General terms and conditions of the Mobi-
Article 1. Definitions
The terms and expressions referred to below mean, when preceded by a capital letter, for
Lessor / Assignee": refers to the financial company that owns the equipment that it leases to the Customer in return for a rent. Rental Contract": refers to the contract for the rental of the equipment between the Hirer and the Lessor;""Order": refers to the selection of the equipment made by the Professional with the Company;""General Terms and Conditions of Sale": refers to the General Terms and Conditions of Sale. General Terms and Conditions of Sale": the general terms and conditions of sale which are the subject hereof;" Delivery Period": the period between the date on which the order is validated and the date on which the order is delivered to the Professional;""Delivery Costs": the cost of delivery of the equipment to the Professional. Delivery Costs": the cost of the expenses incurred by the Company to transport the equipment to the delivery address indicated by the Professional;""Delivery": dispatch of the product to the Professional at the delivery address indicated by the Professional; "Delivery": dispatch of the product to the Professional at the delivery address indicated by the Professional. Delivery": dispatch of the product to the professional;""Delivery Method": any method of delivery. Delivery Method": means any standard or express delivery method available;". Material" :
new or refurbished high-tech product offered by the Company on the Website;". Customer": any professional entity established in France. Publication Manager": the Company;""Data Processor": the person responsible for processing the data. Data Processor":
the company Company": Mobi Société à responsabilité limitée, registered in the Marseille Trade and Companies Register under number 831 131 594, whose registered office is at 152 av. Du Prado 13008 Marseille and whose intra-community VAT number is FR94831131594. All references to the singular include the plural and vice versa.
Article 2. Subject
Mobi offers its customers an IT equipment rental and management service for professionals, in return for the payment of monthly instalments, the amount of which is defined at the time of subscription. The professional customer can only be a company registered in France, excluding micro-enterprises. The service is not intended for private individuals. The Customer and the natural persons who depend on them are professionals with reasonable technical skills and a sufficient level of knowledge to enable them to
use the basic functions of the Hardware. Failing this, the Customer is invited not to request the services of MOBI, as the equipment offered is not suitable for the Customer.
The Company and the Professional agree that their relationship will be governed exclusively by the General Terms and Conditions of Sale. The Company reserves the right to modify the General Terms and Conditions of Sale at any time by publishing a new version on the Website.
The General Terms and Conditions of Sale are those in force on the Order Validation date. The Company and the Professional agree that the photographs of the Products for sale on the Web Site have no contractual value.
- Article 3. Term of commitment
Unless otherwise agreed, the rental contract is for a period of 36 months from the date of delivery of the product(s). At the end of this period, the customer may: - change product(s) and renew the contract with Mobi on a new contract; - tacitly renew the contract for a period of 12 months; - return the product(s) and terminate the contract. Return the product(s) and terminate the contract.Cost and payment terms.The monthly price is expressed in euros exclusive of tax, and includes:Delivery charges, after-sales service and take-back, as well as access to the personal area.The price remains fixed throughout the term of the contract, with the exception of price variations resulting from changes in tax rates.Payment of the monthly instalment will be made by direct debit from the lessor, following the electronic signature of a direct debit mandate by the customer at the same time as signing the rental contract.
Article 4. Computer equipment
Mobi supplies exclusively new or reconditioned computer hardware, refurbished by a third party, but Mobi is not the manufacturer.The brand of hardware supplied is clearly identified at the time of subscription.The intangible content (software and other IT solutions) of the hardware is transmitted by the manufacturer without any intervention by Mobi.Before any order, the customer acknowledges having read the product characteristics on the site.-.
Article 5. Subscription
When subscribing to an offer proposed by Mobi, the natural person duly authorised for this purpose is obliged to provide fair, accurate and correct information:- Company name, registered office address, company registration number and the identity of the legal representatives.- The customer must inform Mobi of any changes to the information provided at the time of subscription. The customer must inform Mobi of any change in the information given at the time of subscription.The equipment can be ordered in different ways: via the website, by e-mail or by telephone.Once the equipment has been selected, the order is only pending.Following an order placed by the customer, Mobi will submit a rental request to the assignee on behalf of the customer, provided that the customer has sent all the information and documents required by the assignee to examine the rental request made by the hirer via Mobi.The assignee alone will examine the customer's lease application according to its own criteria and reserves the right to accept or reject the financing application. In the event of the assignee's refusal or failure to conclude the planned lease contract, the order will be considered null and void.
