L'énergie du monde mobile.
The present General Conditions of Sale govern the commercial activity of CHARGEBOX FRANCE SARL, with a capital of 100000,00 euros, whose head office is located at 105 BD CHANZY 93100 MONTREUIL, registered at the RCS of BOBIGNY under the number 539946335 (the Salesman).
In accordance with the article L 441-6 of the French Commercial Code, the present general terms and conditions of sale (GTC) constitute the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which the Seller provides to professional or non-professional buyers (the Buyer or Buyers) the following products (Products):
- All of theProducts offered by the Seller
They also make it possible to define the conditions under which the Seller sells the following services (Services) :
- All of the Services offered by the Seller
The GTC apply without reserve or restriction to sales concluded between the Seller and the Buyers, whatever the stipulations that may appear in the general conditions of purchase possibly established by the Buyers.
Any order of Products implies the acceptance by the Buyer of the GTC and the General Terms of Use of the Seller's website for orders via the Seller's website.
The fact that the Seller does not avail itself of any clause contained in these GTC shall not be construed as a waiver of its right to do so at a later date.
Seller may agree with a Buyer to special terms and conditions of sale that deviate from these GTC.
These GTC are in force for an unlimited period of time, until any changes are made by the Seller.
2.1 - Methods of ordering
Orders may be placed by Buyers with the Seller by any means.
Orders must be confirmed in writing, by means of an order form duly signed by the Buyer.
Sales shall be final, even if made through representatives, sales agents or sales employees, only after Seller's express written acceptance of Buyer's order. This acceptance may be materialized by sending an e-mail, an SMS or a letter.
2.2 - Minimum amount
No minimum order amount is required by the Seller.
If the Buyer wishes to modify his order, his request can only be taken into consideration if it reaches the Vendor in writing before the Products are shipped and for the Services before the start date of the service determined by the Vendor.
The benefit of the order is granted to the Buyer only and cannot be transferred without the agreement of the Seller.
3.1 - Price details
The Products and Services are provided at the rates in effect on the day the order is placed or in the specific commercial proposal that may be sent to the Buyer. The prices are firm and non-revisable throughout their period of validity, as indicated by the Vendor.
The applicable VAT is the VAT in force on the day the order is placed; any change in the rate may be reflected in the price of the Products.
Any tax, duty or other service to be paid in application of French regulations or those of an importing country or a country of transit shall be borne by the Buyer. Prices are understood in Euros and do not include: taxes (excluding VAT), transport, insurance, customs fees.
3.2 - Discount
No discount will be applied by the Vendor in the event of payment of the Products ordered before the payment date shown on the invoice or within a period shorter than that provided for in the GTC.
Depending on the quantities ordered by the Buyer or delivered by the Seller at one time and in one place or on the regularity of the orders, the Buyer shall not be entitled to discounts and rebates on the prices charged by the Seller.
5.1 - Terms of payment
For all orders, the Buyer shall pay the price of the Products ordered by any means.
The price is payable in cash, in full, on the day of delivery of the Products, according to the terms defined in the Delivery article below.
5.2 - Late payment penalties
In the event of late payment by the Buyer, the Vendor may suspend all outstanding orders, without prejudice to any other course of action.
Any amount not paid by the due date set forth in these GTCs shall automatically, without formality or formal notice, result in the application of late payment penalties equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten points.
A fixed indemnity for collection costs of 40 euros shall also be due, automatically and without prior notice to the Buyer. The Seller reserves the right to ask the Buyer for an additional sum if the collection costs incurred are higher than this amount.
Le Vendeur n'acceptera aucune annulation de commandes de la part de l'Acheteur, quel qu’en soit le motif, sauf cas de force majeure.
The Seller will not accept any cancellation of orders from the Buyer, whatever the reason, except in case of force majeure.
8.1 - Delivery of products
Delivery times may differ depending on the Products ordered, and may be noted as an indication on the order form signed by the Buyer for each Product or category of Products. This period does not constitute a strict deadline and the Seller shall not be held responsible for any delay in delivery not exceeding 90 days. In the event of a delay of more than 90 days, Buyer may request termination of the sale and any deposits paid shall be returned by Seller.
The Vendor shall not be liable for any delay or suspension of delivery if such delay or suspension is attributable to the Buyer or to a case of force majeure.
8.2 - Performance of the Service
The services ordered by the Buyer will be performed at the Buyer's home. The time limits for the performance of these services are specified in an annexed document communicated to the Buyers and are specific to each Service.
The terms and conditions as to the place of performance of the Services ordered by Buyer may be specified in the purchase order or the Seller's catalog.
Within the framework of the warranty, the Seller authorizes the return of Products by the Buyer.
Packaging bearing the Seller's brand and/or name may only be used for the Products and under no circumstances for products that are not its own.
The same applies to trademarks and registered names, designs and models. The Buyer may not use these in any way without the express written agreement of the Seller.
The transfer of ownership is carried out after the payment of the totality of the sums due. In the case of a financial lease by a third party partner of ChargeBox France (LOCAM or other), the lessee has the possibility at the end of the lease contract to ask ChargeBox France to acquire the leased equipment for a fixed buy-back value. This request must be made by registered mail with acknowledgement of receipt within 3 months following the end of the rental contract signed with ChargeBox's third party partner.
12.1 - Warranty
The Purchasers benefit from the legal warranty of eviction and hidden defects.
The Products supplied by the Seller are guaranteed against any material or manufacturing defect for a period of 24 months as from their receipt by the Buyer. Seller's sole obligation under this warranty shall be, at its option, to replace or repair the Product or component found to be defective, unless such remedy is impossible or disproportionate. The Buyer shall not be entitled to any compensation in the event of immobilization of the Product in the context of the application of this warranty. The return of material made by the Purchasers shall be at their sole and exclusive material (packaging) and financial expense. The Purchasers will be entirely responsible for the perfect packing of the products guaranteeing their integrity. The Seller will be responsible for the delivery of the repaired or exchanged product to the Buyers.
The warranty does not apply to apparent defects, defects and deterioration caused by natural wear and tear due to normal use of the Product, by inappropriate use of the Product by the Buyer and users or for acts of vandalism on the Product. Nor does it apply to damage caused by events of force majeure, such as, but not limited to, bad weather, earthquakes, wars, fires, strikes...
No warranty shall apply in the absence of full payment of the amounts owed by the Buyer to the Vendor.
12.2 - Limitation of liability
The Vendor's liability may only be incurred in the event of gross negligence, intentional or malicious intent. In all other cases, the Vendor's liability may never be sought or incurred by the Buyers.
The Purchasers guarantee and indemnify the possible actions in responsibility against the Seller by third parties to the contract.
In any event, the liability of the Seller, if incurred, shall not exceed the value of the Products covered by the contract entered into with the Buyer.
For equipment with a maintenance option, this option includes all parts, labor and travel expenses. For WELCOM and WELCOM PLUS products, maintenance is done by standard exchange of the stainless steel head. The invoicing of the costs is done on an annual basis and is due 3o days after the end of the first month of the year considered.
This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts shall have exclusive jurisdiction. Any dispute encountered with a Buyer, on the interpretation and execution of the present General Conditions, not settled amicably, will be brought before the Commercial Court of Paris.
CHARGEBOX France is a sales and service company that provides, on behalf of its customers, the rental, maintenance, and sale of battery charging equipment for smartphones and other electronic devices (hereinafter "the Equipment").
The contractual documents binding CHARGEBOX France and the Taker (hereinafter the "Customer"), subject to acceptance by CHARGEBOX France, are the Quotation or the Special Conditions as well as the present General Conditions (together the "Contract").
1.1 The present General Conditions are considered accepted in full and without reserve by the Customer when signing the Particular Conditions or the Quotation, which have been previously proposed to him by CHARGEBOX France.
1.2 The present General Conditions prevail over all other conditions or Contracts of the Customer, except prior, express and written acceptance of CHARGEBOX France, and subject to the particular Conditions or the Quotation.
2.1 The Service Contract comes into force from the date of signature of the present contract or from the date of acceptance of the estimate by the customer, or from the date of purchase of the equipment on which the after-sales service is attached when the estimate or the purchase contract clearly mentions the presence of one of the after-sales services in addition to the purchase of the equipment by the customer.
