GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE OF ACCESSORIES
The purpose of these general terms and conditions of sale of accessories (hereinafter the “General Terms and Conditions of Sale of Accessories”) is to define the conditions under which accessories (hereinafter referred to as “Accessory(ies)”) are sold by Bigben Connected (Société par Actions Simplifiée - Simplified joint-stock company under French law with a capital of €2,977,074, RCS 403 361 439 Lille métropole) on the website available at https://www.just-green.fr.
These general terms and conditions of sale of Accessories apply to any order placed remotely, by a natural person having the legal capacity and acting in a personal capacity as a consumer, directly on the Website available at the following address: http://www.just-green.fr (hereinafter together the “Website”)
The GTCS do not apply to professionals. A professional refers to any natural or legal person, public or private, acting for purposes relating to their trade, business, craft or profession, including when acting in the name or on behalf of another professional.
Modifications of the GTCS
These GTCS are likely to be modified at any time by Bigben Connected. It is your responsibility to review and accept them formally prior to any order. The GTCS applicable are those featured on the Website at the time you place your order and attached to the order confirmation email. Any order placed on the Website involves the complete, unreserved and unconditional acceptance of the GTCS in force at the time of said order.
II. ORDERING ACCESSORIES ON THE WEBSITE
Any order of one or more accessories (hereinafter the “Accessory(ies)”) requires a valid credit card or Paypal account and delivery to your home in metropolitan France.
Only orders for which your payments and applications have been previously validated by Bigben Connected will be taken into consideration.
- You must have a valid email address accessible from a computer, tablet, smartphone or equivalent connecting device.
- When placing your order, you choose the Accessory(ies) you wish to order. A summary of your order is displayed online. You can modify or accept it to confirm your order,
- When placing your order, you must review these “General Terms and Conditions of Sale of Accessories” and accept them,
- You will then receive a confirmation of your order on your email address.
The electronic data contained in the order form that you have completed and validated has probative value. BIGBEN Connected reserves the right, prior to delivery of the Product(s) and/or Accessory(ies), to check this information.
III. PRICE OF THE ACCESSORIES
The price of the Accessories (excluding delivery costs) is that featured on the relevant product data sheet, available on the Website. BIGBEN Connected reserves the right to change the price of its Accessories at any time, in accordance with the legislation in force.
The products or services you order will be charged on the basis of the price in effect on the Website at the time your order is validated.
The applicable price is that indicated on your order summary (indicated in the confirmation email).
The price of the Accessory(ies) is payable on placing the order and expressed in Euros, inclusive of all taxes and excluding delivery costs.
For eligible products, the price displayed on the product data sheet includes the amount of eco-tax.
You can view the amount of delivery costs applicable to your order when you select the delivery method of your order.
These potential costs will be indicated as and when you place your order and are charged at the end of the order in addition to the price of the Accessory(ies) selected. For professionals, any delay in payment will automatically result in the application of a penalty equal to 3 times the legal interest rate.
As Bigben Connected is not in charge of stock reservation (except in specific cases of products marked as “pre-order” in the product datasheet), the placing of a product or service in the cart does not guarantee the availability of said Accessory or its price.
The Accessories are available as long as they appear on the Website and unless otherwise stated. Should an Accessory be missing, you will be contacted by BIGBEN Connected within 48 working hours of the date of your order, by email or telephone.
This contact will tell you when the Accessory(ies) could be delivered.
If the Accessory ordered is completely unavailable, you can request reimbursement of the price of your entire order, if it has been invoiced and collected, within a maximum of thirty (30) days from payment, or ask for its replacement with an Accessory of equivalent price.
Orders are delivered, in metropolitan France, to your home address indicated at the time of the order. You may be asked to produce an identity document upon delivery of the order so that the carrier can make sure your identity matches that indicated at the time of your order.
In the absence of an order validation, you are either informed of the cancellation of your order or asked to produce additional supporting documents. In the latter case, upon receipt and validation of said documents, the preparation of your order will resume.
Subject to availability, receipt and validation of your applications and payment options proposed by BIGBEN Connected on the day of the order, your order will be delivered at the latest on the date mentioned on the delivery method selection page before final validation of your order.
If orders are placed on non-working days (weekend, public holiday or non-business day), the time limits commence to run from the first working day thereafter.
You have 24h00 from delivery of the Accessory(ies) to report any missing item by calling the BIGBEN Connected Hotline on +33 (0)9 72 45 18 81 (Cost of a local call from a landline) to allow BIGBEN Connected to assert their rights with the carrier selected. You will be kept informed of the delivery time of the missing item within five (5) days, after verification by BIGBEN Connected.
Case of Accessories that arrive damaged
Upon receipt or collection of your order, you must check the condition of the package(s) received and report any non-compliance on the delivery slip or refuse delivery.
