any request to place an order for delivery to a location outside the Territory must first be accepted in writing by CROSSCALL. To this end, the Customer must contact CROSSCALL contact information provided above. If the Customer fails to contact CROSSCALL obtain CROSSCALL consent, CROSSCALL shall not be held liable in any way whatsoever.

1.5. Language.

These Terms and Conditions of Sale and all contractual information mentioned on the Website are written in French.

1.6. Amendment of the GTC.

CROSSCALL the right to modify its Terms and Conditions at any time. The Terms and Conditions applicable on the date of the order will be those accepted by the Customer at the time the order is placed. Customers are therefore advised to read and accept the Terms and Conditions carefully with each order, as they may have changed between consecutive orders.

1.7. Product Specifications – Instructions for Use.

The photos on the Website are for illustrative purposes only. Customers are encouraged to refer to the description of each Product on the Website to learn about its specific and essential characteristics, including the inspection points for Refurbished Products. If in doubt or if additional information is required, the Customer is encouraged to contact CROSSCALL. Instructions for use of the Product, if essential, are provided in the online catalog or, at the latest, upon delivery.

1.8 Self-repair.

Many CROSSCALL products are designed CROSSCALL customers to repair their own products ( “Self-repair” ).

Important:

Customers who attempt to repair the Product themselves may put their safety at risk and/or damage their device. CROSSCALL will not be liable for any risks arising from such self-repairs(see Articles 9.1 and 13 of these Terms and Conditions).
As such, CROSSCALL the Customer to entrust the repair of the Product in question to CROSSCALL after-sales service ( “SAV” ) CROSSCALL clicking here: https://www.crosscall.com/fr_FR/help/

If the Customer wishes to repair their Product themselves, they may purchase replacement parts on the Website. In this regard, CROSSCAL encourages the Customer to refer to the product code of each replacement part required for the repair to review its specifications.
In case of doubt or for additional information, the Customer is invited to contact CROSSCALL the following address: shop@crosscall.com.
 
Spare parts must be used by the Customer solely for the purpose of performing a self-repair on their Product.
CROSSCALL its device withself-repair in mind. As such, CROSSCALL disassembly guides on its Website, and the safety precautions outlined therein must be strictly followed by the Customer. CROSSCALL provided the Customer with the appropriate safety instructions to perform a self-repair, it cannot be held liable for any damage or defect occurring during a self-repair or for any resulting consequences to the extent that such damage is attributable to the Customer’s clumsiness, negligence, fault, or failure to follow the Product’s repair instructions.
CROSSCALL willCROSSCALL provide any technical assistance other than that offered in the disassembly guides on its website regarding the use of these spare parts.

2. Ordering Products on the Website


2.1. Access to the Site.

Access to the Site is available via the Internet 24 hours a day, 7 days a week, except in cases of force majeure¹ or events beyond CROSSCALL control CROSSCALL due to maintenance, updates, or technical improvements, or to update the content and/or layout. For any order, the Customer is responsible for telecommunication costs incurred when accessing the Internet and using the Site.

2.2. Placing the order.

To place an order, the Customer must follow the instructions on the Website: the Customer fills their virtual shopping cart, which shows the selected Products/Spare Parts and the desired quantities. The order is first summarized in the shopping cart, which lists all the Products and/or Spare Parts selected by the Customer. The Customer then clicks on the "ORDER" button
in order to proceed to the order confirmation stage in accordance with Article 2.5 of these GTC.

2.3 Order confirmation - Electronic signature.

To confirm their order, the Customer provides their email address, delivery information, and payment method information, and then has the option to (i) view the order details, including the total price including tax and applicable shipping costs, and (ii) correct any errors. Finally, the Customer acknowledges having read and accepted the general terms and conditions of sale when they click on "PAY NOW" in accordance with Article 1.3 of these GTC.

2.4 Order modification.

Any changes to an order made by the Customer after the order has been confirmed are subject to CROSSCALL prior written approval. CROSSCALL reserves the right to make changes to the ordered Product that are related to technical developments, in accordance with the conditions set forth in Article R. 212-4 of the French Consumer Code.

