TERMS AND CONDITIONS OF SALE

January 5, 2024 version

 

Seller identification :

CROSSCALLSociété par Actions Simplifiée with capital of 450,555 euros, registered in 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

Telephone: 04 42 60 75 70 (Monday to Friday, 8:30 a.m. to 5:30 p.m.) 

 

1. Scope of application and enforceability 

1.1. Internet sales. These general terms and conditions of sale (the " GTCS ") apply to 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 in the French Consumer Code as: " any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity ".

 

1.2. Products.

1.2.1. The Products may be :

- new products manufactured in CROSSCALL 's production plant, having undergone all the tests required for market release, and thus complying with legal safety requirements and the use to which the Customer is entitled (the " New Products ");

or

- reconditioned 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 tests on all functionalities establishing that they meet legal safety obligations and the use that the Customer may legitimately expect, as well as, if necessary, one or more interventions to restore their functionalities by reconditioners approved by CROSSCALL. Whenever necessary, these products have had their data erased before being put on sale (the " Reconditioned Products ").

 

1.2.2. CROSCALL also offers to its Customers the possibility to purchase on its Site new or reconditioned Spare Parts (the " Spare Parts ").

 

1.3 Exclusive scope of application. These GTC are reserved for Customers as defined in article 1.1. of these GTC acting exclusively on their own behalf.

By checking the appropriate box ("I accept the General Terms and Conditions of Sale"), the Customer acknowledges having read and accepted them without restriction or reservation. The conservation and reproduction of the applicable GCS are ensured by CROSSCALL in accordance with article 1127-1 of the French Civil Code. They shall prevail over any other version or any other contradictory document having the same purpose. 

The General Terms and Conditions are also sent to the customer by email after the order has been validated. The General Terms and Conditions of Sale are available on request from the customer 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 metropolitan France (hereinafter the " Territory "). Any order for delivery to a territory other than the Territory must be accepted in advance in writing by CROSSCALL. To this end, the Customer should contact CROSSCALL at the above address. Should the Customer fail to contact CROSSCALL and obtain CROSSCALL's agreement, CROSSCALL shall not be held liable in any way whatsoever.

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

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

1.7 Product features - Instructions for use. The photos on the Site are for illustrative purposes only. The Customer is invited to refer to the description of each Product appearing on the Site for precise and essential characteristics, including control points for Reconditioned Products. If in doubt, or if you require further information, please contact CROSSCALL. The Product's mode of use, if it is an essential element, is mentioned in the electronic catalog or at the latest on delivery.

1.8. Self-repair The design of several of the CROSSCALL Products enables the Customer to repair his Product(s) himself (" Self-repair ").

Important information:

Customers who carry out Self-Repairs may expose themselves to safety risks and/or damage to their equipment. The risks arising from such Self-repair will not be borne by CROSSCALL (see articles 9.1 and 13 of these GTS).

In this respect, CROSSCALL advises the Customer to entrust the repair of the Product concerned to the after-sales service (" SAV ") of CROSSCALL by clicking here: https://www.crosscall.com/fr_FR/help/
If the Customer wishes to carry out the Self-repair of his Product, he can obtain Spare Parts on the Site. In this respect, CROSSCAL invites the Customer to refer to the reference of each Spare Part required for Self-Repair in order to know its characteristics.

In case of doubt or if you require further information, please contact CROSSCALL at the following address: shop@crosscall.com.

Spare Parts may only be used by the Customer to carry out a Self-Repair of his Product. 

CROSSCALL has designed its equipment withSelf-Repair in mind. To this end, CROSSCALL provides disassembly guides on its Site, the safety measures of which must be strictly observed by the Customer. As CROSSCALL has provided the Customer with adequate safety instructions to enable him to carry out a Self-Repair, it cannot be held responsible for any damage or defect occurring during a Self-Repair or for the consequences resulting therefrom insofar as this damage is linked to the Customer's clumsiness, negligence, fault or failure to comply with the Product's repair instructions.

CROSSCALL will not provide any technical assistance other than that offered in the said 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 via the Internet 24 hours a day, 7 days a week, except in the event of force majeure[1] or an event beyond the control of CROSSCALL , 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 in accessing the Internet and using the Site.

2.2 Account creation. To place orders for Products/Spare Parts on the Site, the Customer must first create an account. To do so, the Customer must first 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 automatically deactivate the Customer's account after sending an e-mail which has remained without effect for a period of fifteen (15) days, without any compensation. In the event of fraud on the part of a Customer, the account will be deactivated ipso jure, without notice or compensation.

