General Terms of Trade (GTT)
1. Preface
The present GTT are concluded between the company BEN BOR SARL, registered in the company’s register of Epinal (Nr. 435396643), place of business in 88340 Le Val d’Ajol/France, 5 Outremont, and each person willing to buy one or more items in the online-shop Mobiflex of BEN BOR SARL (hereinafter “the customer”). BEN BOR SARL engages to respect the actual laws for distant selling.
2. Area of application
The present GTT regularize the selling conditions between BEN BOR SARL and its customers. They may be revised at any time and without advanced notice. Are to be applied the GTT which were valid by the conclusion of the contract.
3. Order and conclusion of the contract
The binding order of the customer is made in our online shop Mobiflex.fr. The customer gets immediately a confirmation of his order at his e-mail address.
With his order the customer accepts the present GTT and confirms having completely been informed about his rights.
The contract is considered concluded as soon as we have shipped the ordered item(s) to the customer.
4. Prices and payment
Our indicated article prices include legal VAT but do not include shipping costs. VAT is not applied if a customer from an EU country indicates his international VAT number, or for any shipping to a country outside the EU (exports). The article prices can at any time be adapted. The valid article price of the customer’s order has to be applied.
Calculation of shipping costs is based on delivery country and total weight of the ordered items. The applied shipping rates can be inspected at any time in our online shop Mobiflex.fr.
The payment of the ordered items has to be made in advance (credit card, bank transfer or - within France - cheque). Not completely paid orders will not be shipped before complete payment of the total order amount.
5. Articles, shipping and risk of transport
The products are available within the existing stock and are shipped by post as soon as possible (normally within 24/48 hours). If a product should not be available rapidly or definitively, we will immediately contact the customer by mentioning an approximate delivery date or in order to propose him to send another, similar product or the payback of his money.
The products are shipped to the shipping address which has been indicated by the customer when passing his order. In case the customer is absent at the delivery date, he gets a collection invitation. If the parcel can not be delivered because of an incomplete or lacking delivery address, because of a long lasting absence or if the customer does not collect his parcel, the additional charges for a second shipping have to be beard by the customer; they have to be paid in advance before the second shipping takes place. Normally, the delivery takes place within 3 working days in France (MET) after the customer has passed his order. This delivery time is about 4 to 8 working days for shipping to a country of the European Union (EU). (Other countries at request.)
The loss-risk of the parcel is insured and the customer will be reimbursed after investigations by the post / shipping agent have been accomplished (replacement delivery).
The risk of transport is to be beard by the customer as soon as the parcel has left our offices and has been transmitted to the carrier / post.
If possible, open your parcel in the presence of the carrier / post agent. If individual products are missing or the parcel is damaged, please refuse acceptance of the parcel or note the exact transport damage by written at the carrier / postman and confirm it at the post / the shipping agent within 3 days by written. (Attention: describe exactly the type of damage of the items, formulations like “acceptance under reserve”, “subject to exact examination” or “parcel damaged” are not accepted by the insurances. Be as precise as possible like “parcel damaged – left handle broken”.) Inform us about the damage (webmaster@mobiflex.fr) and send us pictures of the damaged parcel / products which we will transmit to the carrier / post in order to help you in your steps.
6. Right of withdrawal and right of return
The customer can, immediately after having got the order confirmation by e-mail, cancel his order by sending an e-mail to webmaster@mobiflex.fr.
The customer has the right to return the product purchased from us within a 14 days period beginning with the date of delivery of the order. Within this period, the customer may return one or more products he does not accept, together with a copy of his invoice or by indicating at least invoice number, invoice date and customer number. To respect the time limit, if will suffice to ship in time the products unscathed, unused and if possible in their original wrapping (date of post mark). The parcel has to be stamped sufficiently; insufficiently stamped parcels are not accepted. The customer bears the costs for the return.
The reimbursement of the article price will be made after reception and examination of the sent back goods.
The address for the return is as follows: BEN BOR SARL - Mobiflex 5 Outremont - 88340 Le Val d'Ajol / France.
Business-customers are explicitly excluded from the right of return (see also paragraph 12 of the present GTT).
7. Disputes and complaints
Complaints about the nature or the quantity of the gotten products have to be notified to us by written either by mail or e-mail (webmaster@mobiflex.fr) within 72 hours after receipt of the goods. After this laps of time, we will no longer be able to accept reclamations about the nature or the quantity of the products.
If possible, pictures should be added to the complaint. In case of product deficiency, BEN BOR SARL reserves the right to repair or to substitute the product.
