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 capital of €450,555, 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 general terms and conditions of sale (the " GTC" ) apply to consumers (the " Customer(s)" ) wishing to purchase the products offered for sale on the CROSSCALL website (the " Products ") accessible at the following address:  http://crosscall.com/ (the " Site" ).

A consumer is defined in the Consumer Code as: "any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity."

1.2. Products.

 1.2.1    The Products may be:

- new products manufactured in the CROSSCALL production plant after passing all mandatory tests prior to their release on the market, thereby meeting legal safety requirements and the use that the Customer can expect (the " New Products ");

or

- Refurbished products sold in mainland France only, which are second-hand products within the meaning of Article L 321-1 of the French Commercial Code, having undergone testing of all functionalities to establish that they meet legal safety requirements and the use that the Customer can legitimately expect, as well as, where applicable, one or more interventions to restore their functionality by reconditioners approved by CROSSCALL. These products have undergone data erasure whenever necessary before being put on sale (the " Reconditioned 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 in accordance 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 only to Customers with a delivery address in mainland France (hereinafter referred to as the " Territory" ). Any request to place an order for delivery to a territory other than the Territory must be accepted in writing by CROSSCALL in advance. To this end, the Customer must contact CROSSCALL using the contact details above. If the Customer fails to contact CROSSCALL and obtain CROSSCALL's agreement, CROSSCALL shall not be 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 reserves the right to modify its T&Cs at any time. The T&Cs applicable on the date of the order will be those accepted by the Customer at the time of placing the order. The Customer is therefore advised to read and accept the T&Cs carefully with each order, as they may have changed between two successive orders.

1.7. Product Specifications – Instructions for Use.

The photos contained on the Website are for illustrative purposes only. The Customer is invited to refer to the description of each Product on the Website to find out its specific and essential characteristics, including the checkpoints for Refurbished Products. If in doubt or if additional information is required, Customers are invited to contact CROSSCALL. The method of use of the Product, if it is an essential element, is mentioned in the electronic catalog or at the latest upon delivery.

1.8 Self-repair.

The design of several CROSSCALL Products allows the Customer to repair his/her Product(s) himself/herself (" Self-repair ").

Important:

Customers who carry out repairs themselves may expose themselves to safety risks and/or damage their device. CROSSCALL shall not be liable for any risks arising from such repairs (see Articles 9.1 and 13 of these Terms and Conditions).
As such, CROSSCALL advises Customers to entrust the repair of the Product concerned to CROSSCALL's after-sales service (" ASS" ) by 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 at 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 designed its device withself-repair in mind. As such, CROSSCALL provides disassembly guides on its Website, and the safety precautions outlined therein must be strictly followed by the Customer. Since CROSSCALL has 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 will not 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 Website is available via the Internet 24 hours a day, 7 days a week, except in cases of force majeure¹ or events beyond CROSSCALL's control, or due to maintenance, updates, or technical improvements, or to develop its content and/or presentation. For all orders, the Customer is responsible for the telecommunication costs incurred when accessing the Internet and using the Website.

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 confirmation of their order are subject to prior written acceptance by CROSSCALL. CROSSCALL reserves the right to make changes to the Product ordered that are related to technical developments under the conditions set out in Article R. 212-4 of the French Consumer Code.

2.5 Available stock.

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

2.6 Order confirmation.

CROSSCALL will then confirm receipt of the order for Products/Spare Parts by sending an automatic email containing (i) the names of the Products, (ii) the price including tax and shipping costs, (iii) and, where applicable, (iv) any difficulties or reservations relating to the order placed. CROSSCALL reserves the right to refuse any order for legitimate reasons, particularly if the quantities of Products/Spare Parts ordered are abnormally high for buyers who are consumers.

3. Rates - Payment


3.1. Current rates.

CROSSCALL may modify its prices at any time, but Products/Spare Parts will be invoiced to the Customer at the prices in effect 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 can choose from several payment methods: Shop Pay, Visa, Mastercard, American Express, Apple Pay, and PayPal. IN ALL CASES, THE PRODUCTS/SPARE PARTS ORDERED REMAIN THE PROPERTY OF CROSSCALL UNTIL THEIR FULL PRICE HAS BEEN PAID BY THE CUSTOMER.

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 not be required to deliver the Products/Spare Parts ordered by the Customer if the latter does not pay the full price in accordance with the terms and conditions specified.