2.4. Placing an order. To place an order, the Customer must follow the instructions given on the Site: the Customer fills his/her virtual basket, indicating the Products/Spare Parts selected and the quantities desired. The order is then summarized, showing all the Products and/or Spare Parts selected by the Customer. The Customer then clicks on the "ORDER" button to confirm the order, in accordance with article 2.5 of these GTS.

2.5. Order confirmation - Electronic signature. To confirm the order, the Customer provides delivery information and then clicks on the "CONTINUE" button. The Customer then provides payment details and has the opportunity to (i) view the details of the order, in particular the total price including VAT and applicable shipping costs, and (ii) correct any errors and/or modify the order. Finally, the Customer must tick the box indicating acceptance of the GTCS in accordance with article 1.3 of these GTCS before clicking on the "PAY" button. This "double click", combined with the authentication procedure, constitutes a valid electronic signature which implies acceptance of the GTCS and thus forms the sales contract.

2.6. Order modification. Any modification of the order by the Customer after confirmation of the order is subject to the prior written acceptance of CROSSCALL. The latter 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. Offers of Products/Spare Parts are subject to availability. Information on the availability of Products/Spare Parts is provided at the time the order is placed. In the exceptional event that an order for unavailable Products/Spare Parts is confirmed by CROSSCALL due to a stock error at the time the order is placed, CROSSCALL will reimburse the Customer within a maximum period of fourteen (14) days.

2.8. Acknowledgement of receipt of the order. CROSSCALL then confirms receipt of the order for Products/Spare Parts 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) delivery times and, where applicable, (iv) 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/Spare Parts ordered are abnormally high for buyers who are consumers.

3. Rates - Payment

3.1 Current prices. CROSSCALL may change its prices at any time, but Products/Spare Parts will be invoiced to the Customer at the current prices shown on the Site when the Customer places the order.

The prices indicated on the Site :

(a) are expressed in Euros, all taxes included;  

(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 the order is placed, 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 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. The Customer has a choice of two means of payment: either cash, or in three (3) or four (4) instalments free of charge.

IN ALL CASES, PRODUCTS/PARTS ORDERED REMAIN THE PROPERTY OF CROSSCALL UNTIL FULL PAYMENT HAS BEEN RECEIVED FROM 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 secure payment, in accordance with the following terms and conditions:

- Payment by credit card, secured by INGENICO, or

 

- Payment via PayPal, or

 

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

 

CROSSCALL shall not be obliged to deliver the Products/Spare Parts ordered by the Customer if the latter does not pay the price in full in accordance with the conditions indicated.

Payments are debited at the time of order confirmation.

Any order for Products/Spare Parts involving payment by credit card is only considered effective once the relevant payment centers have given their approval. 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/Spare Parts ordered. The Customer will be informed by e-mail in order to remedy the situation, failing which the conditions set out in article 3.3.1.3 will apply.

3.3.1.2 Transaction security. 

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

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

As part of an inspection, CROSSCALL can send you an e-mail inviting you 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 make it possible to verify the identity of the person placing the order, the reality of the address, or the apparent conditions of solvency, CROSSCALL reserves the right to cancel the order.

3.3.1.3 Non-compliance with payment terms. CROSSCALL reserves the right, if the agreed price is not paid on the due date, either to request compulsory execution of the sale, or to cancel the contract by sending an e-mail to the Customer. Any sum not paid on the due date will be subject to interest at the legal rate, without formal notice.

3.3.2. Payment in three (3) or four (4) instalments free of charge

CROSSCALL 's partner (currently ONEY BANK), offers the Customer a no-cost financing solution called "Facily Pay", which enables the Customer to pay for purchases from €150 to €2,000 in 3 or 4 instalments by credit card. The Customer accepts that these amounts may be modified by ONEY BANK.

3.3.2.1. Terms and conditions. This offer of payment in three (3) or four (4) instalments free of charge is reserved for natural person customers of legal age, residing in France and holding a Visa or MasterCard bank card issued by a French bank and valid beyond the chosen financing period, excluding systematic authorization bank cards such as Electron, Maestro, Nickel, etc., as well as e-cards, indigo and American Express, as well as e-cards, indigo and American Express cards, and for purchases of a minimum amount of one hundred and fifty (150) € for payment in three (3) instalments and three hundred and fifty (350) € for payment in four (4) instalments; and a maximum amount of two thousand (2,000) € for payment in three (3) instalments and two thousand (2,000) € for payment in four (4) instalments.

