1. INFORMATION

1.1 Just Mojoo

Just Mojoo (“we”, “us”) is a Simplified Joint Stock Company, with capital of 10,000 euros, registered in the Nanterre Trade and Companies Register under number 842 403 339, whose registered office is located at 26 rue Saint Denis, 92100 Boulogne-Billancourt.

Eco-Organism Identifiers
Identifier for the household packaging sector: FR030033_01FJOH
IDU identifier for the management of WEEE from household electrical and electronic equipment: FR030033_0526LG
Identifier for Batteries: FR030033_062CV8

1.2 Scope of application

These General Terms and Conditions of Sale ("GTC") apply without restriction or reservation to all sales to consumers ("you, "your"") of products marketed by Just Mojoo ( the "Products"), intended to be delivered to the address designated by the Customer, within the European Union and in France (including Corsica and DROM-COM) via the ordering process, to the exclusion of all other conditions, in particular those in force for sales through other distribution and marketing channels.

Placing an order with Just Mojoo implies your unconditional acceptance of the latest version of these T&Cs. As the T&Cs may be subject to subsequent modifications, the applicable version is the one in effect on the date of the order and is sent to you by email after placing your order.

The T&Cs are readable following your invoice; they will prevail, where applicable, over any other version or any other contradictory document.

Prior to finalizing any order, you accept the T&Cs after having read them and certify that you are of legal age or hold authorization to order Products issued by an adult with parental authority. The T&Cs are binding on you in accordance with the provisions of Article 1119 of the Civil Code.

1.3 Your information

We process information about you in accordance with our Privacy Policy .

1.4 Pre-contractual information

You acknowledge having received, prior to placing your order and concluding the contract, in a legible and comprehensible manner, the General Terms and Conditions and all the information listed in Article L. 221-5 of the Consumer Code.

The following information is easily accessible to you:
- The essential characteristics of the Products;
- The price of the Products;
- The legal information in force on the Products and their origin;
- If applicable, any additional costs at your expense;
- The date or indicative period on which the Products will be made available to you;
- Information relating to the identity of Just Mojoo, information relating to legal guarantees, the Conditions of Use of digital content and, where applicable, the existence and terms of implementation of guarantees and other contractual conditions;
- Payment terms;
- The procedures provided for the processing of complaints.

 

2. ORDERING PRODUCTS

2.1 Orders are placed during the FFVélo Federal Week 2022 by JUST MOJOO from July 30 to August 6, 2022.

2.2 The order will only be final upon payment of the corresponding price. You guarantee that you are fully authorized to use the means of payment used and that these provide access to sufficient funds to cover all costs resulting from orders placed.

2.3 In accordance with the regulations, we archive orders on a reliable medium. We recommend that you keep your order validation emails.

 

3. AVAILABILITY

3.1 All orders for Products are subject to the availability of the Products ordered. If, for any reason, the Products you have ordered are not available or their delivery is delayed, we will inform you, by email, as soon as possible after receiving your order.

3.2 In the event of an order for several products, if one of the products is ultimately unavailable, we will inform you of the impossibility of sending the unavailable item. The remainder of the order will be shipped within the time announced by email. You may prefer to cancel your order completely, provided that you inform our team in advance during the event.

3.3 If we are unable to supply a Product, for example because it is no longer in stock with our suppliers or because of a pricing error (see clauses 5.3 and 5.4 below), we will inform you by email or telephone and will not process your order. If you have already paid for the Product, we will refund the price in full as soon as possible.

 

4. PRODUCTS AND COMPLIANCE

4.1 The Products are put on sale and presented at the event and on our site, accompanied by a presentation, a description, essential characteristics and photos. The characteristics and dimensions of the products indicated on our site including weights and capacities are elements provided by our suppliers. We make every effort to be as accurate as possible on the information provided, which we update regularly.

4.2 The images of the Products presented on our site are given for information purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that your computer or digital device will display the colours accurately or provide a satisfactory rendering of the colour of the Products. The Products delivered to you may be slightly different from those shown in the images.

4.3 The Products sold on our site by Just Mojoo comply with the standards applicable in France.

 

5. PRICES AND PROMOTIONS

5.1 The price of any Product is that indicated during the FFVélo Federal Week 2022, from July 30 to August 6, 2022 , except in the event of a manifest error.