2.5 Available stock.

Offers for Products/Spare Parts are subject to availability. Information regarding the availability of Products/Spare Parts is provided at the time the order is placed. In the exceptional event that an order for unavailable Products/Spare Parts has been confirmed by CROSSCALL a stock error at the time of the order, CROSSCALL refund the Customer within a maximum of fourteen (14) days.

2.6 Order confirmation.

CROSSCALL then CROSSCALL receipt of the order for Products/Spare Parts by sending an automated email that includes (i) the names of the Products, (ii) the total price including tax and shipping costs, (iii) and, if applicable, (iv) any issues or reservations regarding the order placed. CROSSCALL the right to refuse any order for legitimate reasons, particularly if the quantities of Products/Spare Parts ordered are abnormally high for buyers acting as consumers.

3. Rates - Payment


3.1. Current rates.

CROSSCALL change its prices at any time, but Products/Spare Parts will be billed to the Customer at the current rates listed on the Website at the time the Customer places the order.

The prices indicated on the Website:
(a) are expressed in US dollars, including all applicable taxes;
(b) include all applicable taxes in force;
(c) do not include shipping and delivery costs, which are charged as an extra, depending on the Customer's choices at the time of ordering, for the delivery of the Products ordered. The cost of the mode or time of transport or delivery (depending on the Customer's choice) will be indicated at the latest before the Customer confirms the order.

3.2. Tariff 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 Website. The period of validity of offers and prices for Products is determined by updates to the Website.

3.3. Payment for the order.

The Customer may choose from several payment methods: Shop Pay, Visa, Mastercard, American Express, Apple Pay, and PayPal. IN ANY CASE, THE PRODUCTS/SPARE PARTS ORDERED REMAIN THE PROPERTY OF CROSSCALL THE CUSTOMER HAS PAID THE FULL PRICE.

3.3.1 Cash payment.
3.3.1.1Conditions. The price is due and payable in full on the day the Customer places the order, via secure payment, according to the following terms:

- Payment by credit card, secured by PayPlug, or

- Payment via Shopify Payments for PayPal and Apple Pay, or

- Payment via any other secure server under the conditions set out in Article 3.3.1.2 of these Terms and Conditions.

CROSSCALL shall CROSSCALL be required to deliver the Products/Spare Parts ordered by the Customer if the Customer fails to pay the full price in accordance with the specified terms.

Payments are debited at the time of order confirmation.

Any order for Products/Spare Parts paid for by credit card is considered final only once the relevant payment processors have approved it. When the order is charged, if the payment is irregular, incomplete, or does not go through for any reason, CROSSCALL the right to suspend delivery of the ordered Products/Spare Parts. The Customer will be notified by email to resolve the issue; otherwise, the conditions set forth in Section 3.3.1.3 will apply.

 3.3.1.2 Transaction Security.
(a) CROSSCALL that payment card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in plain text over the network. Payment is made directly to the bank.
(b) To ensure transaction security and address the widespread concern regarding the prevention of fraud in online sales, CROSSCALL be required to perform checks on order placement.

As part of an audit, CROSSCALL send an email requesting the following:

  • proof of address and identity (for example, an electricity bill,
    a landline telephone bill to complete the order).
  • a scanned copy of the partially obscured front and back of the credit card
    (without revealing the security code);

In this case, the delivery period shall only commence from the date of shipment of the order, which cannot be earlier than the date of validation of the supporting documents.

If no supporting documentation is provided, or if the documents submitted do not allow us to verify the identity of the person placing the order, the validity of the billing address, or the apparent creditworthiness, CROSSCALL the right to cancel the order.

 3.3.1.3 Failure to comply with payment terms. CROSSCALL the right, if the agreed price is not paid by the due date, either to seek enforcement of the sale or to terminate the contract by sending an email to the Customer. Any amount not paid by the due date shall, without the need for formal notice, accrue interest at the statutory rate.

