Definitions
The following Terms and Conditions of Sale (hereinafter the T&Cs) are offered by the company SAS Binom Mobile, with a capital of €10,000, registered with the Montpellier Trade and Companies Register under number 892494733, whose registered office is located at 48 Rue Claude Balbastre, 34070 Montpellier (hereinafter "Binom").
For the purposes of these T&Cs, the following terms and expressions have the meanings set out below:
Seller: refers to the company Binom Mobile (hereinafter Binom)
Site: the website https://www.binom-mobile.com and all of its content (its pages).
Products: all the products available for purchase on the Site.
Client or Buyer: the internet user, whether a private individual or a professional, making a purchase of Product(s) on the Site.
Consumer: in accordance with the definition of the preliminary article of the French Consumer Code: "any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity."
The internet user visiting the Site and interested in the Products offered by the Seller Binom is invited to carefully read these T&Cs, print them, and/or save them on a durable medium before placing an order on the Site.
The Client acknowledges having read the T&Cs and fully accepts them without reservation.
Article 1: Scope of Application
The Seller, Binom, reserves the right to modify the General Terms and Conditions (GTC) at any time by publishing a new version on the Site. The GTC applicable to the Customer are those in effect on the day of their order on the Site.
The legal information regarding the hosting provider and the publisher of the Site can be found in the legal notices of the Site. The collection, protection, processing of personal data, and the rights related to these personal data are described in the Site’s Privacy Policy.
The Site offers the online sale of mobile phones adapted for seniors and people with disabilities, as well as their accessories.
The Site is freely and freely accessible to any Customer. The purchase of a Product implies the acceptance by the Customer of these GTC, and the Customer acknowledges having fully understood them. This acceptance may consist of the Customer ticking the box corresponding to the phrase accepting these GTC, with the mention "I acknowledge that I have read and accepted all the general conditions of the Site." Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.
Acceptance of these GTC requires the Customer to have the legal capacity to do so. If the Customer is a minor or lacks this legal capacity, they declare to have the authorization of a guardian, curator, or legal representative.
The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless proven otherwise, waives the right to challenge them in the event of a dispute.
The Seller provides the Customer, on its Site, with a privacy policy specifying all information related to the use of the Customer's personal data collected by the Publisher and the rights the Customer has regarding this personal data. The data privacy policy is part of the GTC. Therefore, acceptance of these GTC implies acceptance of the data privacy policy.
Article 2: Creation of a Customer Account
Creating a "customer account" is a prerequisite for any order by the Customer on this Site. To this end, the Customer will be asked to provide certain personal information such as their first name, last name, email address, postal address, and phone number, among others. The Customer undertakes to provide accurate information. The Customer is responsible for updating their data and must inform the Seller promptly in case of any changes. The Customer is solely responsible for the veracity, accuracy, and relevance of the information provided.
A Customer registered on the Site can access their account by logging in with their username (the email address used during registration) and password. The Customer is fully responsible for safeguarding the password they have chosen. They are encouraged to use complex passwords. In case of a forgotten password, the Customer can generate a new one. This password serves as the guarantee of confidentiality for the information contained in the "my account" section, and the Customer is prohibited from transmitting or sharing it with third parties. Otherwise, the Seller cannot be held responsible for unauthorized access to the Customer’s account.
The customer account allows the Customer to view all orders placed on the Site. If the data in the customer account section were to disappear due to a technical failure or force majeure event, the Seller’s liability cannot be engaged, as this information has no probative value and is solely for informational purposes. The pages related to the customer account can be freely printed by the Customer but do not constitute proof. They only serve as an informational tool to help manage the Customer’s orders or contributions.
Each Customer is free to close their account on the Site. To do so, they must send an email to Binom at: contact@binom-mobile.com, indicating that they wish to delete their account. No recovery of their data will be possible thereafter.
Binom reserves the exclusive right to delete the account of any Customer who has violated these terms and conditions (including, but not limited to, when the Customer has intentionally provided incorrect information during registration and the creation of their personal space) or any account inactive for at least one year. Such deletion will not constitute damage to the Customer, who will not be entitled to any compensation as a result. This exclusion does not preclude Binom from taking legal action against the Customer when the facts justify it.
Article 3: Order Subscription Modalities – Description of the Purchasing Process
The Products offered are those listed in the catalog published on the Site. These Products are available while stocks last. Each Product is accompanied by a description created by the Seller.
The photographs or videos of the Products in the catalog reflect a true representation of the Products offered but are not contractually binding, as they may not perfectly match the actual Products.
The term "Cart" refers to the intangible object grouping all the Products selected by the Customer on the Site for purchase by clicking on these items. To proceed with their order, the Customer selects the Product(s) they wish to order by adding them to their "Cart," the content of which can be modified at any time.
Once the Customer believes they have selected and added all the Products they wish to purchase to their cart, they will have the option to validate their order by accessing their cart via the button provided. They will then be redirected to a summary page that will display the quantity and characteristics of the ordered Products, as well as their unit price.