5.2 The price of any Product may change at any time, but no change will affect an order already accepted by us.

5.3 During the FF Vélo Federal Week 2022, from July 30 to August 6, preferential rates may be offered. These rates will be valid only for the duration of the Federal Week and cannot be claimed beyond August 6, 2022.

5.4 Price including tax

The prices displayed during the FFVélo Federal Week 2022, from July 30 to August 6, 2022 are indicated in euros including tax: all French taxes included (French VAT), excluding delivery costs.

No order processing and packaging fees are added.

5.5 Delivery costs

Any order placed during the FFVélo Federal Week 2022, from July 30 to August 6, 2022, will be delivered on site for the duration of the event, free of charge. Any order placed from Thursday, August 4 will be subject to delivery charges, if the product is no longer in stock on site.

5.6 For deliveries outside mainland France , you agree to pay all taxes due on the importation of products, customs duty, value added tax, and any other taxes due under the laws of the country where the order is received. These local taxes must be paid to the relevant department at the time of delivery. Be Mojoo therefore disclaims any legal liability if the taxes are not paid.

 

6. DELIVERY

6.1 Delivery address

If your order could not be delivered during the FFVélo Federal Week 2022, it will be shipped to the delivery address you indicate when ordering. Delivery cannot be made to PO boxes.

To learn more about the delivery of our Products, please consult the information presented on the Delivery page of our site.

6.2 Order processing time

The Customer's order is processed and shipped within 24 hours (working days) except for exceptional periods such as Christmas and August which extend it to 48 hours (working days). This processing time corresponds to the time within which BeMojoo.com expects to transmit the Products to its delivery partners.

6.3 Delivery times

Delivery times are at least 48 hours after receipt of the order. These are indicative times, corresponding to the average processing and delivery times.

In order to meet these deadlines, please make sure to provide accurate and complete information regarding the delivery address (such as: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). You will be informed of the tracking number of your package when it is shipped.

The Shipping page of our website ( www.bemojoo.com ) provides details on the shipping and delivery procedure and the delivery time to be expected after the Products have been shipped. Although we make every effort to ensure that the Products are shipped and delivered within the estimated timeframes, we unfortunately cannot guarantee that they will not be affected by unforeseen circumstances related to our suppliers and delivery partners. If we are unable to meet the processing, shipping or delivery times, we will contact you and provide you with a new estimated date.

BeMojoo.com cannot be held responsible for the consequences due to a delay in delivery that is not its fault.

6.4 Receipt of Delivery

Delivery is made when the transport company delivers the products to the address you indicated when ordering. If no one is present at this address to take delivery of the order, the transport company leaves a paper or email notice, telling you how to proceed to organize a new delivery or collect your package from a relay point. For home delivery, if after three delivery attempts, you have not taken delivery of your order, we consider the contract to have been canceled at your initiative in accordance with the terms of article 8 below.

6.5 Damaged package

We work in collaboration with partners for the delivery of Orders. We cannot be held responsible if the Products arrive damaged at their destination.

You expressly agree to refuse delivery of Products whose transport support has suffered visible damage from the outside. In the event of acceptance, we cannot be held responsible for the damage suffered. As a result, any request for withdrawal, compensation, exchange and/or refund will be rejected.

In case of damaged package (already opened, missing products, etc.), we ask you to inform our customer service: sav@BeMojoo.com . We will take the necessary measures with the delivery provider to ensure the quality of the delivered products.

6.6 Dispute Period Following Delivery

Any dispute, following the delivery of a Product, such as a physical defect (paint, scratch, dent, etc.), must be made exclusively by email within 48 calendar hours after receipt of the product. Beyond this period, any request for support will be strictly rejected.

6.7 Delivery to a collective address or Receipt by a Guardian

A so-called "collective" address is an address allowing the domiciliation of an establishment such as a school, hotel, nursery, company, association. In the case of a delivery to a collective address, or a package received by a caretaker, our service for the delivery of the order stops at the actual delivery to the collective address indicated in your order, even if the product may be received by a third party. The transfer of risks to the Customer takes place at this time, it is therefore important that you take all precautions to ensure the proper receipt of your order at this address.

6.8 What should I do if I am not there when the delivery takes place?

In the case of delivery by La Poste, if you are absent during delivery, you have 10 working days to collect your parcel from the indicated post office.

Beyond this period, the package will be returned to BeMojoo.com . We will then make an initial reminder. If you do not respond within 14 days, we will consider that you have exercised your right of withdrawal.