3.3.2 Payment in 3 or 4 installments or deferred payment at no extra cost by credit card with our partner Floa.

Our financial partner, Floa, offers payment solutions for your purchases of goods and/or services, with deferred payment in 3 or 4 installments via credit card. These payment solutions are available only to individuals (adults) residing in France who hold a Visa or MasterCard credit card with an expiration date that extends beyond the repayment period. Floa SA, RCS Bordeaux 434 130 423, with its registered office located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300), is subject to supervision by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09 and registered with ORIAS under number 07 028 160 (www.orias.fr).

FLOA reserves the right to accept or refuse your financing application; you have the legal right to withdraw from the agreement. For more information, click here. 

Please note that if you request to pay for your order of goods and/or services using these payment solutions, your personal data will be transmitted to FLOA for the purposes of reviewing your financing application, managing your credit agreement and, where applicable, debt collection. For more information, click here.

3.3.3 Payment in 10 installments by credit card with our partner Floa.

A loan is a commitment and must be repaid. Check your repayment capacity before committing yourself. 
Our financial partner, Floa, offers you the option of financing your purchases of goods and/or services on credit. This credit solution is reserved for individuals (natural persons of legal age) residing in France who hold a Visa or MasterCard credit card with an expiry date more than six months after the date of purchase. Floa SA - Registered office: Immeuble G7, 71 rue Lucien Faure, 33300 Bordeaux - RCS Bordeaux 434 130 423. Subject to supervision by the Autorité de Contrôle Prudentiel et de Résolution (Prudential Control and Resolution Authority) 4 Place de Budapest, CS 92459, 75436 Paris. Orias No.: 07 028 160 (www.orias.fr).

Floa reserves the right to accept or refuse your financing request; you have the legal right to withdraw from the agreement. Please note that if you request to pay for your order of goods and/or services using this credit solution, your personal data will be sent to Floa for the purposes of reviewing your financing request, managing your credit agreement, and, if necessary, debt collection. More information here.

A representative example and its mentions provided by your contact Floa:

A loan is a commitment and must be repaid. Check your repayment capacity repayment capacity before committing yourself.

Example of a purchase of €1,500*: Down payment of €156.12 followed by 9 monthly payments of €156.12**. Fixed APR of 11.26%, fixed borrowing rate of 10.72%. Total amount owed by the borrower = €1,404.63, including €60.75 in credit costs.

*Subject to acceptance by FLOA. You have the legal right to cancel within the cooling-off period. 

**Indicative example with no contractual value calculated on the basis of a first maturity date 30 days after the financing date. The last monthly payment may vary up or down. 

3.4. Invoice.

CROSSCALL issues an invoice CROSSCALL the Product and/or Replacement Part is shipped. The invoice is available in the order details on the Website.

3.5. Archiving and evidence.

Communications, purchase orders, and invoices are archived on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders, and invoices may be produced as proof of the contract. The purchase order may be sent to the Customer at any time upon request, and the Customer is advised to keep a copy (electronic or paper) for their own records.

4. Delivery

 

4.1 Definition.

Delivery means the transfer to the Customer of physical possession or control of the Product/Spare Part.

4.2 Delivery method.

The Customer chooses one of the delivery methods offered on the Website when placing the Order. The Products/Spare Parts ordered may be delivered in one or more shipments. Deliveries are made by an independent carrier.

4.3 Place of delivery.

Products/Spare Parts are delivered to the address provided by the Customer when placing the order. The Customer must select a delivery address located within the Territory in accordance with Section 1.3 of these Terms and Conditions; failure to do so may result in the order being refused. The Customer is solely responsible for any failure to deliver due to an incorrect address provided when creating their customer account or in the order. CROSSCALL be held liable for any data entry errors or the resulting consequences (such as delays or delivery errors). In such cases, the costs incurred for reshipping the order will be borne by the Customer.

4.4 Shipping costs.

The amount of delivery charges depends on the order amount and the delivery method chosen by the Customer. In any event, the amount of delivery charges is indicated to the Customer before the order is confirmed.