Should you find that, after accepting the package, the Accessory ordered is damaged, you can let us know:
- by calling the BIGBEN Connected Hotline on +33 (0)9 72 45 18 81 (Cost of a local call from a landline)
- or by using the contact form on the just-green.fr website
within 3 (three) calendar days of receipt of your order (or 10 days if the carrier fails to justify that they gave the Client the possibility of effectively checking the condition of the delivery, by registered letter with acknowledgement of receipt sent to the carrier with copy to the Vendor (at the following address: BIGBEN CONNECTED – 65-67 rue de la Victoire 75008 Paris).
VI. TRANSFER OF OWNERSHIP AND RISKS
The transfer of ownership of the Accessory(ies) ordered is conditional upon the effective and complete payment of the principal and other charges.
Failure to pay for the Accessory(ies) ordered may result in the Accessory(ies) being claimed back by BIGBEN Connected.
The risks (in particular theft, loss, deterioration) will be passed on to you upon delivery of the Accessory(ies) and no refund may be claimed from BIGBEN Connected in this respect.
VII. Conditions for returning the accessories
A. RIGHT OF WITHDRAWAL
By virtue of article L 221-18 of the French Consumer code, you have a right of withdrawal (except in the cases provided for in article L 221-28 of said code) which may be exercised within 30 (thirty) clear days from the day following the delivery of your order. When the order involves several Accessories, the 30 (thirty)-day withdrawal period commences to run from the day following the date on which the last Accessory was received (the postmark attesting to the date of dispatch). When the 30 (thirty)-day period expires on a Saturday, Sunday, public holiday or non-business day, it is extended until the first working day thereafter.
To withdraw, you can:
- Download the standard withdrawal form (reproduced hereafter in Appendix 2) available on the just-green.fr website, print, complete and send it to the postal address featured on this form.
In any event, the withdrawal document must feature the customer’s surnames and first names as well as the order number and the invoice.
B. RETURNING THE ACCESSORIES
You must return the product(s) concerned by the withdrawal to the Vendor without undue delay and, in any event, at the latest 30 (thirty) days after expressing your decision to withdraw. This deadline shall be deemed to have been observed if you return the product(s) before expiry of the 30 (thirty)-day period.
You may request the replacement or refund of the Accessory(ies) ordered from the address communicated by BIGBEN Connected on +33 (0)9 72 45 18 81 (Cost of a local call from a landline).
Return costs are at the customer's expense.
Products are returned under your responsibility and at your expense. Any damage suffered by the Accessory(ies) on this occasion shall be likely to prevent you from exercising your right of withdrawal. We recommend that you take out an insurance policy for the transport of the Accessory(ies) returned. While this insurance coverage is optional, it may prove useful as protection against potential breakage, loss or theft.
The Accessory(ies) for which reimbursement is requested must be returned by registered mail, for safety reasons.
The Accessory(ies) shall be returned in its(their) original packaging and in good condition, including all accessories and documentation where appropriate. The Accessory(ies) must be in perfect condition for resale. Consequently, any incomplete or damaged Accessory as a result of handling operations other than those required to ascertain its nature, characteristics and/or effective operation will not be reimbursed.
If an order is returned as incomplete to the address indicated and/or if the return number of the Accessory(ies) is missing and/or if the Accessory(ies) is(are) returned to an address different from the one communicated by BIGBEN Connected, it will not be processed as a return, and therefore will not be reimbursed.
C. CONDITIONS FOR REIMBURSEMENT
Should you exercise your right of withdrawal, you will be refunded within 30 (thirty) working days of the date on which you exercise your right of withdrawal. However, Bigben Connected may postpone the reimbursement until the products have been effectively recovered.
It is pointed out that a promotional Accessory will be reimbursed at the price you actually paid or that should have been paid if it no longer meets the conditions of the promotion. In other words, reimbursement will cover the price of your order invoiced and collected by BIGBEN Connected.
You will only bear the return costs, except where you have opted for a replacement Accessory if the original Accessory(ies) is(are) unavailable.
VIII. WHO TO CONTACT?
A telephone number is available for any question: +33 (0)9 72 45 18 81 (cost of a local call from a landline).
IX. YOUR ACCESSORY WARRANTIES
All Accessories benefit from legal warranties and sometimes a manufacturer’s warranty.
A. LEGAL WARRANTIES
If you find a defect on your Accessory, you must contact us at the following number: +33 (0)9 72 45 18 81 (cost of a local call from a landline). We will perform an online pre-diagnosis. If the non-compliance found seems to be a defect covered by the warranty, we will replace your Accessory. To do this, follow the procedure indicated by Bigben Connected. Upon receipt of your Accessory, it will be assessed by our advisers. If it is confirmed that the default is covered by the aforementioned warranties, we will send a new Accessory to your home in metropolitan France.
In this case, we undertake to return an identical or higher-quality Accessory to you.
If, further to the diagnosis, it turns out that the defect is not covered by the aforementioned warranties, we will return your original Accessory to you.
In any event, you must keep the purchase receipt to benefit from the warranty.