 

7. PAYMENT

7.1 Payment methods

The Products and any applicable delivery charges must be paid to us prior to delivery of the Products. You can pay for your order by credit card (Visa, Eurocard/Mastercard) or in cash.

7.2. Payment Security

Your purchases are made securely. The payment solutions we have adopted are 100% secure.

7.3 Payment by bank card

Card payment is entrusted to the company Stripe or Zettle by PayPal. The precise list of accepted bank cards is notified to the customer during the payment process via the Stripe module or during the event. The entry of your credit card number as well as its expiration date and cryptogram are done on a highly secure page directly at Stripe. Just Mojoo does not store any card numbers.

Stripe's payment processing is certified as PCI/DSS compliant by Visa and Mastercard. This certification specifies the application of the most rigorous security rules to protect Customers' bank card data.

The debit on the customer's bank card is made in euros when the order is accepted by Stripe. Upon acceptance of the payment, the order is taken into account for preparation.

7.4 Suspicion of fraud

By placing an order, you confirm that the payment information provided with your order is valid and accurate and that you have the legal authority to use your payment method.

We reserve the right to ask you for proof of identity and authorizations necessary for the use of the means of payment. We also reserve the right to refuse any order in the event of abusive request, stock shortage, inappropriate or insulting behavior, insolvency and/or means of payment not accepted.

 

8. CANCELLATION, RETURN AND REFUND POLICY

8.1 We hope that all your purchases will give you satisfaction. However, if your Products do not meet your expectations, you can return them to us in accordance with the terms below or in accordance with your legal rights.

8.2 Right and Period of Withdrawal

You have a legal right to change your mind and cancel the contract between you and us within fourteen (14) days of delivery of your Products without giving any reason. This legal cooling-off period is fourteen (14) days. We extend this period to thirty (30) days from receipt of your order.

8.3 Conditions for exercising the right of withdrawal

The Products, particularly helmets, must not have suffered any impact, be in perfect condition, and be complete in their original packaging.

Helmets may have been tested but not used, nor have suffered any drops or impacts.

Items returned without original packaging, incomplete, damaged, damaged or soiled will not be accepted.

Products returned unpackaged, new and intact, may in certain exceptional cases be refunded. We reserve the right to deduct from this refund the loss in value of the Product supplied which will be sold unpackaged at events. Furthermore, we may deduct from any refund (which you may claim from us) the loss in value of the Products supplied.

8.4 Return of products

Carefully open the packaging in which the Products are delivered and carefully place them back in their original packaging before returning them to us.

It is up to you to arrange the return of the Products to us at the return address. The Products must be returned to us without undue delay and in any case no later than 14 days from the date on which you exercised your right of withdrawal. The costs of returning the Products, which vary from one item to another, are then your responsibility.

Return is at your own risk.

8.5 How to return a product?

To exercise your right of withdrawal, you must inform us of your decision to cancel your contract with us by clearly indicating this by following the procedure below:

1. Contact customer service by email sav@bemojoo.com and specify the reasons for the return.
2. We will respond to you and send you a return voucher.
3. Insert the return slip into the package, making sure to include the email, your contact details and the order number.
4. Make sure the package is properly closed.
5. Attach the completed return label to the package to the address below.
6. Entrust the package to the carrier.

Return address

Be Mojoo - Just Mojoo @ SPACES
Customer Returns
90 Queen's Road
92100 Boulogne-Billancourt - France

If you do not follow this procedure , our Returns Department may have difficulty registering your package, or may even be unable to identify it and therefore process it.

To meet this withdrawal period , you simply need to send your message concerning the exercise of your right of cancellation before the expiry of said cancellation period.

You may, if you wish, use the standard cancellation form below.

 Standard cancellation form

To: Just Mojoo @ SPACES - Customer Returns - 90 route de la Reine - 92100 Boulogne-Billancourt - France

Email address: sav@bemojoo.com

I/we hereby inform you(*) that I/we cancel(*) the contract for the sale of the following product(s):
Ordered on(*) / received on(*)

Name of the client(s),
Address of the customer(s),

Customer signature (only if this form is sent on paper)
Date

8.6. Receipt of the returned package and Refund

Upon receipt of the returned package by our Customer Service, we will ensure that the return conditions are met and thus validate the refund of the order.

