General Terms & Conditions of Sale
ARTICLE 1 – SCOPE These General Conditions of Sale (GTC) apply, without restriction or reservation, to any purchase of repair services for electronic devices in the workshop offered by OhmCool to consumers and non-professional Customers (“Clients or Client”). The main characteristics of the Services are presented on the ohmcool.com website. The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer. These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Services or on the Internet. They are systematically communicated to any Customer prior to the conclusion of the contract for the provision of the Services and will prevail, where applicable, over any other version or any other contradictory document. The Customer declares to have read these GCS and to have accepted them before the conclusion of the contract for the supply of the Services. The validation of the Services order by the Customer implies acceptance without restriction or reservation of these GCS. These T&Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the day of the conclusion of the contract. The Services are offered for sale to customers resident in mainland France and Europe. ARTICLE 2 – PURPOSE / ENTRY INTO FORCE / DURATION The purpose of these general terms and conditions is to define the terms and conditions for repairing the Device sent for repair by the Customer. These general conditions come into force as soon as the Customer has paid for his order on the website, and remain in force until the extinction of the rights and obligations borne by one or other of the parties. ARTICLE 3 – ORDERS AND CONFIRMATION OF REPAIR SERVICES 3.1. Prior technical and cosmetic checks of the device. Before any repair of the Customer's Device, the Service Provider carries out a check to verify the technical condition of the Device sent by the Customer for repair. It is expressly agreed between the parties that the check carried out by the Service Provider shall prevail, between the parties and before any court, in the event of a dispute over the condition of the Device sent for repair. If certain functions of the device cannot be tested, the Customer may not under any circumstances request an intervention under the warranty after repair, other than that carried out and invoiced by the Service Provider. 3.2. Placing the order on the website. The Customer must follow the following steps to place an order for the repair service for his Device: - The Customer chooses a date and type of diagnosis adapted to his equipment (hahboard or minor) on the website and pays online by entering his contact email - OhmCool then sends the address to which to send the product (address in France) - The Customer sends his Device for repair to the address indicated. - The equipment must arrive no later than the day before the date reserved by the customer - Ohmcool verifies that the Device is part of the list of those that it is able to repair. - Ohmcool carries out the diagnosis of the equipment received on the day chosen by the customer - Ohmcool returns the diagnosis report to the customer, an estimate for the repair, an estimate for the return without repair as well as the links allowing the corresponding payment - The customer can choose order the repair or pay the return costs (without repair) - If the customer wishes to order the repair, he just has to pay the amount online - Ohmcool then proceeds with the repair and the validation tests in force - If a new failure (not detected during the first diagnosis) is present, a new diagnosis, free of charge, is carried out by Ohmcool and the second repair is carried out (included in the repair order) - If a third failure is detected, the diagnosis is carried out free of charge, but the repair will be subject to an additional estimate which must be paid by the customer if he wishes the 3rd repair to take place. In order to be able to correctly carry out all the necessary tests on the device, it is advisable to withdraw any PIN codes and / or unlocking codes or communicate them to the point of sale when depositing the device. In the event that a device sent by a customer cannot be tested before the start of the work, the repair intervention will be carried out but any responsibility concerning the tests on the proper functioning of the device before and after the repair will be declined. 3.3. Order confirmation. The order is confirmed and the sale is considered final at the time of payment by the Customer on the website. For services giving rise to the establishment of a preliminary estimate, the order will be confirmed after payment by the Customer. ARTICLE 4 – REPAIR OF EQUIPMENT AND DEADLINES The Device can be repaired at the point of sale or in the workshop. 4.1. Workshop repair. The Device is repaired in the workshop whenever possible. After analysis of the problem and if the repair can be carried out in the workshop, the repair time will be communicated by email as an indication to the Customer according to the affluence of the period. If the Device is not repaired within the aforementioned period, the Service Provider undertakes to inform the Customer to find out whether he wishes to recover the unrepaired Device or whether he wishes to grant additional time to repair the object. . In the event that the Customer wishes to recover the unrepaired Device, he must pay the shipping costs corresponding to the transport provider, his delivery address and the size of the package. 4.3 Impossible Repairs. In the event that Ohmcool fails to repair the Customer's Device, it undertakes to return it to him as is. The Customer will have to pay only the price of the return transport. 4.4 Micro-welding repairs The customer who requests an intervention in micro-welding, must consider this intervention as that of the last chance, in fact, the electronic components of the card being very fragile, it is possible that despite all the precautions of use taken by the technicians to make the equipment functional again, another component fails, and the device cannot be repaired. In this case, Ohmcool would not be held responsible. 