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General Terms and Conditions of Commercial Warranty
The Commercial Warranty offered free of charge by Bigben Connected(1)
(hereinafter the "Commercial Warranty
") for any purchase of one of its Force Glass, Force Case, Force Power and Force Play products (hereinafter "the Products
") does not replace, but is added to the statutory guarantees of conformity (Articles L. 217-3 to L. 217-17 of the Consumer Code) and of hidden defects (Articles 1641 to 1649 of the Civil Code) for the duration thereof.
Thus, the Commercial Warranty applies without prejudice to the consumer's right to benefit from the legal guarantee of conformity and that relating to hidden defects.
These conditions are only applicable to the Commercial Warranty offered by Bigben Connected and therefore do not affect the conditions for implementing the statutory guarantees, as described in the vendor's general conditions of sale (Bigben Connected or any from its authorized dealers).
1. Description of the Commercial Warranty
For Force Glass, Force Case, and Force Power Products
: The Bigben Connected Commercial Warranty covers all material and manufacturing defects of the Products in the framework of normal use and in accordance with the instructions.
Bigben Connected's only obligation under this Commercial Warranty will be to replace any Product returned by the Purchaser with a proven material or manufacturing defect. If the replacement is not reasonably available or possible, Bigben Connected will reimburse the defective Product concerned.
For Force Play Products
: Bigben Connected's lifetime guarantee covers the loss or theft of only one of the two (headset or commercial name of the product) making up the Product.
Bigben Connected's only obligation under this Commercial Warranty will be to replace the lost or stolen (headset or commercial name of the product) from the Purchaser. If the replacement is not reasonably available or possible, Bigben Connected will reimburse the (headset or commercial name of the product) concerned.
Subject to the reservations and conditions expressed herein, the Commercial Warranty benefits any individual purchaser not acting in the framework of a commercial or professional activity (hereinafter the "Purchaser
The Commercial Warranty is personal and requires prior registration on the Bigben Connected website, under the conditions specified in point 5 below.
The Commercial Warranty only applies to new Products acquired from Bigben Connected or from one of its authorized dealers/retailers. It is specified that Products purchased from dealers or retailers who remove or change the labels and/or identification numbers are considered to be unauthorized. Products purchased from unauthorized dealers are also considered to be unauthorized. No Commercial Warranty shall apply to these Products insofar as their authentic character cannot be verified.
2. Territorial scope of the Commercial Warranty
This Commercial Warranty only applies within the territory of the European Union for a Product purchased and used in a member country of the European Union.
3. Duration of Commercial Warranty
For Force Glass Force Case and Force Play Products
: the Commercial Warranty is applicable for life, i.e. for the life of the Purchaser and as long as the device of which the Product is an accessory remains marketed by the manufacturer. If the marketing of the device of which the Product is an accessory is discontinued, the Commercial Warranty will remain in force for a period of three years from the date of this marketing stoppage.
For Force Power Products
: the duration of the Commercial Warranty applicable to the Product is 24 months from its date of purchase, as certified by the Purchaser's purchase invoice or receipt.
4. Limitation of implementation of the Commercial Warranty
The implementation of the Commercial Warranty, for all the Products, is limited to once
per calendar year at most, without possible postponement from one year to another in the event of non-use of the Commercial Warranty during a calendar year.
5. Terms of activation of the Commercial Warranty
To be able to benefit from the Commercial Warranty, the Purchaser must first register the Product at the address https://warranty.force-glass.com within thirty days from the date of purchase of the latter
, as indicated on his purchase invoice, according to the procedure described below:
- go to the address https://warranty.force-glass.com and click on the button "Create an account";
- complete the form and click on the “Finalize the registration” button;
- connect to his account with the purchase invoice of the Product;
- register the Product by clicking on the “Add a product” button;
- fill in the required fields.
Once registered, the Product appears in the “Declared Products” section.
6. Terms of implementation of the Commercial Warranty
During the term of this Commercial Warranty, the Purchaser may request the implementation of the Commercial Warranty by logging into his account on the site https://warranty.force-glass.com and following the procedure described below:
describe the procedure
An e-mail confirming that the request has been taken into account will then be sent to the Purchaser.