2.2 The contract is concluded for a fixed period mentioned in the Special Conditions or the Quotation. This term is renewable by tacit agreement for a period of the same duration, unless terminated by either party by registered mail with acknowledgment of receipt three (3) months before the anniversary date of the Contract.
3.1 In the event of a breach of contract by either Party, either Party may terminate the Agreement after sending a formal notice that has remained without effect for twenty (20) days from its receipt.
4.1 The Customer undertakes to keep the Equipment throughout the term of the Agreement and to take the necessary care of it.
4.2 Throughout the duration of the Contract, the Customer also undertakes to maintain the Equipment in good working order, and to ensure that it is used in accordance with its intended purpose, with the use normally expected of equipment of this nature, and to take note of CHARGEBOX France's specifications and recommendations, and in particular of its Instructions for Use and its Maintenance Instructions.
4.3 The Equipment is in a fixed location, in order to avoid multiple manipulations, movements or changes of location which could be harmful to it. The Equipment shall not be placed in contact with water or stored in a humid area (except for the LIBERTY model).
4.4 The Customer undertakes not to proceed to any alteration, modification or repair of the Equipment, without prior, express and written authorization from CHARGEBOX France.
5-year warranty extension (2 + 3 years)
This service allows for the repair of equipment with defects attributable to the various components or to the manufacture of ChargeBox France. This service includes :
- the cost of all the parts needed for the repair,
- the cost of all the labor required for the repair,
- the assumption of all transportation costs of the equipment to the Customer's premises (at the same place as the Customer's place of shipment),
- the standard exchange of the equipment, if necessary.
This service excludes deterioration or malfunctions due to use and therefore wear and tear.
This service does not cover the cost of shipping the equipment to the ChargeBox workshop.
This warranty is in addition to the legal warranty and covers a period of 5 years from the date of purchase of the equipment covered by the warranty.
Shared maintenance
This service allows for the repair of equipment with defects caused by any cause:
- attributable to the various components or to the manufacture of ChargeBox France
- attributable to the use of the equipment and therefore to wear and tear.
This service includes :
- the purchase of all the parts needed for the repair,
- ChargeBox specialists trained in remote assistance to assist the Customer in analyzing, replacing and restoring the equipment,
- payment of all shipping costs for the parts required to restore the equipment to working order,
- paying, if necessary, all the costs of returning the defective parts to the ChargeBox France workshops.
The Customer undertakes, upon ChargeBox France's request, to proceed, at ChargeBox France's expense, to the shipment of the defective parts to ChargeBox France's workshops.
Shared maintenance procedure: The technical teams of CHARGEBOX France must be in relation with a referent and a delegated referent defined for each site within the technical teams of the Customer. The names, functions and contact information will be communicated to CHARGEBOX France at the latest at the time of the delivery of the Equipment. The requests for assistance must be exclusively made by e-mail to the address: support.technique@chargebox.fr.
5.3 Maintenance on site
This service allows the repair of the material presenting defects caused by all causes:
- attributable to the various components or to the manufacture of ChargeBox France
- attributable to the use of the equipment and therefore to wear and tear.
This service includes :
- the purchase of all parts necessary for the repair
- the cost of labor and travel to the Customer's site within a radius of 200 km from Paris and Nice, up to a limit of 3 (three) visits per year per Customer.
The following are excluded from these three services: all repair, assistance and standard exchange operations resulting from voluntary damage (vandalism). Will be considered as acts of vandalism the deteriorations listed hereafter: torn or cut power cords, LCD screens and touch screens scratched, damaged or broken, locking mechanisms of lockers or USB hub obstructed, (matches, chewing gum, ...), mechanism forced, scratches, dents and any other damage that can be attributed to malicious acts.
The Customer accepts expressly the tariffs fixed by the Company CHARGEBOX France and mentioned in the particular Conditions or in the Quotation.
7.1 The services are the object of invoices issued annually at the beginning of the contract, then at the anniversary date of the contract signature. The payment of the services is made by bank check or bank transfer to the coordinates mentioned on the Quotation or the Particular Conditions. The invoices issued by CHARGEBOX France must be paid by the Customer within thirty (30) days following their reception.
7.2 Any payment intervening after the due date indicated on the corresponding invoice will give place, after formal demand of the Customer remained without effect fifteen (15) days as from its reception, to the payment of penalties of delay equal to 6 % of the total amount of the invoice for the period running from the due date until the effective payment of the debt, in accordance with the article 1231-6 of the Civil code.
7.3 In case of delay of payment, CHARGEBOX France reserves the possibility to terminate by right the maintenance service and associated services. The Customer will be moreover indebted by right of a fixed indemnity for expenses of recovery fixed at forty (40) euros, in accordance with the articles L. 441-6 and D. 441-5 of the Code of Commerce, as well as the amount of the rents which would have been due until the term of the Contract mentioned in the Particular Conditions or in the Quotation.
8.1 Each Party shall be liable by operation of law in the event of a breach of its contractual obligations, in accordance with Articles 1217 and 1231 et seq. of the Civil Code.
8.2 The Parties shall not be liable if the improper performance of the Contract, the non-performance of the Contract or a delay in the performance thereof is due to a case of force majeure, in accordance with Articles 1218, 1351 and 1351-1 of the Civil Code.
9.1 If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such by virtue of legislative or regulatory provisions or following a final decision by a court, the other stipulations shall retain all their force and scope.
9.2 Any dispute with a professional or commercial co-contractor concerning the interpretation and performance of this Agreement that is not settled amicably shall be brought before the Commercial Court of Paris.
CHARGEBOX France is a sales and service company that provides, on behalf of its customers, the rental, maintenance, and sale of battery recharging equipment for smartphones and other electronic devices (hereinafter "the Equipment"). The present General Conditions define the conditions under which CHARGEBOX France rents the Equipment to the lessees having previously proceeded to the acceptance of a Quotation or to the subscription of Special Conditions or the transmission of an Order Form.
The contractual documents binding CHARGEBOX France and the lessee (hereinafter the "Customer"), subject to acceptance by CHARGEBOX France, are the Quotation or the Special Conditions or the Order Form as well as the present General Conditions (together the "Contract").
1.1 The present General Conditions are deemed accepted in full and without reserve by the Customer when the Quotation or the Order Form or the Special Conditions are accepted or when the Order Form is transmitted by the Customer.
1.2 The present General Conditions prevail on all other conditions or contracts of the Customer, except prior, express and written acceptance of CHARGEBOX France, and subject to the particular Conditions or the Quotation or the Order Form of the Customer.
1.3 Any Contract gives rise by the Customer to the payment of a deposit, the amount of which is specified in the Quotation or in the Particular Conditions or in the Order Form, at the day of the acceptance of the Contract by the Customer.
2.1 The Agreement shall come into force as of the date of receipt of the equipment by the Customer.
2.2 It is concluded for a specific period mentioned in the Quotation or in the Special Conditions or on the Customer's Order Form.
In the case of a contract with a duration of more than 12 months, this duration is renewable by tacit agreement for a period of the same duration, unless terminated by either party by registered mail with acknowledgement of receipt six (6) months before the anniversary date of the Contract.
In the event of a breach of contract by either Party, either Party may terminate the Contract after sending a formal notice which has remained without effect for twenty (45) days from its receipt.
4.1 The Equipment consists of a structure equipped or not with a charging cable. The type of Equipment to be rented is specified in the Quotation or in the Special Conditions or on the Order Form. For the equipments equipped with a key lock, or with a code lock for the opening of the lockers in case of loss of the key or forgetting of the code of closing of the locker, a duplicate of the keys or an encrypted digital key allowing the opening of the lockers is given to the Customer, who commits himself to keep them in a secured place; CHARGEBOX France does not possess any other duplicate, copy of the encrypted digital key nor pass allowing the opening.
4.2 Instructions of use and/or maintenance instructions are given to the Customer when the Equipment is delivered.
4.3 The Customer may decide to personalize the Hardware by placing advertisements on the reserved spaces. In this case, CHARGEBOX France will invoice the Customer for the personalization, according to the Quotation made or to the particular Conditions subscribed or to the Order Form, and according to the provisions of articles 10 and 11 hereof. The Customer will be able to personalize himself the Equipment.
