Version on 12/30/2019 

Seller identification :

CROSSCALL, a simplified joint stock company with capital of 281,256 euros, registered with the Aix-en-Provence Trade and Companies Registry under number 518 706 890.

Head office: 245 RUE PAUL LANGEVIN - ZONE D'ACTIVITES DES MILLES - 13290 AIX EN PROVENCE (no returns or correspondence should be sent to this address).

Email : shop@crosscall.com

 

1. Scope of application and enforceability 

1.1. Internet sales to consumers. These general terms and conditions of sale (the "GTCS") apply only if the following cumulative conditions are met:

(a) sales to consumers defined as follows by the preliminary article of the French Consumer Code: "any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity" (the "Customer(s)");

(b) wishing to purchase the products offered for sale on the CROSSCALL website accessible at the following address: http://crosscall.com/ (the "Site").

 

1.2 Exclusive scope of application. These General Terms and Conditions of Sale apply only to consumers within the meaning of article 1.1.a) acting exclusively on their own behalf. They become enforceable against customers as soon as they tick the appropriate box. They acknowledge that they are aware of them and accept them without restriction or reservation. Validation of the order by its confirmation implies acceptance by the Customer of the GCS in force on the day of the order, which are kept and reproduced by the professional seller in accordance with article 1127-1 of the French Civil Code. They shall prevail over any other version or any other contradictory document having the same purpose. 

 

1.3. Territory. The Products presented on the Site are offered for sale only to Customers with a delivery address in Metropolitan France and Belgium (hereinafter the "Territory"). Any order for delivery in a territory other than the Territory must be accepted in writing by CROSSCALL. To this end, the Customer must contact CROSSCALL at the above address. If CROSSCALL is not contacted or if CROSSCALL does not agree, CROSSCALL shall not be liable in any way whatsoever.

 

1.4. Language. These GCS and all contractual information mentioned on the Site are written in French.

 

1.5. Modification of the GTC. CROSSCALL reserves the right to modify its GTC at any time. In the event of modification, the applicable GTC shall be those in force at the date of the order, a copy of which dated to that date may be provided to the Customer at his request.

 

1.6. Product features - Instructions for use. The photos contained in the Site are for illustrative purposes only. The Customer is invited to refer to the description of each Product for its precise characteristics; and in case of doubt or request for additional information, to contact CROSSCALL. The Product's mode of use, if essential, is mentioned in the electronic catalog or at the latest upon delivery.

 

2. Ordering Products on the Site

2.1. Access to the Site. Access to the Site is via the Internet 24 hours a day, 7 days a week, except in cases of force majeure or events beyond CROSSCALL 's control, or for maintenance, updates or technical improvements, or for changes in content and/or presentation. For all orders, the Customer is responsible for all telecommunication costs incurred when accessing the Internet and using the Site.

2.2 Account creation. To place orders for Products on the Site, the Customer must first create an account. In order to do so, the Customer must enter his e-mail address and a password, which are strictly confidential. The Customer will be solely responsible for the consequences of using his account, until it is deactivated. To continue with the order, the Customer will be asked to provide additional information (title, first name, surname, exact delivery address, zip code, telephone number). The Customer undertakes to provide true and sincere information and to inform CROSSCALL of any changes concerning him/her. 

2.3. Account deactivation. In the event of non-compliance with all or part of the present GTC, CROSSCALL reserves the right to deactivate the Customer's account by operation of law, without compensation, after sending an e-mail which has remained without effect for a period of 15 days. In the event of fraud on the part of a Customer, the account will be deactivated automatically, without notice or compensation.

2.4. Placing an order. To place an order, the Customer must follow the instructions on the Site. The order is first summarized, listing all the Products selected by the Customer. The Customer then validates the order by clicking on the "Proceed to checkout" icon. 

2.5. Order confirmation - Electronic signature. The online sales contract is concluded when the Customer clicks on the button to confirm the order and proceed to payment, after having viewed the details of the order and in particular its total price including VAT and the applicable delivery charges, and having had the opportunity to correct any errors. This "double click", combined with the authentication procedure, constitutes a valid electronic signature.

2.6. Modification of the order. Any modification of the order by the Customer after confirmation of the order is subject to the prior written acceptance of CROSSCALL. CROSSCALL reserves the right to make modifications to the Product ordered in line with technical developments, in accordance with article R. 212-4 of the French Consumer Code.

