BIP&GO is one of France's leading distributors of Liber-t electronic toll badges. Within the framework of its activities, BIP&GO aims to promote sustainable mobility services, in particular electric charging solutions for electric vehicles. With this in mind, the Recharge Card gives Customers the possibility of starting and ending a Charging session at a Compatible Terminal.
The Recharge Card is provided by BIP&GO.
The issuing, activation and use of the Recharge Card are subject to these general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale" or "GTCS").These General Terms and Conditions of Sale apply to the provision of all Recharge Cards. When Customers order a Recharge Card, this implies their unreserved acceptance of these General Terms and Conditions of Sale.
BIP&GO, a simplified joint-stock company with a share capital of €1,000,
Registered with the Nanterre Trade and Companies Register (RCS) under number 750 535 288,
Whose registered office is located at 30 Boulevard Gallieni 92130 Issy-les-Moulineaux, France.
The Publishing Director is Vincent FANGUET in his capacity as the permanent representative of the Chairman of BIP&GO.
These General Terms and Conditions of Sale (hereinafter the "GTCS") govern the issuing of Recharge Cards to Customers by BIP&GO, as well as the activation and use of said Recharge Card by Customers.
The following terms, whether used in the singular or plural form in this document, shall always have the following definitions:
"Application": Refers to the BIP&GO "Your travel companion" mobile application, as defined in Article 2 "Definitions" of the General Terms and Conditions of Use (GTCU), via which the Charging Service is provided.
Be:Mo: A simplified joint stock company (SAS) with a share capital of €5,500,000, registered with the Nanterre Trade and Companies Register under number 823 647 060, whose registered office is located at 110 Esplanade du Général de Gaulle 92400 COURBEVOIE - France, which provides the Charging Services in accordance with the Be:Mo GTCS, and whose Charging Service Offers are specified on the Platform.
"Terminal": Refers to a charging point for electric vehicles
"Compatible terminal: Refers to a Terminal whose charging services can be accessed and paid for using the Recharge Card.
"Recharge Card": Refers to the name-specific, personal card linked to the Customer's BIP&GO account, and whose activation and use are subject to the General Terms and Conditions of Sale available at the following address: https://www.bipandgo.com/cgv-recharge/. This Recharge Card is used to start and end electric charging sessions at Compatible Terminals. It is hereby specified that the geographical scope of use of the Recharge Card is as follows: France, Netherlands, Belgium, Luxembourg.
"Customer": For the purposes of these General Terms and Conditions of Sale, the Customer is a natural person who is a BIP&GO subscriber that holds a Liber-t electronic toll badge or a subscriber to the Electric + Offer, to whom BIP&GO issues a Recharge Card.
"Order": Refers to the purchase of a Recharge Card. Customers may place an order via the website or the Application. Any delivery charges are included in the price paid for the Order.
"Customer Account": Refers to the BIP&GO customer account via which the Customer accesses the Services.
"General Terms and Conditions for Customers": Refers to the general terms and conditions for customers concerning the Electric Vehicle Charging feature; these are available at the following address on the BIP&GO website: General Terms and Conditions for Customers - Charging (bipandgo.com).
"Personal Data": Refers to any information relating to an identified or identifiable natural person (hereinafter "data subject"); an "identifiable natural person" is a person who can be identified, directly or indirectly, notably by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors that are specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
"Electric + Offer": Refers to the offer that is described in detail at the following address on the BIP&GO website: Subscription to Electric + Electronic Toll Payment | Bip&Go Electric Vehicles (bipandgo.com)
"Charging": Refers to the electric charging session of a Vehicle at a Terminal belonging to a Charging Station Operator who is part of the Be:Mo partner network.
"Services": Refers to all the services accessible via the Application that BIP&GO undertakes to provide to Customers, including the consultation of their customer account, locating a Charging Station for an Electric Vehicle and carrying out a Charging session with Be:Mo and its network of Charging Station Operators.
"Electric vehicle" or "Vehicle": Refers to any private vehicle owned by the Customer (passenger car, commercial vehicle), as well as two-wheelers (bicycles, scooters, motorbikes), and their accessories (including, in the case of electric vehicles, certified equipment for connecting and recharging the vehicle, notably connection cables).
The Recharge Card is provided to the Customer, subject to the Customer's acceptance of and compliance with these GTCS.
Customers hereby acknowledge that they have read these GTCS, fully understood them and fully accept all of their provisions, with no restrictions or reservations.
These GTCS shall apply throughout the period during which the Recharge Card is made available by BIP&GO and used by the Customer. BIP&GO reserves the right to modify and/or update the GTCS at any time and without prior notice. The Order and the use of the Recharge Card shall be subject to the GTCS in force at the time the Order was placed and/or the Recharge Card used.
Any breach of these GTCS shall entitle BIP&GO to refuse the future supply of a Recharge Card to the Customer responsible for the breach in question, without prejudice to any compensation that may be claimed by BIP&GO from that Customer.