Within 30 days from the submission of the Purchaser's request on the https://warranty.force-glass.com website, Bigben Connected will inform the Purchaser by e-mail of its possible agreement to assume responsibility under the Commercial Warranty and will indicate to him, if necessary, the procedure to be followed.
In the framework of the Commercial Warranty, shipping costs are the responsibility of the Purchaser.
- In the framework of the Force Play Products Commercial Warranty
: Bigben Connected will send the replacement (headset or trade name of the product) on receipt of payment by the Purchaser of the shipping costs, in accordance with the terms described in the e-mail agreement to assume responsibility.
- In the framework of the Commercial Warranty for Force Case, Force Glass and Force Power Products
: the Purchaser shall return the defective Product at his own expense and risk to the address which will be indicated by customer service during the procedure, accompanied by the return material authorization number (RMA) which will have been communicated to him beforehand.
The Purchaser is advised to return the Product to Bigben Connected by registered or tracked mail and to keep proof of the sending thereof. On receipt of this return, Bigben Connected will, within ten days and at its expense, send the replacement Product to the Purchaser.
7. Commercial Warranty Exclusions
This Commercial Warranty does not cover any of the following cases:
periodic maintenance and replacement of the Products due to normal wear and tear;
damage or defects resulting from use, operation or handling of the Product that does not comply with normal personal or private use;
damage or changes caused by improper use, including handling resulting in physical, aesthetic or superficial damage or change to the Product, use of the Product that does not comply with its intended purpose or with the instructions for use supplied with the Product, maintenance of the Product that does not comply with the instructions provided with the Product, use of the Product that does not comply with the technical or safety standards or regulations in force in the country where it is used;
damage or modifications caused by:
- use of the Product with accessories, peripherals and other products whose type, condition and standards do not meet the requirements of Bigben Connected;
- repairs carried out or attempted by persons not authorized by Bigben Connected;
- modifications or adaptations made without the prior written consent of Bigben Connected, including upgrading the Product beyond the specifications or functionalities described in the user manual or modifications made to the Product so that it complies with the technical or safety standards, national or local, in force in any country other than those for which the Product was originally designed and manufactured;
- accidents, fire, liquids, chemical products, other substances, floods, vibrations, excessive or inadequate heat, radiation, electrostatic discharges, including lightning, other external forces and effects;
- lack of maintenance;
- defects appearing during transport from or to the Purchaser;
Products whose serial number has been altered or has disappeared;
Defects due to non-compliance with the general supply voltage of the Product;
8. Additional information and customer service
For more information, the Purchaser can refer to the Product documentation available on the
website https://www.force-mobility.fr/ or contact Bigben Connected customer service:
- on the internet: https://www.force-mobility.fr/contact/
- by e-mail: (outside the warranty file): email@example.com
9. Interaction between the statutory guarantees and the Commercial Warranty
Apart from the Commercial Warranty specific to Force Play Products covering loss and theft, the Commercial Warranty offered by Bigben Connected allows the Purchaser, as in the framework of the statutory guarantees, to obtain the replacement of a defective Product directly from Bigben Connected.
When the Purchaser has acquired a defective Product from an authorized Bigben Connected dealer/retailer, the Purchaser has the choice between:
Requesting the replacement of the Product from the vendor under the statutory guarantees (conformity and hidden defects); replacement to Bigben Connected under the Commercial Warranty. When the Purchaser has acquired a defective Product directly from Bigben Connected, Bigben Connected is bound by the legal warranties and the Commercial Warranty with regard to the Purchaser. In this case, the Purchaser is advised to activate as a priority the statutory guarantees whose regime is more favourable to him (payment of all shipping costs by the vendor).
10. Limitations of liability
In the framework of this Commercial Warranty, and subject to the above conditions of implementation, Bigben Connected has the sole obligation to replace the Product with an identical product or with a product with equivalent functionalities or, if the implementation of one or other of these options is not possible, to offer the Purchaser a refund of the purchase price of the Product. On the other hand, Bigben Connected may under no circumstances be held liable for compensation for indirect or intangible damage, such as any loss or deterioration related to the Product, financial loss, loss of profits, income, data, enjoyment or use of the Product or any associated product, indirect or accidental loss or damage.