4.5 Cases of non-support Repairs affecting equipment not referenced on the website cannot be supported. The return costs will be borne by the customer. ARTICLE 5 – RECOVERY OF THE CUSTOMER'S EQUIPMENT Once the Device has been repaired, the Customer will be informed and a tracking number for the package will be sent to him by email. ARTICLE 6 – PRICES The price of the repair service is indicated on the website in euros excluding and including tax. This price depends on the complexity of the repairs and the intervention time. The Services offered by Ohmcool are provided at the Service Provider's current rates when the order is registered. These prices are firm and non-revisable during their period of validity, as indicated on the website, which reserves the right, outside this period of validity, to modify the prices at any time. They do not include any processing and management fees, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these possible costs. An invoice is drawn up by the Service Provider and given to the Customer when the Services ordered are provided. ARTICLE 7 – CONDITIONS OF PAYMENT The price is payable in cash, in full on the day of the order under the conditions defined herein, according to the following payment methods: By credit card (Visa, MasterCard, American Express, other credit cards) following a secure process. Ohmcool will not be required to provide the Services ordered by the Customer if the price has not been paid in full beforehand under the conditions indicated above. Payments made by the Customer will only be considered final after actual collection of the sums due by Ohmcool. ARTICLE 8 – CONDITIONS FOR REIMBURSEMENT OF SERVICES AND THE DEVICE After each repair, the Service Provider affixes a guarantee sticker in strategic places on the telephone. 8.1. Failure to refund. If the guarantee label is damaged, Ohmcool will not accept any guarantee. The Customer is thus prohibited from opening the device repaired by Ohmcool himself or from entrusting it to another brand. Any intervention external and subsequent to that of Ohmcool may cause damage which will not be covered by the Ohmcool Guarantee, no reimbursement of service or device will take place under these conditions. 8.2. Reimbursement assumptions. In the event that Ohmcool aggravates the initial problem of the Device or in the case of manipulation making it impossible to return the Device to the Customer, for example in the event of loss of the Device by Ohmcool, Ohmcool undertakes to replace the Customer's Device with an equivalent refurbished second-hand device or to exchange an equivalent device. No refund of the Customer's Device at the price of new will be made, nor any standard exchange. 8.3. Refund amount. The amount of the refund will depend on the aesthetic quality of the device when the order that is the subject of the dispute is taken care of. In order to be able to define the amount of the refund, the customer must entrust his device to Ohmcool so that he can carry out an aesthetic diagnosis of the customer's device. This diagnosis must be made in the Workshop. Ohmcool will keep the Customer's Device against delivery of the refund. 8.4. Transfer of a device. The Customer must sign a transfer form for his Device to Ohmcool in order to obtain reimbursement, by which he transfers full and entire ownership of his damaged and/or lost Device to Ohmcool. If Ohmcool finds a lost Device, it will own it and will not return it to the Customer, the Customer having received a refund for his device, and having transferred his Device to him. The Customer acknowledges and accepts that Ohmcool may make any use, manipulation or repair of the transferred Device. He may make any commercial use of it and: Resell it to a third party. Dismantle and sell spare parts. Recycle Device. In any event, the Service Provider will erase all of the data contained in the Client's Device, which the Client acknowledges and accepts. The Customer's data will therefore be permanently deleted from his Device, and the Customer will no longer be able to recover them. The Customer undertakes to deactivate the location function and/or the reactivation function of his Device, if his Device has this function before transferring his Device to the Service Provider. The Service Provider keeps a police register in which he will enter the surnames, first names and contact details of the Customer who has transferred a device to him, as well as information on the Device. The Service Provider keeps this register available to the police and competent authorities. ARTICLE 9 – OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES 9.1. Obligations and liability of Ohmcool. Ohmcool undertakes to inform the Customer of the origin of the breakdown, the nature of the intervention and the parts replaced. Ohmcool undertakes to make its best efforts to provide the Services ordered by the Customer within the framework of an obligation of means and within the deadlines specified above. However, these deadlines are given for information only. If the Services ordered have not been provided within 30 days after the indicative date specified, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for by article L 216-2 of the Consumer Code. 9.2. Customer Obligations and Liability. 