3.3.2.2. Subscription methods. After completing the order, the Customer must select the payment method "Payment in 3 or 4 instalments free of charge by credit card". The Customer will then be redirected to the ONEY BANK web page displaying the detailed summary of the order and the personalized financing application, which the Customer must then validate.

The customer enters the personal information requested or, if he/she has a Oney Bank account, identifies him/herself using the login details linked to his/her account. He/she then reads the general terms and conditions of payment in instalments to which he/she wishes to subscribe, which are provided to him/her in PDF format so that he/she can read, print and save them before accepting them. The Customer then notifies his electronic acceptance by ticking the corresponding box.

The Client acknowledges that the "double click" associated with the checkbox on the acknowledgement of ONEY BANK's general terms and conditions of payment constitutes consent to contract and irrevocable and unreserved acceptance of ONEY BANK's general terms and conditions. In the absence of proof to the contrary, the data recorded by ONEY BANK constitutes proof of all transactions between the Client and ONEY BANK.

If the Customer requests a financing solution offered by ONEY BANK, the information relating to the order will be transmitted to ONEY BANK, which will use it to study the request and to grant, manage and collect credit.

3.3.2.3. Withdrawal. ONEY BANK reserves the right to accept or refuse the request for financing in 3 or 4 instalments. The Customer has a cooling-off period of fourteen (14) days from the date of acceptance by the Customer of the above-mentioned credit to withdraw.

3.3.2.4. Cancellation of the sale. If the Customer withdraws from the credit agreement and does not opt for cash payment, he/she may withdraw within the time limits and under the conditions set out in article 9 of these GCS.

3.3.2.5. How it works. Payment in 3 or 4 instalments by credit card allows the customer to pay for the order as follows:

- A mandatory contribution, debited on the day of confirmation of the Customer's order, corresponding to one third of the order,

- Two or three monthly instalments, each corresponding to one third or one quarter of the order, debited thirty (30) and sixty (60) days later for the 3 times and thirty (30), sixty (60) and ninety (90) days later for the 4 times.

1. Payment in 3 free instalments is offered for purchases between €150 and €2000.

Example: for a purchase of three hundred (300) € made on 01/07/2023, the Customer pays a deposit of one hundred (100) € then two (2) monthly payments of one hundred (100) € on 01/08/2023 and 01/09/2023. The loan is for a period of two (2) months at a fixed annual percentage rate (APR) of 0%. The cost of financing is zero (0) €.

2. Payment in 4 free instalments is offered for purchases between €350 and €2000.

Example: for a purchase of eight hundred (800) € made on 01/07/2023, the Customer pays a deposit of two hundred (200) € then three (3) monthly instalments of two hundred (200) € on 01/08/2023, 01/09/2023 and 01/10/2023. The loan is for a period of three (3) months at a fixed annual percentage rate (APR) of 0%. The cost of financing is zero (0)€.

3.3.2.6 Customer insolvency. In its capacity as lender, ONEY BANK will collect any monthly instalments unpaid by the Customer in accordance with its general terms and conditions of financing, which can be accessed at the following link www.oney.fr.

3.3.2.7 Partner identification. Oney Bank - SA au capital de 51 286 585€ - 34 Avenue de Flandre 59 170 Croix - 546 380 197 RCS Lille Métropole - n° Orias 07 023 261 www.orias.fr. Correspondence: CS 60 006 - 59895 Lille Cedex - www.oney.fr

3.3.3. 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.

3.3.4. 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. The order form may be sent to the Customer at any time on request, who is advised to keep a copy (electronic or hard copy) for his own records.

 

4. Delivery

 

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

4.2 Mode of delivery. When placing an Order, the Customer chooses one of the delivery methods offered on the Site. 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. The Products/Spare Parts are delivered to the address indicated by the Customer when placing the order. The Customer chooses a delivery address which must be located in the Territory in accordance with article 1.3 of these GTS, failing which the order will be refused. The Customer is solely responsible for any failure to deliver due to an address error when creating his/her 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 the reshipment of the order will be charged to the Customer.

