CGV

GENERAL TERMS AND CONDITIONS OF ONLINE SALE B2C 2026 France

 


Seller identification:

CROSSCALL, Simplified Joint Stock Company with a capital of 450,555 euros, registered with the Aix-en-Provence Trade and Companies Register under number 518 706 890

Head office: 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 to Friday 8:30 AM-1 PM / 1:30 PM-4 PM)

 

1.    Scope and enforceability


1.1.    Online sales.

These general terms and conditions of sale (the « GTC ») apply to the consumer(s) (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 within the Consumer Code as: “any natural person acting for purposes that do not fall within the scope of his 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 before being placed on the market, thus meeting legal safety obligations and the use the Customer can expect (the « New Products »);

or

-    reconditioned products sold only in metropolitan France, which are second-hand products within the meaning of article L 321-1 of the Commercial Code, having undergone tests on all functionalities establishing that they meet legal safety obligations and the use that the Customer can legitimately expect, as well as, if applicable, one or more interventions to restore their functionalities by CROSSCALL-approved reconditioners. These products have undergone data erasure whenever necessary before being put up for sale (the « Reconditioned Products »).

 1.2.2.    CROSCALL also offers its Customers the possibility to purchase new Spare Parts or reconditioned Spare Parts (the « Spare Parts ») on its Website.

1.3.    Exclusive scope of application.

These General Terms and Conditions of Sale (GTC) are reserved for Customers within the meaning of article 1.1 of these GTC acting exclusively on their own behalf.
 
They become binding on the Customer who acknowledges, as soon as they check the box provided for this purpose ("I accept the General Terms and Conditions of Sale"), that they have read and accepted them without restriction or reservation. The preservation and reproduction of the applicable GTC are ensured by CROSSCALL in accordance with article 1127-1 of the civil code. They will prevail over any other version or any other contradictory document with the same purpose.
The GTC are also sent to the Customer by email after order confirmation. The GTC can be provided upon simple request from the Customer addressed to: shop@crosscall.com.

1.4.    Territory.

The Products/Spare parts on the Site are offered for sale only to Customers with a delivery address in mainland France (hereinafter the "Territory"). Any order request for delivery to a territory other than the Territory must be previously accepted in writing by CROSSCALL. To this end, the Customer must contact CROSSCALL at the above contact details. If the Customer has not contacted CROSSCALL and obtained CROSSCALL's agreement, CROSSCALL cannot be held liable under any circumstances.

1.5.    Language.

These GTC as well as all contractual information mentioned on the Site are written in French.

1.6.    Modification of the GTC.

CROSSCALL reserves the right to modify its GTC at any time. The GTC applicable on the order date will be the GTC accepted by the Customer at the time of placing the order. The Customer is therefore advised to be vigilant when reading and accepting the GTC with each order, as the GTC may have changed between two successive orders.

1.7.    Product Features – User Manual.

The photos on the Site are for illustrative purposes only. The Customer is invited to refer to the description of each Product on the Site to know its precise and essential characteristics, including the control points for Refurbished Products. In case of doubt or request for additional information, the Customer is invited to contact CROSSCALL. The mode 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 their Product(s) themselves ("Self-repair").

Important:

The Customer who proceeds with Self-repair may expose themselves to a safety risk and/or damage their device. The risks arising from such Self-repair will not be borne by CROSSCALL (see articles 9.1 and 13 of these GTC).
To this end, CROSSCALL advises the Customer to entrust the repair of the concerned Product to CROSSCALL’s after-sales service ("SAV") by clicking here: https://www.crosscall.com/fr_FR/help/

If the Customer wishes to proceed with the Self-repair of their Product, they can obtain Spare Parts on the Site. CROSSCALL invites the Customer to refer to the reference of each Spare Part necessary for the Self-repair to know its characteristics.
If in doubt or if additional information is needed, the Customer is invited to contact CROSSCALL at the following address: shop@crosscall.com.
 
Spare Parts must only be used by the Customer to carry out a Self-repair of their Product.
CROSSCALL has designed its device anticipating cases of Self-repair. To this end, CROSSCALL provides disassembly guides on its Site, and the safety measures must be strictly followed by the Customer. Since CROSSCALL has provided the Customer with appropriate safety instructions to carry out a Self-repair, it cannot be held responsible for any damage or defect occurring during a Self-repair or the resulting consequences, insofar as the damage is due to the Customer’s clumsiness, negligence, fault, or failure to follow the Product repair instructions.
CROSSCALL will not provide any technical support other than that offered in the disassembly guides on its website for the use of these Spare Parts.