8.7 Return of defective or non-described products

As a consumer you will always have legal rights in relation to Products that are faulty or not as described.

The implementation of this guarantee will require you to comply with the terms specified in article 10.9 of the T&Cs.

If you are exercising your right to return the Products because the Products are faulty or not as described when delivered or because you have a legal right to return the Products as a result of an error made by us after the Products were dispatched, the Products must be returned to us. You can arrange for their return yourself. In this case, the return will be free of charge to you.

No return, replacement or refund of Product will be accepted in the event of use of the Products in conditions contrary to those specified in the instructions for use accompanying them.

No Product repair will be provided.

8.8 Reimbursement

If you cancel your contract with us, we will refund you all sums paid by you, including the initial delivery charges (provided that we reserve the right not to refund you any supplementary costs incurred if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

If you exercise your right to return the products in accordance with Articles 8.1 to 8.4, the necessary return costs (package return costs) remain your responsibility (Art. L. 121-21-3 of the Consumer Code). In the case of a partial withdrawal on the order, the shipping costs remain acquired by Be Mojoo.

In the event that you have received a product with a manufacturing defect or not corresponding to your initial order, we will refund the price of the Products (delivery included) and the return costs are 100% our responsibility.

8.9 Reimbursement Period and Payment Method

We will make the reimbursement without undue delay, and no later than fourteen (14) days after the day of receipt by our services of the Products that we have provided to you.

We will make the reimbursement using the same payment method as you used for the initial transaction. In all cases, this reimbursement will be made at no cost to you.

 

9. RISK AND OWNERSHIP

9.1 Ownership of Products

Ownership of the Products is transferred to you once we have received full payment of all amounts due for the Products, including delivery costs.

9.2 Product Liability

The Products become your responsibility from the moment you (or a third party other than the carrier and indicated by you) take physical possession of the Products.

 

10. LIABILITY, WARRANTY AND AFTER-SALES SERVICE

10.1 Compliance of products with legislation

The products sold by Just Mojoo comply with current French legislation and the standards applicable in France. We have a legal obligation to provide Products that comply with the contract we enter into with you. You are solely responsible for reviewing the products and technical data to make your choice and order. You are therefore the sole master and judge of the compatibility that you plan to make in the context of their uses.

10.2 Products designed for standard personal use

Our Products are designed for standard personal use and we make no warranty as to their performance in a professional or competitive environment. We will not be liable to you for any loss of profits, loss of business, business interruption or loss of opportunity.

The total or partial impossibility of using the product, due to a material incompatibility, cannot engage our responsibility, nor give rise to the right to compensation or reimbursement beyond the regulatory conditions of the right of withdrawal for distance purchases of the consumer code in force.

The accessories and products sold on BeMojoo.com by Just Mojoo (and in particular the Lumos helmets) are for exclusive use for soft mobility (bicycles, scooters, skateboards, etc.) and in no way for use on motorized two-wheelers.

It is essential to commit to respecting the highway code, being vigilant on the road for obstacles and vehicles around you. Thus in the case of Lumos helmets with indicators, the user must also mention his change of direction with the arm in order to ensure that other road users understand his change of direction.

We cannot be held liable for use of the Products in conditions contrary to those specified in the instructions for use accompanying them.

10.3 Breach of Contract

If we fail to perform a contract with you, we will be responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable.

Loss or damage is foreseeable if it is an obvious consequence of any breach by us of the General Conditions of Sale or if it is defined as such at the time of conclusion of the contract.

10.4 Our liability

Just Mojoo shall not be liable for any direct or indirect damages that may arise as a result of your purchase and use of the Products. To the extent permitted by applicable law, the maximum amount of loss or damage for which we shall be liable is limited to the price you paid for the Product to which the loss or damage you suffered is related.

10.5 Non-limitation of liability

We cannot exclude or limit our liability in the following cases:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. liability imposed by the Consumer Rights Act 2015, the exclusion or restriction of the application of which is not permitted under section 31 of the Consumer Rights Act 2015;
4. and defective products under the Consumer Protection Act 1987.

10.6 Warranty period

All our Products purchased online and assembled by a professional, with supporting invoice, are guaranteed for 24 months, as required by French and European legislation.

10.7 Installation and use of the product

You must comply with the manufacturer's regulatory standards and instructions regarding the assembly and use of the products. We undertake to provide all the information at our disposal at the time of purchase to assist you.