5.1 The Equipment is delivered by CHARGEBOX France at the place and the date agreed in the signed Quotation or the particular Conditions subscribed by the Customer or according to the information communicated on the Purchase Order. The delivery conditions can be modified at any time after agreement between the parties.
5.2 The Material shall be handed over to the Customer against a document entitled "Material Receipt Report", or against the signature of the carrier's delivery note. These receipt documents must be completed and signed by the Customer upon delivery, who may express reservations if the Material delivered is damaged. The installation of the Material at the place of delivery is carried out by CHARGEBOX France under the only and unique responsibility of the Customer, who will decide in particular of its location. In case of reception of damaged material and in the absence of indication of the customer or of reserves on the receipt form, CHARGEBOX will be released from any responsibility as well as its carrier.
5.3 The delivery times can differ according to the ordered Products, they can be noted as an indication by CHARGEBOX France for each Product or category of Products. This delay does not constitute a strict deadline and CHARGEBOX France cannot be held responsible in case of a delay in delivery not exceeding 120 days. In the case of a delay superior to 120 days, the customer will be able to ask CHARGEBOX France the possibility of the cancellation of the contract.
The responsibility of the Seller can never be engaged in case of delay or suspension of the delivery if this one is attributable to the Buyer or to a case of force majeure, pandemic or others.
If no information on the nature, duration and price is specified in the Quotation or in the Special Conditions or in the Order Form, the Customer will not be able to take advantage of the existence of the services presented below.
6.1 CHARGEBOX France commits itself to implement all the necessary means for the good realization of the Contract, and to provide the Customer with a Hardware in perfect working order. The expenses of maintenance and upkeep of the Equipment as well as the possible expenses relative to the replacement of parts, realized within the framework of a normal use and in good father of family of the Equipment, are included in the Contract.
6.2 In case of breakdown of the Hardware, the Customer will inform CHARGEBOX France without delay, at the coordinates mentioned on the documents Instructions of use and Maintenance instructions, and commits himself to allow immediately the access to the Hardware to CHARGEBOX France.
6.3 Throughout the rental period, the Customer benefits from special maintenance and associated services, namely
- on-site maintenance: any intervention within seventy-two (72) working hours in the event of total and proven non-functioning of the equipment according to a procedure described below,
- supply of wearing parts related to the use of the Equipment (cords, locks, hubs, screens),
- telephone support,
- preventive remote maintenance* (for equipment equipped with this technology)
- reimbursement for new smartphones damaged or stolen while using the Equipment. Theft is covered exclusively for equipment with secure lockers with electronic locking systems. The claimant must produce a theft report and the purchase invoice for the smartphone,
- Activity reporting*,
- secure traceability of all uses* (serial number, brand, time, date, locker number, etc.),
- updating of the four (4) software programs installed on the hardware,
- provision of the license rights for advertising use of the Equipment.
6.4 Maintenance
CHARGEBOX France teams commit themselves to intervene on site within 72 working hours in case of total and proven non-functioning of the Equipment according to the procedure described below. The 72 working hours will be counted at D+1 date of reception of the intervention request by e-mail. The request for intervention by e-mail being perfectly qualified to allow the intervention.
Maintenance procedure: CHARGEBOX France technical teams must be in relation with a referent and a delegated referent defined for each site within the Customer's technical teams. The names, functions and contact details are communicated to CHARGEBOX France at the latest at the time of the delivery of the Equipment. The requests of intervention must be exclusively made by e-mail to the address: support.technique@chargebox.fr. A coordination between the referent and the technicians of CHARGEBOX France is established in order to qualify precisely the incident and the necessary intervention. Consequently, CHARGEBOX France may ask the referent or the delegated referent to carry out some technical manipulations. These manipulations can be, according to the cases: disconnection and reconnection of the electric power, verification and replacement if necessary of the SD LCD screen card and of the micro SD card of the PC, replacement of a lock, replacement of cables.
For the equipments equipped with key, concerning the loss of key by the Customer, CHARGEBOX France will send by mail the necessary material to change the lock as well as a set of key.
The maintenance includes all the costs of displacement, labor and spare parts as well as the supplies necessary to the repair and the putting back in service. This maintenance also includes all parts related to wear and tear of the Equipment.
This maintenance will be carried out exclusively under the control of CHARGEBOX France or of any other provider of its choice.
Are excluded from the maintenance all the operations of repair, repair and standard exchange consecutive to actions of voluntary degradations (vandalism).
Will be considered as acts of vandalism the deteriorations, hereafter, repeated in the same place (several cords, several screens): torn or cut power cords, scratched, deteriorated or broken LCD screens and touch screens, obstructed locker closing mechanisms (matches, chewing gum, ...).
The Customer accepts expressly the rates fixed by the Company CHARGEBOX France and mentioned in the Quotation or in the Particular Conditions or on the Order Form.
The Customer also expressly accepts the tariffs hereafter, fixed by the Company CHARGEBOX France, these applying in particular in case of degradation, voluntary or not, of loss or theft of the Equipment.
8.1 The sums due under the contract are immediately payable after the presentation of the invoice.
8.2 The sums due under the contract for associated services including maintenance or the contract with maintenance option are due upon delivery of the Equipment to the address communicated by the Client. The rental payments due by the Customer under the Contract shall be the subject of invoices issued annually and shall be due on the 30th of the first month of each annual instalment. The payment of the services is made by bank check or bank transfer to the coordinates mentioned on the Quotation or the Particular Conditions or on the Order Form. The invoices issued by CHARGEBOX France must be paid by the Customer as soon as he receives them.
8.3 Any payment intervening after the due date indicated on the corresponding invoice will give place, after formal demand of the Customer remained without effect fifteen (15) days as from its reception, to the payment of penalties of delay equal to 6 % of the total amount of the invoice for the period running from the due date until the effective payment of the debt, in accordance with the article 1231-6 of the Civil code.
8.4 4 In case of delay of payment, CHARGEBOX France reserves the possibility to terminate the Contract and to ask for the return of the rented Equipment from the Customer, without prejudice of any other action. The latter will also be liable to pay a fixed indemnity for collection costs set at forty (40) euros, in accordance with articles L. 441-6 and D. 441-5 of the Commercial Code, as well as the amount of the rents which would have been due until the end of the contract mentioned in the Quotation or the Particular Conditions or the Order Form.
Transfer of ownership. The transfer of ownership is carried out after the payment of the totality of the sums due. In the case of a financial lease by a third party partner of ChargeBox France (LOCAM or other), the lessee has the possibility at the end of the lease contract to ask ChargeBox France to acquire the leased equipment for a fixed repurchase value of 15 €. This request must be made by registered mail with acknowledgment of receipt within 3 months of the end of the rental contract.
10.1 The verbal and semi-figurative French and Community trademarks CHARGEBOX and CHARGEBOX FRANCE are the exclusive property of the Company CHARGEBOX LIMITED. CHARGEBOX LIMITED is also the owner of drawings and models as well as French and Community patents. A license of exploitation of all the trademarks, designs and models and French and Community patents has been granted by the Company CHARGEBOX LIMITED to the Company CHARGEBOX France. The French and Community verbal and semi-figurative trademarks ChargePRO and WELCOM are the exclusive property of the Company CHARGEBOX FRANCE. The Company CHARGEBOX FRANCE is also the owner of French and Community drawings and models.
10.2 CHARGEBOX FRANCE authorizes the Customer to use the brands as well as the drawings and models mentioned under the present article, during all the duration of the Contract and in accordance with the conditions mentioned in the Quotation or in the Particular Conditions or in the Order Form. This right of use is granted to the Customer in order to increase the notoriety of the CHARGEBOX France Service. Thus, the Customer may use the Equipment as an advertising medium either for its own brand or for that of an advertiser of its choice.
10.3 The Customer expressly authorizes CHARGEBOX France to use any visual, and in particular the photographs, of its Equipment personalized with the brands, logos and colors of the Customer or of an advertiser chosen by the latter.
11.1 Each Party shall be liable by operation of law in the event of a breach of its contractual obligations, in accordance with Articles 1217 and 1231 et seq. of the Civil Code.