2. Ordering Products on the Site


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's control, or due to maintenance operations, updates, or technical improvements, or to update the content and/or presentation. For any order, the Customer is responsible for telecommunication costs 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 Site: the Customer fills their virtual cart which shows the selected Products/Spare Parts and the desired quantities. The order is first summarized in the cart, listing all the Products and/or Spare Parts selected by the Customer. The Customer then clicks the button 
Click "ORDER" to proceed to the order confirmation step in accordance with article 2.5 of these Terms and Conditions of Sale.

2.3 Order Confirmation - Electronic Signature.

To confirm their order, the Client provides their email address, delivery information, and payment method information and then has the option (i) to view the order details, particularly the total price including all taxes with applicable shipping costs, and (ii) to correct any errors. Finally, the Client acknowledges having read and accepts the general terms and conditions of sale when clicking on “PAY NOW” in accordance with article 1.3 of these GTC.

2.4    Order modification.

Any modification of the order by the Client after confirmation of the order is subject to the prior written acceptance of CROSSCALL. The latter reserves the right to make changes to the ordered Product related to technical developments under the conditions provided for in article R. 212-4 of the Consumer Code.

2.5    Available stock.

Offers for Products/Spare Parts are subject to available stock limits. Information on the availability of Products/Spare Parts is provided at the time the order is placed. In the exceptional case where an order for unavailable Products/Spare Parts has been confirmed by CROSSCALL due to a stock error at the time of the order, CROSSCALL will refund the Client within a maximum of fourteen (14) days.

2.6    Order acknowledgment.

CROSSCALL then confirms the acceptance of the order for Products/Spare Parts by sending an automatic email, including (i) the names of the Products (ii) the indication of the price including all taxes and shipping costs (iii) and if applicable, (iv) any difficulties or reservations related to the order placed. CROSSCALL reserves the right to refuse any order for legitimate reasons, especially if the quantities of Products/Spare Parts ordered are abnormally high for buyers classified as consumers.

3.    Rates - Payment


3.1.    Current rates.

CROSSCALL may change its prices at any time, but Products/Spare Parts will be charged to the Client at the rates in effect shown on the Site at the time the Client places the order.

Prices indicated on the Site:
(a)    are expressed in Euros including all taxes;
(b)    include applicable taxes in force;
(c)    do not include transport and delivery fees, which are charged extra, depending on the Client's choices at the time of ordering regarding the delivery of the ordered Products. The cost of the transport or delivery method or time frame (depending on the Client's choice) will be indicated no later than before the Client confirms the order.

3.2.    Pricing characteristics.

Prices applicable on the day the order is placed are firm and not subject to revision during their validity period, as indicated on the Site. The validity period of offers and product prices is determined by the Site's updates.

3.3.    Order payment.

The Customer has several payment options: Shop Pay, Visa, Mastercard, American Express, Apple Pay, and PayPal. IN ANY CASE, THE PRODUCTS/SPARE PARTS ORDERED REMAIN THE PROPERTY OF CROSSCALL UNTIL FULL PAYMENT OF THEIR PRICE BY THE CUSTOMER.

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

-    Payment by credit card, secured by PayPlug, or

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

-    Payment via any other secure server under the conditions of article 3.3.1.2 of these GTC.

CROSSCALL will not be obliged to deliver the Products/Spare Parts ordered by the Customer if the Customer does not pay the full price under the conditions indicated.

Payments are debited at the time of order confirmation.

Any order of Products/Spare Parts paid by credit card is only considered effective once the relevant payment centers have given their approval. If, at the time of debiting the order, the payment is irregular, incomplete, or missing for any reason, CROSSCALL reserves the right to block the delivery of the ordered Products/Spare Parts. The Customer will be informed by email to resolve the issue; otherwise, 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 the SSL (Secure Socket Layer) protocol and never transmitted in clear text over the network. Payment is made directly to the bank.
(b)    To ensure transaction security and to address the widespread concern of preventing fraud in distance selling, CROSSCALL may carry out checks on order processing.

As part of a check, CROSSCALL may invite you by email to provide:

  • proofs of residence and identity (for example, an electricity bill,
    a landline phone bill for order verification).
  • a scanned copy of the front and back partially masked credit card
    (without providing the security code);

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

If no proof is provided or if the documents sent do not allow verification of the identity of the orderer, the reality of the address, or apparent solvency conditions, CROSSCALL reserves the right to cancel the order.