4.5 Delivery times.

The Products/Spare Parts ordered by the Customer will be delivered to the address specified by the Customer when placing the order, within the time frame indicated on the Website and communicated to the Customer before the order is confirmed. In the event of a pre-order for a Product, delivery will be postponed until the date of arrival in physical stock as indicated on the Product page.

4.6 Delayed or failed delivery.

CROSSCALL to use its best efforts to deliver the Products/Spare Parts ordered by the Customer within the timeframes specified above. If the ordered Product/Spare Part is not delivered by the date or upon the expiration of the timeframe specified on the Site (for any reason other than force majeure or during periods of maintenance or closure of the online stores, which will be announced on the store page), the Customer, in accordance with Article L. 216-6 of the French Consumer Code, may, after unsuccessfully urging CROSSCALL fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The amounts paid by the Customer will then be refunded without delay, excluding any compensation or deductions.

4.7 Transfer of risk.

The risk of loss or damage to the Product/Spare Parts passes to the Customer at the moment the Customer, or a third party designated by the Customer, takes physical possession of the Product, regardless of its nature, pursuant to Article L. 216-2 of the French Consumer Code. The Product/Spare Part delivered to the Customer by a carrier chosen by CROSSCALL is transported at CROSSCALL risk. The Product/Spare Part delivered to the Customer by a carrier chosen by the Customer is transported at the Customer’s risk from the moment the item is handed over to the carrier.

4.8 Special requests.

In the event of a specific request by the Customer regarding the packaging or shipping conditions for the ordered Products, which has been duly accepted in writing by CROSSCALL, the associated costs will be subject to a separate invoice, which must be approved in advance by the Customer.

5. Reception

 

Delivery, in accordance with Article 4.1 of these GTC, shall be deemed to have been made when the Product/Spare Part is delivered by the carrier to the address specified by the Customer.

The Customer is required to verify that the Product/Spare Part delivered to them matches the order. The Customer must then formally acknowledge acceptance of the delivery by signing the delivery receipt provided by the carrier. If the Product/Spare Part is non-compliant or damaged at the time of delivery, the Customer must submit a claim within a maximum of three (3) days from the date of receipt to CROSSCALL sending an email to the following address: shop@crosscall.com.

If the Customer is not available at the address indicated to receive the delivery, the carrier will leave a delivery notice for the Customer indicating that the Order has been left at a post office/pickup point.


6. Handling of packages not delivered by the carrier

 

These are packages that were not delivered by the carrier and were returned to CROSSCALL the following reasons:
- “NPAI”: the Customer does not live at the address provided or the recipient is unknown at that address;
-    “Unclaimed”: these are packages that were not claimed by the Customer at the post office or pickup point within the specified time frame (as indicated on the delivery notice);
- “Refused”: the Customer refused delivery of the package.

Once CROSSCALL has received and accepted the package, an email will be sent to the Customer to notify them of the receipt of their package, explaining the reason for the return, and to process the refund for their order.

 

7. Updates

 

7.1 Update required for Product compliance.

CROSSCALL the Customer CROSSCALL the updates necessary to ensure that the Products remain in compliance with the contract and Article L 217-5 of the French Consumer Code. It will notify the Customer of the availability of these updates and of the consequences for the Customer if they are not installed.

If the Customer fails to install these updates within a reasonable time or installs them incorrectly, CROSSCALL shall CROSSCALL be liable for any lack of conformity of the Product resulting solely from the Customer’s failure to install said updates after having been notified, or from incorrect installation that is not attributable to any deficiencies CROSSCALL the installation instructions provided by CROSSCALL .

7.2 Update not necessary for Product compliance.

In accordance with Article L 217-20 of the Consumer Code, updates that are not necessary for the Product's compliance 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 warranty of conformity and warranty against hidden defects

 

Please note that all Products/Spare Parts supplied by CROSSCALL, including digital content and/or services, updates, as well as their packaging and assembly instructions provided by CROSSCALL, are covered by the legal warranty of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code and the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code, regardless of any commercial warranty that may be granted.