With this in mind, it is strictly forbidden to use the Recharge Card for the following purposes:
To conduct illegal or fraudulent activities or activities that infringe upon the rights or safety of third parties,
To undermine public order or break the laws and regulations in force,
To hack into a third party's computer system or carry out any activity that could harm, interfere with, intercept or take control of all or part of a third party's computer system, or violate its integrity or security,
And, generally, to use the Recharge Card for any purposes other than those for which it was designed.
It is also strictly prohibited to:
Engage in any behaviour that may interrupt, suspend, slow down or prevent the continuity of the Services,
Hack into or attempt to hack into BIP&GO's systems,
Breach or attempt to breach the security and authentication measures,
Carry out any act that may be prejudicial to the financial, commercial or moral rights and interests of BIP&GO or other Customers,
Use the Recharge Card for commercial purposes, in particular the resale of Charging services,
As a general rule, any failure to comply with these GTCS is forbidden.
The Recharge Card shall remain the property of BIP&GO, and Customers expressly acknowledge this fact.
Customer shall only use the Recharge Card in line with the provisions of these GTCS.
The Recharge Card cannot be used as proof of the Customer's identity.
Customers may order a personal, name-specific Recharge Card via their Customer Account, on the BIP&GO website or in the Application, or as part of the Electric + offer, if they have subscribed to the latter.
BIP&GO shall be free to refuse a Recharge Card Order for legitimate reasons, such as the termination of a previous contract by BIP&GO due to fraud or non-payment of an invoice by the person concerned. As regards Orders made within a professional framework, BIP&GO may carry out a preliminary study of the customer-related risk, after which it will decide whether or not to accept the Order for a Recharge Card. BIP&GO may carry out certain preliminary checks and reserves the right to refuse any Order for a Recharge Card, if the address to which the Recharge Card is to be sent is unknown, non-permanent or incorrect. In this case, the Order shall be automatically cancelled and no money will be debited from the bank account concerned. BIP&GO reserves the right to request additional proof concerning the address linked to an Order or additional Order for a Recharge Card.
Before placing an Order for a Recharge Card, Customers must ensure that they are fully entitled to hold the card (legal capacity, majority, etc.).
The different stages of the Order process are described in the Customer Account throughout the Order process. Customers undertake to fill in all the mandatory fields required for the issuing of a Recharge Card. The information provided by Customers once their Recharge Card Order has been validated is deemed to be accurate, sincere, complete and up-to-date.
By validating their Order in the store and then ticking the box "I hereby declare that I have read and accept the General Terms and Conditions of Sale for the Electric Recharge Card", Customer irrevocably and unreservedly accept the Order and these General Terms and Conditions of Sale.
An email confirming the Order – containing details of the Order, the essential information provided by the Customer and the Customer's billing number – will be sent to the email address provided during the Order process. In addition, Customers will be able to check the progress of the Order via the Application, in the dedicated area.
Customers must ensure that the contact details they provide when placing an Order are correct. These details will enable them to receive confirmation of their Order and to receive the Recharge Card that has been ordered. Customers are solely responsible for ensuring that the information provided is correct.
The Recharge Card ordered will be sent directly to the postal address provided by the Customer concerned when placing the Order. The delivery shall take place within a maximum of thirty (30) days from the date of the Order.
By activating their Recharge Card, Customers shall be deemed to have duly received their Card and therefore they shall expressly waive their right to cancel the Order on the basis of a delay in the Card's delivery.
Customers should note that they have the option of cancelling their Order in accordance with the provisions of Article L. 216-6 of the French Consumer Code in the event the stated delivery deadline has been exceeded and after having instructed BIP&GO to send the Recharge Card by registered post with acknowledgement of receipt within a reasonable time-frame, and the delivery has still not been made within that reasonable time-frame.
The price of the Recharge Card is indicated in Euros, with all taxes included. It includes VAT and any additional charges (e.g. transaction fees) that may apply on the day of the Order. The price can be consulted on the Order summary, before payment. If any taxes are created or modified, whether increased or decreased, these changes may be reflected in the sales prices for the Recharge Card.
Any order for a Recharge Card placed between the 1st and the last day of the month in progress, in accordance with the process detailed in Article 6.1 above, shall be included in the invoice for the following month.
The Recharge Card will be invoiced to the Customer by BIP&GO as part of his/her BIP&GO subscription.
The Recharge Card is noted on the BIP&GO invoice under the heading "Recharge Card".
The Recharge Card is inactivated when delivered to Customers. The Recharge Card must be activated before it can be used by Customers. The activation process – which Customers must carry our via the Application – and the activation code required for the aforementioned process are specified in the letter accompanying the Recharge Card when it is delivered.
Only one Recharge Card may be activated per Customer Account at any one time.
Customers can deactivate their Recharge Card in the Application, by following the procedure described at the following address: https://www.bipandgo.com/aide/application-mobile/carte-recharge-electrique/
If a Customer deactivates his/her Recharge Card in accordance with the aforementioned process, he/she shall ensure the Recharge Card concerned is destroyed, and certify this fact to BIP&GO upon request.