10.8 Warranty and Legal Rights

This does not affect your legal rights, in particular the legal guarantee of conformity provided for in Articles L217-4 to L217-12 of the French Consumer Code, and the legal guarantee of hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

These two legal guarantees apply independently of any commercial guarantee provided by the manufacturer of the product.

10.8.1. Legal guarantee of product conformity

You benefit from the legal guarantee of product conformity (L217-4). We undertake to only sell products that comply with the standards and regulations in force within the European Union.

“Legal guarantee of conformity” (extract from the Consumer Code)

Art. L. 217-4 “The seller delivers goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility”.

Art. L 217-5 “The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.

Art. L. 217-12 “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good”.

 

10.8.2. Legal guarantee against hidden defects

Under Articles 1641 et seq. of the Civil Code, you benefit from the legal guarantee against hidden defects arising from a material, design or production defect affecting the products delivered and making them unfit for the use for which they were designed.

Under article (L217-12), you have two years to assert the right to a defect in the legal guarantee of conformity.

“Guarantee against hidden defects” (extract from the Civil Code)

- Art. 1641. "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them . "

- Art. 1648-1 “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect” .

- Article 2232 of the Civil Code “The postponement of the starting point, the suspension or the interruption of the limitation period cannot have the effect of extending the period of extinctive limitation beyond twenty years from the day on which the right arose. The first paragraph is not applicable in the cases mentioned in Articles 2226, 2227, 2233 and 2236, in the first paragraph of Article 2241 and in Article 2244 [of the same Code]. It also does not apply to actions relating to the status of persons” .

10.8.3. Manufacturer's commercial warranty

You benefit from the manufacturer's commercial guarantee (L217-15) regarding the proper functioning of the product. The guarantee applies from the day you receive the product. The manufacturer's commercial guarantee (L217-15) is two years in accordance with the rules in force on the date of this sales contract.

The manufacturer's commercial warranty (L217-15) binds the manufacturer as to its application to the products delivered by our company. The manufacturer remains in control and decision-making as to its implementation. The product under warranty is, at the manufacturer's choice, exchanged or repaired.

In order to assert its rights, the Customer undertakes to return, if necessary, the product requesting warranty intervention.

In any case, the “guarantee” does not cover:

• Replacement of consumable
• Improper use
• Defects and consequences due to installation by an unqualified person
• Defects and consequences due to use not in accordance with the use of the product prescribed by the manufacturer.

 

Manufacturer’s Commercial Guarantee (Extracts from the Consumer Code)

Art. L. 217-15. “The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.

The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.

Furthermore, it clearly and precisely states that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.

In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it.

 

Art. L. 217-16. “When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or from the provision for repair of the item in question, if this provision is subsequent to the request for intervention.

 

10.9 Terms of exercise of guarantees

• Register your product within 30 days to benefit from the warranty

Following your purchase of a Lumos helmet, it is essential to register your product on the manufacturer's website: https://app.lumoshelmet.com/warranty-registration by selecting “retail store” as the place of purchase of the product.

Details of the procedure to register the warranty of your Lumos helmet on our website: https://bemojoo.com/pages/warranty-helmet-bemojoo-how-to

It is essential to register your product within 30 days of purchasing your product.

• Exercise of the guarantee

To exercise your warranty, contact the manufacturer directly, and in particular Lumos in the case of light-up helmets.

In case of difficulty you can contact us by email: sav@BeMojoo.com specifying your contact details, your invoice/order number, the problems with your product and the reasons for your warranty request. Ideally add a video of the product with the problem observed.

As part of the warranty, we offer to return your product to us. The shipping costs will be covered under the conditions provided for by law, regardless of the solution chosen. It is already specified here that all shipping costs of the product, linked to a return under a commercial warranty, will be your exclusive responsibility.

After processing the product by our team, who will check in particular whether the product can benefit from the legal or commercial guarantee, the product will be repaired or exchanged as standard.

If the cause of the breakdown falls within the scope of the legal or commercial guarantee, if the product is not repairable and cannot be exchanged for an identical or equivalent product, it will be refunded in the form of a credit note or refund. In all cases, Be Mojoo will offer the most suitable solution (replacement of the defective part, replacement of the item or refund).