"The consumer has a period of two years from the delivery of the new or used item to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, consumers are only required to establish the existence of the lack of conformity and not the date on which it occurred. For used goods (Refurbished Products), this period is set at 12 months.

"Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee shall apply to that 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 on which it occurred.

The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them.

"If the item is repaired under the legal warranty of conformity, the consumer
benefits from a six-month extension of the initial warranty.

If the consumer requests repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

"The consumer may obtain a reduction in the purchase price by keeping the goods or
terminate the contract and obtain a full refund in exchange for returning the goods, if:
"1° The professional refuses to repair or replace the goods;
"2° The repair or replacement of the goods takes place after a period of thirty days;
"3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular when the consumer definitively bears the costs of returning or removing the non-compliant goods, or if they bear the costs of installing the repaired or replacement goods;
"4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into compliance.

"The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In this case, the consumer is not required to request repair or replacement of the goods beforehand.

"The consumer is not entitled to cancel the sale if the lack of conformity is minor
.

"Any period during which the goods are out of service for repair or replacement shall suspend the warranty that remained in effect until the repaired goods are delivered.
"The above rights result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

"Any seller who acts in bad faith to obstruct the implementation of the legal guarantee of conformity shall be liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

"The consumer also benefits from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained, or a full refund upon return of the goods."
 

9. Commercial warranty

CROSSCALL also CROSSCALL the Customer CROSSCALL a commercial warranty on the Products, separate from and in addition to the statutory warranty of conformity and the warranty against hidden defects as described above. For more information on the terms and conditions of CROSSCALL commercial warranty, the Customer is invited to refer to the “Commercial Warranty Agreement” available by clicking here: https://www.crosscall.com/fr_FR/garantie.html

9.1. Exclusion of Parts from the commercial warranty.


CROSSCALL offer any commercial warranty on replacement parts.


10. Right of withdrawal

 

10.1. Reminder of legal provisions.

In accordance with the provisions of Article L.221-18 of the Consumer Code: "The consumer has a period of fourteen days to exercise their right to withdraw from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify their decision or 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 professional Customers or Customers acting in a professional capacity.

10.2. Legal time limit.

In accordance with the provisions of Article L. 221-18 of the 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 them (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 extended to the next working day.

10.3. Conditions for exercising the right of withdrawal.

To exercise their right of withdrawal, the Customer must notify CROSSCALL of their decision to withdraw in writing within the fourteen (14)-day period specified above.

The Customer may submit a withdrawal request by downloading the PDF file located in their customer account, printing it, and filling it in with the requested information. The Customer may also use the withdrawal form reproduced in Appendix I of these GTC and notify their decision to withdraw by post to the address mentioned in the form.

10.4. Returns.

If the Customer exercises their right of withdrawal, they must return or hand over the Product to CROSSCALL c/o MOBY - 20, rue Pierre et Marie Curie - ZA La Blinière - 35 370 Argentré du Plessis, without undue delay and, in any event, no later than fourteen (14) days after the Customer has notified the recipient indicated on the withdrawal form of their decision to withdraw from the contract. This deadline is deemed to have been met if the Customer returns the Products from the order before the expiration of the fourteen (14)-day period. The direct costs of returning the Products are entirely the Customer’s responsibility. The Products/Spare Parts must be returned within this fourteen (14)-day period, complete, in their original packaging, in perfect condition, unused, and accompanied by all accessories and documents provided (instructions, warranty, certificate, etc.) as well as a copy of the invoice attached to the delivered Products/Spare Parts.

10.5. Effects.

If the Customer exercises their right of withdrawal, CROSSCALL all payments received from the Customer, including delivery costs (except for any additional costs resulting from the Customer’s choice, where applicable, a delivery method other than the least expensive standard delivery method CROSSCALL ) without undue delay and, in any event, no later than fourteen (14) days from the day CROSSCALL the Product(s) covered by the order, or until the Customer has provided proof of shipment of this (or these) Product(s), whichever occurs first.

If only some of the Products/Spare Parts covered by the order are returned, the delivery costs will be refunded as follows:

- If delivery costs were calculated based on the number of Products/Spare Parts ordered, they will be refunded in proportion to the Products/Spare Parts returned by the Customer.

