Legal notice

Preamble
The present general sales conditions apply to all sales concluded on the website https://blackviewshop.de.
The Blackview website is a service of:
ONECLICMOBILE
located at 27, Boulevard d’Arras, 13004 Marseille, France,
The customer declares that they have read and accepted the general sales conditions before placing their order. The confirmation of the order thus signifies acceptance of the general sales conditions.
Definitions
Buyer: the person who orders the product
Seller: the company ONECLICMOBILE
Parties: the buyer and the seller
Product: the technical device or good offered for sale on the website https://blackviewshop.de/ that the buyer can order.
User: the person who accesses and browses the website https://blackviewshop.de/ without making a purchase, regardless of their status (private or professional), location, connection methods to the Blackview website, purpose, and objective of their access to the Blackview website.
Article 1 – Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is considered to accept them unreservedly.
The present general sales conditions apply to the exclusion of all other conditions, especially those applicable to sales in-store or through other distribution and marketing channels.
They are accessible on the Blackview website and, if necessary, take precedence over any other version or contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify their general conditions from time to time. They are applicable as soon as they are published online.
If a sales condition is missing, it will be considered to be governed by the practices in force in the distance selling sector, whose companies are headquartered in France.
Article 2 – Content
The present general conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer on the Blackview website.
These conditions only concern purchases made on the Blackview website and delivered exclusively to mainland France and overseas, Corsica, and Europe.
These purchases concern the following products: technological products.
Article 3 – Pre-contractual Information
The buyer acknowledges having been informed in a clear and understandable manner of the present general sales conditions and all the information listed in Article L. 221-5 of the Consumer Code before placing their order and concluding the contract.
The buyer is clearly informed of the following:
the essential characteristics of the good;
the price of the good and/or the method of calculating the price;
and, if applicable, all additional transport, delivery, or postage costs and any other possible costs.
for non-immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the good, regardless of its price;
information on the seller's identity, postal, telephone, and electronic contact details, and their activities, legal guarantees, functionalities of digital content, and, where applicable, its interoperability, the existence and terms of implementing guarantees and other contractual conditions.
Article 4 – The Order
The buyer has the opportunity to place their order online, from the online catalog, and using the form provided for each product, within the available stocks.
The buyer is informed of any unavailability of the ordered product or good.
To confirm the order, the buyer must accept the present conditions by clicking at the indicated place. They must also choose the delivery address and method and finally validate the payment method.
The sale will be considered final:
after sending the order acceptance confirmation by the seller via email to the buyer;
and after the seller receives the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the warranties mentioned below.
In certain cases, especially non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer must contact Support.
Article 5 – Electronic Signature
The online provision of the buyer's credit card number and the final validation of the order will be considered proof of the buyer's agreement:
to the amounts due under the order form,
signature, and express acceptance of all transactions carried out.
In the event of fraudulent use of the credit card, the buyer is invited to contact Support after noticing this use.
Article 6 – Order Confirmation
The seller provides the buyer with a copy of the contract via email.
Article 7 – Proof of Transaction
The computer registers kept in the seller's computer systems under reasonable security conditions will be considered proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, should errors or omissions occur in this presentation, the seller's responsibility cannot be engaged.
The product photos are not contractual.
Article 9 – Price
The seller reserves the right to change their prices at any time but undertakes to apply the rates in force at the time of the order, subject to availability at that time.
Prices are indicated in Euros. They do not include additional delivery costs, which are invoiced in addition and indicated before the order is confirmed. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
Should one or more taxes or contributions, particularly environmental contributions, be created or modified, either up or down, this change may be reflected in the sale price of the products.
Article 10 – Payment Method
This is an order with an obligation to pay, which means that placing the order requires payment from the buyer.
To pay for their order, the buyer may choose any of the payment methods offered by the seller and listed on the seller's website. The buyer guarantees the seller that they have the necessary authorizations to use the chosen payment method when validating the order form. The seller reserves the right to suspend any order management and delivery in the event of refusal of payment authorization by officially accredited organizations or non-payment. The seller particularly reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.
Payment of the price is made in full on the day of the order, according to the following methods: by credit card and PayPal.
Article 11 – Product Availability – Refund – Withdrawal
Except in cases of force majeure or during the periods clearly announced on the website's homepage, the shipping times, within the limits of available stocks, are as indicated below. Shipping times start from the date of order confirmation indicated in the confirmation email.
For deliveries to mainland France and Corsica, the period is 3 days from the day following the buyer's order, according to the following methods: LA POSTE Colissimo, Chronopost. At the latest, the period is 30 working days after the conclusion of the contract.
