General terms and conditions of sale
I – APPLICATION
These terms are entered into on the one hand by Mobiky-Tech, registered at the RCS (French Company Registration Office), Siret (Company Identification Number): 522761 782 00013
Registered office: 66 Avenue Division Leclerc, Coutances, 50 200, France, with a share capital of € 250,000, Intracommunity VAT No. Fr 28 522761782
hereinafter referred to as "Mobiky-Tech"
Telephone: + (33) 2 33 77 25 70
and, on the other hand, anyone wishing to make a purchase via the Mobiky website http://www.mobiky.com/ hereinafter referred to as "the user".
Mobiky-Tech's main activity is selling goods on its website. As such, Mobiky-Tech is subject to French laws in force, in particular the "French Data Protection Act" and the "French Digital Economy Act", in its role as a remote Internet seller.
These General Terms and Conditions are the only applicable ones and replace any other terms and conditions, except if previously otherwise formally agreed in writing between Mobiky-Tech and the Customer. Mobiky-Tech may, at any time, modify certain clauses of the General Terms and Conditions. Consequently, the Customer must familiarise himself with the version in use on the day when he places his order on the Site. The modifications are binding for the Customer as from when they are published online and shall be applied to orders placed after the date of their online publication. Any purchase on the site is subject to all the clauses of the General Terms and Conditions. The Customer shall only be able to validate an order after having duly become familiar with the General Terms and Conditions and accepted them by ticking the icon provided. By validating the General Terms and Conditions, the Customer declares to have the legal capacity to enter into a contract according to articles 1123 and following of the French Civil Code.
II – DEFINITIONS
The following definitions shall be used in the context of these General Terms and Conditions:
- Territory: refers to France, England, Germany and Italy.
- Users: refers to anyone located in the Territory who visits the Site.
- Standard Sale: refers to the permanent sale of a product in the catalogue.
- Flash or One-off Sales: refer to the temporary sale of a product during a period limited to a few days depending on the products and specified on their sales sheet.
III – MOBIKY PRODUCTS
The products put on sale by Mobiky-Tech on the Site (hereinafter the "Products") are described on the Mobiky and Mobiky-Tech Site through photographs and product descriptions from information provided by our partners, suppliers or manufacturers. The Mobiky-Tech Products are offered for sale for the duration of time stated on the Mobiky Site if applicable. Certain offers are for a specific duration of time subject to a specific announcement. Any order placed during an update of the product description cannot be confirmed by Mobiky-Tech. In any case, only the confirmation of purchase by Mobiky-Tech may guarantee the availability and the delivery of the product to the Customer within the General Terms and Conditions.
IV – ORDER METHODS
Orders are made over the Internet according to the following stages:
- the Customer puts Products in his basket,
- the Customer creates an account or logs in if he is already a member of the Mobiky community,
- the Customer fills in the information relating to the delivery details,
- the Customer is notified about the delivery options and the costs,
- the Customer chooses a payment method,
- the Customer accepts the General Terms and Conditions and validates the order,
- the Customer is redirected to the page of our banking partner and pays,
- lastly, the Customer receives an email confirming his order.
The Customer is required to check that the information provided to Mobiky at the time of ordering, particularly the delivery address, is complete and accurate. The email confirmation of the order indicates Mobiky-Tech's acceptance of the Customer’s order and thus constitutes the sales contract between the parties according to the clauses of the General Terms and Conditions. The information provided by the Customer as well as the General Terms and Conditions make up the contract entered into between the Customer and Mobiky-Tech and this will be reiterated within the email confirmation of the order. The Customer is responsible for keeping this confirmation email which constitutes his copy of the sales contract. The Customer may have access to the order at any time by logging on to the site and going to the "My Account/My Orders" section.
The General Terms and Conditions can be accessed from any page on the website.
V – AVAILABILITY
The Product offers are valid for as long as they are visible on the site. In the event of a Product being unavailable once an order has been placed, the Customer shall be informed by email or telephone of the delivery of a partial order or of the cancellation of the order.
