Terms of sale
Revised on 1 October 2021
ABOUT US AND YOUR INFORMATION
1.1 Be Mojoo
www.BeMojoo.com is a website operated by Just Mojoo (‘we’, ‘us’, ‘our’). We are a Société par Actions Simplifiée (simplified joint stock company) with capital of 10,000 euros, registered with the Nanterre Trade and Companies Register under number 842 403 339, whose registered office is located at 26 rue Saint Denis, 92100 Boulogne-Billancourt.
Identifier for the household packaging sector: FR030033_01FJOH
IDU for the management of WEEE from household electrical and electronic equipment: FR030033_0526LG
IDU for Batteries: FR030033_062CV8
1.2 Scope of application
These General Terms and Conditions of Sale (‘GTCS’) apply without restriction or reservation to all sales to consumers (‘you’, ‘your’) of products marketed on the Site (the ‘Products’), intended for delivery to the address designated by the Customer, within the European Union and in France (including Corsica and DROM-COM) via the order process, to the exclusion of all other conditions, in particular those in force for sales via other distribution and marketing channels.
Placing an order on the site implies your unreserved acceptance of the latest version of these GCS. As the GTC may be subject to subsequent amendments, the applicable version is that in force on the date of the order and will be sent to you by e-mail after you have placed your order.
The GTC are easily accessible at all times on the site and will prevail, where applicable, over any other version or any other contradictory document.
Prior to finalising any order, you accept the GCS after having read them and certify that you are of legal age or that you hold an authorisation to order Products issued by an adult with parental authority. The GCS are enforceable against you in accordance with the provisions of article 1119 of the French Civil Code.
1.3 Your information
We process information about you in accordance with our Privacy Policy.
1.4 Pre-contractual information
You acknowledge that, prior to placing your order and entering into the contract, you have been provided, in a legible and comprehensible manner, with the General Terms and Conditions of Sale and all the information listed in article L. 221-5 of the French 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 concerning the Products and their origin;
- Where applicable, any additional costs you may incur;
- The date or indicative deadline by which the Products will be made available to you;
- Information relating to the identity of Just Mojoo, information relating to the legal guarantees, the Terms of Use of the digital content and, where applicable, the existence and procedures for implementing guarantees and other contractual conditions;
- Terms of payment;
- The procedures for handling complaints.
2. ORDERING PRODUCTS
2.1 You may order Products by following the procedure described on our site. You acknowledge that by placing an order on our site, you enter into an obligation to pay for the Products ordered when your order is accepted.
2.2 Our ordering procedure allows you to check and correct any errors before sending us your order. Please take the time to read and check your order at each stage of the ordering process.
2.3 Once you have selected the Products, you can check the contents of your order, in particular the number of Products, the unit price and the total price by clicking on the ‘Add to basket’ or ‘Buy now’ link.
The Shopping Cart allows you to view the Products, as well as all their characteristics, prices and delivery terms. You will be able to remove one or more Products. The order may be modified at any time before its final validation. It will only be definitively registered once all the information has been provided and payment has been made online.
2.4 After specifying the information required for invoicing and delivery of the Product, you confirm the order by clicking on the ‘Continue to shipping’ link where you will be able to choose the delivery method. Payment will then be made by clicking on the ‘Continue to payment’ link, where you will be able to choose the payment method of your choice.
You will complete your order by paying for it. Any validated order implies acceptance of the price corresponding to the Product(s) ordered. The order will only be final once the corresponding price has been paid. You guarantee that you are fully authorised to use the means of payment used and that these give access to sufficient funds to cover all costs resulting from orders placed.
2.5 Before ordering Products from us, it is your responsibility to check and ensure that you are in a position to receive the Products ordered and that no problems are likely to complicate delivery or make it impossible.
2.6 If we have a dispute over a previous order, or if the order is for an abnormally high amount or quantity, we reserve the right to cancel or refuse the order. Before your purchase, you certify that the purchase of products on our site is not directly related to your professional activity and that it is limited to use in compliance with the regulations in force concerning the use and standard of the products sold on our site.
2.7 You must keep the contact details you have given us up to date so that we can contact you if necessary regarding your order or the delivery of the Products. You can change your contact details in the ‘My Account’ section of our site.