4.4 Delivery charges. The amount of delivery charges depends on the amount 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/Spare Parts ordered by the Customer will be delivered to the address indicated by the Customer at the time of ordering, within the delivery times indicated on the Site and which are communicated to the Customer before the order is validated.

4.6. Delay or failure to deliver. CROSSCALL undertakes to use its best endeavours to deliver the Products/Spare Parts ordered by the Customer within the time limits specified above. If the Product/Spare Part 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. 216-6 of the French Consumer Code, may, after having unsuccessfully enjoined CROSSCALL to fulfil its delivery obligation 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/Spare Parts are transferred to the Customer at the time he/she, or a third party designated by him/her, takes physical possession of the Product, without distinction according to its nature, pursuant to Article L. 216-2 of the French Consumer Code. The Product/Spare Part delivered to the Customer by a carrier chosen by CROSSCALL, travels at the risk and peril of CROSSCALL. Products/parts delivered to the customer by a carrier chosen by the customer travel 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, accepted in advance by the Customer.

 

5. Reception

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

The Customer is responsible for checking that the Product/Spare Part delivered corresponds to the order. He must then formalize his acceptance of the delivery by signing a delivery receipt issued by the carrier. If the Product/Spare Part does not conform or is damaged at the time of delivery, the Customer must send a complaint, within a maximum of three (3) days from the date of receipt, to CROSSCALL by sending an e-mail 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 calling card to inform the Customer that the Order has been left at a post office/relay point.

 

6. Treatment of undelivered parcels by the carrier

Packages undelivered 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 informing them of the receipt of their parcel, indicating the reason for the return and proceeding with the reimbursement of their order.

 

7. Updates

7.1. Updates required to ensure Product conformity. CROSSCALL will provide the Customer with the updates required to ensure that the Products remain in conformity with the contract and with article L 217-5 of the French Consumer Code. It will inform the Customer of the availability of these updates and of the consequences of their non-installation for the Customer.

Where the Customer fails to install such updates within a reasonable time or incorrectly, CROSSCALL shall not be liable for any lack of conformity of the Product resulting solely from the Customer's failure to install such updates as advised and or incorrect installation which is not due to any shortcomings of CROSSCALL in the installation instructions provided.

7.2. Updates not necessary for Product conformity. In accordance with article L 217-20 of the French Consumer Code, updates which are not necessary for the conformity of the Product are provided to the Customer for valid reasons at no additional cost to the Customer. The Customer has the right to refuse such an update and to uninstall it.

 

8. Legal warranty of conformity and warranty against hidden defects

It should be noted that all Products/Spare Parts supplied by CROSSCALL, including content and/or digital service(s), updates as well as 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 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 consumer has a period of two years from the date of delivery of the new or second-hand good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. For second-hand goods (reconditioned products), this period is set at 12 months.

"When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty is applicable to this digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.

"The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

"The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.

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

"If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

"The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund in exchange for the return of the good, if:

"1° The trader refuses to repair or replace the goods ;

"2° The repair or replacement of the good takes place after a period of thirty days;

"3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good;

"4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.

"The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

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

"Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until the delivery of the reconditioned good.

"The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

"A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

"The consumer also benefits from the legal warranty for hidden defects under articles 1641 to 1649 of the French 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 good is kept, or to a full refund in exchange for the return of the good."
 

 

9. Commercial warranty

CROSSCALL also grants the Customer a commercial warranty on the Products, independently of and in addition to the legal warranty of conformity and the warranty against hidden defects as mentioned above. For further information on the terms and conditions of the CROSSCALL commercial warranty, customers are invited to refer to the "Commercial Warranty Contract" available by clicking here: https: //docs.crosscall.com/public/OTHER/LEGAL/CGC/CONTRAT-DE-GARANTIE-COMMERCIALE_FR.pdf.

 

9.1. Exclusion of Spare Parts from the commercial warranty

CROSSCALL offers no 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 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.

10.2. 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.

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

The customer can send the withdrawal request by downloading the PDF file located in his customer account, print it and fill it in with the requested information. Alternatively, the Customer may use the withdrawal form reproduced in Appendix I of these GTS and notify his decision to withdraw by post to the address given on the form.