It is pointed out that, under the legal warranty of conformity, the consumer:
· is entitled to a two-year period from delivery of the goods to take action against the vendor;
· is free to choose between the repair and the replacement of the goods, subject to the cost conditions stipulated in article L. 217-9 of the French consumer code;
· is exempted from providing proof of the existence of a lack of conformity of the goods for six months following delivery of the goods. This period was extended to 24 months on 18 March 2016, except for second-hand goods.
The legal warranty of conformity applies irrespective of the commercial warranty that may cover your goods. It is recalled that the consumer may decide to implement the warranty against hidden defects of the goods sold under article 1641 of the French civil code, in which case they are free to choose between the cancellation of the sale or a reduction in the selling price, in accordance with article 1644 of the French Civil Code.
B. MANUFACTURER’S WARRANTIES
- Manufacturer’s warranties do not exclude the legal warranty of conformity or the warranty against hidden defects, reproduced at the end of this article.
- Commercial and manufacturer’s warranties are valid for a normal use of the Product(s) and/or Accessory(ies) and do not cover, in particular:
- Damage caused by factors external to the Accessory: neglect, misuse, impact or fall, bad connection, effects of electrical surges, insufficient protection against moisture, heat or frost, lightning, water damage, modifications, repairs or attempted modifications or repairs made by a person who has not been authorised by BIGBEN Connected and, more generally, damage of any kind the origin of which is subsequent to delivery,
- Damage suffered by the user due to any Accessory malfunction, in particular any operating loss, any commercial or financial loss or pain and suffering,
- Loss, theft or breakage of the Accessory(ies).
X. DATA PROTECTION
When you use our online ordering services, we may collect your personal data from you.
Personal data is processed in accordance with the provisions of the Customers’ Personal Data Policy, available in “GDPR Information” at the bottom of each page of the Website.
- Pursuant to article 34 of the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (GDPR), which came into force on 25 May 2018, you shall at any time, for the entire data retention period, have the right to access, correct and delete, in whole or in part, your personal data. You can also object to the processing of your personal data, request its limitation or portability whenever possible. You can send instructions to Bigben Connected on how to use your data after your death. You can also exercise your rights via the contact form at http://www.just-green.fr.
You have the right to lodge a complaint with a data protection supervisory authority, in particular in the country where you reside: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. For example, CNIL in France: 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07. Tel.: +33 (0)1 53 73 22 22.
XI. ATTRIBUTION OF JURISDICTION
Each consumer has legal rights, granted under the national legislation applicable to consumerism, which may vary from one country to another. Consumer rights under the national legislation in force are not affected by these General Terms and Conditions of Sale of Accessories.
These General Terms and Conditions of Sale of Accessories are governed by French law. Any dispute over the interpretation or execution hereof shall be subject to the exclusive jurisdiction of the Paris Commercial Court, with the exception of disputes with non-traders for which legal rules for attribution of jurisdiction apply.
Articles on legal warranty and warranty against hidden defects
Article L. 217-4 of the French Consumer Code
The vendor is required to deliver goods in conformity with the contract and shall be liable for any lack of compliance at the time of delivery. They shall also be liable for lack of compliance resulting from packaging, assembly instructions or installation when said installation is entrusted to them under the contract or was carried out under their responsibility.
Article L. 217-5 of the French Consumer Code
The goods are in accordance with the contract:
1. If they are suitable for the use normally expected of similar goods and, where appropriate:
o if they match the description given by the vendor and possess the qualities presented to the buyer by the vendor in the form of a sample or model;
o if they have the qualities a buyer may legitimately expect given the public statements made by the vendor, the producer or their representative, in particular in advertising or labelling;
2. Or if they have the features defined by mutual agreement by the parties or are suitable for to any particular purpose sought by the buyer, made known to and accepted by the vendor.
Article L217-12 of the French Consumer Code
Any legal action resulting from lack of conformity lapses after two years from delivery of the goods.
Article L. 217-16 of the French Consumer Code:
When the buyer asks the vendor, during the period of the commercial warranty granted to them during the acquisition or repair of movable goods, for repair work covered by the warranty, any downtime period of at least seven days shall be added to the remaining term of the warranty. This period commences on the date the buyer makes the intervention request or the goods in question is made available for repair, whichever is later.
Article 1641 of the French Civil Code
The vendor is bound by a warranty against hidden defects of the item sold which render it unsuitable for the use for which it was intended, or which so impair said use that the buyer wouldn’t have bought it or would have paid a lower price for it, had they been aware of them.
Article 1648 (1) of the French Civil Code
Legal action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect.
Please complete and return this form only if you wish to cancel your order placed on www.just-green.fr (Accessories sold and shipped by BIGBEN Connected) – except for exclusions or limitations on the exercise of the right of withdrawal in accordance with the General Terms and Conditions applicable.
For the attention of Bigben Connected / Just Green – customer service department, 65-67 rue de la Victoire, 75009 PARIS, FRANCE
I hereby inform you of my withdrawal from the contract relating to the order of the product(s) below:
Request for: O Reimbursement O Forwarding
Your first name:
Your email address:
Comment (specify the relevant product(s) here:
Signature of the Customer(s) (only if this form is notified in paper format):
Or download the form here