 3.3.1.3  Non-compliance with payment conditions. CROSSCALL reserves the right, when the agreed price is not paid on time, either to demand forced execution of the sale or to terminate the contract by sending an email to the Customer. Any amount unpaid at the due date accrues interest at the legal rate without formal notice.

3.3.2    Payment in 3X or 4X or deferred without fees by credit card with our partner Floa.

Our financial partner Floa offers payment solutions for your purchases of goods and/or services, deferred, in 3 or 4 installments by credit card. These payment solutions are reserved for individuals (adult natural persons) residing in France, holding a Visa or MasterCard credit card with a validity date corresponding to the repayment period. Floa SA, Bordeaux Trade and Companies Register 434 130 423, with its registered office at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300), subject to the supervision of the Prudential Control and Resolution Authority (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 request; you have the legal withdrawal period. To learn more, click here. 

Please note that if you choose to pay for your goods and/or services using these payment solutions, your personal data will be transmitted to FLOA for the purpose of studying your financing request, managing your credit contract, and if necessary, debt collection. For more information, click here.

3.3.3    Payment in 10X, 12X, 24X, 48X, 60X by credit card with our partner Floa.


A loan commits you and must be repaid. Check your repayment capacity before committing.


Our financial partner, Floa, offers you the possibility to finance your purchases of goods and/or services on credit. This credit solution is reserved for individuals (adult natural persons) residing in France, holders of a Visa or MasterCard bank card with a validity date at least 6 months beyond the purchase date. Floa SA - Headquarters: Immeuble G7, 71 rue Lucien Faure, 33300 Bordeaux - RCS Bordeaux 434 130 423. Subject to supervision by the 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 withdrawal period. For more information, click here. 
Please note that if you choose to pay for your goods and/or services using this credit solution, your personal data will be transmitted to Floa for the purpose of studying your financing request, managing your credit contract, and if necessary, debt collection. More information here.

A representative example for each schedule and its details provided by your Floa contact:

Example of a purchase of €325* financed with a dedicated credit of €291.12: Down payment of €33.87 followed by 9 monthly payments of €33.82*. Fixed APR of 11.35%, fixed debit rate of 10.80%. Total amount due by the borrower = €304.38, including €13.36 credit cost.

Example for a purchase of €2,000* with payment in 12 installments. Repayment in 11 monthly payments of €178.71** and a final payment of €184.90. Fixed APR 13.90%, fixed debit rate 13.085%. Total amount due: €2,150.71*.

Example for a purchase of €2,000* with payment in 24 installments. Repayment in 23 monthly payments of €95.16** and a final payment of €102.24. Fixed APR 13.90%, fixed debit rate 13.085%. Total amount due: €2,290.92*.

Example for a purchase of €2,000* with payment in 48 installments. Repayment in 47 monthly payments of €53.74** and a final payment of €62.76. Fixed APR 13.90%, fixed debit rate 13.085%. Total amount due: €2,588.54*.

Example for a purchase of €2,000* with payment in 60 installments. Repayment in 59 monthly payments of €45.59** and a final payment of €56.22. Fixed APR 13.90%, fixed debit rate 13.085%. Total amount due: €2,746.03*.


*Indicative example without contractual value calculated based on a first installment 30 days after the financing date. The last monthly payment may vary up or down. 

*You have the legal withdrawal period. Subject to acceptance of the file by FLOA. SA registered with the BORDEAUX RCS 434 130 423 – G7 Building, 71 rue Lucien Faure 33300 BORDEAUX. Subject to supervision by the Prudential Control and Resolution Authority, 4 Place de Budapest CS 92459, 75436 Paris. ORIAS no. 07028160 (www.orias.fr).  

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 Site.

3.5.    Archiving and evidence.

Archiving of communications, order forms, and invoices is done on a reliable and durable medium to constitute a faithful and lasting copy in accordance with article 1360 of the Civil Code. These communications, order forms, and invoices may be produced as evidence of the contract. The order form may be sent to the Customer at any time upon request, who 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 Site at the time of the Order. Products/Spare parts ordered may be delivered in one or several shipments. Deliveries are carried out 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 GTC under penalty of order refusal. The Customer is solely responsible for any delivery failure due to an address error when creating their customer account or in the order. CROSSCALL cannot be held responsible for any input errors and their consequences (for example delays or delivery errors). In such cases, the costs incurred for reshipping the order will be borne by the Customer.