In the event of an abnormal or abusive return or if the Customer has not read and applied the instructions in the user guides made available on the site, this return will be considered a non-compliant return and treated as such. Similarly, all products returned without a return number will be systematically treated as a non-compliant return. It is recalled that the Customer is free to choose the method of sending their product and to take out insurance or not in the event of loss, theft or destruction of their package. We do not cover any of these costs and cannot be held responsible for the non-receipt of the Customer's package. Finally, you are responsible for the method of packaging the product, which must be done in such a way that the product can travel without risk of breakage or damage.

 

11. FORCE MAJEURE

11.1 We shall not be liable for any failure to perform or delay in performing our obligations under a contract which is caused by force majeure events.

Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances:

1. In addition to those usually retained by the case law of French courts and tribunals: natural disasters, fires, floods, difficult weather conditions, explosions, wars (declared or not), acts of terrorism, acts of central or local public authorities or any other competent authority
2. Total or partial strikes, lockouts, confinements, riots, boycotts or other industrial actions or trade disputes, civil unrest, insurrection, war, bad weather, epidemic, pandemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks
3. and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

It being understood that:

1. we will take all reasonable steps to avoid or minimise the non-performance or delay;
2. All obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.
3. In the event of non-performance of our obligations, we will reimburse you for all amounts paid under the relevant contract;
4. If the force majeure event continues for more than three (3) months, the relevant contract may be terminated automatically without compensation for either party. You may inform us of your decision to cancel your order and we will then refund all amounts paid under the relevant contract.

11.2 Unforeseen circumstances

In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract with its co-contractor.

 

12. DISPUTE RESOLUTION

12.1 With our team

If you have a dispute with Be Mojoo regarding our contract with you, please first contact us at sav@BeMojoo.com and attempt to resolve the dispute with us informally.

You can also write to us at the following address:

Be Mojoo - Just Mojoo @ SPACES
90 Queen's Road
92100 Boulogne-Billancourt - France

12.2 Consumer mediator

In accordance with the provisions of the Consumer Code (articles L.612-1, L.616-1 and R.616-1) concerning “the process of mediation of consumer disputes”, we offer a free consumer mediation system and adhere to the e-commerce Mediator Service of CM2C, Consumer Mediation Center of Justice Conciliators.

This mediation system can be contacted by:

• By electronic means: By using the online service on the site, you fill out the form for your request, this is the fastest method https://www.cm2c.net/declarer-un-litige.php
• By email to: cm2c@cm2c.net
• By post: 14 rue Saint Jean 75017 Paris

 

Extract from the Consumer Code

Art. L.612-1 “Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.

The professional may set up his own consumer mediation system or offer the consumer recourse to any other consumer mediator meeting the requirements of this title.

Where there is a consumer mediator whose competence extends to all companies in a field of economic activity to which he belongs, the professional always allows the consumer to have recourse to him.

The terms and conditions under which the mediation process is implemented are specified by decree in the Council of State." 

Art. L.616-1 and R.616-1 “Any professional shall communicate to the consumer, in accordance with the terms set by decree in the Council of State, the contact details of the competent mediator(s) to whom he is subject. The professional is also required to provide this same information to the consumer, where a dispute could not be settled within the framework of a prior complaint directly submitted to his services.”

 

12.3 Conditions for examination of the dispute by the Mediator

In accordance with Article L 612-2 of the Consumer Code, one of the preconditions for the examination of the dispute by Union Sport et Cycle is as follows:

1. a) To be admissible, the consumer must have sent a complaint to the professional in writing in accordance with the terms provided for in his contract and not have received a response or have received a response that does not satisfy him.
2. (b) This claim must be less than one year old,
3. (c) The customer's request must not be manifestly unfounded or abusive,
4. d) The dispute must not have been examined or be in progress before another body (conciliator, mediator, court, arbitrator, etc.). In case of doubt, the Mediator will consult the Consumer and/or the professional who will have to respond to him.

 

In the event of non-compliance with one of these conditions, the consumer mediator will inform the consumer of the rejection of his request within 3 weeks of receipt of his file.

Upon receipt of the documents accompanying the consumer's request and if the file is admissible, the mediator notifies both parties of his referral (electronically or by regular mail) and reminds them that they can withdraw from the process at any time.

If the parties so request, the mediator communicates all or part of the documents in the file.

In order to reach an agreement between the parties, he may receive or hear them together or separately.