11.2 The Parties shall not be liable if the improper performance of the Contract, the non-performance of the Contract or a delay in the performance of the Contract is due to a case of force majeure, in accordance with Articles 1218, 1351 and 1351-1 of the Civil Code.
12.1 If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such by virtue of legislative or regulatory provisions or following a final decision by a court, the other stipulations shall retain all their force and scope.
12.2 Any dispute with a professional or commercial co-contractor concerning the interpretation and performance of this Agreement that is not settled amicably shall be brought before the Commercial Court of Paris.
CHARGEBOX France is a sales and service company that provides, on behalf of its customers, the rental, maintenance, and sale of battery recharging equipment for smartphones and other electronic devices (hereinafter "the Equipment"). The present General Conditions define the conditions under which CHARGEBOX France rents the Equipment to the lessees having previously proceeded to the acceptance of a Quotation or to the subscription of Special Conditions.
The contractual documents binding CHARGEBOX France and the lessee (hereinafter the "Customer"), subject to acceptance by CHARGEBOX France, are the Quotation or the Special Conditions as well as the present General Conditions (together the "Contract").
1.1 The present General Conditions are considered accepted in full and without reserve by the Customer when signing the Particular Conditions or the Quotation, which have been previously proposed to him by CHARGEBOX France.
1.2 The present General Conditions prevail over all other conditions or Contracts of the Customer, except prior, express and written acceptance of CHARGEBOX France, and subject to the particular Conditions or the Quotation.
2.1 The Service Agreement comes into force from the date of signature of the present contract.
2.2 The contract is concluded for a fixed duration mentioned in the Special Conditions or the Quotation. This term is renewable by tacit agreement for a period of the same duration, unless terminated by either party by registered mail with acknowledgment of receipt six (6) months before the anniversary date of the Contract.
In the event of a breach of contract by either party, either party may terminate the Contract after sending a formal notice which has remained without effect for twenty (20) days from its receipt.
4.1 The Customer undertakes to keep the Equipment throughout the term of the Agreement and to take the necessary care of it.
4.2 During the whole duration of the Contract, the Customer also commits himself to maintain the Equipment in good working order, and to use it according to its destination, to the use normally expected from an equipment of this nature and to take note of the specifications and recommendations of CHARGEBOX France, and in particular of its Instructions of use and its Instructions of maintenance.
4.3 The Equipment shall be placed in a fixed location in full view of the public, in such a way as to avoid multiple manipulations, movements or changes of location which could be harmful to it. The Material may not be brought into contact with water or stored in a damp place.
4.4 The Customer commits himself not to proceed to any alteration, modification or repair of the Equipment, without prior, express and written authorization of CHARGEBOX France.
5.1 CHARGEBOX France commits itself to implement all the necessary means for the good realization of the Contract, and to supply the Customer with a Hardware in perfect working order. The expenses of maintenance and upkeep of the Equipment as well as the possible expenses relative to the replacement of parts, realized within the framework of a normal use and in good father of family of the Equipment, are included in the Contract.
5.2 In case of breakdown of the Hardware, the Customer will inform CHARGEBOX France without delay, at the address mentioned on the documents "Instructions for use" and "Maintenance instructions", and will commit himself to allow CHARGEBOX France to have access to the Hardware immediately.
In case of breakdown of the Hardware resulting from an inherent defect or from a case of force majeure, CHARGEBOX France commits itself to repair or to exchange the defective Hardware for an identical Hardware or, if this one is not available or marketed any more, an equivalent Hardware having similar technical characteristics.
In case of breakdown or degradation, voluntary or not, of the Hardware not resulting from an inherent defect or from a case of force majeure, the expenses of repair will be invoiced by CHARGEBOX France to the Customer, and this according to the rates in force practiced by CHARGEBOX France at the day of the degradation or the breakdown.
5.3 During all the duration of the contract, the Customer benefits from a particular maintenance and from associated services, namely
- on-site maintenance any intervention within seventy-two (72) working hours in case of total and proven non-functioning of the station following a procedure described below,
- replacement of wearing parts related to the use of the Equipment (cords, locks, hubs, screens),
- telephone support,
- preventive remote maintenance,
- Reimbursement for new smartphones damaged or stolen during the use of the Equipment (the applicant must produce a complaint for theft as well as the purchase invoice for the smartphone),
- activity reporting*,
- secure traceability of all uses* (serial number, brand, time, date, locker number, etc.),
- update of the four (4) software programs installed on the equipment,
- provision of the license rights for advertising use of the Equipment.
5.4 Maintenance
CHARGEBOX France teams commit themselves to intervene on site within 72 working hours in case of total and proven non-functioning of the Equipment according to the procedure described below. The 72 working hours will be counted at D+1 date of reception of the intervention request by email. The request for intervention by email being perfectly qualified to allow the intervention.
Maintenance procedure: CHARGEBOX France technical teams must be in relation with a referent and a delegated referent defined by each site within the Customer's technical teams. The names, functions and contact details are communicated to CHARGEBOX France at the latest at the time of the delivery of the Equipment. The requests for intervention must be exclusively made by e-mail to the address: support.technique@chargebox.fr. A coordination between the referent and the technicians of CHARGEBOX France is established in order to qualify precisely the incident and the necessary intervention. Consequently, CHARGEBOX France may ask the referent or the delegated referent to carry out some technical manipulations. These manipulations can be according to the cases: electric disconnection and reconnection, verification and replacement if necessary of the SD card LCD screen and the micro SD card of the PC, disassembling of the mechanism of lock, replacement of cables.
Concerning the loss of the key by the Customer, CHARGEBOX France will send by mail the necessary material to change the lock as well as a set of keys.
The maintenance includes all the costs of displacement, labor and spare parts as well as the supplies necessary to the repair and the putting back in service. This maintenance also includes all parts related to wear and tear of the Equipment.
This maintenance will be carried out exclusively under the control of CHARGEBOX France or of any other provider of its choice.
Are excluded from the maintenance all the operations of repair, repair and standard exchange consecutive to actions of voluntary degradations (vandalism).
Will be considered as acts of vandalism the deteriorations, hereafter, repeated in the same place (several cords, several screens): torn or cut power cords, scratched, deteriorated or broken LCD screens and touch screens, obstructed locker closing mechanisms (matches, chewing gum, ...).
The Customer expressly accepts the rates fixed by the Company CHARGEBOX France and mentioned in the Special Conditions or in the Quotation.
CHARGEBOX France is a sales and service company that provides, on behalf of its clients, the rental, maintenance, and sale of battery charging equipment for smartphones and other electronic devices (hereinafter "the Equipment"). The present General Conditions define the conditions under which CHARGEBOX France rents the Equipment to the lessees having previously proceeded to the acceptance of a Quotation or to the subscription of Special Conditions or the transmission of an Order Form.
The contractual documents binding CHARGEBOX France and the lessee (hereinafter the "Customer"), subject to acceptance by CHARGEBOX France, are the Quotation or the Special Conditions or the Order Form as well as the present General Conditions (together the "Contract").
1.1 These General Conditions are deemed accepted in full and without reservation by the Customer upon acceptance of the Quotation or Order Form or Special Conditions or upon transmission of the Order Form by the Customer.
1.2 The present General Conditions prevail over all other conditions or contracts of the Customer, except prior, express and written acceptance of CHARGEBOX France, and subject to the particular Conditions or the Quotation or the Order Form of the Customer.
1.3 TAny Rental Contract shall give rise to the payment by the Customer of a security deposit, the amount of which is specified in the Quotation or in the Special Conditions or in the Order Form, on the day of the acceptance of the Contract by the Customer. This deposit will be cashed by CHARGEBOX France but will be returned to the Customer at the end of the Contract, except if :
- the Equipment would be damaged, vandalized, or would disappear in accordance with articles 8 and 9 of the present.
- or that invoices would not have been settled by the Customer. In this case, CHARGEBOX France reserves the possibility to keep all or part of the deposit paid.
Consequently, the restitution of the deposit of guarantee will be able to be carried out only after integral payment of the amount including all taxes of the rent, the complete restitution of the material, as well as the possible invoicing related to the restoration of the Material and/or its repurchase, if this one was not restored at the end of the Contract.
