General Terms and Conditions of Sale (GTCS)
Article 1: Definitions :
The purpose of this clause is to define the various essential terms of the contract:
“Moba”: Brand owned by Batteries For People.
“Customer”: The person who purchases a product from the Moba site.
“User”: Any person who uses the certificate and equipment provided by Moba.
“Vehicle”: The vehicle whose traction battery the customer wishes to certify.
“Traction battery”: This is the accumulator used to supply the electrical energy necessary for the traction (or propulsion) of an electric vehicle. The traction battery will be referred to hereafter as the “battery”.
“Automobile manufacturer”: This refers to the company which has marketed the vehicle. Hereinafter referred to as the “manufacturer”.
“Certificate”: Paper and digital document specific to the vehicle and its battery at a given time.
“Indicators”: data and measurements provided in the certificate.
“Certification Kit”: Package sent to a customer to provide the material required to carry out the diagnosis of the battery to be certified. It includes: a tutorial and a stamped envelope, as well as a box and a vehicle-specific tool, both of which are to be returned to Batteries For People via the return envelope. Hereinafter referred to as the “Kit”.
“Box”: Device to be connected to the vehicle’s OBDII socket.
“Tool”: Utensil facilitating access to the vehicle’s OBDII socket.
“Adapter”: Utensil for connecting the Box to the vehicle’s OBDII socket.
“Return envelope”: Envelope with padded protection supplied in the Kit, stamped with Batterie For People’s address.
“Diagnosis”: Action enabling the indicators to be retrieved using the OBDII socket on the certified vehicle and the box loaned by Moba in the Kit.
Article 2: Purpose:
The purpose of the present “general conditions of use” is to provide a legal framework for the terms and conditions under which the Moba certificate services are made available and used by the “User”. The general conditions of use must be accepted by all Users wishing to certify their battery. They constitute the contract between Moba and the User. The purchase of the Kit by the User signifies acceptance of these general conditions of use.
Article 3: Validity of indicators :
The indicators taken into account to establish the certificate are those corresponding to the vehicle identified in the “Vehicle Identification” section, collected on the date the diagnosis is carried out by Moba’s technical team and/or equipment. These indicators may change over time.
Article 4 : Moba responsibility :
The indicators in this certificate are provided for information purposes only and do not in any way engage Moba’s responsibility. The indicators are measured and calculated by the vehicle’s on-board software – the property of the manufacturer. Moba transmits these indicators as they are in the certificate.
Article 5: User responsibility:
The user undertakes to carry out the diagnosis using the Kit supplied, in accordance with the conditions laid down by Moba. The user undertakes not to damage the box and the tool supplied in the kit, and to return it using the return envelope provided, within 7 days of carrying out the diagnosis, and within 30 days of receiving the Kit.
Article 6 : Payment operator :
All financial transactions between the customer and Moba are carried out via Stripe.
Article 7: Deadlines, indemnity and certificate dispatch:
Until proof of dispatch of the return envelope is provided to Moba, the certificate will not be sent to the customer. If the diagnosis is not carried out within 30 days of receipt of the Kit, Moba will not issue the certificate included in the Kit purchase. In the event of loss or deterioration of the material supplied in the Kit, declared by the customer or ascertained by Moba, or if the material is not returned to Moba within 30 days of receipt of the Kit, the customer will automatically be debited the sums due and an indemnity of 20 euros by the payment operator.
Article 8 : Right of withdrawal :
The customer may exercise his right of withdrawal within 14 days of purchase. In this case, the customer must return the entire kit to the shipping address indicated on the kit, at his/her own expense. Once the kit has been received by Moba, the customer will be reimbursed for the value of the kit, excluding shipping costs, i.e. 49 euros.
Article 9: Intellectual property :
Trademarks, logos, signs and any other diagnostic content are protected by the French Intellectual Property Code, and more specifically by copyright.
The User requests prior authorization from Moba for any reproduction, publication or copy of the various contents.
Article 10: User account
The creation of a user account on the www.get-moba.com website is not mandatory for the creation and delivery of the certificate. However, without a personal account, no paper or digital duplicates can be sent to the customer. In the case of a customer account, the user is free to access a digital version of his certificates at any time, free of charge, and/or to purchase a paper duplicate for delivery to his home address.
Article 11: Protection of personal data:
The information requested when registering on the site is necessary and obligatory for the creation of the User’s account. In particular, the e-mail address may be used by the site for the administration, management and animation of the service.
The site ensures that the User’s personal information is collected and processed with due respect for privacy, in accordance with the French Data Protection Act no. 78-17 of January 6, 1978. The site has been registered with the CNIL under number (number to come).
In accordance with articles 39 and 40 of the law dated January 6, 1978, the User has the right to access, rectify, delete and object to his or her personal data. The User may exercise this right by writing to BATTERIES FOR PEOPLE, 64 rue des archives, Paris 75003.
Consult Moba’s personal data privacy policy.