- In the case of flat-rate delivery charges, these will not be refunded.

CROSSCALL the refund using the same payment method the Customer used for the original transaction. With the Customer’s express consent, a different payment method may be used. In any case, this refund will not incur any charges for the Customer.

10.6. Limitations.

Please note that, in the event of cancellation after the Product/Spare Parts have been used, the Customer is liable for any depreciation of the Product/Spare Parts resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product. According to the European Commission, such handling refers to what a consumer might do in a store with goods offered for sale there. Consequently, the Customer is informed that CROSSCALL the returned Products/Parts upon receipt to verify their conformity. If the returned Product/Spare Parts do not comply, repair and/or reconditioning costs may be deducted from the amount refunded to the Customer. Similarly, if the Product/Spare Parts has been used beyond what is reasonably necessary to establish the nature, characteristics, or proper functioning of the Product, CROSSCALL the right to apply a deduction proportional to the use and depreciation of the Product/Spare Parts, the amount of which will be deducted from the refund due to the Customer.

10.7.

If the Customer returns only part of the order, CROSSCALL refund CROSSCALL the amount of the returned Product/Spare Part. Furthermore, if the Product or accessory that was not returned was obtained free of charge at the time of the order—for example, as part of a promotional offer such as a sale with a bonus or a bundled sale— CROSSCALL the return of the accessory or bonus; failing that, its unit market value, as listed 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 is protected by French and international intellectual property laws. Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of intellectual property rights.

11.2.

CROSSCALL ownership of all intellectual property rights in the Products, illustrations, images, and logos appearing on the Products, their accessories, and their packaging, whether registered or unregistered. Any reproduction, in whole or in part, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium whatsoever, without the express prior consent of CROSSCALL, is strictly prohibited. The same applies to any combination or conjunction of CROSSCALL elements CROSSCALL any other trademark, symbol, logo, and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model, patent, and studies that are the property of CROSSCALL.

The Customer shall not reproduce or use said Products, trademarks, illustrations, images, logos, studies, designs, models, and patents without the express prior written consent of CROSSCALL.

 

12. Data generated by the Products and personal data 

 

12.1. Information about generated data.

The Products (new or refurbished) are connected devices that generate the following data:
Data types: device model, IMEI 1 and 2, software version, Android version, network operators used, battery indicators, remaining capacity, charge cycles, voltage, charging temperature, date of manufacture, date of first and last use, X-SCAN usage indicators, button configuration, screen settings, data required for updates, Wi-Fi MAC address, IP address, location (city).

Data format: JSON.
Estimated volume: approximately 1 MB per month, depending on usage intensity.
Collection frequency: every 15 hours.

12.2. Storage and preservation.

The data is stored on a secure server located in Europe, with no transfer outside the European Union. The retention period is 5 years, after which the data is automatically deleted.

12.3. Access, portability, and deletion.

The user may:

  • Access your data upon request.
  • Request the export of your data in CSV format.
  • Request the deletion of your data at any time.
  • Requests should be sent to: dpo@crosscall.com.

 

12.4. User rights.

In accordance with Regulation (EU) 2023/2854 on data (Data Act) and the General Data Protection Regulation (GDPR), if the data can be classified as personal data, the user has the following rights:
Access, rectification, deletion, restriction, objection, portability.
Possibility of lodging a complaint with the competent national data protection authority under the GDPR.

12.5. Data controller.

Data Controller: CROSSCALL.
Purposes of processing: product and service improvement, maintenance.
Legal basis: consent, performance of a contract, legitimate interest.
Data recipients: CROSSCALL .
Transfers outside the EU: none.

12.6. Personal Data.

For more information about how CROSSCALL processes your personal data, please review our Privacy Policy and Cookie Policy on the Website.

 

13. Disclaimer

 

CROSSCALL shall CROSSCALL be held liable in the event of non-performance or improper performance of the contract due to the Customer’s actions, an insurmountable and unforeseeable act by a third party to the contract, or force majeure.