4.4    Delivery fees.

The amount of delivery fees depends on the order amount and the delivery method chosen by the Customer. In any case, the delivery fees are indicated to the Customer before order confirmation.

4.5    Delivery times.

Products/Spare parts ordered by the Customer will be delivered to the address provided by them during their order, within the timeframes indicated on the Site and communicated to the Customer before order confirmation. In the case of a pre-order of a Product, delivery is postponed to the physical stock arrival date as indicated on the Product page.

4.6    Delay or failure of delivery.

CROSSCALL commits to making its best efforts to deliver the Products/Spare Parts ordered by the Customer within the deadlines specified above. When the ordered Product/Spare Part is not delivered on the date or by the expiry of the deadline mentioned on the Site (for any reason other than force majeure or during maintenance periods or online store closures announced on the store page), the Customer, in accordance with article L. 216-6 of the Consumer Code, may, after unsuccessfully urging 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 amounts 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 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 Part delivered to the Customer by a carrier chosen by CROSSCALL travels at CROSSCALL’s risk. The Product/Spare Part delivered to the Customer by a carrier chosen by the Customer travels at the Customer’s risk from the moment the goods are handed over to the carrier.

4.8 Specific requests.

In case of a specific request from the Customer regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by CROSSCALL, the related costs will be subject to a specific additional charge, previously accepted by the Customer.

5. Reception

 

Delivery, in accordance with article 4.1 of these GTC, will be deemed to have been completed when the Product/Spare Part is delivered by the carrier to the address indicated by the Customer.

The Customer is required to verify that the Product/Spare Part delivered corresponds to the order. They must then formalize their acceptance of the delivery by signing a delivery receipt issued 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 indicated address 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/relay point.


6. Handling of parcels not delivered by the carrier

 

These are packages not delivered by the carrier that are returned to CROSSCALL for the following reasons:
-    “NPAI”: the Client does not live at the indicated address or the recipient is unknown at this address;
-    “Unclaimed”: these are packages that were not claimed by the Client at the post office or relay point within the allotted time (as mentioned on the notice of availability);
-    “Refused”: the Client refused the delivery of the package.

After receipt and acceptance of the package by CROSSCALL, an email will be sent to the Client to notify them of the receipt of their package, indicating the reason for this return and to proceed with the refund of their order.

 

7.    Updates

 

7.1    Update necessary for the Product’s conformity.

CROSSCALL will provide the Client with the updates necessary to maintain the conformity of the Products in relation to the contract and article L 217-5 of the Consumer Code. It will inform the Client of the availability of these updates and the consequences of not installing them for the Client.

When the Client does not install these updates within a reasonable time or installs them incorrectly, CROSSCALL will not be responsible for defects of conformity of the Product resulting solely from the Client’s failure to install the said updates after being informed and/or from incorrect installation that is not due to shortcomings in the installation instructions provided by CROSSCALL.

7.2    Update not necessary for the Product’s conformity.

In accordance with article L 217-20 of the Consumer Code, updates not necessary for the Product’s conformity are provided to the Client for valid reasons at no additional cost to the Client. The Client has the right 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/Spare parts supplied by CROSSCALL, including the content and/or digital service(s), updates as well as their packaging and assembly instructions provided by CROSSCALL, benefit from the legal guarantee of conformity provided for in articles L. 217-3 and following of the Consumer Code and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code, independently of any commercial warranty possibly granted.

The consumer has a period of two years from the delivery of the new or used good to obtain the implementation of the legal guarantee of conformity in case a defect of conformity appears. During this period, the consumer is only required to prove the existence of the defect of conformity and not the date of its appearance. For used goods (Refurbished Products), this period is set at 12 months.

« When the product sales contract provides for the continuous supply of digital content or a digital service for a period longer than two years, the legal warranty applies to this digital content or digital service throughout the supply period. During this time, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or digital service, not the date it appeared.

« The legal warranty of conformity obliges the professional, if applicable, to provide all necessary updates to maintain the product's conformity.

« The legal warranty of conformity entitles the consumer to repair or replacement of the product within thirty days following their request, free of charge and without major inconvenience to them.

« If the product is repaired under the legal warranty of conformity and was purchased before July 31, 2026, the consumer benefits from a six-month extension of the initial warranty. For products purchased from July 31, 2026, this warranty extension is increased to 12 months.