1.4 Purchase option: Depending on the type of rental, i.e. with purchase option, at the end of the Contract, the Client has the possibility of renouncing the return of his deposit so that the Equipment becomes his property. He must then make a written request to CHARGEBOX France, by registered mail with acknowledgement of receipt at least six (6) months before the end of the Contract. This renunciation of the deposit of guarantee thus involves the transfer of the property of the Equipment.
In such a hypothesis, the Customer commits himself to keep the services of CHARGEBOX France relative to the maintenance of the Equipment, the conditions of which are specified in the article 8 of the present.
2.1 The Rental Contract comes into force from the date of receipt of the Equipment by the Customer.
2.2 It is concluded for a specific period of time as stated in the Quotation or the Special Conditions or on the Client's Order Form.
In the case of a rental contract for a period of more than 12 months, this period is renewable by tacit agreement for a period of the same duration, unless terminated by either party by registered mail with acknowledgement of receipt six (6) months before the anniversary date of the Contract.
3.1 In the event of a breach of contract by either Party, either Party may terminate the Agreement after sending a formal notice that has remained without effect for twenty (45) days from its receipt.
3.2 The termination of the Contract, whatever the cause, entails an obligation for the Customer to return the Equipment to CHARGEBOX France, which will then take care of its removal. In this respect, the Customer commits himself to let immediately a free access to CHARGEBOX France to his premises for the purpose of removing the Equipment.
3.3 If the Customer wishes to terminate the Contract before the delivery of the Equipment, the totality of the sums paid under the Contract plus a fixed indemnity of one hundred and twenty (120) Euros for administrative costs will be invoiced to the Customer by CHARGEBOX France. The latter will also owe CHARGEBOX France a lump sum of five hundred (500) euros for damages. The expenses related to the personalization of the Equipment, if it has already been realized at the day of the cancellation of the Contract, will also be invoiced to the Customer by CHARGEBOX France. CHARGEBOX France will have to bring the proof by photograph sent by e-mail to the Customer of the realization of the personalization.
4.1 The Equipment is composed of a structure equipped or not with a charging cable. The type of Equipment to be rented is specified in the Quotation or in the Special Conditions or on the Order Form. For the equipments equipped with a key lock, or with a code lock for the opening of the lockers in case of loss of the key or forgetting of the code of closing of the locker, a duplicate of the keys or an encrypted digital key allowing the opening of the lockers is given to the Customer, who commits himself to keep them in a secured place; CHARGEBOX France does not possess any other duplicate, copy of the encrypted digital key nor pass allowing the opening.
4.2 Instructions of use and/or maintenance instructions are given to the Customer when the Equipment is delivered.
4.3 3 The Customer may decide to personalize the Hardware by placing advertisements on the reserved spaces. In this case, CHARGEBOX France will invoice the Customer for the personalization, according to the Quotation made or to the particular Conditions subscribed or to the Order Form, and according to the provisions of articles 10 and 11 hereof. The Customer will also be able to personalize himself the Hardware, provided he has obtained the prior, express and written acceptance of CHARGEBOX France.
5.1 The Hardware is delivered by CHARGEBOX France at the place and on the date agreed in the signed Quotation or the particular Conditions subscribed by the Customer or according to the information communicated on the Order Form. The delivery conditions can be modified at any time after agreement between the Parties. Any delay in delivery shall in no case entail the cancellation of the contract or the right to payment of financial compensation.
5.2 The Material will be handed over to the Customer against a document entitled "Report of Receipt of Material", or against the signature of the delivery note of the carrier. These documents of reception must be completed and signed by the Customer at the time of the delivery, who will be able to make mention of reserves if the delivered Material is damaged. The installation of the Material at the place of delivery is carried out by CHARGEBOX France under the only and unique responsibility of the Customer, who will decide in particular its location. In case of reception of damaged material and in the absence of indication of the customer or of reserves on the reception form, CHARGEBOX France will be released from any responsibility, as well as its carrier.
5.3 The equipment delivered in rent to the Customer is in perfect working condition and free of any impact, scratch or aesthetic degradation of any kind. The Customer accepts the delivered equipment in the state and commits himself to return it in the same state so that CHARGEBOX France can rent again the equipment to another customer.
5.4 The delivery times can differ according to the ordered Products, they can be noted as an indication by CHARGEBOX France for each Product or category of Products. This delay does not constitute a strict deadline and CHARGEBOX France cannot be held responsible in case of a delay in delivery not exceeding 120 days. In the case of a delay superior to 120 days, the Customer will be able to ask CHARGEBOX France the possibility of the cancellation of the contract.
The responsibility of the Seller can never be engaged in case of delay or suspension of the delivery if this one is attributable to the Buyer or to a case of force majeure, pandemic or others.
6.1 The Material remains the exclusive, non-transferable and unseizable property of CHARGEBOX France. It cannot be transferred, rented or lent to a third party in any form and in any way whatsoever.
6.2 The Customer will have the quality of guardian in the sense of the article 1242 of the Civil Code, and this as from the delivery of the Equipment until its restitution to CHARGEBOX France.
6.3 Transfer of property. The transfer of property is realized after the payment of the totality of the sums due. In the case of a financial rental by a third party partner of ChargeBox France (LOCAM or other), the tenant has the possibility at the end of the rental contract and to ask ChargeBox France to acquire the rented equipment for a fixed value of 15 €. This request must be made by registered mail with acknowledgement of receipt within 3 months of the end of the rental contract.
7.1 The Client undertakes to keep the Equipment throughout the duration of the Contract and to take the necessary care of it.
7.2 During all the duration of the Contract, the Customer also commits himself to maintain the Equipment in good working order, and to use it according to its destination, to the use normally expected from an equipment of this nature and to take note of the specifications and recommendations of CHARGEBOX France, and in particular of its Instructions of use and its Instructions of maintenance.
7.3 The Customer commits himself not to proceed to any alteration, modification or repair of the Equipment, without prior, express and written authorization of CHARGEBOX France.
7.4 During the whole rental period, in case of deterioration of the Equipment by any person or for any reason whatsoever, or of disappearance of the Equipment for any reason or reason whatsoever and in particular loss or theft, the Customer undertakes to inform CHARGEBOX France immediately and to make a declaration to the competent authorities, and in particular to the police services.
If no information on the nature, the duration and the tariff is specified in the Quotation or in the Particular Conditions or in the Purchase Order, the Customer will not be able to prevail himself of the existence of the services presented below.
8.1 CHARGEBOX France commits itself to implement all the necessary means for the good realization of the Contract, and to provide the Customer with a Hardware in perfect working order. The expenses of maintenance and upkeep of the Equipment as well as the possible expenses relative to the replacement of parts, realized within the framework of a normal use and in good father of family of the Equipment, are included in the Contract.
8.2 In case of breakdown of the Hardware, the Customer will inform CHARGEBOX France without delay, at the coordinates mentioned on the documents "Instructions for use" and "Maintenance instructions", and commits himself to allow immediately the access to the Hardware to CHARGEBOX France.
8.3 During the whole duration of the rental, the Customer benefits from a particular maintenance and associated services, namely
- on-site maintenance : any intervention within seventy-two (72) working hours in case of total and proven non-functioning of the equipment according to a procedure described below,
- supply of wearing parts related to the use of the Equipment (cords, locks, hubs, screens),
- telephone support,
- preventive remote maintenance* (for equipment equipped with this technology)
- reimbursement for new smartphones damaged or stolen while using the Equipment. Theft is covered exclusively for equipment with secure lockers with electronic locking systems. The claimant must produce a theft report and the purchase invoice for the smartphone,
- Activity reporting*,
- secure traceability of all uses* (serial number, brand, time, date, locker number, etc.),
- update of the four (4) software programs installed on the hardware,
- provision of the license rights for advertising use of the Equipment.
8.4 Maintenance
Les équipes de CHARGEBOX France s’engagent à intervenir sur site dans les 72 heures ouvrées en cas de non-fonctionnement total et avéré du Matériel suivant la procédure décrite ci-dessous. Les 72 heures ouvrées seront comptabilisées à J+1 date de réception de la demande d’intervention par e-mail. La demande d’intervention par e-mail étant parfaitement qualifiée pour permettre l’intervention.