For deliveries to French overseas territories or another European Union country, the delivery methods will be specified to the buyer on a case-by-case basis when placing the order.
In the event of non-compliance with the agreed delivery date or period, the buyer must, before terminating the contract, request the seller to perform it within an additional reasonable period.
If this new period is not met, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by written communication on another durable medium.
The contract will be considered terminated upon receipt by the seller of the buyer's notification of withdrawal unless the seller has meanwhile fulfilled.
The buyer may, however, terminate the contract immediately if the above dates or periods constitute an essential contractual condition for them.
In this case, the seller is obliged to refund the buyer all sums paid, at the latest within 14 days from the date of termination of the contract.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their order. The buyer will then have the option to request a refund of the sums paid within 14 days of their payment or to exchange the product.
Article 12 – Delivery Methods
Delivery means the physical transfer of possession or control of the good to the consumer. The ordered products are delivered according to the methods and period specified above.
The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any item returned to the seller due to an incorrect or incomplete address will be reshipped at the buyer's expense. The buyer can, on request, have an invoice sent to the billing address and not to the delivery address by selecting the appropriate option on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, allowing the package to be collected from the indicated place and within the specified period.
If upon delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations with their signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products…).
This verification is considered to have been carried out once the buyer or a person authorized by them has signed the delivery slip.
The buyer must then confirm these reservations to the carrier by registered letter within two business days of receiving the item and send a copy of this letter by fax or simple letter to the seller at the address indicated in the website's legal notices.
If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made after this period will not be accepted. The return of the product will only be accepted if the products are returned in their original state (packaging, accessories, instructions…).
Article 13 – Delivery Errors
The buyer must submit any claims to the seller on the day of delivery or at the latest on the first business day following the delivery regarding any delivery error and/or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made after this period will be rejected.
The claim can be made by contacting Support.
Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the concerned product(s) and communicate it to the buyer via email. Product exchange can only take place after assigning an exchange number.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned in full and in its original packaging by registered mail to the following address: 27, Boulevard d’Arras, 13004 Marseille, France.
The return shipping costs will be borne by the seller.
Article 14 – Product Warranty
Legal Warranty of Conformity and Legal Warranty for Hidden Defects
Blackview guarantees the conformity of the goods with the contract, allowing the buyer to submit a request under the legal warranty of conformity provided for in Articles L. 217-4 and following of the Consumer Code or the warranty for hidden defects provided for in Articles 1641 and following of the Civil Code. In the event of a claim under the legal warranty of conformity, it is recalled that:
the buyer has a period of 2 years from the delivery of the goods to act;
the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
the buyer is exempt from proving the non-conformity of the goods during the first 24 months following the delivery of the goods.
Furthermore, it is recalled that:
the legal warranty of conformity applies independently of any commercial warranty granted;
the buyer can decide to implement the warranty against hidden defects of the sold item under Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Commercial Warranty
The products sold are also covered by a commercial warranty ensuring their conformity and guaranteeing the refund of the purchase price, exchange, or repair of the goods. It does not cover defects caused by abnormal or improper use or by a cause external to the intrinsic qualities of the products.
Article 15 – Right of Withdrawal
Exercise of the Right of Withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs, which are borne by the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions…) to allow their re-commercialization in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be taken back.
The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, the seller will immediately communicate an acknowledgment of receipt on a durable medium. Any other form of withdrawal declaration is accepted. It must be unambiguous and express the will to withdraw.
In the event of exercising the right of withdrawal within the above-mentioned period, the price of the purchased product(s) and the delivery costs will be refunded.
The return shipping costs will be borne by the buyer.
The exchange (subject to availability) or refund will be made within 14 days, at the latest, within 14 days of the seller receiving the returned products from the buyer.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
for the delivery of goods whose price depends on fluctuations in the financial market that are beyond the entrepreneur's control and which may occur during the withdrawal period;
for the delivery of goods made to the consumer's specifications or clearly personalized;
for the delivery of goods that are likely to deteriorate or expire rapidly;
for the delivery of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons;
for the delivery of goods which, after delivery, are inseparably mixed with other items due to their nature;
for the delivery of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which was agreed upon at the conclusion of the contract but depends on market fluctuations beyond the entrepreneur's control;
for urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by the consumer, limited to the necessary spare parts and work to meet the urgency;
for the delivery of audio or video recordings or computer software that has been unsealed by the consumer after delivery;
for the delivery of newspapers, periodicals, or magazines, except for subscription contracts for such publications;
for the delivery of digital content not supplied on a tangible medium, the execution of which has begun after the consumer's prior express consent and waiver of his right of withdrawal.