2.7. Stock availability. Product offers are subject to availability. Information on the availability of Products is provided at the time the order is placed. In case of unavailable Products, CROSSCALL may propose an equivalent Product in terms of quality and price, or reimburse the Customer within a maximum period of 30 days from the placing of the order.

2.8. Acknowledgement of order. CROSSCALL then confirms receipt of the order for Products by sending an automatic e-mail, including (i) the essential characteristics of the Products (ii) an indication of the price including VAT and shipping costs (iii) if applicable, any difficulties or reservations relating to the order placed. CROSSCALL reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of Products ordered are abnormally high for buyers who are consumers.

 

3. Rates - Payment

3.1 Current prices. CROSSCALL may modify its prices at any time, but the Products will be invoiced to the Customer at the prices in force on the Site at the time the Customer places the order. The prices indicated on the Site :

(a) are expressed in Euros, before and after tax;

(b) include applicable taxes;

(c) do not include transport and delivery costs, which are invoiced in addition, depending on the Customer's choice at the time of ordering as to the delivery of the Products ordered. The cost of the method or time of transport or delivery (depending on the Customer's choice) will be indicated at the latest when the Customer confirms the order.

3.2 Price characteristics. The prices applicable on the day the order is placed are firm and non-revisable during their period of validity, as indicated on the Site. The period of validity of Product offers and prices is determined by the updating of the Site.

3.3. Payment of the order.

- For sales in Belgium: Orders must be paid for in cash.

- For sales in France: The customer has a choice of two means of payment: either cash, or in three (3) or four (4) instalments free of charge.

In any case, the Products ordered remain the property of CROSSCALL until full payment of their price by the Customer. 

3.3.1. Cash payment

3.3.1.1 Terms and conditions. The price is due and payable in cash, in full, on the day the order is placed by the Customer, by means of secure payment, in accordance with the following terms and conditions: Payment by credit card, secured by INGENICO. CROSSCALL shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the conditions indicated.

Credit card payments are debited at the time of order confirmation.

 

Any order of Products with payment by credit card is considered effective only when the payment centers concerned have given their agreement. When the order is debited, in the event of irregular, incomplete or non-existent payment, for whatever reason, CROSSCALL reserves the right to block delivery of the Products ordered. The Customer will be informed by e-mail.

 

3.3.1.2 Transaction security. 

 

(a) CROSSCALL certifies that payment card details are encrypted using SSL (Secure Socket Layer) protocol, and are never transmitted unencrypted over the network. Payment is made directly to the bank.

 

(b) In order to ensure the security of transactions and to respond to the concern of the greatest number of people to prevent fraud in distance selling, CROSSCALL may carry out checks on the placing of orders.

 

As part of a control, CROSSCALL may invite you by e-mail to send :

 

proof of address and identity (e.g. electricity bill, landline telephone bill for order perfection).

A scanned copy of the partially masked front and back of the bank card (without disclosure of the security code);

In this case, the delivery period only begins to run from the order dispatch date, which cannot be earlier than the validation of the supporting documents.

 

In the absence of proof or if the documents sent do not allow us to verify the identity of the person placing the order, the reality of the direct debit, or the apparent conditions of solvency, CROSSCALL reserves the right to cancel the order or to request cash payment in order to guarantee the security of online transactions and the perfect collection of the Products ordered.

 

3.3.1.3 Non-compliance with payment terms. CROSSCALL reserves the right, when the agreed price is not paid on the due date, either to request the forced execution of the sale, or to cancel the contract by simple registered letter with acknowledgement of receipt addressed to the Customer. Any sum not paid on the due date shall accrue interest at the legal rate, without formal notice.

 

3.3.2. Pay your order in 3 or 4 instalments free of charge by credit card from €150 up to €2000 with Oney Bank

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €150 to €2,000 in 3 or 4 instalments free of charge using your bank card.

Conditions: This offer is reserved for private individuals (over 18 years of age) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the chosen financing period. Cards with systematic authorization such as Electron, Maestro, Nickel etc., as well as e-cards, Indigo and American Express cards are not accepted.

How to subscribe: Once you have completed your order, simply click on the "3x 4x Oney payment by credit card" button.

You will then be redirected to our partner's 3x 4x Oney web page, where you will find a detailed summary of your order and your personalized financing application, which you must then validate.

Enter your personal details or, if you have a 3x 4x Oney account, log in using the login details linked to your 3x 4x Oney account. You will then read the general terms and conditions of the instalment plan to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them.

You then notify your electronic acceptance by ticking the appropriate box.