Procédure de maintenance : Les équipes techniques de CHARGEBOX France doivent être en relation avec un référent et un référent délégué définis pour chaque site au sein des équipes techniques du Client. Les noms, fonctions et coordonnées de contacts sont communiqués à CHARGEBOX France au plus tard lors de la livraison du Matériel. Les demandes d'intervention doivent être exclusivement effectuées par e-mail à l'adresse : support.technique@Chargebox.fr. Une coordination entre le référent et les techniciens de CHARGEBOX France est établie afin de qualifier précisément l'incident et l'intervention nécessaire. En conséquence, il pourra être demandé par CHARGEBOX France au référent ou au référent délégué de réaliser certaines manipulations techniques. Ces manipulations peuvent être selon les cas : débranchement et rebranchement électrique, vérification et remplacement si nécessaire de la carte SD écran LCD et de la carte micro SD du PC, remplacement d’une serrure, remplacement de câbles.
Pour les matériels équipés de clé, concernant la perte de clé par le Client, CHARGEBOX France adressera par courrier le matériel nécessaire au changement de la serrure ainsi qu’un jeu de clé.
La maintenance comprend l'intégralité des coûts de déplacement, de main d'œuvre et de pièces de rechange ainsi que des fournitures nécessaires à la réparation et remise en service. Cette maintenance inclut également toutes les pièces liées à l'usure du Matériel.
Cette maintenance sera réalisée exclusivement sous contrôle de CHARGEBOX France ou de tout autre prestataire de son choix.
Sont exclues de la maintenance toutes les opérations de remises en état, réparation et échange standard consécutifs à des actions de dégradations volontaires (vandalisme).
Seront considérés comme actes de vandalisme les détériorations, ci-après, répétées à un même endroit (plusieurs cordons, plusieurs écrans) : cordons d’alimentation arrachés ou sectionnés, écrans LCD et écrans tactiles rayés, détériorés ou cassés, mécanismes de fermeture de casiers obstrués (allumettes, chewing-gum, …).
9.1 A l’issue du délai de location mentionné dans le Devis ou les Conditions particulières ou le Bon de commande, le Matériel est restitué par le Client à CHARGEBOX France, qui se charge de son retrait. Le Client s’engage à procéder à la restitution du Matériel en bon état de fonctionnement et conformément à l’état constaté lors de la livraison.
9.2 Dans l’hypothèse où le Matériel restitué serait détérioré pendant la location ou que cette détérioration serait constatée à l’issue du Contrat ou ne serait pas conforme à l’état mentionné dans le Procès-verbal de réception du Matériel, les frais de remise en état seront facturés par CHARGEBOX France au Client, et ce selon les tarifs en vigueur pratiqués par CHARGEBOX France au jour de la réparation ou de la restitution. CHARGEBOX France se réserve également la possibilité de conserver toute ou partie du dépôt de garantie convenu à l’article 1er des présentes pour procéder à la remise en état du Matériel. Il est entendu par détérioration, un état de présentation ou de fonctionnement différent de celui dans lequel le matériel a été pris en location par le client.
9.3 Dans l’hypothèse où le Matériel ne serait pas restitué à CHARGEBOX France, pour quelque cause que ce soit, et notamment perte ou vol, passé un délai de 72 heures pour les location de courte durée et de 10 jours ouvrés pour les locations de longue durée (égale ou supérieure à 12 mois), CHARGEBOX France facturera les frais de vente du Matériel, selon les tarifs en vigueur pratiqués par CHARGEBOX France au moment de la disparition ou de la perte du Matériel ou au jour de sa restitution. CHARGEBOX France se réserve également la possibilité de conserver toute ou partie du dépôt de garantie convenu à l’article 1er des présentes pour palier à la disparition du Matériel.
9.4 Toute perte, disparition ou dégradation, volontaire ou non, d’un double des clés remis au client lors de la livraison et/ou d’une clé numérique cryptée entraînera pour le Client l’obligation de verser à CHARGEBOX France la somme de soixante-huit (38) euros par double de clés et cent soixante-quinze (135) euros par clé numérique cryptée.
The Customer accepts expressly the rates fixed by the Company CHARGEBOX France and mentioned in the Quotation or in the Particular Conditions or on the Order Form.
The Customer also expressly accepts the tariffs hereafter, fixed by the Company CHARGEBOX France, these applying in particular in case of degradation, voluntary or not, of loss or theft of the Equipment.
11.1 The sums due for the short term rentals are payable as soon as the equipment is delivered to the address communicated by the Customer. Rentals due by the Client under the long-term rental contract (greater than or equal to 12 months) shall be invoiced annually and shall be due on the 30th day of the first month of each year. The payment of the services is made by bank check or bank transfer to the coordinates mentioned on the Quotation or the Particular Conditions or on the Order Form. The invoices issued by CHARGEBOX France must be paid by the Customer as soon as he receives them.
11.2 Any payment intervening after the due date indicated on the corresponding invoice will give place, after formal demand of the Customer remained without effect fifteen (15) days as from its reception, to the payment of penalties of delay equal to 6 % of the total amount of the invoice for the period running from the due date until the effective payment of the debt, in accordance with the article 1231-6 of the Civil code.
11.3 In case of delay of payment, CHARGEBOX France reserves the right to terminate the Contract and to ask for the return of the rented Equipment from the Customer, without prejudice of any other action. The latter shall also be liable for a fixed indemnity for collection costs set at forty (40) Euros, in accordance with articles L. 441-6 and D. 441-5 of the Commercial Code, as well as the amount of the rents which would have been due until the end of the contract mentioned in the Quotation or the Special Conditions or the Order Form.
11.4 Moreover, CHARGEBOX France reserves the right to use the deposit paid to cover its unpaid invoices.
12.1 The French and Community verbal and semi-figurative marks CHARGEBOX and CHARGEBOX FRANCE are the exclusive property of the Company CHARGEBOX LIMITED. The Company CHARGEBOX LIMITED is also the owner of drawings and models as well as French and Community patents. A license of exploitation of all the trademarks, designs and models and French and Community patents has been granted by the Company CHARGEBOX LIMITED to the Company CHARGEBOX France. The French and Community word and semi-figurative trademarks ChargePRO and WELCOM are the exclusive property of CHARGEBOX FRANCE. The Company CHARGEBOX FRANCE is also the owner of French and Community drawings and models.
12.2 CHARGEBOX FRANCE authorizes the Customer to use the brands as well as the drawings and models mentioned under the present article, during all the duration of the Contract and in accordance with the conditions mentioned in the Quotation or in the Particular Conditions or in the Order Form. This right of use is granted to the Customer in order to increase the notoriety of the CHARGEBOX France Service. Thus, the Customer may use the Equipment as an advertising medium either for its own brand or for an advertiser of its choice.
12.3 The Customer expressly authorizes CHARGEBOX France to use any visual, and notably the photographs, of its customized Equipment with the brands, logos and colors of the Customer or of an advertiser chosen by the latter.
13.1 Each Party shall be liable by operation of law in the event of a breach of its contractual obligations, in accordance with Articles 1217 and 1231 et seq. of the Civil Code.
13.2 The Parties shall not be liable if the improper performance of the Contract, the non-performance of the Contract or a delay in the performance of the Contract is due to a case of force majeure, in accordance with articles 1218, 1351 and 1351-1 of the Civil Code.
14.1 If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such by virtue of legislative or regulatory provisions or following a final decision by a court, the other stipulations shall retain all their force and scope.
14.2 Any dispute with a professional or commercial co-contractor concerning the interpretation and performance of this Agreement that is not settled amicably shall be brought before the Commercial Court of Paris.
CHARGEBOX France is a sales and service company which ensures, on behalf of its clients, the rental, maintenance, and sale of battery charging equipment for smartphones and other electronic devices (hereinafter "the Equipment"). The present General Conditions define the conditions under which CHARGEBOX France rents the Equipment to the lessees having previously proceeded to the acceptance of a Quotation or to the subscription of Special Conditions or the transmission of an Order Form.
The contractual documents binding CHARGEBOX France and the lessee (hereinafter the "Customer"), subject to acceptance by CHARGEBOX France, are the Quotation or the Special Conditions or the Order Form as well as the present General Conditions (together the "Contract").
1.1 These General Terms and Conditions are deemed accepted in full and without reservation by the Customer upon acceptance of the Quotation or Special Terms and Conditions or upon transmission of the Purchase Order by the Customer.
