General Terms and Conditions of Sale (GTCS)
Article 1: Purpose
These general terms and conditions are intended to define the terms and conditions of sale of services offered to clients (“Clients or Client”) by Batteries For People (“Provider”) through the Provider’s website, the Provider’s mobile application, the equipment made available by the Provider, direct contact or paper support exchanges, the following services: Moba Certificate, Moba Check-up, and Moba Certify Pro (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the homepage of the website www.get-moba.com (“The Site”).
They apply, without restriction or reservation, to all Services provided by the Provider to Clients of the same category, regardless of any clauses that may appear on the Client’s documents, including its general terms and conditions of purchase.
Any order for Services implies, on the part of the Client, the acceptance of these General Terms and Conditions of Sale, the General Terms and Conditions of Use, and the Provider’s Specific Conditions.
They may be supplemented, if necessary, by specific sales conditions for certain Services. In case of contradiction, the specific conditions prevail over these general conditions.
In accordance with current regulations, the Provider reserves the right to deviate from certain clauses of these General Terms and Conditions of Sale, depending on negotiations conducted with the Client, by establishing Specific Sales Conditions.
Article 2: Operator of the Services
The Services are operated by the company BATTERIES FOR PEOPLE, a simplified joint-stock company with a capital of 1350 euros, registered with the RCS of Paris under number 314 503 996, whose registered office is located at 21 Place de la République, Paris 75003 (hereinafter: “Batteries For People”).
Batteries for People can be contacted at the following addresses:
Postal address: 21 Place de la République, Paris 75003
Email address: contact@get-moba.com
Article 3: Description of the Services
Moba Certificate, hereinafter (“The Certificate”):
The Certificate specifies, for each vehicle, the necessary indicators to determine the health status of the traction battery of that vehicle, in particular the “State of Health,” expressed as a percentage, calculated in accordance with the manufacturer’s standard. The indicators in the Certificate are provided for informational purposes only and do not in any way engage the responsibility of Batteries For People.
To obtain the Moba certificate for a compatible vehicle, it is necessary to perform the battery diagnosis as detailed in the Services. A complete standardized process, by electric vehicle model, is required for the measurement of the battery’s health status to be done under reference conditions. If this process is not followed, the Provider cannot guarantee the reliability and representativeness of the collected information, and by extension, the certificate.
The Certificate is accessible to individual customers through the Certification Kit, which allows individual users to perform their battery diagnosis themselves. This Certification Kit is marketed on the Site. The Certificate is a digital document (“Digital Certificate”), accessible via a unique URL and/or an access code. A printed version of the Certificate can be purchased as an option for customers who have purchased a Certification Kit.
The Digital Certificate represents the only document containing the current indicators. Any reproduction, printing, or distribution of a previous version of the Certificate cannot guarantee the accuracy of the indicators.
Moba Check-up, hereinafter (“The Check-up”):
The Check-up specifies, for each vehicle, the information necessary to determine the health status of the traction battery of that vehicle, in particular the “State of Health,” expressed as a percentage, calculated in accordance with the manufacturer’s standard. The indicators in the Check-up are provided for informational purposes only and do not in any way engage the responsibility of Batteries For People.
Obtaining the Check-up for a compatible vehicle does not require a complete standardized process. Therefore, the results in the Check-up, including the “State of Health” (“SOH”), may be less precise than in a Certificate.
The Check-up is only accessible to professional clients, users of the Moba Certify Pro service. The Check-up is a digital document (“Digital Check-up”), accessible via a unique URL and/or an access code.
The Digital Check-up represents the only document containing the current indicators. Any reproduction, printing, or distribution of a previous version of the Certificate cannot guarantee the accuracy of the indicators.
Moba Certify Pro:
The Moba Certify Pro solution, through the Moba Certify Pro mobile application and the Moba Connect Pro device, allows for the creation of Certificates or Check-ups. Moba Certify Pro is accompanied by a web interface (hereinafter, “The SaaS”) that allows for the consultation of the history of Certificates and Check-ups, access to detailed analyses, and user administration. To use Moba Certify Pro, a personal account must be created.
Other services:
At the request of professional clients, other services may be provided by the Provider, such as physical or digital user training, specific software development, or project management and consulting services.
Article 4: Acceptance of the General Conditions
Acceptance of these general conditions is materialized by checking a box during online payment for the subscribed Service, or after the establishment of an order form and express written acceptance of the Client’s order by the Provider, evidenced by an acknowledgment of receipt from the Provider and acceptance of the order form. This acceptance can only be full and complete. Any conditional adhesion is considered null and void. The User who does not accept these general conditions should not use the Services.
Article 5: Orders
5.1 Sales of Services are only final after payment on the Site or after the establishment of an order form and express written acceptance of the Client’s order by the Provider, evidenced by an acknowledgment of receipt from the Provider and acceptance of the order form.