2.8 In accordance with regulations, we archive orders on a reliable medium. You can access this on our site in the ‘My account’ section. We recommend that you keep the e-mails confirming your order.
3. AVAILABILITY
3.1 All orders for Products are subject to the availability of the Products ordered. If, for any reason whatsoever, 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 case of an order for several Products, if one of the Products turns out to be unavailable, we will inform you of the impossibility of sending the unavailable item. The rest of the order will be dispatched within the timeframe announced by email. You may prefer to cancel your order altogether, provided that you inform our customer service department of this in advance by email.
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 and will not proceed with your order. If you have already paid for the Product, we will refund the full price as soon as possible.
4. PRODUCTS AND CONFORMITY
4.1 The Products are offered for sale and presented on our site, together with a description, essential characteristics and photos. The characteristics and dimensions of the Products shown on our site, including weights and capacities, are provided by our suppliers. We make every effort to be as accurate as possible with the information provided, which we update regularly.
4.2 The images of the Products presented on our site are given for information only. Although we make every effort to display the colours accurately, we cannot guarantee that your computer or digital medium will display the colours accurately or will render the colours of the Products satisfactorily. The Products delivered to you may differ slightly from those shown in the images.
4.3 The Products sold on our site comply with the standards applicable in France.
5. PRICES AND PROMOTIONS
5.1 The price of any Product is that indicated on our site, except in the event of an obvious error.
5.2 The price of any Product may change at any time, but any change will not affect an order already accepted by us.
5.3 It is always possible that, despite our best efforts, the price of certain Products may be incorrect. In principle, we check prices as part of our order processing procedure so that, if the price of a Product is lower than the price indicated, we charge the lower amount when the Product is dispatched.
If the exact price of a Product is higher than the price shown on our site, we may contact you and ask for your instructions before dispatching the Product, or reject your order and notify you of its rejection.
5.4 If the price error is obvious and flagrant and you yourself could easily have realised that it was an error, we are under no obligation to deliver the Product to you at the incorrect (lower) price, even after sending acceptance of your order.
In the event of force majeure (in particular a computer bug) resulting in a derisory price being displayed on our site, we reserve the right to cancel the order with immediate reimbursement.
5.5 Prices including VAT
The prices displayed on the Site are indicated in euros, inclusive of all French taxes (French VAT) and exclusive of delivery charges.
No order processing or packaging costs are added.
5.6 Delivery charges
Delivery costs are indicated in the Customer's basket, before the order is finally confirmed. To find out the delivery costs for a product, consult our Delivery page.
5.7 For deliveries outside mainland France, you undertake to pay all taxes due on the import of products, customs duty, value added tax and any other taxes due under the laws of the country in which the order is received. These local taxes must be paid to the service concerned at the time of delivery. Be Mojoo disclaims all legal liability if taxes are not paid.
5.8 Promotions and Discounts
From time to time, we may run promotions or offer other forms of deals to encourage you to purchase certain Products from our site (‘Promotions’).
5.9 Terms of Promotions
The duration of any Promotion, the conditions to be met in order to benefit from it and the Products covered by the Promotion are indicated to all our customers by email and on our site via an indicative message. Promotions are not cumulative.
6. DELIVERY
6.1 Delivery address
Your order will be dispatched to the delivery address you specify when placing your order. Delivery cannot be made to post office boxes.
To find out more about the delivery of our Products, please consult the information on the Delivery page of our site.
6.2 Order processing time
The Customer's order is processed and dispatched within 24 hours (working days), except during exceptional periods such as Christmas and the month of August, which are extended 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
The delivery times indicated on our site are indicative times, corresponding to average processing and delivery times.
To ensure that these times are respected, please ensure that you provide accurate and complete information concerning the delivery address (such as: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
The Delivery page of the site gives details of the dispatch and delivery procedure and the delivery period to be expected after dispatch of the Products. Although we make every effort to ensure that Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen circumstances relating to our suppliers and delivery partners. If we are unable to meet processing, shipping or delivery deadlines, we will contact you and provide you with a new estimated date.
BeMojoo.com cannot be held responsible for the consequences of a delay in delivery that is not of its making.