VI – PRICES
- Price to be paid: The price to be paid is the price indicated on the website in the Product description, as well as any additional costs (particularly delivery costs and service options) notified at the time of the order. It may be decreased as a result of a discount (for example by using vouchers or coupons). The price shall only be final once the order has been confirmed. All prices quoted on our website are in euros and inclusive of VAT.
- Delivery costs: Delivery costs are payable for each order made. The exact amount of the delivery costs depends on the delivery address of the order and its contents. The delivery costs shall be specified in the basket and shall be subject to Customer acceptance prior to the confirmation of the basket. Only the price quoted upon confirmation of the basket is contractually binding apart from exceptions such as delivery problems or special delivery methods which may lead to increased costs.
- Discounts and VAT: Orders are payable immediately. Discounts are not given. In the event of a change in the VAT rate, the price shall be modified automatically without other notice than the legal application date of the new tax. For orders which are exempt from VAT, the clauses of the French General Tax Code are applicable.
- Price variations: The prices of Products which appear on the website are subject to change. Mobiky-Tech reserves the right to modify prices without warning, in particular in the event of a labelling mistake. The prices which are shown at the time of purchase are the prices applicable to this purchase.
- Foreign currency: Prices are shown in euros. If the payment currency is different from the currency in which the prices are shown, the Customer’s bank shall apply its exchange rate that is used at the time of the purchase, which is beyond Mobiky-Tech's control.
VII – PAYMENT METHODS
Payment for goods may be made by bank card for the whole of the Territory or by cheque drawn on a French bank.
The Customer specifies his contact details, confirms the basket and the total price. In the event of paying online, the Customer confirms the order by clicking on the "Confirm" button and is then redirected to our banking partner's page and fills in the information relating to the bank card. Receipt of a confirmation from Mobiky validates the sale.
In the event of paying by cheque, the Customer is requested to send the cheque by post for the attention of Mobiky-Tech to the following address: Mobiky-Tech, 675 Promenade des Ports, 50 000 Saint-Lô, France. Once the order has been made, the Customer shall receive an email confirming the order under the suspensive condition of being able to cash the cheque. Once the cheque has been cashed, the Customer shall receive an email confirmation of the order. If the cheque cannot be cashed, the Customer shall receive up to three reminder emails within 15 days, before receiving an email cancelling the order.
If the payment method chosen by the Customer is declined, particularly due to insufficient funds or incorrect bank details, the Customer shall be liable for any costs relating to the intervention of a third party to complete the payment.
VIII – PAYMENT SECURITY
Mobiky-Tech has chosen efficient and rigorous systems for the security of payments. Mobiky-Tech has adopted an Ogone solution for its payment methods which uses SSL (Secure Socket Layer) encrypting, one of the most efficient security systems available today, and which sets up an encrypted connection directly between the Customer and the bank.
Lors d'un achat sur internet équipé de CM-CIC [email protected], l'ensemble de la transaction s'effectue sur le site bancaire en mode crypté. Vous quittez temporairement le site de Mobiky-Tech en toute transparence pour enregistrer vos coordonnées bancaires. C'est la garantie que :
- Mobiky-Tech ne connaîtra jamais votre numéro de carte.
- CM-CIC [email protected] ne pourra rien savoir du détail de vos achats puisque seul le montant total et le numéro de commande sont transmis par Mobiky-Tech.
Although Mobiky-Tech uses encrypted security software, the security of information and payments sent via the internet or via email cannot be guaranteed. Mobiky-Tech cannot be held liable for damage resulting from the use of electronic means of communication, including, but not limited to, damage resulting from the failure or delay of sending electronic messages, the interception or manipulation of electronic messages by a third party or by IT programmes used for electronic messaging and for spreading viruses.
IX – CANCELLATION
The Customer may cancel any product order, without charge and without giving a reason, providing the product has not yet been dispatched.