1.2 The present General Conditions prevail on all the other conditions or contracts of the Customer, except preliminary, express and written acceptance of CHARGEBOX France, and subject to the particular Conditions or the Quotation or the Order form of the customer.
1.3 Any Rental Contract shall give rise to the payment by the Customer of a security deposit, the amount of which is specified in the Quotation or in the Special Conditions or in the Order Form, on the day of acceptance of the Contract by the Customer. This deposit will be cashed by CHARGEBOX France but will be returned to the Customer at the end of the Contract, except if :
- the Equipment would be damaged, vandalized, or would disappear in accordance with articles 8 and 9 of the present,
- or that invoices would not have been settled by the Customer. In this case, CHARGEBOX France reserves the possibility to keep all or part of the deposit paid.
Consequently, the restitution of the deposit of guarantee could be carried out only after integral payment of the amount including all taxes of the rent, of the complete restitution of the material, as well as of the possible invoicing related to the restoration of the Material and/or its repurchase, if this one was not restored at the end of the Contract.
2.1 The Rental Contract comes into force from the date of receipt of the Equipment by the Client.
2.2 It is concluded for a specific period of time as stated in the Quotation or the Special Conditions or on the Client's Order Form.
In the case of a rental contract for a period equal to or greater than 12 months, this period is renewable by tacit agreement for a period of the same duration, unless terminated by either party by registered mail with acknowledgement of receipt six (6) months before the anniversary date of the Contract.
3.1 In the event of a breach of contract by either party, either party may terminate the Agreement after sending a formal notice that has remained without effect for twenty (45) days from its receipt.
3.2 The termination of the Contract, whatever the cause, entails an obligation for the Customer to return the Equipment to CHARGEBOX France, which will then take care of its removal. In this respect, the Customer commits himself to let immediately a free access to CHARGEBOX France to his premises for the purpose of removing the Equipment.
3.3 In case the Customer wishes to terminate the Contract before the delivery of the Equipment, the totality of the sums paid under the contract increased by a fixed compensation of one hundred and twenty (120) euros for administrative expenses will be invoiced to the Customer by CHARGEBOX France. The latter will also owe CHARGEBOX France a lump sum of five hundred (500) euros for damages. The expenses related to the personalization of the Equipment, if it has already been realized at the day of the cancellation of the Contract, will also be invoiced to the Customer by CHARGEBOX France. CHARGEBOX France will have to bring the proof by photograph sent by e-mail to the Customer of the realization of the personalization.
4.1 The Equipment consists of a structure equipped with portable batteries. The type of Equipment to be rented is specified in the Quotation or in the Special Conditions or on the Order Form.
4.2 Instructions for use and/or maintenance instructions are given to the Customer upon delivery of the Equipment.
4.3 The Customer may decide to personalize the Hardware by placing advertisements on the spaces reserved for them. In this case, CHARGEBOX France will invoice the Customer for the personalization, according to the Quotation made or to the particular Conditions subscribed or to the Order Form, and according to the provisions of articles 10 and 11 hereof. The Customer will also be able to personalize himself the Hardware, provided he has obtained the prior, express and written acceptance of CHARGEBOX France.
5.1 The Hardware is delivered by CHARGEBOX France at the place and on the date agreed in the signed Quotation or the particular Conditions subscribed by the Customer or according to the information communicated on the Order Form. The delivery conditions can be modified at any time after agreement between the parties. Any delay in delivery shall in no event result in the cancellation of the contract or the right to payment of financial compensation.
5.2 The Material will be handed over to the Client against a document entitled "Report of Receipt of Material", or against the signature of the delivery note of the carrier. These receipt documents must be completed and signed by the Customer upon delivery, who may express reservations if the Material delivered is damaged. The installation of the Material at the place of delivery is carried out by CHARGEBOX France under the only and unique responsibility of the Customer, who will decide in particular its location. In case of reception of damaged material and in the absence of indication of the customer or of reserves on the reception form, CHARGEBOX will be released from any responsibility as well as its carrier.
5.3 The material delivered in rent to the customer is in perfect working condition and free of any impact, scratch or aesthetic degradation of any kind. The customer accepts the delivered equipment in the state and commits himself to return it in the same state so that CHARGEBOX France can rent again the equipment to another customer.
5.4 The delivery times can differ according to the ordered Products, they can be noted as an indication by CHARGEBOX France for each Product or category of Products. This delay does not constitute a strict deadline and CHARGEBOX France cannot be held responsible in case of a delay in delivery not exceeding 120 days. In the case of a delay superior to 120 days, the customer will be able to ask CHARGEBOX France the possibility of the cancellation of the rental contract.
6.1 The Battery Charging Equipment remains the exclusive, non-transferable and unseizable property of CHARGEBOX France. It cannot be transferred, rented or lent to a third party in any form and in any way whatsoever.
6.2 The Customer will have the quality of guardian in the sense of the article 1242 of the Civil Code, and this as from the delivery of the Equipment until its restitution to CHARGEBOX France.
6.3 The user will have the faculty to keep the battery. In this case a fixed amount will be debited on his credit card. As soon as this amount is debited, the user will benefit from the full ownership of the battery.
7.1 The Customer undertakes to keep the Equipment throughout the duration of the Agreement and to take the necessary care of it.
7.2 During the whole duration of the Contract, the Customer also commits himself to maintain the Equipment in good working order, and to use it according to its destination, to the use normally expected from an equipment of this nature and to take note of CHARGEBOX France's specifications and recommendations, and in particular of its Instructions for use and its Maintenance Instructions.
7.3 The Customer commits himself not to proceed to any alteration, modification or repair of the Equipment, without prior, express and written authorization of CHARGEBOX France.
7.4 During the whole rental period, in case of deterioration of the Equipment by any person or for any reason whatsoever, or of disappearance of the Equipment for any reason or reason whatsoever and in particular loss or theft, the Customer undertakes to inform CHARGEBOX France immediately and to make a declaration to the competent authorities, and in particular to the police services.
8.1 CHARGEBOX France commits itself to implement all the necessary means for the good realization of the Contract, and to supply the Customer with a Hardware in perfect working order. The expenses of maintenance and upkeep of the Equipment as well as the possible expenses relative to the replacement of parts, realized within the framework of a normal use and in good father of family of the Equipment, are included in the Contract.
8.2 In case of breakdown of the Hardware, the Customer will inform CHARGEBOX France without delay, at the coordinates mentioned on the documents "Instructions for use" and "Maintenance instructions", and commits himself to allow immediately the access to the Hardware to CHARGEBOX France.
8.3 During the whole duration of the rental, the Customer benefits from a particular maintenance and associated services, namely
- on-site maintenance : any intervention within seventy-two (72) working hours in case of total and proven non-functioning of the equipment according to a procedure described below,
- supply of wearing parts related to the use of the Equipment (batteries and cords),
- telephone support for users (hotline - 24/24 and 7/7)
- preventive remote maintenance*.
- activity reporting* per application,
- administration interface* customizable by establishment
- management of the electronic payment gateway for service access authorization
- recovery management for unreturned batteries
- update of the four (4) software programs installed on the equipment,
8.4 Maintenance
CHARGEBOX France teams commit themselves to intervene on site within 72 working hours in case of total and proven non-functioning of the Hardware according to the procedure described below. The 72 working hours will be counted at D+1 date of reception of the intervention request by email. The request for intervention by email being perfectly qualified to allow the intervention.
Maintenance procedure: CHARGEBOX France technical teams must be in relation with a referent and a delegated referent defined by each site within the Customer's technical teams. The names, functions and contact details are communicated to CHARGEBOX France at the latest at the time of the delivery of the Equipment. The requests of intervention must be exclusively made by e-mail to the address: support.technique@chargebox.fr. A coordination between the referent and the technicians of CHARGEBOX France is established in order to qualify precisely the incident and the necessary intervention. Consequently, CHARGEBOX France may ask the referent or the delegated referent to carry out some technical manipulations. These manipulations can be, according to the cases: disconnection and reconnection of the general electricity or of some components inside the equipment.
This maintenance will be carried out exclusively under the control of CHARGEBOX France or any other provider of its choice.