6.4 Receipt of Delivery
Delivery is made when the transport company delivers the products to the address you indicated when you placed your order. If no-one is present at this address to take delivery of the order, the transport company will leave a notice on paper or by email, telling you how to proceed to organise a new delivery or collect your parcel from a relay point.
For home delivery, if after three delivery attempts you have not taken delivery of your order, we will consider the contract to have been cancelled on your initiative in accordance with the terms of article 9 below.
6.5 Order tracking
You can track the status of your order at any time using the order tracking emails you receive.
If you have difficulty finding the status of your order or tracking its progress, our Customer Service department is at your disposal. Contact them as indicated in article 13.
6.6 Damaged parcels
We work with partners to deliver Orders. We cannot be held responsible if the Products arrive damaged at their destination.
You expressly undertake to refuse delivery of Products if the transport medium has suffered damage that is visible from the outside. In the event of acceptance, we cannot be held responsible for any damage sustained. Consequently, any request for retraction, compensation, exchange and/or reimbursement will be rejected.
In the event of a damaged parcel (already opened, missing products, etc.), please inform our customer service department: sav@BeMojoo.com. We will take the necessary measures with the delivery supplier to ensure the quality of the products delivered.
6.7 Time limit for complaints following delivery
Any dispute following the delivery of a Product, such as a physical defect (paint, scratches, poc, etc), must be made exclusively by email within 48 calendar hours of receipt of the product. After this time, any request to take responsibility will be strictly rejected.
6.8 Delivery to a collective address or Reception by a Guardian
A so-called ‘collective’ address is an address for an establishment such as a school, hotel, crèche, company or association. In the case of a delivery to a collective address, or a parcel received by a caretaker, our service for routing the order ends with the actual delivery to the collective address indicated in your order, even though the product may be received by a third party. As the transfer of risk to the Customer takes place at this point, it is important that you take every precaution to ensure that your order is received at this address.
6.9 What do I do if I am absent at the time of delivery?
In the case of delivery by La Poste, if you are absent at the time of delivery, you have 10 working days in which to collect your parcel from the post office indicated.
After this period, the parcel will be returned to BeMojoo.com. We will then send an initial reminder. In the absence of a response from you 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. We accept the methods of payment shown on our website. You may pay for your order by credit card (Visa, Eurocard/Mastercard), with your Paypal account, or by gift card as specified in articles 7.3, 7.4, 7.5 and 7.6 below.
7.2. Payment security
Your purchases are made securely. The payment solutions we have adopted are 100% secure.
7.3 Payment by credit card
Payment by credit card is handled by Stripe. The precise list of accepted bank cards is provided to the customer during the payment process via the Stripe module. Your credit card number, expiry date and security code are entered on a highly secure page directly at Stripe. BeMojoo.com does not store any card numbers.
Stripe's payment processing is certified PCI/DSS compliant by Visa and Mastercard. This certification specifies the application of the most rigorous security rules in order to protect the Customer's bank card data.
The Customer's bank card is debited in euros when the order is accepted by Stripe. As soon as payment is accepted, the order is taken into account for preparation.
7.4 Paypal payment
If you choose the Paypal payment method, you will be redirected to the Paypal site, where you will enter your password if you have a Paypal account. If you do not have a Paypal account, you can create one on the Paypal website.
Personal and financial information is automatically encrypted when any sensitive information is sent to the Paypal servers.
In the event of a product return, the refund will be made directly in the form of a credit to the Paypal account used to pay for the original order. The account holder's details remain 100% confidential.
7.5 Gift Card
You can use one or more of our Be Mojoo gift cards to pay for all or part of your order on our site. Depending on the amount of the order, you can :
Use part of the amount on the gift card
Or use several gift cards
Or use the full amount of your gift card and complete it with another means of payment.
7.6 Suspicion of fraud
By placing an order with us on our site, you confirm that the payment details provided with your order are valid and accurate and that you have the legal authorisation to use your payment method.
We reserve the right to ask you for proof of identity and the authorisations required to use the payment method. We also reserve the right to refuse any order in the event of an abusive request, stock shortage, inappropriate or insulting behaviour, insolvency and/or payment method not accepted.