You acknowledge that the "double click" associated with the checkbox on the acknowledgement of the general terms and conditions constitutes consent to contract and irrevocable and unreserved acceptance of the general terms and conditions of the product.

In the absence of proof to the contrary, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.

If you ask to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your request for the granting, management and collection of credit.

Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have 14 days to cancel your loan.

How does it work? Payment by credit card in 3 or 4 instalments, free of charge, enables you to pay for your order on our merchant site as follows:

- a mandatory deposit, debited on the day of confirmation of shipment of your order, corresponding to one third or one quarter of the order;

- two or three monthly instalments, each corresponding to a third or a quarter of the order, debited 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times.

- Payment in 3 instalments from €150 up to €2000

Example: For a purchase of €150, deposit of €50 then 2 monthly payments of €50. Credit over 2 months at a fixed APR of 0%. Cost of financing 0€.

- Payment in 4 instalments from €350 up to €2000

Example: For a purchase of €400, deposit of €100 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 0%. Cost of financing 0€.

Oney Bank - SA au capital de 51 286 585€ - Siège social : 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - n° Orias : 07 023 261 - www.orias.fr -

Correspondence: CS 60006 - 59 895 Lille Cedex 9 - France www.oney.fr

 

3.3.3. Invoice. An invoice is issued by CROSSCALL and remitted to the Customer.

 

3.3.4. Archiving and proof. Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

 

4. Delivery

 

4.1. Definition. Delivery means the transfer to the Customer of physical possession or control of the Product.

 

4.2 Mode of delivery. When placing an Order, the Customer chooses one of the delivery methods offered on the Site. Products ordered may be delivered in one or more shipments. Deliveries are made by an independent carrier. 

 

4.3. Place of delivery. Products are delivered to the address indicated by the Customer when placing the Order. The Customer must choose a delivery address within the Territory in accordance with article 1.3 of these GCS, failing which the Order will be refused. The Customer is solely responsible for any non-delivery due to an address error when creating his/her customer account. CROSSCALL shall not be held responsible for any typing errors and their consequences (for example, delays or delivery errors). In this case, the costs incurred for the reshipment of the order will be charged to the Customer.

 

4.4 Delivery charges. The amount of delivery charges depends on the value of the Order 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 validated.

 

4.5. Delivery times. The Products purchased by the Customer will be delivered to the address indicated by the Customer at the time of ordering on the Site within the times indicated on the Site and which are communicated before the order is validated.

 

4.6. Delay or default in delivery. CROSSCALL undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above. If the Product ordered is not delivered on the date or at the end of the period mentioned on the Site (for any reason other than force majeure or during periods of maintenance or closure of the online stores which will be announced on the store page), the Customer, in accordance with article L. 216-2 of the French Consumer Code, may, after having unsuccessfully enjoined CROSSCALL to fulfil its obligation to deliver within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or by writing on another durable medium. The sums paid by the Customer will then be returned to him without delay, to the exclusion of any compensation or deduction.

 

4.7. Transfer of risk. The risks of loss or damage to the Product are transferred to the Customer at the moment when the Customer, or a third party designated by the Customer, takes physical possession of the Product, without distinction according to its nature, in accordance with article L. 138-4 of the French Consumer Code. The Product, which is delivered to the Customer by a carrier chosen by CROSSCALL, travels at CROSSCALL's risk. The Product, which is 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. Special requests. In the event of a special request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by CROSSCALL, the related costs will be subject to specific additional invoicing, previously accepted by the Customer.

 

 

 

5. Receiving.

 

When Products are delivered to the address indicated on the order form by a carrier, the Customer is responsible for checking that the Products delivered correspond to the order. He must then formalize his acceptance of the delivery by signing a delivery receipt issued by the carrier. If the Product arrives damaged, it is the Customer's responsibility to refuse to sign the delivery note, unless he has expressed his reservations, and to refuse the parcel.

 

6. Treatment of undelivered parcels by the carrier

 

Packages not delivered by the carrier and returned to CROSSCALL for the following reasons:

 

- NPAI": the Customer does not live at the address indicated or the recipient is unknown at this address;

 

- Unclaimed": this refers to parcels that have not been claimed by the customer at the post office or relay point within the time limit set (as mentioned on the notice of availability);

 

- Refused": the customer has refused delivery of the parcel.

 

After receipt and acceptance of the parcel by CROSSCALL, an email will be sent to the Customer to inform him of the receipt of his parcel, indicating the reason for the return and to proceed with the reimbursement of his order.