To request the cancellation of an order, the Customer should contact Mobiky by email via the "Customer Services" section of the website. If Mobiky-Tech is able to carry out the Customer's request, a confirmation email shall be sent and the Customer shall be reimbursed completely. If the products ordered by the Customer have already left the Mobiky-Tech warehouse in France and are being handled by a delivery company, it is still possible to cancel the order, however, in this case, the delivery costs incurred shall be deducted from the reimbursement. The Products shall be delivered and the Customer must refuse them at the time of delivery. The Products shall be returned to Mobiky and the full amount of the order shall be reimbursed to the Customer apart from the delivery costs.
X – WITHDRAWAL
The Customer has eight (8) days from receipt to return the product at his cost, for whatever reason. If the period lapses on a Saturday, Sunday or a public holiday, it is extended to midnight of the next working day. In order to ease the handling of the Customer's withdrawal request, it is possible to send such a request to Mobiky via the "Customer Services" section put at the Customer’s disposal on the website or in the "My Account" area. Withdrawal requests addressed thus terminate the eight (8) day period lasting from receipt of the Products. The Customer may also inform Mobiky-Tech by sending a letter to the following address:
Mobiky-Tech, 675 Promenade des Ports, 50 000 Saint-Lô, France
or by telephoning Customer Services on +33 2 33 77 25 70 (no surcharge) from a landline from Monday to Friday from 9.00am to 6.00pm.
Product returns within the framework of withdrawals are completely at the Customer's cost. Moreover, it is understood that reimbursements for returns shall be refused.
Withdrawal rights are exercised as follows:
- For bulky and/or fragile Products, delivered by a "Mobiky Gentleman" (hereinafter "Mobiky Gentleman"), you are advised to contact Mobiky to arrange the Product return. Throughout the procedure, the Customer shall be informed by email of the receipt of his wish to withdrawal, of the return of his parcel as well as the reimbursement date. The Mobiky Gentleman shall arrange a time to meet with the Customer and, at the Customer’s address, shall check that the Product is as new and in its original packaging. The Product must show no evidence of use and must be accompanied by any accessories and instruction or assembly manuals. . Under these conditions, the Mobiky Gentleman shall undertake the return of the Product and Mobiky-Tech shall carry out the reimbursement of amounts received for the returned Products. If the specified conditions are not met, the reimbursement to the Customer shall be reduced by the amount corresponding to the loss in the Product's value.
- For smaller Products, delivered by a courier service (hereinafter the "Courier"): the Customer must return the Product by his own means and at his own cost to the address which Mobiky has communicated by email. Mobiky shall undertake a quality check of the Product at the warehouse. Products must be as new, without any evidence of use, any accessories must be included as well as any instruction or assembly manuals. Only once these conditions have been met shall Mobiky-Tech reimburse the amounts received for the returned products, apart from any return delivery fees paid by the Customer. If the specified conditions are not met, the reimbursement to the Customer shall be reduced by the amount corresponding to the loss in the Product's value, noted at the time of checking.
The Customer is advised to return parcels by registered post with acknowledgement of receipt. In the event of a dispute, it is his responsibility to prove receipt of the parcel in the Mobiky-Tech offices.
Once the Products have been returned in accordance with the procedure described above, reimbursement (inclusive of initial Product delivery costs including for quick, more expensive, delivery means but not Product return costs) shall be carried out within thirty (30) days maximum from the date of receipt of the returned Products by Mobiky-Tech. Beyond this date, these amounts are subject to the legal interest rate.
Throughout the procedure, the Customer shall be informed by email of the receipt of his wish to withdrawal, of the return of his parcel as well as the reimbursement date.
XI – DELIVERY
Products are dispatched in the Territory and delivery is not available in Monaco or in Corsica.