8. GIFT CARDS AND DISCOUNT CODES
8.1 We offer online gift cards for sale on our site. Your gift card will be sent to you by e-mail. You must print it out or send it by e-mail to the recipient of your choice. Gift Cards are offered at the fixed amounts indicated on our site.
8.2 Gift card validity period
Gift Cards are valid for 1 year from the date of issue and their period of validity cannot be extended.
8.3 The value of any Gift Card will be deducted from the total cost of your order. If you have money left over to spend on your gift card, this balance can be used on a future order. There is no minimum purchase amount and the gift card can be used for any purchase, including delivery costs.
8.4 Gift cards and/or discount codes must not be posted on consumer forums. They will be cancelled immediately.
8.5 Only one discount code, i.e. one promotional code or one promotional offer, may be used per order (but you may also use any gift card that you have purchased or that has been offered to you by a private individual).
8.6 When you use a Gift Card and/or Discount Code, you warrant to us that you are the duly authorised recipient of that Gift Card or Discount Code (as the case may be) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a Gift Card and/or Discount Code is being used contrary to these Terms of Sale, illegally or in bad faith, we may reject or cancel the Gift Card or Discount Code (as applicable).
8.7 If you have any problems using your Gift Card or a Discount Code, or if you have any questions, please contact us for assistance.
8.8 Any order for Products placed using a Gift Card or Discount Code will be governed by these Terms and Conditions of Sale.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you are satisfied with all your purchases. If, however, your Products do not meet your expectations, you may return them to us in accordance with the terms below or in accordance with your statutory rights.
9.2 Right of withdrawal and withdrawal period
You have a statutory 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 withdrawal period is fourteen (14) days. We extend this period to thirty (30) days from receipt of your order.
9.3 Conditions for exercising the right of withdrawal
The Products, particularly the helmets, must not have suffered any impact, must be in perfect condition and must be complete in their original packaging.
Helmets may have been tried on but not used, and may not have been dropped or impacted in any way.
Items returned out of their original packaging, incomplete, damaged or soiled will not be accepted.
Products returned unpackaged, new and undamaged may in 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. In addition, we may deduct from any refund (to which you may be entitled from us) the loss in value of the Products supplied.
9.4 Returning Products
Carefully open the packaging in which the Products are delivered and carefully replace them in their original packaging before returning them to us.
It is your responsibility to organise the return of the Products to us at the returns address. Products must be returned to us without undue delay and in any event no later than 14 days from the date of purchase. The return is at your own risk.
9.5 How do I return a product?
To exercise your right of withdrawal, you must inform us of your decision to cancel your contract with us, clearly indicating this by following the procedure below:
Contact Customer Services by email sav@bemojoo.com and specify the reasons for the return. We will reply and send you a returns slip.
Insert the returns slip into the parcel, making sure to include your email address, contact details and order number.
Make sure the parcel is properly sealed.
Attach the returns label to the parcel, completed to the address below.
Give the parcel to the carrier.
Return address
Be Mojoo - Just Mojoo - Returns
26 rue Saint-Denis
92100 Boulogne-Billancourt - France
If you do not follow this procedure, our Returns Department may have difficulty registering your parcel, or may even be unable to identify it and therefore process it.
In order to comply with this cancellation period, you simply need to send your message concerning the exercise of your right of cancellation before the expiry of the said cancellation period.
If you wish, you can use the standard cancellation form below.
Standard cancellation form
To: Just Mojoo @ SPACES - Customer feedback - 26 rue Saint-Denis - 92100 Boulogne-Billancourt - France
E-mail address: sav@bemojoo.com
I/We hereby inform you(*) that I/we cancel(*) the contract of sale for the following product(s)
Ordered on(*) / received on(*)
Name of customer(s),
Address of customer(s),
Customer's signature (only if this form is sent on paper)
Date
9.6. Receipt of the returned parcel and Refund
On receipt of the returned package by our Customer Service department, we will ensure that the return conditions have been met and will validate the refund of the order.
9.7 Return of defective products or products that do not conform to the description
As a consumer, you will always have legal rights in respect of Products that are defective or not as described.
The implementation of this guarantee will require you to comply with the terms and conditions specified in article 11.9 of the GCS.