10.4. Returns. In the event of withdrawal by the Customer, the latter must return 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 informed the recipient indicated on the withdrawal form of 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 deadline has expired. 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, unworn and accompanied by all accessories and documents supplied (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 reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by CROSSCALL ) without undue delay and, in any event, no later than fourteen (14) days from the date on which CROSSCALL has received the Product(s) 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/Spare Parts covered by the order, the terms of reimbursement of delivery costs will be as follows:

- In the case where the delivery costs have been calculated according to the number of Products/spare parts ordered, they will be reimbursed in proportion to the Products/spare parts returned by the Customer;

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

CROSSCALL will make 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 event, this refund will not incur any costs for the Customer. 

10.6. Limitations. The Customer is reminded that, in the event of retraction after use of the Product/Spare Parts, he/she is liable for any depreciation of the Product/Spare Parts resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. According to the European Commission, these manipulations are those that 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/Parts upon receipt. If the returned Product/Parts do not conform, costs for reconditioning and/or repackaging may be deducted from the amount refunded to the Customer. Similarly, if the Product/Spare Part 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/Spare Part, the amount of which will be deducted from the refund due to the Customer.

Should the Customer return only part of the order, CROSSCALL will refund only the amount of the returned Product/Accessory Part. Furthermore, if the Product or accessory not returned has been acquired free of charge at the date of the order, the Customer having benefited from a promotional operation, such as in particular a sale with a bonus or a subordinate sale, CROSSCALL will request the return of the accessory or bonus, failing which, its unit market value, as shown on the CROSSCALL website, will be deducted from the amount refunded to the Customer.

 

11.intellectual property 

11.1. The content of the Site is the exclusive property of CROSSCALL and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

11.2 CROSSCALL remains the owner of all intellectual property rights to the Products, illustrations, images and logos appearing on the Products, their accessories and 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 the elements of CROSSCALL 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 exploit the said Products, trademarks, illustrations, images, logos, studies, drawings, models and patents without the express prior written authorization of CROSSCALL.

 

12. Personal data 

We invite you to consult our Personal Data and Cookies charter on the Site.

 

13. Liability waiver

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

In addition, CROSSCALL cannot be held responsible 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 GTS);

- any CROSSCALL product repaired by the customer him/herself (self-repair) or by anyone other than CROSSCALL or its authorized service provider(s), including those incorporating an original CROSSCALL spare part;

- any CROSSCALL spare part that has been modified without authorization from CROSSCALL to alter its functionality or capacity;

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

- any Spare Part that has been stored, transported, installed, operated, handled or used inappropriately, including use in conditions for which the Spare Part was not designed, use in an inappropriate environment or - use of the Products/Spare Parts contrary to the safety guides and instructions published by CROSSCALL on its Site.

14. Miscellaneous clauses

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

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

14.3. The temporary or permanent non-application of one or more clauses of the GCS by CROSSCALL shall not constitute a waiver of the other clauses of the GCS, which shall continue to have full effect. 

15. Treatment of waste electrical and electronic equipment

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

 

CITEO Emballages FR234480_01ASSW
CITEO Papiers FR234480_03IFIM
ECOLOGIC FR234480_05FYVD
SCRELEC FR022662_06SLFB
 

CROSSCALL informs the Customer that, in accordance with current legislation, electrical and electronic equipment that has reached the end of its life cycle, is obsolete or no longer functional must not be disposed of in the ordinary garbage can or in the selective sorting bin, in application of Directive 2012/19/EU.

The aim of these regulations is to limit the waste of raw materials, and to protect the environment and human health by preventing the dispersion of substances contained in certain appliances into the environment.

To this end, CROSSCALL offers the customer the opportunity to drop off his used appliance(s) at one of the collection points run by the Ecologic eco-organization, which is approved for EPR channels: Ecologic

16 Applicable law - Disputes

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

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

16.2. Settlement of disputes

16.2.1. Amicable settlement. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, CROSSCALL adheres to the Mediation Service of the Centre de Médiation et d'Arbitrage de Paris, whose contact details are as follows: 39, avenue Franklin D. Roosevelt 75008 Paris (www.cmap.fr). Customers may contact the Mediation Service free of charge for any unsuccessful consumer dispute, after first contacting CROSSCALL in writing. 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.

16.2.2. Judicial settlement. Failing amicable settlement, the Customer may bring any dispute relating to the existence, interpretation, conclusion, performance or termination of the GTCS before a court of law. 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.

 

 

 

 

APPENDIX 1 SAMPLE 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 following goods (*)/provision of services (*):

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

Name of consumer(s) :

Address of consumer(s) :

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

Date :

(*) Delete as appropriate.

 

 

[1] Article 1218 of the French Civil Code: Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.