Delivery is carried out by Courier, a Mobiky Gentleman or to a retail outlet depending on the option chosen by the Customer. The Customer should fill out the information fields carefully when placing an order, including the delivery details, and specify the preferred delivery times, indicating a landline or mobile telephone number. Neither Mobiky, nor the Courier or the Mobiky Gentleman may be held liable for failure to deliver due to inaccuracies or mistakes in the delivery address.
Delivery times indicated when confirming the order are based on working days and are specific to each Product. Due to the uncertainties of transportation, these times are subject to change and Mobiky may not be held liable. In any event, the delivery time of Products shall not exceed 48 hours (forty eight hours) from receipt of the Customer’s order confirmation.
Delivery to the Customer may be carried out by a Mobiky Gentleman if the Customer has chosen this delivery option. In this case, the Customer shall be contacted either by email or by telephone directly by a Mobiky Gentleman in order to agree a delivery time (hereinafter the "Time"). At the time of this contact, the Customer must indicate explicitly any access or entry difficulties which the Mobiky Gentleman may encounter during delivery (even if these have already been indicated on the order form). In particular, the Customer is required to measure the access points to his home in order to confirm to the Mobiky Gentleman that it is accessible for the ordered Product. Any supplementary delivery costs necessary for the hiring of specific means (such as a lifting trolley) to surmount access problems specified by the Customer must be confirmed and paid for by the latter prior to delivery.
The smallest or lightest parcels can be delivered by Courier. The Customer must indicate a delivery address at which someone will be able to take receipt of the parcel at the time of the first delivery (for example: workplace, at a friend's or family member's home, with the caretaker, etc.).
In the event of it being impossible to deliver at the time of delivery due to incorrect information, access or entry problems previously unspecified by the Customer or the Customer being absent, violating the commitments entered into in the contract, further delivery charges may be invoiced by Mobiky, who will contact the Customer to arrange payment of these further charges before any re-delivery of the Product. In the event of these charges not being paid, Mobiky reserves the right not to carry out the delivery of the Product. Risks of damage resulting from these constraints shall also be payable by the Customer.
Depending on the delivery address and the weight of the product, supplementary re-delivery costs may vary by about 20% compared to those indicated at the time of confirming the order. At the time of delivery, the Customer must open the Product in the presence of a Mobiky Gentleman /the Courier and check that the delivered Product corresponds to the order and that the Product has not been damaged before signing the delivery slip. In the event of there being a fault, the Customer must precisely specify the nature of his reservations on the delivery slip. These reservations must be hand written, dated, detailed and accompanied by a signature on the delivery slip. "Damaged product" for example is not explicit enough. The Customer must specify the nature of the damage: scratches, bumps, stains etc. Similarly, if there is a mistake in delivery, the Customer must specify the type of mistake: wrong colour, wrong reference etc.
In the event of a mistake or damage, the Customer must refuse the Product and inform us of his reservations within five (5) days by email via the "Contact us" section of the website and at the same time by registered letter with acknowledgement of receipt to the address indicated below: Mobiky-Tech, 675 Promenade des Ports, 50 000 Saint-Lô, France.
Any claim sent beyond this time shall not be accepted. If the Customer does not express any reservations, the delivered Product is deemed satisfactory and may not be subject to dispute at a later date. For example, the Customer cannot express his reservations either to Mobiky or to the Mobiky Gentleman/Courier once the Mobiky Gentleman/Courier has left, even if the parcel has not been opened in the presence of the latter.
If the Customer wishes to change the delivery address or date of delivery, he must notify Mobiky as quickly as possible and at the latest five (5) working days before the planned delivery date To inform Mobiky, the Customer must use the "Contact us" section made available on the website or in the "My Account" area. He must indicate the order number, the Product in question and explanations justifying the changes. Mobiky shall then confirm whether this has been accepted or declined and why, by email or telephone as soon as possible.
Apart from the case of a lack of compliance or latent defects, no subsequent claims and/or reservations shall be accepted by Mobiky upon receipt of the Products by the Customer, if the latter has not acted in accordance with the procedure outlined above.