Furthermore, CROSSCALL shall CROSSCALL be held liable for:

- any damage or defect caused by the use of Spare Parts to attempt or carry out a Self-Repair that does not comply with the appropriate safety guidelines and instructions (see Article 1.8 of these GTC);

- any CROSSCALL Product CROSSCALL by the Customer themselves (self-repair) or by anyone other than CROSSCALL its authorized service provider(s), including cases where an original CROSSCALL spare part CROSSCALL installed;

- any CROSSCALL spare part CROSSCALL has been modified without CROSSCALL authorization CROSSCALL alters its functionality or capacity;

- consumable parts, such as batteries, unless the failure of the consumable is due to a defect in materials or workmanship;

- Any spare part that has been improperly stored, transported, installed, operated, handled, or used, including use under conditions for which the spare part was not designed, use in an inappropriate environment, or – use of the Products/Spare Parts contrary to the safety guidelines and instructions published by CROSSCALL its Website.

 

14. Miscellaneous clauses

 

14.1.

The headings contained in these GTC are for informational purposes only and are not binding.

14.2.

The invalidity of a contractual clause does not invalidate the GTC unless it is a decisive clause that led one of the parties to enter into the sales contract.

14.3.

The temporary or permanent failure by CROSSCALL to enforce one or more provisions of the Terms and Conditions shall CROSSCALL be construed as a waiver of its rights under the other provisions of the Terms and Conditions, which shall remain in full force and effect.

 

15. Treatment of waste electrical and electronic equipment

 

Pursuant to Law No. 2020-105 of February 10, 2020, on waste reduction and the circular economy (known as the “AGEC” Law) CROSSCALL the following unique identifiers have been issued to CROSSCALL

CITEO
Packaging		  FR234480_01ASSW
CITEO Papers  FR234480_03IFIM
ECOLOGIC  FR234480_05FYVD
SCRELEC  FR022662_06SLFB


CROSSCALL the Customer that, in accordance with applicable law, electrical and electronic equipment that is at the end of its useful life, obsolete, or no longer functional must not be disposed of in regular trash or in recycling bins, in accordance with Directive 2012/19/EU.

The purpose of this regulation is, in particular, to limit the waste of raw materials and to protect the environment and human health by preventing the dispersion of substances contained in certain devices into the environment.

To this end, CROSSCALL the Customer to return their used device(s) to ECOLOGIC, an eco-organization certified under the Extended Producer Responsibility (EPR) scheme, at one of the collection points listed at: https://cartographie.ecologic-france.com/.

 

16. Applicable law – Disputes

 

16.1. Applicable law.

 These general terms and conditions of sale are subject to 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 to them by the mandatory rules of their country of residence. Thus, notwithstanding the choice of applicable law mentioned above, the Customer may still benefit from the mandatory provisions of their local law, where these are more favorable than the law chosen to be applicable in the event of a dispute.

16.2. Dispute resolution.

 16.2.1. Amicable settlement.

In accordance with the provisions of the French Consumer Code regarding the amicable resolution of disputes, CROSSCALL of the Mediation Service of the Paris Mediation and Arbitration Center, whose contact information is as follows: 39 Avenue Franklin D. Roosevelt, 75008 Paris (www.cmap.fr). After first submitting a written request to CROSSCALL, the Customer may refer any consumer dispute that has not been successfully resolved to the Mediator’s Office free of charge. To learn how to refer a dispute to the Mediator, click here www.cmap.fr.

 16.2.2. Judicial settlement.

In the absence of an amicable settlement, the Customer may refer any dispute relating to the existence, interpretation, conclusion, performance, or breach of the GTC to the courts. The competent court in the event of a dispute shall be that of the place of residence of the defendant or, at the plaintiff's discretion, the place of actual delivery of the Product.
 


APPENDIX 1 MODEL WITHDRAWAL FORM


(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

CROSSCALL MOBY
20 RUE PIERRE ET MARIE CURIE ZA LA BLINIERE
35 370 Argentré du Plessis FRANCE

shop@crosscall.com

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.