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

« The consumer can obtain a purchase price reduction by keeping the product or
terminate the contract by obtaining a full refund upon return of the product, if:
« 1° The professional refuses to repair or replace the product;
« 2° Repair or replacement of the product occurs after a delay of thirty days;
« 3° Repair or replacement of the product causes a major inconvenience for the consumer, especially when the consumer permanently bears the costs of returning or collecting the non-conforming product, or bears the installation costs of the repaired or replacement product;
« 4° The non-conformity of the product persists despite the seller's unsuccessful attempt to bring it into conformity.

« The consumer is also entitled to a price reduction of the product or to cancel the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract cancellation. The consumer is then not required to request repair or replacement of the product beforehand.

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

« Any period during which the product is immobilized for repair or replacement suspends the warranty that was still running until the delivery of the restored product.
« The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

“The seller who in bad faith obstructs the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, 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 under 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 item is kept or a full refund upon return of the item.”
 

9. Commercial warranty

CROSSCALL also grants the Customer a commercial warranty on the Products independently and in addition to the legal warranty of conformity and the warranty against hidden defects as recalled above. For more information on the conditions and procedures for implementing CROSSCALL’s commercial warranty, the Customer is invited to refer to the "Commercial Warranty Contract" accessible by clicking here: https://www.crosscall.com/fr_FR/garantie.html

9.1. Exclusion of Spare 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 of withdrawal from a contract concluded remotely, following telephone solicitation or off-premises, 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 case, these provisions do not apply to contracts concluded with professional Customers or acting in a professional capacity.

10.2. Legal deadline.

The Customer has, in accordance with the provisions of article L. 221-18 of the Consumer Code, 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), physically took possession of the purchased Products. If the 14th day falls on a Saturday, Sunday, or public holiday, this period is extended to the next business day.

10.3. Conditions for exercising the right of withdrawal.

10.3.1 Before June 19, 2026: 

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

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

10.3.2 From June 19, 2026: 

the Customer can use the withdrawal button made available online, accessible from their customer profile identified by the label "Withdraw." 

This feature allows the Customer: 

to provide or confirm information related to their identity, the relevant order, and the method of receiving the acknowledgment; 

then confirm their withdrawal request through an explicit action, using a button labeled "Confirm withdrawal." 

The Customer may also exercise their right of withdrawal by any other clear statement expressing their intention to withdraw. 

Once the withdrawal request is confirmed, an acknowledgment is sent to the Customer by email, including the date and time of receipt of the request as well as its content. 

10.4.    Returns.

The Customer has a period of fourteen (14) days from the receipt of the acknowledgment email to return the Product(s) or Spare parts to the following address: CROSSCALL – c/o MOBY – 20, rue Pierre et Marie Curie – ZA La Blinière – 35370 Argentré-du-Plessis. 

The direct costs of returning the Products remain the responsibility of the Customer. 

The Products must be returned in perfect condition, unused, complete (accessories, manual, etc.), and, if possible, in their original packaging, accompanied by a copy of the invoice attached to the delivered Products/Spare parts. 

10.5.    Effects.

In the event of withdrawal by the Customer, CROSSCALL will refund all payments received from the Customer, including delivery fees (except for additional fees resulting from the Customer choosing, if applicable, a delivery method other than the least expensive standard delivery method offered by CROSSCALL) without undue delay and, in any case, no later than fourteen (14) days from the day CROSSCALL received the Product(s) subject to the order, or until the Customer has provided proof of shipment of the Product(s), the date considered being the first of these events.

If only part of the Products/Spare parts from the order are returned, the refund conditions for the delivery fees will be as follows:

-    If the delivery fees were calculated based on the number of Products ordered/Spare parts, they will be refunded proportionally to the Products/Spare parts returned by the Customer;

-    In the case of flat-rate delivery fees, they will not be refunded.

CROSSCALL will process the refund using the same payment method that the Customer used for the initial transaction. With the Customer's express consent, another method may be used. In any case, this refund will not incur any fees for the Customer.

10.6.    Limits.

It is reminded that the Customer's liability, in case of withdrawal after using the Product/Spare Parts, is engaged with regard to the depreciation of the Products/Spare Parts resulting from handling other than those necessary to establish the nature, characteristics, and proper functioning of the Product. According to the European Commission, these manipulations are those a consumer can perform in a store for goods offered for sale there. Consequently, the Customer is informed that CROSSCALL will inspect the returned Products/Spare Parts for compliance. If the returned Product/Spare Parts are not compliant, repair and/or reconditioning costs may be deducted from the amount refunded to the Customer. Likewise, if the Product/Spare Parts have been used beyond what is reasonably necessary to establish the nature, characteristics, or proper functioning of the Product, CROSSCALL reserves the right to apply a proportional depreciation based on usage and wear of the Product/Spare Part, 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 not returned was acquired free of charge at the time of the order, the Customer having benefited from a promotional operation, such as a sale with a premium or conditional sale, CROSSCALL will request the return of the accessory or premium; failing that, 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 intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

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 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, or 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 is prohibited from any reproduction or exploitation of said Products, brands, illustrations, images, logos, studies, drawings, models, and patents without the express, written, and prior authorization of CROSSCALL.