 

7. Legal warranty of conformity and warranty against hidden defects

 

7.1 Customer information. All Products supplied by the seller are covered by the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, or by the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code. Independently of any commercial warranty that may have been granted, the seller is liable for any lack of conformity of the goods that are the subject of the contract, in accordance with article L. 217-4 et seq. of the French Consumer Code, and for any latent defects in the goods sold, in accordance with article 1641 et seq. of the French Civil Code.

 

7.2. Implementation of the guarantee of conformity. Article L. 217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility".

 

Article L. 217-5 of the French Consumer Code: "To conform to the contract, the goods must :

 

1o Be fit for the use ordinarily expected of similar goods and, where applicable :

 

- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

 

- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

 

2o Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter".

 

Article L. 217-12 of the French Consumer Code: "Action resulting from a lack of conformity is barred after two years from delivery of the goods".

 

If the Customer wishes to invoke the legal warranty of non-conformity, he must send a registered letter with acknowledgement of receipt to the following address: CROSSCALL - 245 RUE PAUL LANGEVIN - ZONE D'ACTIVITES DES MILLES - 13290 AIX EN PROVENCE - FRANCE.

 

When acting under the legal warranty of conformity, the Customer :

 

- has a period of two years from the delivery of the Product to take action;

 

- may choose between repairing or replacing the Product, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code;

 

- is exempted from proving the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of the good.

 

7.3. Implementation of the warranty for hidden defects. Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them".

 

Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".

 

The customer may decide to invoke the warranty against hidden defects in the Product sold, as defined in article 1641 of the French Civil Code. In this case, the Customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

 

8. Commercial warranty

 

8.1. Customer information. Independently of the commercial guarantee specified in the present article, the seller remains bound by the legal guarantee of conformity and the guarantee of hidden defects as recalled above.

 

8.2. Commercial warranty contract. In accordance with article L. 217-15 of the French Consumer Code, a commercial warranty is any contractual commitment made by a professional to a consumer for reimbursement of the purchase price, replacement or repair of the good, in addition to his legal obligations to guarantee the conformity of the good. The commercial warranty is the subject of a written contract, a copy of which is given to the Customer.

 

8.3. Debtor of the commercial warranty. The Products are sold under the commercial warranty of CROSSCALL , which either issues a warranty certificate to the purchaser, or mentions this warranty in the general terms and conditions of sale.

 

8.4. Purpose and conditions of the commercial warranty. CROSSCALL undertakes to repair or replace the product under certain conditions if a defect appears within 24 months for a cell phone and 12 months for an accessory after the sale in the Territory designated in article 1.3 hereof. To take advantage of this offer, visit: http://crosscall.com/sav/

 

8.5. Product downtime due to repair. When the purchaser asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run (article L. 217-16 of the French Consumer Code). This period runs from the date of the buyer's request for repair, or from the date on which the goods in question are made available for repair, if the goods are made available after the buyer's request for repair.

 

9. Right of withdrawal

 

9.1. Reminder of legal provisions. In accordance with the provisions of article L.221-18 of the French Consumer Code: "The consumer has a period of fourteen days in which to exercise his right of withdrawal from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give any reason for his decision or to bear any costs other than those provided for in articles L.221-23 to 221-25". In any case, these provisions do not apply to contracts concluded with professional Customers or Customers acting in a professional capacity.

 

9.2. Legal period. In accordance with the provisions of article L. 221-18 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) days from the date on which the Customer, or a third party designated by the Customer (other than the carrier), has taken physical possession of the Products purchased. If the 14th day falls on a Saturday, Sunday or public holiday, this period is postponed to the next working day.

 

9.3. Conditions for exercising the right of withdrawal. To exercise his right of withdrawal, the Customer must notify CROSSCALL of his decision to withdraw in writing, within the period of fourteen (14) days indicated above. The Customer must send the retraction request to :

 

Or by completing the form provided at the end of these terms and conditions;

Or by sending any other unambiguous statement expressing its desire to withdraw by mail to the following address: CROSSCALL - 245 RUE PAUL LANGEVIN - ZONE D'ACTIVITES DES MILLES - 13290 AIX EN PROVENCE - FRANCE. If the Customer uses this option, CROSSCALL will immediately send an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail);

 

9.4. Returns. In the event of retraction by the Customer, the latter must return the Product to CROSSCALL - c/o MOBILTRON - 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 communicated to the addressee indicated on the retraction form his/her decision to withdraw from the contract. This deadline is deemed to have been met if the Customer returns the Products before the fourteen (14) day period has expired. The direct costs of returning the Products shall be borne entirely by the Customer. Products must be returned within this fourteen (14) day period, complete, in their original packaging and in a condition suitable for re-sale.