Article 16 – Force Majeure
Any circumstances beyond the control of the parties that prevent the normal performance of their obligations shall be regarded as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above circumstances must immediately inform the other party of their occurrence and of their disappearance.
Expressly considered as cases of force majeure or fortuitous events are those usually recognized by French jurisprudence and the following: lightning, failure of telecommunications networks, or difficulties with external telecommunications networks of customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts more than three months, the present general conditions may be terminated by the disadvantaged party.
Article 17 – Intellectual Property
The content of the website remains the property of the seller, the sole holder of intellectual property rights to this content.
Buyers agree not to use this content; any total or partial reproduction of this content is strictly prohibited and may constitute a violation of copyright.
Article 18 – Data Protection and Freedom
The personal data provided by the buyer is necessary to process their order and to issue invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.
The processing of information transmitted through the Blackview website has been declared to the CNIL.
The buyer has the right to access, modify, rectify, and oppose information concerning them at any time. This right can be exercised under the conditions and according to the methods defined on the Blackview website.
Article 19 – Partial Invalidity
If any provision of these general conditions is invalidated or declared invalid by a law, regulation, or final decision of a competent court, the remaining provisions will retain their full force and scope.
Article 20 – Waiver
The failure of one of the parties to enforce a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 21 – Titles
In the event of interpretation difficulties between any of the clause titles and any of the clauses themselves, the titles shall be declared nonexistent.
Article 22 – Contract Language
These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 – Mediation
In the event of a dispute, the buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution method (e.g., conciliation).
Article 24 – Applicable Law
These general conditions are subject to French law. The competent court is the court of first instance for disputes with a value of up to €10,000 or the district court for disputes with a value of more than €10,000.
This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer will first refer to the seller to seek an amicable solution.
Annexes
Consumer Code
Article L. 217-4: "The seller delivers a good in conformity 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, assembly instructions, or installation when it was made his responsibility by the contract or was carried out under his responsibility."
Article L. 217-5: "The good is in conformity with the contract:
1° If it is suitable for the purpose usually expected of a similar good and, where appropriate:
if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
if it possesses the qualities that a buyer might legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller, and accepted by the latter."
Article L. 217-6: "The seller is not bound by public statements made by the producer or his representative if it is established that he was not aware of them and could not reasonably be expected to be aware of them."
Article L. 217-7: "Conformity defects that appear within twenty-four months from the delivery of the good are presumed to exist at the time of delivery unless proven otherwise. For used goods, this period is six months. The seller can rebut this presumption if it is inconsistent with the nature of the good or the claimed lack of conformity."
Article L. 217-8: "The buyer has the right to require the conformity of the good with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates from materials supplied by the buyer himself."
Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if that choice entails manifestly disproportionate costs compared to the other method, considering the value of the good or the significance of the defect. In such a case, the seller is required to proceed, where possible, according to the method not chosen by the buyer."
Article L. 217-10: "If repair and replacement of the good are impossible, the buyer can return the good and be reimbursed for the price or keep the good and receive part of the price back. This same option is available: 1° If the solution requested, proposed, or agreed upon under Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience to the buyer, considering the nature of the good and the use he seeks. The sale may not, however, be rescinded if the lack of conformity is minor."
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without any cost to the buyer. These provisions do not preclude the award of damages.
Article L. 217-12: "The action resulting from the lack of conformity is prescribed two years from the delivery of the good."
Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractually or extra-contractually recognized action."
Article L. 217-14: "The recourse may be exercised by the end-seller against successive sellers or intermediaries and the producer of the movable good according to the principles of the Civil Code."
Article L. 217-15: "The commercial guarantee is any contractual commitment of a professional towards the consumer to refund the purchase price, replace or repair the good, or provide any other service related to the good, in addition to his legal obligations to ensure the conformity of the good.
The commercial guarantee is subject to a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the conditions of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor.
In addition, it is clearly and precisely stated that, irrespective of the commercial guarantee, the seller remains bound by the legal guarantee of conformity as stated in Articles L. 217-4 to L. 217-12 and the guarantee against hidden defects as stated in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract.
Non-compliance with these provisions does not affect the validity of the guarantee. The buyer is entitled to rely on it."
Article L. 217-16: "When the buyer requests a repair covered by the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, any period of immobilization of at least seven days shall be added to the remaining duration of the guarantee.
This period runs from the buyer's request for intervention or the provision for repair of the good in question, if this provision is subsequent to the request for intervention."
Civil Code
Article 1641: "The seller is bound to a warranty against hidden defects of the sold item that render it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, had he known them."
Article 1648: "An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought within one year from the date on which the seller can be relieved of apparent defects or lack of conformity."