If you exercise your right to return the Products because the Products are defective or because they did not conform to the description at the time of delivery or because you have a legal right to return the Products as a result of an error made by us after dispatch of the Products, the Products must be returned to us. You may organise their return yourself. In this case, the return will be free of charge to you.
No return, replacement or refund of Products will be accepted if the Products are used in conditions contrary to those specified in the instructions for use accompanying them.
No repair of the Product will be carried out.
9.8 Refunds
If you cancel your contract with us, we will refund all sums paid by you, including the initial delivery charges (it being understood that we reserve the right not to refund any additional charges due to you choosing a delivery method other than the cheapest standard delivery method offered by us).
If you exercise your right to return the products in accordance with articles 9.1 to 9.4, you will still be responsible for the necessary costs of returning the parcel (Art. L. 121-21-3 of the French Consumer Code). In the event of a partial cancellation of the order, the shipping costs remain the property of Be Mojoo.
In the event that you receive a product with a manufacturing defect or that does not correspond to your initial order, we will reimburse you for the price of the Products (including delivery) and the return costs are 100% at our expense.
9.9 Refund period and method of payment
We will make the refund without undue delay, and no later than fourteen (14) days after the day on which we receive the Products we have supplied to you.
We will make the refund using the same method of payment that you used for the original transaction. In all cases, this refund will be made at no cost to you.
10. RISK AND OWNERSHIP
10.1 Ownership of Products
Ownership of the Products is transferred to you once we have received payment in full of all sums due for the Products, including delivery charges.
10.2 Responsibility for the Products
The Products are your responsibility from the moment you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
11. LIABILITY, WARRANTY AND AFTER-SALES SERVICE
11.1 Conformity of Products with legislation
The products sold on our BeMojoo.com website comply with current French legislation and the standards applicable in France. We have a legal obligation to supply Products that comply with the contract that we enter into with you. You take note of the products and technical data under your sole responsibility to make your choice and order. You are therefore the sole judge and master of the compatibility that you intend to make in the context of their use.
11.2 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 shall not be liable to you for any loss of profit, loss of business, business interruption or loss of opportunity.
We cannot be held liable for the total or partial impossibility of using the product due to incompatibility of equipment, nor can it give rise to any right to compensation or reimbursement beyond the regulatory conditions of the right of withdrawal for distance purchases under the Consumer Code in force.
The accessories and products sold on BeMojoo.com (and in particular the Lumos helmets) are for the exclusive use of soft mobility (bicycles, scooters, skateboards, etc.) and not for use on motorised two-wheeled vehicles.
It is essential that you respect the highway safety code and be vigilant on the road about obstacles and vehicles around you. In the case of Lumos helmets with indicators, the user must also indicate his change of direction with his arm to ensure that other road users are aware of his change of direction.
We shall not be held liable if the Products are used in conditions contrary to those specified in the instructions for use accompanying them.
11.3 Breach of contract
If we breach any contract we have entered into with you, we shall be liable for any loss or damage suffered by you which is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we shall not be liable for loss or damage which is not foreseeable.
Loss or damage is foreseeable if it is an obvious consequence of any breach by us of these Terms and Conditions or if it is defined as such at the time the contract is entered into.
11.4 Our liability
The BeMojoo.com website cannot be held responsible for any direct or indirect damage that may occur 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 will be liable is limited to the price you paid for the Product to which the loss or damage you suffered relates.
11.5 No limitation of liability
We will not exclude or limit our liability for any of the following:
death or personal injury caused by our negligence ;
fraud or fraudulent misrepresentation;
liability imposed by the Consumer Rights Act 2015, the exclusion or limitation of the application of which is not permitted under section 31 of the Consumer Rights Act 2015 ;
and defective products under the Consumer Protection Act 1987.
11.6 Warranty period
All of our Products purchased online and professionally assembled, with invoice, are guaranteed for 24 months, as required by French and European legislation.
11.7 Assembly and use of the product
You must comply with the regulatory standards and the manufacturer's instructions regarding the assembly and use of the Products. We undertake to provide all the information available to us at the time of purchase to help you.