8. Warranty
If nothing else is noted in the description of the product, the legal minimal-guarantee is to be applied (conformity-guarantee, guarantee for hidden lacks, contractual guarantee). In the case of a manufacturer-guarantee, the customer can turn to the manufacturer, to his service-places or to us. Wear or the consequences of improper treatment do not fall under the guarantee-performances.
Products, that are sent to us - with guarantee or without guarantee - in order be repaired, must be sufficiently stamped, clean and dry. Please absolutely enclose a copy of your invoice or indicate at least invoice-number, invoice-date and customer-number.
9. Reservation of proprietary rights
Until complete and irrevocable payment, the goods remain the propriety of BEN BOR SARL. But the risk of the sold product passes to the customer when the goods are shipped (when the goods leave our localities).
10. Responsibility
In the case of force majeure, BEN BOR SARL can not be made responsible for the non-performance of the contract. This is also to be applied in the case of strikes or other disturbances when dealing with the post or transportation companies, problems or disturbances with the telecommunication, fire, floods and other storm-consequences etc.
The statements and pictures in the online shop are not binding. BEN BOR SARL cannot be held responsible for mistakes in the text or of the pictures and reserves the right to alter the offer and the prices at any time.
Neither BEN BOR SARL nor any party involved in creating or producing the articles offered by BEN BOR SARL can be liable for any direct, incidental, consequential, indirect or punitive damages arising out of improper use of the products.
11. Privacy and data protection
BEN BOR SARL commits itself not to pass on any customer-data or to sell them to third parties.
The customer has the right to insight and information of relevant data over him (according to law no 78-17 of 6.1.1978 about informatics, documents and rights). This right can be practiced by means of written inquiry at following address: BEN BOR SARL • Mobiflex • 5 Outremont • 88340 Le Val d’Ajol/France .
12. From the present GTT aberrant clauses
Under certain circumstances (for example higher order sizes, special orders or custom-made products etc), from the present GTT aberrant clauses are to be applied (e.g. shipping and wrapping costs, right of return and right of withdrawal, warranty-conditions…). Please ask for our special conditions.
13. Jurisdiction
Any dispute arising hereunder will be settled before a competent court of law in Le Val d’Ajol, France, the place of business of the company.
PRIVACY POLICY: DATA PROTECTION, COLLECTION AND USE
Your rights as customer
In accordance with current legislation, you have at every time the right to insight, alteration (change of name or address), correction (in case of an error) or deletion of the data collected by us and concerning your person. If you would like to practice this right, please contact:
BEN BOR SARL
Dept. Mobiflex
5 Outremont
FR-88340 Le Val d’Ajol
France
E-mail : webmaster@mobiflex.fr
Secure data transfer
We transfer your order and customer login data securely in encrypted form using an SSL encryption system (secure socket layer). Your personal data are secure and cannot be read or falsified by third parties. You will recognize the secure data transfer by the lock symbol appearing in your browser (depending on the browser you use either in the lowermost or uppermost line) and by the fact that the site-URL begins with https instead of http.
Data collection and use
1. Order
We collect, process and save your data details in order to provide our services and to process the order for your purchase or any subsequent warranty claims. Within this framework we require your address details for shipping and billing the ordered products. Your phone number will only be used in the event of queries. Finally, we require your e-mail-address to confirm receipt of your order and to communicate with you. We will also use it to send you all contract-relevant information for you to archive and print.
Third parties are only given the relevant data they need to furnish their services (post, carrier, service provider for payment handling etc.).
Your order data are saved within the legal obligation to retain data (ten years). Afterwards, personal data are deleted and documents destroyed.
2. Customer account and login
We provide a password-protected access area (“My account”) for every customer who completes the corresponding registration process. This area enables you to view information on your current and recently dispatched orders, change your Mobiflex account details, to set up your personal address book, to view your wish list and to subscribe or to unsubscribe form the newsletter. You can also change your password or delete your customer account.
The customer is obliged to keep its personal access information confidential and to take the necessary precautions so that third parties cannot have unauthorized access. We do not assume any liability for any misused passwords providing we are not responsible for the misuse.
3. Address and e-mail
We commit ourselves not to pass on any customer data for advertising purposes to third parties, neither for free nor against payment. This is valid for address data, but also for e-mail and phone data. By this way we guarantee that our customers are not bothered with advertisements of third parties after having passed an order, registered an account or subscribed to the newsletter.