It is recalled that the mediator seeks the agreement of the parties and promotes through his know-how the emergence of an amicably agreed solution between them. To this end, he is the guarantor of their framework for discussion, exchange and communication.

 

12.4 European Commission Online Dispute Resolution Platform

In the unlikely event that we are unable to resolve the dispute amicably, we draw your attention to the fact that the European Union offers an online dispute resolution platform where EU consumers can raise disputes arising from online purchases. Here is the link to the European Commission's dispute resolution platform .

 

13. INTELLECTUAL PROPERTY

Under no circumstances are you authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).

Generally, all copyrights, trademarks and other distinctive signs and property or intellectual property rights remain the full and entire property of BeMojoo.

The Customer is therefore required to respect intellectual property rights and may not use the trademarks appearing on the Products where applicable, or register a trademark which would be detrimental to the rights holder, unless otherwise provided in the contract.

The same applies to any other intellectual property right.

 

14. DATA PROTECTION

In accordance with the data protection regulations (GDPR: European Union Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data), you have a permanent right of access, modification, rectification and opposition with regard to information concerning you. Any request must be sent by e-mail to: hello@bemojoo.com or by post to the following address:

Be Mojoo - Just Mojoo @ SPACES
90 Queen's Road
92100 Boulogne-Billancourt - France

The collection of data is necessary for us to process orders and issue invoices. We undertake to use your confidential information only in the context of operating our Site.

For the smooth running of the order, the personal data collected is subject to computer processing; You acknowledge being aware of this.

In this respect, information concerning you may be communicated to our technical service providers. In order to combat Internet fraud, information relating to your order and payment may be transmitted to persons authorized by law for verification.

Concerned about the security and peace of mind of our customers, we refuse to use your data for any commercial canvassing by a third party. Your data is kept for the sole purpose of establishing the service and sales by Be Mojoo (online or during events).

Find here the complete Privacy Policy with details on the use of your data.

 

15. SEVERABILITY OF PROVISIONS

Each provision of these Terms of Sale operates separately. If any court or other competent authority decides that any provision of these Terms of Sale is unlawful or unenforceable, the other provisions will continue in effect.

 

16. UPDATE OF THESE TERMS OF SALE

We may modify or update these Terms of Sale at any time for various reasons, including:

1. change in the way our organization operates;
2. changes in legal or regulatory requirements with which we must comply;
3. or change the payment methods we accept. However, each of your orders for Products will be governed by the terms published on our site at the time of the order.

For any order, the applicable conditions are those in effect on the date of your order. These general conditions of sale are permanently accessible at the following address: https://bemojoo.com/policies/terms-of-sale in a computer format allowing them to be printed and/or downloaded, so that you can reproduce or save them.

 

17. THIRD PARTY RIGHTS

Any contract entered into between you and us is between you and us only. No third party will have any rights to rely on its terms.

 

18. ASSIGNMENT OF YOUR RIGHTS

We may assign our rights and obligations under the contract with you to another organisation and we will use reasonable endeavours to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to notify you in writing if this happens.

 

19. APPLICABLE LAW AND JURISDICTION

19.1 Depending on the country in which your habitual place of residence is located, these Conditions of Sale are governed by French law. This means that a contract relating to the purchase of Products on our site and any dispute or action arising therefrom or related to it will be governed by French law. Any dispute must be subject to a prior attempt at amicable settlement.

19.2 Depending on the country in which you are domiciled, the French courts will have non-exclusive jurisdiction to hear any proceedings relating to this contract.

 

20. CONTACT

20.1 If we need to contact you or tell you something in writing, we will do so by email, text message or telephone.

20.2 If you have any questions regarding these Terms of Sale, please email us at hello@BeMojoo.com and we will be happy to assist you.

In order to ensure quality service and information, at any stage of the sale, order, invoicing and after-sales service, you can contact us by email: hello@bemojoo.com .

 

21. EXCLUSIONS: B2B PURCHASES

21.1 The terms and conditions that apply to consumers under French law do not apply to purchases made by professionals for the purposes of their professional activity – in particular the right of withdrawal provided for in Article 8 or the legal guarantee of conformity provided for in the Consumer Code, which is mentioned in Article 10.8 of these Conditions of Sale.

21.2 Notwithstanding the general rule provided for in Article 19 above, the parties expressly agree that, concerning B2B purchases, this contract is exclusively governed by French law and that, in the event of a dispute, the courts of Nanterre will have sole jurisdiction.