11.8 Warranty and Legal Rights
This does not in any way affect your rights under the law, and in particular the legal guarantee of conformity set out in articles L217-4 to L217-12 of the French Consumer Code, and the legal guarantee against hidden defects set out in articles 1641 to 1649 of the French Civil Code.
These two legal guarantees apply independently of any commercial guarantee provided by the product manufacturer.
11.8.1. Legal guarantee of product conformity
You benefit from the legal guarantee of product conformity (L217-4). We undertake to sell only products that comply with the standards and regulations in force within the European Union.
‘Legal guarantee of conformity’ (extract from the French Consumer Code)
Art. L. 217-4 ‘The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery. He shall also be liable for any defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility’.
Art. L 217-5 ‘Goods conform to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Art. L. 217-12 ‘Action resulting from a lack of conformity shall be barred after two years from delivery of the goods’.
11.8.2. Legal warranty against hidden defects
Under Articles 1641 et seq. of the French Civil Code, you benefit from the legal warranty against hidden defects resulting from a material, design or production defect affecting the products delivered and rendering them unfit for the use for which they were intended.
Under the terms of Article (L217-12), you have two years in which to assert your rights under the legal guarantee of conformity.
‘Warranty against hidden defects (extract from the French Civil Code)
- Art. 1641. ‘The seller is liable for any latent defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
- Art. 1648-1 ‘The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect’.
- Art 2232 of the Civil Code: ‘The postponement of the starting point, the suspension or interruption of prescription may not have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose. The first paragraph does not apply 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]. Nor does it apply to actions relating to the status of persons’.
11.8.3. Commercial manufacturer's warranty
You are covered by the manufacturer's commercial guarantee (L217-15) for the correct operation of the product. The guarantee applies from the day you receive the product. The manufacturer's commercial guarantee (L217-15) is for two years in accordance with the rules in force on the date of this sales contract.
The manufacturer's commercial guarantee (L217-15) is binding on the manufacturer as regards its application to the products delivered by our company. The manufacturer remains in full control of and decides on its implementation. The product under guarantee is, at the manufacturer's choice, exchanged or repaired.
In order to assert his rights, the Customer undertakes to return, if necessary, the product requiring warranty service.
In all cases, the ‘guarantee’ does not cover :
Replacement of consumables
Non-compliant use
Defects and consequences due to installation by an unqualified person
Defects and consequences due to use that does not comply with the use of the product prescribed by the manufacturer.
Manufacturer's commercial guarantee (Extracts from the French Consumer Code)
Art. L. 217-15. ‘The commercial guarantee refers to any contractual commitment made by a professional to a consumer with a view to reimbursing the purchase price, replacing or repairing the good or providing any other service in relation to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the guarantee, how it is to be implemented, its price, duration, territorial scope and the name and address of the guarantor.
It must also state clearly and precisely that, independently of the commercial guarantee, the seller remains liable for the legal guarantee of conformity referred to in articles L. 217-4 to L. 217-12 and the guarantee relating to defects in the item sold, under the conditions set out 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 French Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to rely on it.
Art. L. 217-16. ‘When the buyer asks the seller, during the term of the commercial warranty in the event that the purchaser, at the time of the purchase or repair of a movable asset, has been granted a commercial guarantee, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.
This period runs from the date of the purchaser's request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service’.
11.9 Terms and conditions for exercising guarantees
Register your product within 30 days to benefit from the warranty
Following your purchase of Lumos headphones, you must register your product on the manufacturer's website: https://app.lumoshelmet.com/warranty-registration, selecting ‘retail store’ as the place of purchase.
Details of how to register the warranty for your Lumos headphones on our website: https://bemojoo.com/pages/garantie-casque-bemojoo-comment-faire
You must register your product within 30 days of purchase.
Exercising your warranty
To exercise your warranty, contact the manufacturer directly, in particular Lumos in the case of luminous headphones.
If you have any problems, you can contact us by email: sav@BeMojoo.com, giving your contact details, your invoice/order number, the problems with your product and the reasons for your warranty claim. Ideally, add a video of the product with the problem.
As part of the guarantee, we suggest that you return your product to us. Postage costs will be covered in accordance with the law, whatever the chosen solution. We would like to make it clear here that you will be solely responsible for any carriage costs associated with returning the product under a commercial guarantee.