9.2.1. Under the execution of the present. The Customer guarantees to Ohmcool the veracity of the information communicated when placing the order, in particular when creating his account, and undertakes to update the data concerning him with the Service Provider, so that they are always true. . The Customer guarantees to be the owner of the Device brought in for repair and that he has acquired it on a regular basis, in particular that it is not a stolen object or obtained fraudulently. The Customer also warrants that he is an adult natural person, over the age of eighteen (18), and has full legal capacity to sign this contract. The Customer acknowledges and accepts that the Device he sends for repair may still be under manufacturer's or seller's warranty and could be repaired free of charge by the latter, while the repair carried out by Ohmcool is chargeable. Consequently, the Customer acknowledges and accepts that the intervention of Ohmcool is likely to lead to a breach of the warranty of the manufacturer, the builder (12 months) and/or the seller of the Device. Ohmcool cannot take responsibility for this. The Customer agrees to receive all information concerning the Service, the ticket (“invoice”) and more generally the execution of these general conditions by e-mail. The Customer acknowledges that by paying for his order on the website, he acknowledges having read the contract and accepts these general conditions without reservation. Before sending a Device for repair, the Customer undertakes to have backed up all the data stored in his Device, in order to be able to recover them in the event of accidental loss or accidental destruction of data stored in the Customer Device. Ohmcool cannot be held responsible for the loss of data for which the customer has not made a prior backup. 9.2.2 For default of payment and non-collection of his device. In the event that an order has been paid for online but actual payment to Ohmcool has not taken place, the holder of the point of sale concerned will send a formal notice to the address provided by the customer by email. Without response beyond thirty (30) days after the date of sending the email, Ohmcoola, at its discretion, decide to act for the payment of the amount due or, to proceed with the conservation and/or the sale of the device in order to recover the costs incurred for any interventions carried out. In the event that the customer proceeds to the payment of the intervention requested on his device but does not make the payment necessary for the return of the device, the Service Provider will send an email to the address provided by the customer at the time order registration. Beyond 30 (thirty) days after the date of sending the email, the device concerned will be considered abandoned and therefore, Ohmcool will dispose of it in accordance with the standards in force and may sell it through a private or public sale, with the aim of recovering on this sale the debt linked to the custody of the device. ARTICLE 10 – GUARANTEES 10.1. Legal warranties. Ohmcool is liable for lack of conformity (i) of the spare parts used by it to repair the Device (ii) or of the replacement device given to the Customer, under the conditions of article L. 217-4 et seq. of the consumer code, and hidden defects under the conditions provided for in articles 1641 and following of the civil code. Legal guarantee of conformity Article L217-4 of the Consumer Code The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L217-5 of the Consumer Code The good complies with the contract: If it is suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. Article L217-6 of the Consumer Code The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them. Article L217-7 of the Consumer Code The lack of conformity which appears within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. Article L217-8 of the Consumer Code The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. Article L217-9 of the Consumer Code In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. Article L217-10 of the Consumer Code If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. Article L217-11 of the Consumer Code The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. Article L217-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article L217-13 of the Consumer Code The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. Article L217-14 of the Consumer Code The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the Civil Code. Warranty against hidden defects Article 1641 of the Civil Code The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not use it. would not have acquired, or would have given only a lesser price, if he had known them. Article 1642 of the Civil Code The seller is not liable for apparent defects of which the buyer has been able to convince himself. Article 1642-1 of the Civil Code (not reproduced) Article 1643 of the Civil Code He is liable for hidden defects, even if he would not have known of them, unless, in this case, he has stipulated that he will not be obligated to any warranty. Article 1644 of the Civil Code In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned. Article 1645 of the Civil Code If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer. Article 1646 of the Civil Code If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale. Article 1646-1 of the Civil Code (not reproduced) Article 1648 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 case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. Article 1649 of the Civil Code It does not take place in sales made by authority of justice. Since the Service Provider is not the manufacturer of the parts used to repair the Device or of the replacement, the provisions relating to defective products are inapplicable to it and it cannot be held liable in the event of defective products. Only the manufacturer will be responsible, and only the manufacturer's guarantees will apply. 