Article 6. Delivery of equipment
Upon receipt by Mobi of the rental contract and all documents justifying the commencement of the rental contract, duly initialled and signed by the customer, Mobi will proceed with the delivery of the equipment. The equipment will be delivered exclusively within the European Union. Mobi reserves the right to refuse the order if the delivery address given is outside the European Union. Any equipment returned to Mobi or to one of Mobi's suppliers because the customer has given an incorrect or incomplete delivery address will be reshipped at the customer's expense.Within seven (7) days of receipt of the Equipment by the Customer, the Customer must electronically sign a delivery and compliance report which will be sent to the Customer by Mobi.installation of the Equipment is carried out by the Customer and is deemed to have been carried out from the time of delivery, unless otherwise specified by e-mail, within twenty-four hours of delivery.installation of the Equipment is carried out by the Customer and is deemed to have been carried out from the time of delivery, unless otherwise specified by e-mail, within twenty-four hours of delivery.installation of the Equipment is carried out by the Customer and is deemed to have been carried out from the time of delivery, unless otherwise specified by e-mail, within twenty-four hours of delivery.
Article 7. Use and enjoyment of the equipment
The Equipment is supplied for the exclusive use of the Customer and only the Customer's duly authorised employees may use the Equipment.The supply of the Equipment is for professional purposes and the Equipment must be used in a secure environment, adapted to the technical specifications provided by the manufacturer, which the Customer must have read before placing any Order.The Customer may not:- Lend or sublet the Equipment - Modify or dismantle the Equipment. Mobi does not train the Customer's employees in the use of the Hardware, which is the sole responsibility of the Customer. It is the Customer's responsibility, without the intervention of Mobi, to take all necessary measures to ensure the correct use of the Hardware and to protect it, for example by equipping it with anti-virus systems, by placing it in a secure location or by taking out an insurance policy that includes cover for the Hardware.Any data stored on the Hardware may be partially or completely destroyed following a fortuitous event, voluntary or involuntary manipulation by the Customer, or a maintenance or repair operation; it is the Customer's responsibility, without any intervention by Mobi, to ensure the backup, by any means, of all the data he/she wishes to keep.
Article 8. Repair of equipment
The equipment may be subject to fortuitous anomalies, the appearance of an anomaly may justify suspension or interruption of rental payments.Mobi offers the customer an equipment repair service.In the event of an anomaly, the customer is obliged to notify Mobi within two working days of reporting it, Mobi will then establish a diagnosis.If the fault is confirmed, Mobi will send instructions to the Customer to have the equipment repaired by Mobi or by a service provider appointed by Mobi. Throughout the initial term of the rental contract, Mobi will cover the cost of transport and repair services in the event of a fault attributable exclusively to a manufacturing defect in the equipment.The Customer shall bear the cost of repairing the Hardware damaged by any cause other than a manufacturing defect, such as accident, abuse, incompatibility between software and the Hardware, negligence, incorrect, inadequate or inappropriate use of the Hardware, damage of any kind, failure or interruption of the telecommunications and electrical networks or any cause other than the sole manufacture of the Hardware and its components.The cost of repair may not exceed the higher of the two following amountsthe cumulative amount of rent due and paid by the Customer or the cumulative amount of rent still to run.In the event that the Customer accepts the estimate for repair, the cost of repair shall be borne solely by the Customer.Once the equipment has been repaired, it shall be returned to the Customer as soon as possible by Mobi or by a carrier appointed by Mobi.
Article 9. Responsibilities
The Customer is held entirely and exclusively responsible for the loss, theft, deterioration, defect and destruction of the equipment, and Mobi-Mérieux cannot be held responsible for any failure of software or intangible solutions inserted into the equipment by default of the manufacturer or added voluntarily or involuntarily by the Customer.
Article 10. Return of equipment
At the end of the hire period or in the event of early termination of the Contract, the Hirer is obliged to return the Equipment to Mobi in a good state of repair, operation and maintenance.In the event of the Equipment being returned in a partially or totally defective state or in the event of the Equipment being incomplete:- Mobi will invoice the Customer for any costs relating to the repair of the Equipment.- The invoice is payable on receipt by the Customer. If the Equipment is not returned at the end of the hire contract, the Customer will owe the Lessor a monthly indemnity for loss of use equal to the last invoiced rent. The equipment must be dispatched before the expiry of a period of three working days from the date of expiry of the Rental Contract.
Article 11. Applicable law and competent jurisdiction
The General Terms and Conditions of Sale are governed by French law. Any dispute arising from the formation, interpretation or performance of the General Terms and Conditions of Sale will be subject to the exclusive jurisdiction of the courts of Marseille, notwithstanding plurality of defendants or the introduction of third parties.