The Provider has electronic ordering methods (including acceptance and confirmation) (site references) allowing Clients to order Services under the best conditions of convenience and speed. For orders placed exclusively online, the registration of an order on the Provider’s site is done when the Client accepts these General Terms and Conditions of Sale by checking the appropriate box and confirms their acceptance by making the payment. The Client has the opportunity to check the details of their order, the total price before confirming their acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of all these General Terms and Conditions of Sale and the Specific Conditions of the Order and constitutes evidence of the sales contract.
Acceptance of the order is confirmed by e-mail. The data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Customer.
5.2 Any modifications to the order requested by the Client will only be taken into account, to the extent possible for the Provider, if they are notified in writing at least two (2) days before the scheduled date for the provision of the ordered Services, after the Client signs a new order form and any adjustment to the price.
5.3 The Client may exercise their right of withdrawal within a maximum of fourteen (14) days after the purchase, and only if the ordered Services have not yet been used. In this case, the client is required, if necessary, to return the equipment and materials provided, at their expense, to the shipping address. Once the equipment and materials have been received by Moba, the Client will be refunded the value of the ordered Services, excluding shipping costs, by bank transfer to the account indicated by the Client. This refund will be made within fourteen (14) days from the receipt of the equipment and materials by Moba.
5.4 After this period of fourteen (14) days, it will no longer be possible for the Customer to benefit from any reimbursement.
Article 6: Terms and Conditions of Payment
6.1 Prices
The Services are provided at the Provider’s prices in effect on the date the order is placed, in accordance with the order form previously drawn up by the Provider and accepted by the Customer, as indicated in the “Orders” article above, or as indicated on the Site when the order is placed.
Unless otherwise stated, prices are expressed in euros and include all French taxes.
Batteries for People reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.
6.2 Price revision
The price of Services may be revised by Batteries for People at any time, at its sole discretion.
The User will be informed of such changes by Batteries for People by email at least 14 days before the new prices come into effect.
Users who do not accept the new prices must terminate their use of the Services in accordance with the terms of article 18. Failing this, the User will be deemed to have accepted the new prices.
6.3 Invoicing
Invoices for the Services will be sent to the User by any appropriate means.
6.4 Terms of payment
The terms of payment of the price of the Services are described on the site, or on any other medium provided by Batteries For People.
Payment is made by direct debit using the User’s credit card number, by bank transfer or by direct debit.
Direct debit by credit card is carried out by the payment service provider designated on the site, who alone retains the User’s bank details for this purpose. Batteries for People does not retain any credit card details.
The User guarantees Batteries for People that he/she has the necessary authorizations to use the chosen method of payment. The User undertakes to take the necessary steps to ensure that the price of the Services can be debited automatically.
6.5 Late payment and payment incidents
The User is hereby informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically entail, without prejudice to the provisions of article 12 and without prior formal notice:
(i) the acceleration of all sums owed by the User and their immediate payment;
(ii) immediate suspension of Services in progress until full payment of all sums due by the User;
(iii) the invoicing for the benefit of proof admitted between the parties, in particular for the calculation of sums due to Batteries for People of late payment interest at the rate of 100% of the legal interest rate, based on the amount of all sums due by the User.
6.6 Late payments and payment incidents
Except with the express, prior and written agreement of the Service Provider, and provided that the reciprocal receivables and debts are certain, liquid and due, no compensation may be validly effected by the Customer between any penalties for delay in the provision of the Services ordered or non-compliance with the order, on the one hand, and the sums paid by the Customer to the Service Provider for the purchase of said Services, on the other.
Article 7 : Commitment and renewal
The Professional Customer undertakes to pay the Service Provider for all the services subscribed to, for the entire period as defined in the corresponding duly signed order form.
Article 8: Delivery of Services
The Services ordered by the Customer will be provided within a maximum period of fourteen (14) days from receipt by the Service Provider of the corresponding order form, duly signed and accompanied by the required deposit, or from the registration of an order on the Service Provider’s website.
This period does not constitute a strict deadline, and the Service Provider shall not be liable to the Customer for any delay in the provision of Services not exceeding twenty-one (21) days. In the event of a delay of more than twenty-eight (28) days, the Customer may request the cancellation of the sale. Any advance payments already made will then be returned by the Service Provider.
The Service Provider may not be held liable in the event of delay or suspension of the provision of the Service attributable to the Customer, or in the event of force majeure.
Services will be provided at the address to which the products are sent, enabling the service to be implemented.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to conform to the order, in terms of quantity and quality.
The Customer shall have a period of fourteen (14) days from the provision of the Services in which to submit such reservations or claims, in writing, with all supporting documents, to the Service Provider. No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines. The Service Provider will reimburse or rectify the Customer (insofar as possible) as soon as possible and at its own expense, in accordance with the appropriate terms and conditions agreed by the Customer, the Services whose lack of conformity has been duly proven by the Customer.
In the event of a specific request by the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to specific additional invoicing, on the basis of a quotation accepted in advance by the Customer.