10.2. Guarantees of the Service Provider's repairs. The Service Provider guarantees the repairs carried out by it for a period of 30 days, from the date of the repair of the Device, except by the Customer or a third party. This warranty does not cover: Software problems which are the responsibility of the software publishers; Malfunctions related to third-party interventions, Accidents or shock (Breakage); Voluntary damage; Damage caused by water (including oxidation), fire, humidity, lightning, earthquake, or any other external causes; Consumable parts, such as batteries, except legal warranties; Traces of scratches, of removed paint, Damage caused by normal wear and tear of the device including defects apparent at the time of purchase; Damage caused by the use of the device with any other devices or components; Malfunctions caused by maintenance of the device carried out by a third party; Damage caused by attempted repair; Jailbroken or rooted devices or using firmware different from that provided by the manufacturer; Damage not related to the initial repair of the device. The warranty period is mentioned on the customer's invoice / receipt. Ohmcool declines all responsibility in the case of repairs on devices rated IP67, IP68 or higher, concerning the capabilities and underwater functions of the latter, the waterproofness of the device having been compromised by the breakage caused by the customer. To assert his warranty, the customer must keep the proof of purchase (invoice, receipt). Ohmcool's guarantee is limited to the reimbursement of the Services actually paid for by the Customer and Ohmcool cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law. 10.3. Loss of warranty. In addition to the cases cited herein, Ohmcool recalls that an intervention on the customer's device will end the manufacturer's warranty if the device is still under manufacturer's warranty (12 months). Ohmcool would not be held responsible for it and the customer could not claim any intervention under the cover of the guarantee, other than the intervention which was carried out by Ohmcool. When the repair or the replacement device is no longer under warranty, any repair or replacement of parts will be chargeable. ARTICLE 11 – REPLACEMENT DEVICE Ohmcool cannot provide a replacement device. It is reminded that the granting of guarantees assumes that the Customer uses his Device or the replacement device in the normal way, that is to say in accordance with the instructions for use and maintenance of the parts, only not fall, and that no third party not approved by the Service Provider intervenes to carry out repairs on the replaced parts or on the replacement device. Customers are therefore invited to read the instructions for use carefully. ARTICLE 12 – SPARE PARTS Ohmcool, in accordance with the provisions of article L.111-4 and D.111-4 of the Consumer Code, displays on its website information relating to the period during which, or from the date until at which, the spare parts essential to the use of the goods are available on the market when this information has been transmitted to it by the manufacturer or the importer of the products object of the repair. In accordance with the provisions of article L.111-4 and D.111-4 of the Consumer Code, Ohmcool undertakes to have the essential spare parts for 30 days after the repair, provided that the manufacturer or importer has provided a supply of spare parts. ARTICLE 13 – ABSENCE OF RIGHT OF WITHDRAWAL The Customer does not have a right of withdrawal for the provision of services concluded on the website. If the customer wishes to recover his device, after having entrusted it to Ohmcool, while that -it has not yet carried out the repairs requested, the amount of the diagnosis will still be invoiced and the return costs will be due. ARTICLE 14 – EXCEPTION OF NON-PERFORMANCE Pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even when it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance. The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of default sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party will not have remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch. This non-performance exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent upon it on the due date and that the consequences of this non-performance are sufficiently serious for the Party victim of the default. This option is used at the risk and peril of the Party taking the initiative. The suspension of performance will take effect immediately, upon receipt by the allegedly defaulting Party of the notification of the intention to apply the preventive non-performance exception until the allegedly defaulting Party performs the obligation for which a future breach is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch. ARTICLE 15 – FORCE MAJEURE The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, at the meaning of Article 1218 of the Civil Code, i.e. an event beyond the control of the debtor, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures. By express agreement, constitutes a case of force majeure, total or partial strikes, internal or external to the company, in particular postal services, road, maritime, air transport, any malfunction of postal services, road transport, maritime or air, lockouts, bad weather, epidemics, earthquake, fire, storm, flood, water damage, blockage or malfunction of means of telecommunications, blockage or malfunction of the Internet, governmental or legal restrictions, legal or regulatory changes to forms of commercialization, pandemics. The Party noting the event must immediately inform the other Party of its impossibility to perform its service and justify it to the latter. The suspension of the obligations can in no case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or late payment penalties. The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 45 days. Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or by email. If the impediment is final, the contract is automatically terminated. ARTICLE 16 – CONVENTION OF PROOF The Customer acknowledges and accepts that the information contained in the computer systems of Ohmcool and its partners have the same probative force as paper documents, with regard to the placing of the order by the Customer and the acceptance of these general conditions. The archiving of these general conditions, orders and invoices is carried out on a reliable and durable medium that can be produced as proof. ARTICLE 17 – PERSONAL DATA The Customer is informed that the personal data he provided when creating his account to place an order are processed by the Service Provider for administrative and commercial management purposes and for make statistics. This processing has been declared to the National Commission for Computing and Liberties (CNIL). The Service Provider reserves the right to transfer personal data to third parties for commercial prospecting purposes, if the Client has given his consent for this purpose. In accordance with the "Informatique et Libertés" Law, the Customer has a right to access, rectify and delete data concerning him, by sending a written request to this effect to the address of the head office of Ohmcool or by email. firstname.lastname@example.org. The Customer is invited to update with Ohmcool the data concerning him which is inaccurate, incomplete or obsolete. When creating his account, the Customer must in particular enter his telephone number. The Customer is informed that he can register on a list of opposition to canvassing with the organization responsible for managing the list of opposition to canvassing. ARTICLE 18 – INTELLECTUAL PROPERTY Ohmcool remains the owner of all intellectual property rights in the studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to providing the Services to the Customer. The Customer is therefore prohibited from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of Ohmcool, which may condition it on financial consideration. ARTICLE 19 – NULLITY OF A CLAUSE OF THE CONTRACT If one of the provisions of this Contract were cancelled, this nullity would not result in the nullity of the other provisions of the Contract which will remain in force between the Parties. ARTICLE 20 – INDEPENDENCE OF THE PARTIES None of the parties can make a commitment in the name and/or on behalf of the other Party. Furthermore, each of the Parties remains solely responsible for its claims, commitments, services and personnel. ARTICLE 21 – NON-WAIVER The fact for one of the Parties not to take advantage of a failure to perform one of the obligations incumbent on the other party and referred to herein, cannot be interpreted for the future as a waiver of the obligation in question. ARTICLE 22 – PRIMACY These General Conditions constitute the entire agreement between the parties, and prevail over any other document or contract whatsoever, or over any agreement between the parties not provided for herein. Exceptionally, an agreement by amendment may supplement these General Conditions if this amendment is written and signed by the Parties. ARTICLE 23 – APPLICABLE LAW – LANGUAGE These General Conditions of Sale and the resulting transactions between Ohmcool and the Customer are governed by and subject to French law. These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. ARTICLE 24 – SETTLEMENT OF DISPUTES Before any legal action, the parties must seek an amicable solution. This condition may be satisfied by any convincing written means, in particular by formal notice addressed to the party in question, by registered letter with acknowledgment of receipt and which has remained without effect after 15 days. All disputes to which the operations for the Provision of Services concluded pursuant to these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their resolution, their consequences and their consequences and which could not have been resolved amicably between the Seller and the Customer, will be submitted to the competent courts under the conditions of common law. The Customer is informed that he can in any case resort to conventional mediation. In case of persistence of a dispute, the French rules of common law will be applicable. The Buyer will have the possibility, before any legal action, to seek an amicable solution, with a mediation service or in particular with the help of a consumer association or any other counsel of his choice. Please find below the list of consumer mediators: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references You will find below the url for online dispute resolution at European level: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR The Buyer must follow the referral procedure to the mediator detailed on the website of this last. A dispute cannot be examined by the consumer mediator when: The Buyer does not justify having tried, beforehand, to resolve his dispute directly with Smartphone Repairers by means of a written complaint; The request is manifestly unfounded or abusive; The dispute has previously been or is being reviewed by another mediator or by a court; The consumer has submitted his request to the mediator within a period of more than 1 (one) year from his written complaint to Ohmcool; The dispute does not fall within the jurisdiction of the mediator. ARTICLE 25 - PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE CUSTOMER The Customer acknowledges having been informed, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and all the information listed in article L.221-5 of the Consumer Code and in particular the following information: the essential characteristics of the Service; the price of the Services and related costs (delivery, for example); in the absence of immediate execution of the contract, the date or the deadline on which Ohmcool undertakes to provide the Services ordered; information relating to the identity of Ohmcool, its postal, telephone and electronic contact details, and its activities, if these are not apparent from the context; information relating to legal and contractual guarantees and their implementation methods; the functionalities of the digital content and, where applicable, its interoperability; the possibility of resorting to conventional mediation in the event of a dispute. The fact for a natural (or legal) person to make an immediate purchase or to order a Service implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against Ohmcool.