 

12.    Data generated by the Products and personal data. 

 

12.1.    Information on generated data.

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

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

12.2.    Storage and retention.

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 export of your data in CSV format.
  • Request deletion of your data at any time.
  • Requests must be addressed 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 qualified as personal data, the user has the following rights:
Access, rectification, deletion, restriction, objection, portability.
Possibility to file a complaint with the national data protection authority under the GDPR.

12.5.    Data Controller.

Controller: CROSSCALL.
Processing purposes: product and service improvement, maintenance.
Legal basis: consent, contract execution, legitimate interest.
Data recipient: CROSSCALL only.
Transfer outside the EU: none.

12.6.    Personal Data.

To learn more about the processing of your personal data by CROSSCALL, we invite you to consult our Data Protection Policy and our cookie policy on the Site.

 

13.    Limitation of liability

 

CROSSCALL's liability cannot be engaged in case of non-performance or poor performance of the contract due either to the Customer's fault, to an insurmountable and unforeseeable act of a third party to the contract, or to force majeure.

Furthermore, CROSSCALL cannot be held responsible for:

-    any damage or defect caused by the use of Spare Parts to attempt or carry out Self-repair that does not comply with the appropriate guides and safety 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 is integrated;

-    any CROSSCALL Spare Part that has been modified without CROSSCALL's authorization to alter its functionality or capacity;

-    so-called consumable parts, such as the battery, unless the failure of the consumable is due to a material or manufacturing defect;

-    any Spare Part that has been subject to storage, transport, installation, operation, handling, or inappropriate use, including use under conditions for which the Spare Part was not designed, use in an inappropriate environment, or use of Products/Spare Parts contrary to the guides and safety instructions published by CROSSCALL on its Site.

 

14.    Miscellaneous clauses

 

14.1.

The titles contained in these GTC are for informational purposes only and are not contractual.

14.2.

The nullity of a contractual clause does not entail the nullity of the GTC unless it is a decisive clause that 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 GTC by CROSSCALL shall not be considered a waiver by it of the other clauses of the GTC which continue to produce their effects.

 

15.     Treatment of waste from electrical and electronic equipment

 

In application of law no. 2020-105 of February 10, 2020, relating to the fight against waste 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 at the end of life, obsolete or no longer functioning must not be thrown in the regular trash or in the selective sorting bin, in application of Directive 2012/19/EU.

This regulation aims notably to limit the waste of raw materials and to protect the environment and human health by preventing the dispersion into nature of substances contained in certain devices.

To this end, CROSSCALL offers the Customer to deposit their used device(s) with the eco-organization ECOLOGIC, approved for the REP channels, at one of the 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 provided by the mandatory rules of their country of residence. Thus, notwithstanding the choice of applicable law mentioned above, the Customer may always benefit from the mandatory provisions of their local law when they are more favorable than the law chosen to apply in case of dispute.

16.2.    Dispute resolution.

 16.2.1.    Amicable settlement.

In accordance with the provisions of the consumer code concerning amicable dispute resolution, CROSSCALL adheres to 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 prior written steps with CROSSCALL, the Mediator Service can be contacted free of charge by the Customer for any consumer dispute that has not been resolved. To learn how to contact the Mediator, click here www.cmap.fr.

 16.2.2.    Judicial settlement.

Failing an amicable settlement, the Customer may bring the matter before the court for any dispute relating to the existence, interpretation, conclusion, execution, or termination of the General Terms and Conditions of Sale. The competent court in case of dispute will be that of the defendant’s domicile or, at the plaintiff’s choice, the place of actual delivery of the Product.
 


ANNEX 1 WITHDRAWAL FORM TEMPLATE


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

To the attention of:

CROSSCALL c/o MOBY
20 PIERRE AND MARIE CURIE STREET ZA LA BLINIERE
35 370 Argentré du Plessis FRANCE

shop@crosscall.com

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

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

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper):

Date:

(*) Strike out the unnecessary mention.