Beyond the normal order handling, you may be contacted occasionally (not more than two times per year) by us in order to allow us to keep up to date our customer data base and to inform you about important changes, promotions and novelties. If you do not wish this, please send an e-mail at webmaster@mobiflex.fr; we will then add you to our locked file.
Apart from this, you will only be contacted by us if you wish this expressly by subscribing to our newsletter. If you do not subscribe to it, we will not be able to inform and alert you regularly about new products or special promotions.
4. Other information
If you visit our website, the domain name or IP address of the inquiring computer will be temporarily be stored for system security reasons. This information is deleted after no longer than 4 weeks. This applies also to the data entries, the access date, the http response code, the website from which the computer accesses our sites and, finally for data quantity transferred (bytes).
In order to take in account the interests of our visitors and to evaluate our product offers accordingly, we evaluate the usage procedures in internal and external statistics (for example Google Analytics). However, this is made anonymously (e.g. product xy has been accessed by x% of the newsletter readers, or x% of our customers pay by cash in advance).
Newsletter and publicity
The customer has the possibility to subscribe to our newsletter. Therein we inform regularly about the usage of the products we offer, new products, promotions and overstocks as well as about relative topics.
For this purpose we use your e-mail-address. It will be saved for long-term archiving and used for the e-mail-transmission. In order to avoid undesirable advertising mails to our customers, this data is not transmitted to third parties.
An „unsubscribe“ link is available in all newsletters. You can also cancel your newsletter subscription in your password protected area or you may just send an e-mail with your wish to unsubscribe from our newsletter at webmaster@mobiflex.fr. You will then get a confirmation notice by e-mail.
Cookies
We use cookies on our websites. Cookies are small text files which are saved on your computer and which save specific settings and details about your browser to share with our system. Saving these settings and details helps us tailor the website to your needs and make it easier for you to use, for example, by saving certain entries you make rather than you having to make them repeatedly.
In principle, there are two types of cookies: the so-called session cookies and the long term cookies. Most cookies we use are session cookies which are automatically deleted from your hard drive at the end of your browser session (this means, they will be deleted when you close your browser or our website). However, the long term cookies remain on your hard drive. When you return to our website, these cookies enable us to automatically recognise that you have visited us before and identify your preferred entries and settings. For your convenience, most systems have a decay time for such cookies which is about one year. After this period, also the long term cookies are automatically deleted from your system. You can at every time delete these cookies at your system.
Your browser provides you with settings for restricting the use of cookies. These can cause our services to no longer work or only work to a limited extent.
Here is how to find the cookie-settings of your browser :
IE: Menu „Extras“ --> internet options --> privacy (or data security, according to browser version)
Firefox: „Extras“ --> settings --> privacy / data security
Netscape: „Edition“ --> settings --> confidentiality and security
Opera: „Files“ --> settings --> advanced / privacy
If you have any question about data protection, please contact the person in charge with data protection in our company : Yvonne Hagi (webmaster@Mobiflex.fr).
INFORMATION ON CANCELLATION
Right of withdrawal and right of return for consumers
You may cancel your contractual declaration in writing (e.g. letter or e-mail) within two weeks without stating any reasons, or - if you receive the goods before the two weeks period has expired - by returning the goods. The time limit starts with receipt of this notice in text form, but not before the goods have been received by the recipient and not before we have complied with our duties to supply information. To comply with the time limit, it is sufficient that the cancellation or return of the goods be sent in good time. Notice of cancellation must be sent to:
BEN BOR SARL
Dept Mobiflex
5 Outremont
FR-88340 Le Val d’Ajol
France
E-mail : webmaster@Mobiflex.fr
Consequences of cancellation
In the event of a cancellation, any payments received by either party must be returned. If you are unable to return the goods you received in full or in part or only in a deteriorated condition, you may be required to pay compensation to the value of the loss. This shall not apply when returning goods if the deterioration of the goods is due exclusively to an inspection of the type generally undertaken within a retail outlet. To avoid having to pay compensation to the value of the loss owing to deterioration from standard use, you are advised not to use the goods as though they were your property and to refrain from any activities which would lower their value. We therefore recommend to return the goods unused and wrapped in their original packaging.
You are liable for the costs of returning goods if the goods delivered correspond to those ordered. Any repayments required on your part must be made within 30 days of sending the notice of cancellation or returning the goods.
We reserve the right to eventually charge you adequate handling fees for extraordinary activities that may arise by your cancellation
End of information on cancellation
BEN BOR SARL, Le Val d’Ajol, December 2009
Copyright 2009 @ benbor