Once the product has been processed by our team, who will check in particular whether the product qualifies for 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, and the product cannot be repaired and cannot be exchanged for an identical or equivalent product, it will be reimbursed in the form of a credit note or refund. In all cases, Be Mojoo will propose the most appropriate 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 provided on the site, this return will be considered as a non-compliant return and will be treated as such. Similarly, all products returned without a returns number will be systematically treated as non-compliant returns. Customers are reminded that they are free to choose how to send their product and whether or not to take out insurance in the event of loss, theft or destruction of their parcel. We do not cover any of these costs and cannot be held responsible for the non-receipt of the Customer's parcel. Finally, you are responsible for the way in which the product is packaged, which must be done in such a way that the product can travel without risk of breakage or damage.
12. FORCE MAJEURE
12.1 We shall not be held liable in the event of non-performance or delay in performance of our obligations under a contract caused by force majeure events.
The following are expressly considered to be cases of force majeure or fortuitous events,
In addition to those usually accepted by the jurisprudence 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, etc.
total or partial strikes, lock-outs, confinement, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, pandemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fire, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks
and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
On the understanding that :
we will take all reasonable steps to avoid or minimise the non-performance or delay;
All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
In the event of non-performance of our obligations, we will refund to you all amounts paid by you to us.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law 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 contract concerned.
12.2 Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the party who has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
13. DISPUTE RESOLUTION
13.1 With our team
If you have a dispute with Be Mojoo concerning the contract we have entered into with you, please contact us in the first instance at the following email address: hello@BeMojoo.com and try to resolve the dispute with us informally.
You can also write to us at the following address:
Be Mojoo - Just Mojoo @ SPACES
26 rue Saint-Denis
92100 Boulogne-Billancourt - France
13.2 Consumer Mediator
In accordance with the provisions of the French Consumer Code (articles L.612-1, L.616-1 and R.616-1) concerning ‘the mediation process for consumer disputes’, we offer a free consumer mediation service and adhere to the Service du Médiateur du e-commerce (e-commerce mediation service) of CM2C, Centre de la Médiation de la Consommation de Conciliateurs de Justice.
This mediation service can be reached by :
By electronic means: By using the online service on the website, you fill in the form with your request, this is the quickest method https://www.cm2c.net/declarer-un-litige.php
By e-mail to: cm2c@cm2c.net
By post: 14 rue Saint Jean 75017 Paris
Extract from the Consumer Code
Art. L.612-1 ‘Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme.
The trader may set up his own consumer mediation scheme or offer the consumer recourse to any other consumer mediator meeting the requirements of this Title.
Where there is a consumer mediator whose remit extends to all businesses in a given area of economic activity, the trader shall always allow the consumer to have recourse to this mediator.
The terms and conditions under which the mediation process is implemented are specified by decree in the Conseil d'Etat.’
Art. L.616-1 and R.616-1 ‘Any trader shall inform the consumer, in accordance with the procedures laid down by decree by the Conseil d'Etat, of the contact details of the competent mediator or mediators to whom he is answerable. The trader is also obliged to provide this same information to the consumer, where a dispute has not been settled by means of a prior complaint made directly to the trader's services.’
13.3 Conditions for examination of the dispute by the Mediation officer
In accordance with article L 612-2 of the French Consumer Code, one of the preconditions for the examination of the dispute by the Union Sport et Cycle is as follows:
a) To be admissible, the consumer must have sent the professional a complaint in writing in accordance with the terms and conditions set out in his contract and not have received a reply or have received a reply which does not satisfy him.
b) The complaint must be less than one year old,
c) The customer's claim must not be manifestly unfounded or abusive,
d) The dispute must not have been examined or be pending before another body (conciliator, mediator, court, arbitrator, etc.) In the event of doubt, the Mediation officer will consult the Consumer and/or the professional, who must reply.
If any of these conditions are not met, the Consumer Ombudsman will inform the consumer that his request has been rejected within 3 weeks of receiving his file.
As soon as the documents accompanying the consumer's request have been received, and if the case is admissible, the mediator will notify both parties of his referral (by electronic means or simple letter) and remind them that they may withdraw from the process at any time.