Payments are debited at the time of order confirmation.

Any order for Products/Spare Parts paid for by credit card shall only be considered effective once the relevant payment centers have given their approval. When debiting the order, in the event of irregular, incomplete, or non-existent payment for any reason whatsoever, CROSSCALL reserves the right to block delivery of the Products/Spare Parts ordered. The Customer will be informed of this by email so that they can 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 transaction security and respond to the widespread concern about preventing fraud in distance selling, CROSSCALL may carry out checks on orders placed.

As part of an inspection, CROSSCALL may send an email requesting the following information:

  • 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.

In the absence of supporting documentation, or if the documents provided do not allow CROSSCALL to verify the identity of the person placing the order, the validity of the address, or the apparent solvency of the customer, CROSSCALL reserves the right to cancel the order.

 3.3.1.3 Failure to comply with payment terms. CROSSCALL reserves the right, when the agreed price is not paid by the due date, either to demand 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 formal notice, bear interest at the legal 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.

An invoice is issued by CROSSCALL at the time of shipment of the Product and/or Spare Part. 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 choose a delivery address located within the Territory in accordance with Article 1.3 of these T&Cs, otherwise the order will be refused. The Customer is solely responsible for any failure to deliver due to an error in the address provided when creating their customer account or when placing the order. CROSSCALL cannot be held responsible for any data entry errors and the consequences thereof (e.g., delays or delivery errors). In this case, the costs incurred for resending 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 undertakes to make every effort to deliver the Products/Spare Parts ordered by the Customer within the time limits specified above. When the Product/Spare Part ordered is not delivered on the date or by the deadline mentioned on the Website (for any reason other than force majeure or during periods of maintenance or closure of 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 requesting CROSSCALL to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or by writing on another durable medium. The sums paid by the Customer will then be refunded without delay, excluding any compensation or deduction.

4.7 Transfer of risk.

The risks of loss or damage to the Product/Spare Parts are transferred to the Customer at the moment when they, or a third party designated by them, physically take possession of the Product, regardless of its nature, pursuant to Article L. 216-2 of the Consumer Code. The Product/Spare Parts delivered to the Customer by a carrier chosen by CROSSCALL are transported at CROSSCALL's risk. The Product/Spare Parts delivered to the Customer by a carrier chosen by the Customer are transported at the Customer's risk from the moment the goods are handed over to the carrier.

4.8 Special requests.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by CROSSCALL, the related costs will be subject to specific additional invoicing, previously accepted 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 by 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 for the following reasons:
- "NPAI": the Customer does not live at the address provided or the recipient is unknown at that address;
-    "Unclaimed": these are parcels that have not been claimed by the Customer at the post office or collection point within the specified time limit (as stated on the delivery notice);
- "Refused": the Customer has refused delivery of the parcel.

After CROSSCALL has received and accepted the package, an email will be sent to the Customer to notify them that their package has been received, stating the reason for the return and proceeding with the refund of their order.

 

7. Updates

 

7.1 Update required for Product compliance.

CROSSCALL will provide the Customer with the updates necessary to maintain the Products' compliance with the contract and Article L 217-5 of the Consumer Code. It will inform the Customer of the availability of these updates and the consequences for the Customer of not installing them.

If the Customer fails to install these updates within a reasonable period of time or installs them incorrectly, CROSSCALL shall not be liable for any lack of conformity of the Product resulting solely from the Customer's failure to install the said updates despite having been informed, or from incorrect installation that is not due to any 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 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

 

It is hereby reiterated that all Products/Spare Parts supplied by CROSSCALL, including content and/or digital service(s), updates, 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 provides the Customer with a commercial warranty on the Products, independently of and in addition to the legal warranty of conformity and the warranty against hidden defects as described above. For more information on the terms and conditions of CROSSCALL's 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 does not offer any commercial warranty on spare 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, Customers must notify CROSSCALL of their decision to withdraw in writing within the fourteen (14) days 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.

In the event of withdrawal by the Customer, the Customer must return or hand back 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 expiry of the fourteen (14) day period. The direct costs of returning the Products shall be borne entirely by the Customer. 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 Products/Spare Parts delivered.