XII – NON COMPLIANCE GUARANTEE
The Customer may inform Mobiky about the non compliance of the Product with the order upon receipt of the Product. To do this, the Customer may use the "Contact us" section of the website. He shall describe the type of non compliance of the delivered Products and choose an exchange or reimbursement. If the Product initially ordered is not longer available, the Customer may request an equivalent replacement of the Product or a reimbursement. Mobiky shall inform him of the procedure to follow to undertake free return of the Products before receiving the new product or a reimbursement. Nevertheless, Mobiky reserves the right to refuse an exchange if this would incur disproportionate costs and to opt for a reimbursement.
This procedure may not be used within the framework of the exercise of the right to withdrawal, in which case the Product return costs are completely at the expense of the Customer.
Products are guaranteed by Mobiky for: (5) years for the frame, (2) years for fittings, 2 years for the electronic parts, (1) year for the batteries, from receipt of the Product by the Customer. If the Customer notices a defect in the Products, he must contact Mobiky by email via the "Contact us" section of the website. He must also send the request to Mobiky by registered post with acknowledgement of receipt to the address detailed in the "Withdrawal" article. Before agreeing to take responsibility for the Product under guarantee, Mobiky shall check that:
- The Product matches the Product which was sent to the Customer, without any damage or modification.
- The defect notified by the Customer is not due to:
- abnormal use of the Product;
- normal use or ageing of the Product;
- any accident caused by the Customer or a third party.
Moreover, charges for delivering and returning the Products remain entirely at the expense of the Customer.
If the above terms are met, Mobiky-Tech undertakes to repair the Product. If the Product cannot be repaired, Mobiky-Tech shall offer to replace the Product with an equivalent product or to reimburse it with a voucher corresponding to the amount of the original purchase.
- LATENT DEFECTS
Mobiky-Tech guarantees the Customer against any consequence of faults or latent defects which may affect the Products sold, unless otherwise stated on the website in accordance with French law.
The guarantee for latent defects protects the Customer from any manufacturing defects which have not been detected in the two (2) years following receipt of the Product. It applies only if the Customer can prove the highlighted defect existed before Mobiky-Tech delivered the Product. It is the Customer’s responsibility to arrange an expert analysis of the Product at his expense to obtain proof of the existence of a latent defect.
Mobiky-Tech's liability may not exceed a sum equal to the amounts paid or payable at the time of the transaction at the origin of the said liability. Moreover, no compensation may be claimed by the Customer beyond that which is formally provided for in the French Consumption Code. It must be noted that the manufacturer is liable in principle for everything surrounding Product safety based on article 1386 -1 of the French Civil Code.
XIII - INTELLECTUAL PROPERTY
Mobiky is a registered trademark filed with the French National Industrial Property Institute and http://fr.Mobiky.com is also a protected domain name. They are exclusively owned by Mobiky-Tech and may not be used without our previous consent. Any link with other sites without previous consent from Mobiky-Tech is strictly forbidden. Images, text and designs present on the website are owned by Mobiky-Tech and protected under French copyright. It is expressly forbidden to copy the images, text and designs displayed on the website and any person doing so shall be prosecuted and sanctioned immediately. Any misappropriation of the Mobiky sales concept is strictly forbidden and shall be sanctioned immediately.
XIV – WARNING - GOODS TO BE USED WITH PRECAUTION
These goods must be used with precaution in order to avoid domestic accidents. In the event of an accident, involving adults or children, linked to the dangerous nature of the equipment we sell, Mobiky may not be held liable.
XV - CONFIDENTIAL INFORMATION
This website is declared under registration number: 1389299. In order to manage the Personal Information, the latter may be sent to service providers located outside the European Union, in countries which offer an adequate level of protection, either in accordance with a European Commission decision or in accordance with a signed contract according to the standard clauses of the European Commission.