11. Consumer rights
Full text of the relevant Articles of the Consumer Code and the Civil Code relating to the statutory guarantees by which the vendor of a good is bound:
Article L217-4 of the Consumer Code:
The good complies with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristics provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the vendor at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be provided
in accordance with the contract;
4° It is updated in accordance with the contract.
Article L217-5 of the Consumer Code:
I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, codes of specific conduct of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the vendor presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as to public statements made by the vendor, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II. - However, the vendor is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or
3° That the public statements could not have influenced the purchase decision.
III. - The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods of which he has been specifically informed that they deviate from the conformity criteria set out in this Article, a deviation to which he has expressly and separately consented upon conclusion of the contract.
Article L217-12 of the Consumer Code:
The vendor may not proceed according to the choice made by the consumer if the requested
compliance is impossible or entails disproportionate costs with regard in particular to:
1° The value that the good would have in the absence of lack of conformity;
2° The importance of the lack of conformity; and
3° The eventual possibility of opting for the other choice without major inconvenience for the consumer.
The vendor may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not respected, the consumer may, after formal notice, pursue the forced performance in kind of the solution initially requested, in accordance with Articles 1221 and following of the Civil Code.
Any refusal by the vendor to proceed according to the choice of the consumer or to bring the goods into conformity, must be justified in writing or on a durable medium.
Article L217-16 of the Consumer Code:
In the cases stipulated in Article L. 217-14, the consumer informs the vendor of his decision to terminate the contract. He returns the goods to the vendor at the latter's expense. The vendor reimburses the consumer for the price paid and returns any other benefit received under the contract.
If the lack of conformity relates only to certain goods delivered under the sales contract, the consumer has the right to rescind the contract for all the goods, even those not covered by this chapter, if one cannot reasonably expect him to agree to keep only the conforming goods.
For the contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, on an ancillary basis, the provision of services not covered by this chapter, the consumer has the right to rescind the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to rescind all the contracts relating thereto.
The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods comprising digital elements.
Article 1641 of the Civil Code:
The vendor is bound by the warranty for the hidden defects of the object sold which render it unfit for the use for which it is intended, or which reduce this use so much that the purchaser would not have acquired, or would have given only a lesser price, if he had known them.
Section 1648, s. 1, of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the event of difficulties in the application of these general conditions, the Purchaser has the possibility, before any legal action, of referring the case to the Consumer Mediator.
In the event of a dispute between the professional and the consumer, they will endeavour to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility of referring the case free of charge to the Consumer Mediator to which the professional reports, namely the Association of European Mediators (AME CONSO), within one year from the written complaint sent to the professional.
Referral to the Consumer Mediator must be made:
either by completing the form provided for this purpose on the AME CONSO website: mediationconso-ame.com; or by mail sent to AME CONSO, 197 Boulevard Saint-Germain, 75007 PARIS.
It is recalled that the search for an amicable solution does not interrupt the period of the statutory guarantee or the duration of the Commercial Warranty.
In the event of a dispute relating to these general conditions, in the absence of an amicable resolution of the dispute or if the parties do not wish to appeal to a mediator, only the French courts have jurisdiction.
13. Personal data
The Purchaser's personal data collected in the framework of the Commercial Warranty is subject to computer processing enabling Bigben Connected and its possible service providers to provide the services attached thereto and, subject to his consent, to send him information and commercial offers by e-mail. His data may also be used to inform him by post about the news of the brand and his devices purchased or offer him to subscribe for an extended warranty when the Commercial Warranty expires. The data is kept for the period necessary for the performance of the after-sales service unless a longer period is authorized or imposed by virtue of a legal or regulatory provision.
Simplified joint-stock company with share capital of €2,977,074, whose registered office is located at 396-466 Rue de la Voyette – CRT2, 59273 Fretin (France), which is registered in the Lille Métropole Corporate Register under number 403 361 439