Special case of the Certification Kit: until the Customer provides the Service Provider with proof that the equipment has been returned, the Certificate will not be sent to the Customer. If the diagnosis is not carried out within 30 days of receipt of the Certification Kit by the Customer, the Service Provider will not issue the Certificate included in the purchase of the Certification Kit. In the event of loss or damage to the material or equipment supplied in the Certification Kit, declared by the Customer or ascertained by the Service Provider, or if the material is not returned to the Service Provider within 30 days of receipt of the Certification Kit, the Customer will automatically be debited the sums due and a flat-rate penalty of 80 euros excluding tax, by the payment operator.
Article 9: Liability of the Service Provider – Warranty
The Service Provider guarantees, in accordance with legal provisions, the Customer against any lack of conformity of the Services and any latent defect, resulting from a defect in the design or supply of the said Services, to the exclusion of any negligence or fault on the part of the Customer.
The Service Provider’s liability is limited to proven fault or negligence and to direct loss, to the exclusion of any indirect loss of any nature whatsoever.
In order to assert its rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Service Provider, in writing, of the existence of the defects within a maximum period of fourteen (14) days from their discovery.
The Service Provider will rectify or cause to be rectified, at its sole expense, the Services deemed to be defective, in accordance with the appropriate procedures approved by the Customer.
In any event, should the Service Provider be held liable, the Service Provider’s warranty shall be limited to the amount paid by the Customer for the provision of the Services, exclusive of VAT.
Article 10: Intellectual property rights
The Service Provider remains the owner of all intellectual property rights to the studies, drawings, models, prototypes, etc. produced (even at the Customer’s request) with a view to providing the services to the Customer. The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models, prototypes, etc., in any way.
Article 11: Personal data
Personal data collected from customers is processed by the Service Provider.
It is recorded in the Service Provider’s customer file and is essential for order processing. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as is necessary for the execution of orders and any applicable guarantees.
The data controller is the Service Provider. Access to personal data will be strictly limited to employees of the data controller, authorized to process such data by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Customer’s authorization being necessary.
In the course of performing their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Service Provider will not sell, rent, transfer or give access to third parties to data without the Customer’s prior consent, unless compelled to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data (for example, the external service provider’s adherence to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.
In accordance with the applicable regulations, the Customer has the right to access, rectify, delete and port data concerning him/her, as well as the right to object to the processing on legitimate grounds. These rights may be exercised by contacting the data controller at the following postal or e-mail address: contact@get-moba.com. In the event of a complaint, the Customer may lodge a complaint with the Commission Nationale de l’Informatique et des Libertés.
Batteries for People practices a personal data protection policy, the characteristics of which are explained in the document entitled “Privacy policy“, which the User is expressly invited to read on the site.
Article 12: Unforeseeability
The present General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the French Civil Code for all operations relating to the Supply of Services by the Service Provider to the Customer. The Service Provider and the Customer hereby waive the right to invoke the provisions of Article 1195 of the French Civil Code and the unforeseeable circumstances regime provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
However, if the change in circumstances unforeseeable at the time of conclusion of the contract is definitive or persists beyond 6 months, the present contract will be purely and simply cancelled in accordance with the terms defined in the article “Cancellation for unforeseeability”.
Article 13: Specific performance
Notwithstanding the provisions of article 1221 of the French Civil Code, the Parties agree that in the event of either Party failing to meet its obligations, the defaulting Party will not be entitled to enforce performance.
The defaulting Party may, in the event of non-performance of any of the obligations incumbent on the other Party, request termination of the contract in accordance with the terms and conditions set out in the article “Termination of the contract”.
Article 14: Performance of non-performance
However, if the impediment is definitive or persists for more than 30 days from the date of notification of the impediment by registered letter, the present contract will simply be terminated in accordance with the terms defined in the article Termination for failure by a party to fulfil its obligations.
Article 15: Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
The Party observing the event must immediately inform the other Party of its inability to perform and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties. Performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive, the present contract will be purely and simply terminated in accordance with the terms defined in the article “Termination for force majeure”.
Article 16: Termination of contract
In the event of a breach by one of the Parties of its obligations under the present General Terms and Conditions of Sale or the Special Terms and Conditions, the other Party may unilaterally terminate the present contract. Such termination must be preceded by a registered letter stating the reasons for the termination, sent at least fourteen (14) days prior to its execution.
In the event of termination of a contract for breach by the Customer of one of its material obligations, all other contracts which may have been concluded between the Customer and the Service Provider shall be automatically terminated by operation of law, with the same consequences for the Customer, except in the event of insolvency proceedings.
In any event, the injured party may apply to the courts for damages.
Upon termination of the contract, the Customer undertakes to return to the Service Provider all equipment made available by the Service Provider.
Article 17: Language of contract – Applicable law
The present General Terms and Conditions and the operations arising from them are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Article 18 : Customer acceptance
The present General Terms and Conditions of Sale are expressly agreed and accepted by the Customer, who declares and acknowledges that he has full knowledge thereof, and thereby waives the right to rely on any contradictory document, and in particular his own general terms and conditions of purchase, which shall not be enforceable against the Service Provider, even if he has knowledge thereof.
Article 19: Entry into force
These terms and conditions come into force on 10/10/2019.