Within the framework of its commercial activities, Mobiky-Tech collects personal information which has been provided voluntarily, in particular at the time of registration of a new member to the Mobiky community ("Signing up"). Registration is voluntary for any User wishing to participate in the Mobiky community ("Voluntary Registration") and mandatory for any Customer. Mobiky collects the following personal data: surname, first name, date of birth, postal address and email address (hereinafter "Personal Data"). Personal Data is mainly used to ensure the management of Customers' orders.
Upon signing up voluntarily, the member becomes a participant in the Mobiky community. He therefore consents to the use of his email address for any communication from Mobiky, particularly emails informing him about new Products, special offers and other new services offered by Mobiky which are likely to interest him.
Mobiky-Tech undertakes to using Personal Data only within the framework of the operating the website. Mobiky undertakes not to pass on or rent Personal Data to third parties. At the first request of a Customer/member wishing to modify or delete his Personal Data from the Mobiky database, Mobiky-Tech undertakes to carry out the requested changes. Mobiky-Tech may in addition use technical means to obtain non personal information relating to Customers and/or site visitors in order to improve the use of the website, for example, by tracking the number of visitors to the website.
The Customer/member consents to the use of his Personal Data within the framework of internal marketing for the Mobiky community. He may at any time notify his objection to such use and Mobiky-Tech will thus undertake to no longer to use this Personal Data. To object to this use, the Customer/member must either send an email to Mobiky via the "Contact us" tab on the website, or click on the link to this effect within the emails presenting Mobiky's new offers.
XVI – LANGUAGE
The General Terms and Conditions, orders, emails as well as the sales contract entered into with the Customer are in French for the Territory.
XVII - REFERRALS
Mobiky allows its Customers/members to refer their friends and family in order to promote Mobiky. Those referred as well as those referring must confirm this by indicating the user number of the person who referred them.
XVIII - DISPUTES AND LIABILITY
The Customer is required to check that the information provided to Mobiky at the time of ordering, particularly the delivery address, is complete and accurate. Mobiky-Tech may not be held liable for any inputting mistakes which may lead to delivery mistakes. Mobiky-Tech may not be held liable for the Customer failing to respect the terms of delivery which he arranged himself with the delivery company. If applicable, charges relating to redelivery and storage of the products shall be payable by the Customer. Without limitation to the preceding paragraphs, Mobiky-Tech's liability may not exceed a sum equal to the amounts paid or payable at the time of the transaction at the origin of the said liability, whatever the cause or type of action in question. Any events or circumstances which are uncontrollable, unpredictable and independent of the wish of the parties, particularly in the event of a general or partial transport strike and natural disasters are deemed as exceptional circumstances or cases of force majeure, exempt from liability.
The Customer is solely liable for the choice and the purchase of goods. Consequently, if it is partially or completely impossible to use a Product, particularly due to incompatible equipment, there shall be no compensation, reimbursement or implication of Mobiky-Tech's liability except in the case of a proven latent defect, of non compliance, of defects or in the case of exercising the right to withdrawal provided for in the French Consumption Code.
XIX - SETTLEMENT OF DISPUTES
The General Terms and Conditions shall be fulfilled and interpreted in accordance with French law. The parties shall seek, before any disagreement, to come to an amicable agreement. It should be noted that the latter does not suspend the time period in which the guarantee will be applied. Any dispute of any nature or any contention relating to the make-up or fulfilment of the order, even in the case of recourse to the guarantee or several defendants, shall be, in the absence of an amicable agreement, exclusively dealt with by the courts in the jurisdiction of which the registered office of Mobiky-Tech is located.
XX - DIVISION OF CLAUSES
The fact that any one of the clauses of the General Terms and Conditions becomes void, non-invocable, null, illegal or inapplicable due to a law, ruling or to a judicial decision may not implicate the validity, the legality, the application of the other clauses of the General Terms and Conditions and shall not exempt the Customer from his contractual obligations.