If the Customer wishes to validate their order, they must check the box regarding the acceptance of these General Terms and Conditions (CGV) and click on the validation button. The Customer will then be redirected to a page where they must complete the order form. On this page, they will need to provide certain personal data necessary for processing the order.
All orders placed on the Site must be completed correctly and must include the required information. The Customer can make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has completed the form, they will be invited to make the payment using the payment methods listed in the payment section of these CGV. After a few moments, the Customer will receive a confirmation email for the order, reminding them of the order details and its price.
The Products sold remain the property of the Seller until full payment of their price is received, in accordance with this retention of title clause.
Article 4: Prices and Payment Terms
Unless otherwise stated, the prices listed in the catalog are in Euros, inclusive of all taxes (VAT), taking into account the applicable VAT rate on the day of the order, and excluding any possible participation in processing and shipping fees.
Binom reserves the right to change its prices at any time and to pass on, if applicable, any changes in the VAT rate to the price of the Products offered on the Site. However, the price listed in the catalog on the day of the order will be the only price applicable to the Client.
The Client can place an order on this Site and must make payment by credit card (Visa, Mastercard). Credit card payments are processed through secure transactions provided by an online payment platform provider.
The Site does not have access to any data regarding the Client's payment methods. Payment is made directly between the Client and the bank or payment service provider handling the Client's payment.
Binom will archive order forms and invoices on a reliable and durable medium that constitutes a true copy. The computerized records will be considered by the parties as evidence of communications, orders, payments, and transactions that have occurred between the parties.
Article 5: Deliveries
Delivery fees will be indicated to the Client before payment and only apply to deliveries within mainland France. For any other delivery locations, the Client should contact customer service.
In the case of delivery of a Product outside the European Union and the French Overseas Territories (Dom-Tom), the Client acknowledges that they are the importer of the Product and agrees that in such cases, the Seller may be unable to provide an exact amount for customs duties, formalities, or import taxes applicable in the country where the Product is being delivered.
Unless otherwise specified on the Site during the order process or in the description of the Products ordered, the Seller agrees to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with the Consumer Client.
The Client may refuse a package upon delivery if they notice any anomalies concerning the delivery (damage, missing Products compared to the delivery note, damaged package, broken Products, etc.); any anomalies must be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise the right to refuse, the Client must open the damaged or defective package in the presence of the carrier and have the damaged goods returned. Failure to comply with these requirements will prevent the Client from exercising their right to refuse, and the Seller will not be required to accept the Client’s refusal.
If the Client's package is returned to the Seller by the post office or other postal service providers, the Seller will contact the Client upon receipt of the returned package to determine the next steps for the order. If the Client has mistakenly refused the package, they may request a resend by first paying the postal fees for the new shipment. Postal fees must be paid even for orders where shipping fees were initially waived.
In the event of a delivery error or exchange (if the right of withdrawal applies, meaning the Client is a Consumer and the contract for acquiring the Product allows withdrawal according to Article L.221-18 and following of the French Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client will not be attributable to the Seller.
Any delay in delivery beyond the date or timeframe indicated to the Consumer Client during their order, or if no date or deadline was specified during the order, exceeding thirty (30) days from the conclusion of the contract, may result in the termination of the sale at the initiative of the Consumer Client, upon written request via registered letter with acknowledgment of receipt. If, after requesting the Seller to carry out the delivery, the Seller does not comply, the Consumer Client will be refunded the total amount paid, at the latest within fourteen (14) days from the date the contract was canceled. This clause does not apply if the delivery delay is due to a case of force majeure.
Article 6: Right of Withdrawal and Form
In accordance with Article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) calendar days from the date of receipt of the Product of their order to withdraw. The Customer must return any Product that does not meet their satisfaction and request an exchange or refund without penalty, except for return shipping costs, within fourteen days from the receipt of the refund request by Binom.
The customer must return the product in a condition suitable for resale, in its original packaging, including all accessories, instructions, and documentation, along with the Binom withdrawal form (downloadable below).
It is understood that the customer will bear the return shipping costs in case of withdrawal.
If the above conditions are not met, the customer will lose their right of withdrawal, and the product will be returned to them at their expense.
It is recommended that the customer return the product via a method that allows tracking of the parcel. If not, and if the returned parcel does not reach the Seller, it will not be possible for the Seller to initiate an investigation with postal services to locate the parcel.
The refund will be processed using the same payment method the customer used for the initial transaction, unless expressly agreed otherwise by the customer, and provided that the refund incurs no fees for the customer.
Upon receipt of the product, Binom will process the refund within a maximum of 5 days.
If the products are depreciated due to handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the product(s), the customer’s responsibility may be engaged.
In accordance with Article L221-5 of the French Consumer Code ("Hamon Law") from June 2014, the Consumer Customer can find below a model withdrawal form for an order made on the site:
Article 7: warranty
7.1. Legal Warranty of Conformity
Under Articles L.217-4 and following of the French Consumer Code, the Seller is required to deliver a good that conforms to the contract made with the Consumer Client and is responsible for any conformity defects present at the time of delivery. The warranty of conformity can be exercised if a defect exists on the day the Client takes possession of the Product. However, if the defect appears within 24 months from this date, it is presumed to meet this condition. As per Article L.217-7 of the Consumer Code, "The Seller can challenge this presumption if it is incompatible with the nature of the [Product] or the defect of conformity invoked."