If the parties so request, the mediator will disclose some or all of the documents in the case file.
In order to reach an agreement with the parties, the mediator may receive or hear them together or separately.
It should be noted that the mediator seeks the agreement of the parties and, through his or her expertise, promotes the emergence of an amicably agreed solution between them. To this end, he/she is the guarantor of their framework for discussion, exchange and communication.
13.4 European Commission online dispute resolution platform
In the unlikely event that we are unable to solve the dispute amicably, we would draw your attention to the fact that the European Union offers an online dispute resolution platform where EU consumers can report disputes arising from online purchases. Here is the link to the European Commission's dispute resolution platform.
14. INTELLECTUAL PROPERTY RIGHTS
Under no circumstances are you authorised to download or modify all or part of the Site, in particular its content (listed products, descriptions, images, videos, etc.).
Under no circumstances may this Site or any part of this Site be reproduced, copied, sold or exploited for commercial purposes without our express written authorisation and that of our suppliers.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site remain the full and complete property of BeMojoo.
The Customer is therefore bound to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the Products, where applicable, or register a trademark that would be prejudicial to the owner of the rights, unless otherwise stipulated in the contract.
The same applies to all other intellectual property rights.
15. DATA PROTECTION
In accordance with data protection regulations (RGPD: 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 relating to you. All requests should be sent by e-mail to: hello@bemojoo.com or by post to the following address:
Be Mojoo - Just Mojoo
26 rue Saint-Denis
92100 Boulogne-Billancourt - France
We need this information to process orders and issue invoices. We undertake not to use your confidential information for any purpose other than the operation of our Site.
In order to process the order correctly, the personal data collected is subject to computer processing; you acknowledge that you are 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 authorised by law for verification.
Out of concern for 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 solely for the purposes of establishing the service and sales on Be Mojoo (online or at events).
You can find the full Privacy Policy with details of how we use your data here.
16. AUTONOMY OF PROVISIONS
Each of the provisions of these Terms of Sale operates separately. If a court or other competent authority decides that one of the provisions of these Terms of Sale is illegal or unenforceable, the other provisions will remain in force.
17. UPDATING THESE TERMS OF SALE
We may modify or update these Conditions of Sale at any time for various reasons, in particular in the event of :
changes to the way our organisation operates ;
changes to the legal or regulatory requirements with which we must comply; or
changes to the methods of payment we accept. However, each of your orders for Products will be governed by the terms and conditions published on our site at the time of the order.
For all orders, the applicable conditions are those in force on the date of your order. These general terms and conditions of sale are permanently accessible at the following address: https://bemojoo.com/policies/terms-of-sale in a format that allows them to be printed and/or downloaded, so that you can reproduce or save them.
18. RIGHTS OF THIRD PARTIES
Any contract entered into between you and us is solely between you and us. No third party will have the right to rely on its terms.
19. ASSIGNMENT OF YOUR RIGHTS
We may assign our rights and obligations under the contract with you to another organisation and we will use all reasonable endeavours to notify you in writing if this occurs without affecting your rights or our obligations under the contract. We will use reasonable endeavours to notify you in writing if this occurs.
20. APPLICABLE LAW AND JURISDICTION
20.1 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 for the purchase of Products on our site and any dispute or action arising out of or in connection with it shall be governed by French law. Any dispute shall be subject to a prior attempt at amicable settlement.
20.2 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.
21. CONTACT
21.1 If we need to contact you or inform you of something in writing, we will do so by e-mail, text message or telephone.
21.2 If you have any questions about these Terms of Sale, please email us at hello@BeMojoo.com. We will be able to help you.
In order to ensure a quality and informative service at all stages of the sale, order, invoicing and after-sales service, you can contact us by email: hello@bemojoo.com.
22. EXCLUSIONS: B2B PURCHASES
22.1 The terms and conditions which 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 9 or the legal guarantee of conformity provided for in the Consumer Code, which is mentioned in Article 11.8 of these Terms and Conditions of Sale.
22.2 Notwithstanding the general rule set out in Article 20 above, the parties expressly agree that, with regard to B2B purchases, this contract shall be governed exclusively by French law and that, in the event of any dispute, the courts of Nanterre shall have sole jurisdiction.