10.5. Effects.

In the event of withdrawal by the Customer, CROSSCALL will refund all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the Customer's choice, , where applicable, a delivery method other than the least expensive standard delivery method offered by CROSSCALL) without undue delay and, in any event, no later than fourteen (14) days from the day on which CROSSCALL received the Product(s) that were the subject of the order, or until the Customer has provided proof of shipment of this Product(s), whichever is earlier.

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 will make the refund using the same payment method that the Customer used for the initial transaction. With the Customer's express agreement, another method may be used. In any event, this refund will not incur any costs for the Customer.

10.6. Limitations.

It is hereby reiterated that, in the event of withdrawal after use of the Product/Spare Parts, the Customer shall be 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 is that which a consumer may carry out in a store for goods offered for sale there. Consequently, the Customer is informed that CROSSCALL will check the conformity of returned Products/Spare Parts upon receipt. If the returned Product/Spare Parts are not compliant, repair and/or reconditioning costs may be deducted from the amount refunded to the Customer. Similarly, if the Product/Spare Parts have 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/Spare Parts, the amount of which will be deducted from the refund due to the Customer.

10.7.

In the event that the Customer returns only part of the order, CROSSCALL will only refund the amount of the returned Product/Spare Part. Furthermore, if the Product or accessory that is not returned was acquired free of charge on the date of the order, the Customer having benefited from a promotional offer, such as a bonus sale or conditional sale, CROSSCALL will request the return of the accessory or bonus; failing this, 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 Website is the exclusive property of CROSSCALL and 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 copyright.

11.2.

CROSSCALL remains the owner of all intellectual property rights relating to 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 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 with 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 refrain from reproducing or exploiting 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 products that generate the following data:
Type of data: device model, IMEI 1 and 2, software version, Android version, network operators used, battery indicators, remaining capacity, charge cycles, voltage, charge temperature, date of manufacture, date of first and last use, X-SCAN usage indicators, button configuration, screen settings, data required for updates, WiFi 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.

Responsible party: CROSSCALL.
Purpose of processing: improvement of products and services, maintenance.
Legal basis: consent, performance of contract, legitimate interest.
Data recipient: CROSSCALL only.
Transfer outside the EU: none.

12.6. Personal Data.

To learn more about how CROSSCALL processes your personal data, please consult our Data Protection Policy and our cookie policy on the Website.

 

13. Disclaimer

 

CROSSCALL cannot be held liable in the event of non-performance or poor performance of the contract due to the Customer, an insurmountable and unforeseeable event involving a third party to the contract, or force majeure.

Furthermore, CROSSCALL cannot 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 repaired by the Customer themselves (self-repair) or by any person other than CROSSCALL or its authorized service provider(s), including those in which an original CROSSCALL spare part has been fitted;

- Any CROSSCALL spare part that has been modified without CROSSCALL's authorization to alter 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 in conditions for which the Spare Part was not designed, use in an inappropriate environment, or use of Products/Spare Parts contrary to the safety guides and instructions published by CROSSCALL on its Website.Spare Parts contrary to the safety guides and instructions published by CROSSCALL on 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 non-application of one or more clauses of the GTC by CROSSCALL shall not constitute a waiver on its part of the other clauses of the GTC, which shall continue to have effect.

 

15. Treatment of waste electrical and electronic equipment

 

In accordance with Law No. 2020-105 of February 10, 2020, on waste reduction and the circular economy (known as the "AGEC" Law), the following unique identifiers have been issued to CROSSCALL:

CITEO
Packaging		  FR234480_01ASSW
CITEO Papers  FR234480_03IFIM
ECOLOGIC  FR234480_05FYVD
SCRELEC  FR022662_06SLFB


CROSSCALL informs the Customer that, in accordance with current legislation, electrical and electronic equipment that is at the end of its life, obsolete, or no longer working must not be disposed of in ordinary 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.

As such, CROSSCALL offers Customers the option of returning their used device(s) to the eco-organization ECOLOGIC, which is approved for EPR channels, at one of its collection points: 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 Consumer Code concerning the amicable settlement of disputes, CROSSCALL is a member of the Mediator Service of the Paris Mediation and Arbitration Center, whose contact details are as follows: 39, avenue Franklin D. Roosevelt 75008 Paris (www.cmap.fr). After first contacting CROSSCALL in writing, the Customer may refer any consumer dispute that has not been resolved to the Mediator's Service free of charge. To find out 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 c/o 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.