However, after this 24-month period, the Client must prove that the defect existed at the time the Product was received.
According to Article L.217-9 of the Consumer Code: "In the event of a conformity defect, the buyer may choose between repair and replacement of the good. However, the seller may not comply with the buyer's choice if that choice leads to a manifestly disproportionate cost in relation to the other option, considering the value of the good or the importance of the defect. The seller must then proceed, unless impossible, according to the option not chosen by the buyer."
7.2. Legal Warranty Against Hidden Defects
Under Articles 1641 to 1649 of the French Civil Code, the Client may request the exercise of the warranty against hidden defects if the defects were not apparent at the time of purchase, were present before the purchase (and therefore not due to normal wear and tear of the Product), and are sufficiently serious (the defect must either render the Product unsuitable for its intended use or diminish its use to the point where the buyer would not have purchased the Product or would not have bought it at such a price if they had known of the defect).
Claims, requests for exchange, or refunds for non-conforming Products must be made by postal mail or email to the addresses listed in the site’s legal notice.
In case of non-conformity of a delivered Product, it can be returned to the Seller who will proceed with an exchange. If exchanging the Product is not possible (e.g., product obsolescence, out of stock, etc.), the Client will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return shipping costs) will be borne by the Seller.
Article 8: Customer Service
The customer service of this Site is available by email at the following address: contact@binom-mobile.com or by postal mail at the address provided in the legal notices.
Binom also offers telephone support to assist its Clients with their inquiries. The telephone support can be reached by calling +33 (0)6 73 80 39 41 (non-premium rate number).
Article 9: Responsability
The Seller cannot be held responsible for the non-performance of the contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for indirect damages, including but not limited to loss of business, loss of profits, damages, or costs that may arise.
The choice and purchase of a Product are solely the responsibility of the Client. The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to compensation, reimbursement, or claims against the Seller, except in the case of proven hidden defects, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable according to Article L 221-18 and following of the Consumer Code.
The Client expressly agrees to use the Site at their own risk and under their exclusive responsibility. The Site provides the Client with information for reference purposes, with imperfections, errors, omissions, inaccuracies, and other ambiguities that may exist. In any case, Binom cannot be held responsible for:
• Any direct or indirect damage, including loss of profits, loss of earnings, loss of customers, or data loss that may result from the use of the Site or, conversely, the inability to use it; • Any malfunction, unavailability of access, misuse, incorrect configuration of the Client’s computer, or the use of an uncommon browser by the Client; • The content of advertisements and other external links or sources accessible to Clients from the Site.
The photographs and visuals of the Products displayed on the Site are non-contractual; the Seller's liability cannot be engaged if the characteristics of the Products differ from the visuals on the Site or if these visuals are incorrect or incomplete.
Article 10: Intellectual Property Rights
All elements of this Site belong to the Seller or are used by the Seller with the permission of their respective owners.
Any reproduction, representation, or adaptation of logos, textual, pictorial, or video content, including but not limited to this list, is strictly prohibited and considered counterfeiting.
Any Client found guilty of counterfeiting may have their account deleted without prior notice or compensation, and this deletion cannot be considered as damage, without prejudice to any potential legal action taken against them by the Seller.
The trademarks and logos displayed on the Site may be registered by Binom or possibly one of its partners. Anyone engaging in the representation, reproduction, embedding, distribution, or rebroadcasting of these items may face penalties under Articles L.713-2 and following of the Intellectual Property Code.
Article 11: Severability of Clauses
If any provision of these GTC is found to be illegal, null, or for any other reason unenforceable, that provision will be deemed severable from the GTC and will not affect the validity and enforceability of the remaining provisions.
These GTC replace all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sublicensable by the Client.
A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings related to the GTC. The parties agree that all correspondence related to these GTC must be written in French.
Article 12: Applicable Law - Jurisdiction
The present General Terms and Conditions of Sale (GTC) are governed by and subject to French law.
Unless otherwise required by public policy, any disputes arising in connection with the performance of these GTC may, before any legal action is taken, be submitted to the Publisher of the Site for an amicable resolution.
It is expressly stated that requests for amicable resolution do not suspend the deadlines for initiating legal actions. Unless otherwise stipulated by public policy, any legal action relating to the performance of these GTC must be submitted to the jurisdiction of the courts of the defendant's place of residence.
Consumer mediation:
According to Article L.612-1 of the Consumer Code, it is reminded that "every consumer has the right to resort free of charge to a consumer mediator for the amicable resolution of the dispute with a professional. To this end, the professional ensures the consumer has effective access to a consumer mediation system."
It is emphasized that mediation is not mandatory but is merely offered as a means to resolve disputes without resorting to legal action.