Are excluded from the maintenance all the operations of repair, repair and standard exchange consecutive to actions of voluntary degradations (vandalism).
Will be considered as acts of vandalism the following deteriorations, repeated at the same place (several cords, several screens): torn or cut power cords, LCD screens and touch screens scratched, damaged or broken, locker closing mechanisms obstructed (matches, chewing gum, ...).
9.1 At the end of the rental period mentioned in the Quotation or the Special Conditions or the Order Form, the Equipment is returned by the Customer to CHARGEBOX France, which is responsible for its collection. The Customer undertakes to return the Equipment in good working order and in accordance with the state observed at the time of delivery.
9.2 In the event that the returned Equipment is deteriorated during the rental or that this deterioration is noticed at the end of the Contract or is not in conformity with the state mentioned in the report of reception of the Equipment, the expenses of repair will be invoiced by CHARGEBOX France to the Customer, and this according to the tariffs in force practiced by CHARGEBOX France at the day of the repair or of the restitution. CHARGEBOX France also reserves the possibility to keep all or part of the deposit agreed in the article 1 of the present contract to proceed to the repair of the Equipment. It is understood by deterioration, a state of presentation or functioning different from the one in which the material was taken in hiring by the customer.
9.3 In the hypothesis that the Equipment is not returned to CHARGEBOX France, for any reason whatsoever, and in particular loss or theft, after a period of 72 hours for short term rentals and 10 working days for long term rentals (equal to or greater than 12 months), CHARGEBOX France will invoice the costs of sale of the Equipment, according to the tariffs in force practiced by CHARGEBOX France at the time of the disappearance or loss of the Equipment or on the day of its return. CHARGEBOX France also reserves the possibility to keep all or part of the deposit agreed in the article 1 of the present contract to compensate for the disappearance of the Equipment.
The Customer expressly accepts the rates fixed by the Company CHARGEBOX France and mentioned in the Quotation or in the Particular Conditions or on the Order Form.
The Customer also expressly accepts the tariffs hereafter, fixed by the Company CHARGEBOX France, these applying in particular in case of degradation, voluntary or not, of loss or theft of the Equipment.
11.1 The sums due for the short term rentals are payable as soon as the equipment is delivered to the address communicated by the customer. Rentals due by the Client under the long-term rental contract (greater than or equal to 12 months) are invoiced annually and are due on the 30th of the first month of each year. The payment of the services is made by bank check or bank transfer to the coordinates mentioned on the Quotation or the Particular Conditions or on the Order Form. The invoices issued by CHARGEBOX France must be paid by the Customer as soon as he receives them.
11.2 Any payment intervening after the due date indicated on the corresponding invoice will give place, after formal demand of the Customer remained without effect fifteen (15) days as from its reception, to the payment of penalties of delay equal to 6 % of the total amount of the invoice for the period running from the due date until the effective payment of the debt, in accordance with the article 1231-6 of the Civil code.
11.3 In case of delay of payment, CHARGEBOX France reserves the right to terminate the Contract and to ask for the return of the rented Equipment from the Customer, without prejudice of any other action. The latter shall also be liable to pay a fixed indemnity for collection costs set at forty (40) Euros, in accordance with articles L. 441-6 and D. 441-5 of the Commercial Code, as well as the amount of the rents which would have been due until the end of the contract mentioned in the Quotation or the Special Conditions or the Order Form.
11.4 Moreover, CHARGEBOX France reserves the right to use the deposit paid to cover its unpaid invoices.
12.1 The French and Community verbal and semi-figurative marks CHARGEBOX and CHARGEBOX FRANCE are the exclusive property of the Company CHARGEBOX LIMITED. The Company CHARGEBOX LIMITED is also the owner of drawings and models as well as French and Community patents. A license of exploitation of all the trademarks, designs and models and French and Community patents has been granted by the Company CHARGEBOX LIMITED to the Company CHARGEBOX France. The French and Community verbal and semi-figurative trademarks ChargePRO and WELCOM are the exclusive property of the Company CHARGEBOX FRANCE. The Company CHARGEBOX FRANCE is also the owner of French and Community drawings and models.
12.2 CHARGEBOX FRANCE authorizes the Customer to use the brands as well as the drawings and models mentioned under the present article, during all the duration of the Contract and in accordance with the conditions mentioned in the Quotation or in the Particular Conditions or in the Order Form. This right of use is granted to the Customer in order to increase the notoriety of the CHARGEBOX France Service. Thus, the Customer may use the Equipment as an advertising medium either for its own brand or for an advertiser of its choice.
12.3 The Customer expressly authorizes CHARGEBOX France to use any visual, and notably the photographs, of its customized Equipment with the brands, logos and colors of the Customer or of an advertiser chosen by the latter.
13.1 Each Party shall be liable by operation of law in the event of a breach of its contractual obligations, in accordance with Articles 1217 and 1231 et seq. of the Civil Code.
13.2 The Parties shall not be liable if the improper performance of the Contract, the non-performance of the Contract or a delay in the performance of the Contract is due to a case of force majeure, in accordance with Articles 1218, 1351 and 1351-1 of the Civil Code.
14.1 If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such by virtue of legislative or regulatory provisions or following a final decision by a court, the other stipulations shall retain all their force and scope.
14.2 Any dispute with a professional or commercial co-contractor concerning the interpretation and performance of this Agreement that is not settled amicably shall be brought before the Commercial Court of Paris.
CHARGEBOX France is a sales and service company that provides, on behalf of its customers, the rental, maintenance and sale of recharging equipment for smartphones and other electronic devices.
The present General Conditions define the conditions under which CHARGEBOX France rents the batteries to the lessees, hereinafter referred to as "the Tenant".
1.1 The present General Conditions are deemed to be accepted in full and without reservation by the Lessee at the time of the Rental Application.
1.2 The term "Rental Request" refers to any action taken by the Renter to obtain the rental of a battery.
1.3 This rental request may be made by means of a QR code, an identifier, a bank card, an RFID medium, a questionnaire or any other action enabling the Renter to obtain a battery rental either independently or with assistance.
2.1 The Lease Agreement shall come into force from the time the battery is made available to the Lessee.
2.2 The Rental Agreement shall terminate upon the return of the battery by the Tenant.
3.1 The battery consists of a structure equipped with 2 charging cables:
- 1 IPHONE lightning cable
- 1 Micro USB and Micro USB C cable
The Tenant undertakes to keep the battery throughout the rental period and to take the necessary care.
5.1 At the end of the rental period the battery is returned by the Tenant to CHARGEBOX France.
5.2 In the hypothesis where the battery would not be returned in the period indicated on the tariffs, CHARGEBOX France will proceed to the debit of the tenant of a fixed amount for non return.
6.1 The battery remains the property of CHARGEBOX France during the whole rental period.
6.2 The Hirer shall have the quality of guardian in the sense of the article 1242 of the Civil Code, and this from the delivery of the battery until its return to CHARGEBOX France.
6.3 The Tenant shall become the full owner of the battery after CHARGEBOX France has debited the totality of the fixed amount for non-return.
7.1 The Tenant accepts that CHARGEBOX France proceeds to a pre-authorization operation on his bank card.
7.2 This pre-authorization operation will generate a debit followed by a credit of the same amount on the tenant's bank account.
7.3 This pre-authorization allows for the validation of the eventual debit of the lump sum for non-return of the battery by the hirer.
The Hirer expressly accepts the tariffs fixed by the CHARGEBOX France Company and mentioned on the terminal, the battery, an information panel or any other physical or digital information system.
The sums due for the rentals are immediately payable.
10.1 Each Party shall be liable by operation of law in the event of a breach of its contractual obligations, in accordance with Articles 1217 and 1231 et seq. of the Civil Code.
10.2 The Parties shall not be liable if the improper performance of the Contract, the non-performance of the Contract or a delay in the performance of the Contract is due to a case of force majeure, in accordance with Articles 1218, 1351 and 1351-1 of the Civil Code.
11.1 If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such by virtue of legislative or regulatory provisions or following a final decision by a court, the other stipulations shall retain all their force and scope.
11.2 Any dispute with a professional or commercial co-contractor concerning the interpretation and performance of this Agreement that is not settled amicably shall be brought before the Commercial Court of Paris.