 

9.5. Effects. In the event of withdrawal by the Customer, CROSSCALL will reimburse all payments received from the Customer, including delivery charges (with the exception of additional charges arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by CROSSCALL ) without undue delay and, in any event, no later than fourteen (14) days from the date on which CROSSCALL has received the Product(s) covered by the order, or until the Customer has provided proof of shipment of such Product(s), whichever is the earlier. In the event of the return of only part of the Products covered by the order, the delivery charges will be reimbursed as follows:

 

- If delivery costs have been calculated according to the number of products ordered, they will be reimbursed in proportion to the products returned by the customer;

 

- In the case of flat-rate delivery charges, they will not be reimbursed.

 

CROSSCALL will proceed with the refund using the same means of payment that the Customer used for the initial transaction. With the express agreement of the Customer, another means of payment may be used. In any case, this refund will not incur any costs for the Customer. 

 

9.6. Limitations. In the event of withdrawal after use of the Product(s), the Customer is liable for any depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s). According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there. Consequently, the Customer is informed that CROSSCALL will check the conformity of the returned Products upon receipt. If the returned Product is not in conformity, the cost of repair and/or reconditioning may be charged to the amount refunded to the Customer. Similarly, if the Product has been used beyond what is reasonably necessary to establish the nature and characteristics or proper functioning of the Product, CROSSCALL reserves the right to apply a discount proportional to the use and depreciation of the Product.

 

In the event that the Customer returns only part of the order, CROSSCALL will reimburse only the amount of the returned Product. Furthermore, if the Product or accessory not returned has been acquired free of charge at the date of the order, the Customer having benefited from a promotional operation, such as a sale with a bonus or a subordinate sale, CROSSCALL will request the return of the accessory or bonus, failing which, the unit market value, as shown on the CROSSCALL website, will be deducted from the amount refunded to the Customer.

 

10. Intellectual property 

10.1. 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 of copyright.

 

10.2. 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 forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models, patents and studies which are the property of CROSSCALL.

 

The Customer agrees not to reproduce or use said Products, trademarks, illustrations, images, logos, studies, drawings, models and patents without the express, written and prior authorization of CROSSCALL.

 

11. Personal data 

We invite you to consult our charter: Personal data and cookies.

 

12. Liability waiver

CROSSCALL shall not be held liable in the event of non-performance or improper performance of the contract due either to the fault of the Customer, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.

 

13. Miscellaneous clauses

13.1. The headings contained in these GTC are for information purposes only and are not contractual.

 

13.2. The nullity of a contractual clause does not entail the nullity of the GCS unless it is an impulsive and determining clause which led one of the parties to conclude the sales contract.

 

13.3. The temporary or permanent non-application of one or more clauses of the GTCS by CROSSCALL shall not constitute a waiver by CROSSCALL of the other clauses of the GTCS, which shall remain in full force and effect. 

 

14. Applicable law - Disputes

14.1 Applicable law. These general terms and conditions of sale are governed by French law, subject to the mandatory rules of the Customer's country of residence.

 

This provision does not deprive the customer of the protection afforded by the mandatory rules of his country of residence. Thus, notwithstanding the choice of applicable law mentioned above, the Customer may always benefit from the mandatory provisions of his local law, where these are more favorable than the law chosen to be applicable in the event of litigation.

 

14.2. Settlement of disputes

 

14.2.1. Amicable settlement. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, CROSSCALL adheres to the Mediation Service of the Centre de Médiation et d'Arbitrage de Paris, whose coordinates are as follows: 39, avenue Franklin D. Roosevelt 75008 Paris (www.cmap.fr). After first approaching CROSSCALL in writing, the Mediation Service may be contacted free of charge by the Customer for any consumer dispute which has not been settled. To find out how to contact the Mediation officer, click www.cmap.fr

 

At European level, the European Commission provides an online dispute resolution platform.

 

14.2.2. Judicial settlement. Failing amicable settlement, the Customer may bring any dispute relating to the existence, interpretation, conclusion, performance or termination of the GCS before the court. The competent court in the event of a dispute shall be that of the defendant's place of residence or, at the plaintiff's option, the place of actual delivery of the Product.