The Recharge Card is a tool that enables Customers to:
identify themselves and then start a Charging session at a Compatible Terminal, by placing the Recharge Card in front of the RFID reader of the Compatible Terminal in question;
end a Charging session by placing the Recharge Card once again in front of the RFID reader of the aforementioned Compatible Terminal;
Each Recharge Card is personal, name-specific and associated with a single Customer Account, belonging to one and the same Customer.
The use of a Recharge Card by any person other than the designated Customer is strictly prohibited.
Customer must always take care to protect their Recharge Card, keep it in their possession, and never leave it unattended or under the control of a third party, particularly after a Charging session.
BIP&GO cannot be held responsible for a Customer's negligence, under any circumstances. Customers shall be liable for any fraudulent use of their Recharge Card and/or Customer Account. Customers shall be responsible for each Charging session carried out.
As a general rule, any login, Order, use or transmission of data made by Customers from their Customer Account and/or their Recharge Card shall be deemed to have been made by the Customer concerned or, if applicable, by their agents, and under their full responsibility.
Customers must cooperate fully with BIP&GO, and if necessary with the competent authorities, in the event of an investigation into a Charging session or any other use of their Recharge Card and Customer Account.
The Recharge Card remains the property of BIP&GO. As such, BIP&GO may decide to withdraw and/or replace it in the event of the cancellation of the General Terms and Conditions of Sale by BIP&GO, fraud, the alteration or counterfeiting of the Recharge Card or its incompatibility with any upgrades made to the Services.
If the Recharge Card experiences a technical failure, BIP&GO shall replace it free of charge as soon as possible. After verification, if the failure can be attributed to the Customer concerned, the latter must order a new Recharge Card, in accordance with the process detailed in Article 6.1.
Customers may not rent or sell the Recharge Card. In the event of non-compliance with this provision, these GTCS shall be terminated immediately.
Customers may only block the use of the Recharge Card in the event of its theft or loss.
Customers must immediately declare they wish to block the Card's use by providing all the information requested on the relevant page of the Application.
The Recharge Card will be rendered invalid within twenty-four (24) hours of receipt of the aforementioned declaration.
Until the Customer concerned has duly requested their Card be blocked, he/she must pay for all the Charging sessions carried out prior to that.
BIP&GO cannot be held responsible in any way for any unauthorised Charging sessions, except those carried out after the Customer concerned has requested the blocking of the Card, subject to the Customer's good faith. Under no circumstances shall BIP&GO be required to reimburse any sums debited in this situation.
Under no circumstances shall BIP&GO bear the burden of proving any unauthorised use of a Customer's Recharge Card.
BIP&GO cannot be held responsible for the consequences of a request to block the use of a Recharge Card made by someone other than the Customer concerned or their authorised representative. The Customer concerned may then place a new Order for a Recharge Card, in accordance with these General Terms and Conditions of Sale.
If the Customer concerned recovers the Recharge Card that has been declared lost or stolen, he/she must destroy it, in accordance with Article 6.4 above.
If a Customer uses a Recharge Card that has been declared lost or stolen, this shall be deemed fraudulent and may result in the termination of these GTCS, without prejudice to any rights and remedies that BIP&GO may claim.
In the event BIP&GO requests the return of the Recharge Card, Customers must return it within thirty (30) days of receiving notification from BIP&GO. In all such cases, the Recharge Card may be returned by registered letter to BIP&GO's customer service department. .
The Recharge Card and all the content present on the Recharge Card (hereinafter referred to as the "Protected Elements") are protected by intellectual property rights (notably, as regards copyrights, patent rights, trademarks, database producers' rights, and any other existing or future French and international intellectual property rights) and belong to BIP&GO, or to third parties, who have authorised BIP&GO to use the content concerned.
Consequently, all graphic elements such as information, text, images, photographs and logos reproduced by BIP&GO on the Recharge Card are protected by the intellectual property laws in force. Under no circumstances may they be used, reproduced, imitated or adapted without the prior written authorisation of BIP&GO.
Other than a personal non-exclusive access right limited exclusively to the use of the Recharge Card in accordance with its purpose and in compliance with these GTCS, the use of the Recharge Card in no way grants the Customer any ownership and/or intellectual property rights over the Protected Elements.
It is strictly forbidden to represent, reproduce and/or exploit the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written agreement of BIP&GO. Customers are not authorised to probe, scan or test the vulnerability of the Protected Elements, and/or to disrupt, hinder, interfere with or interrupt access to or the operation of the latter. Customers shall not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute or transfer all or part of the Recharge Card, create works derived from the Recharge Card, or authorise a third party to carry out such acts, without the prior written agreement of BIP&GO.
Failure to comply with the provisions of this Article shall constitute an infringement of the intellectual property rights of BIP&GO and/or the third-party licensors and may result in civil and criminal proceedings..
Pursuant to Articles L121-21 et seq. of the French Consumer Code, consumers have a period of fourteen days to exercise their right of withdrawal, according to the conditions set out on the withdrawal form available on the BIP&GO website: www.bipandgo.com
As part of its customer-relations management process, BIP&GO provides Customers with a contact form that is available on the Application in the "Contact" section of the Application menu, as well as a telephone number.
For any questions relating to the Order or use of the Recharge Card, the billing of the Recharge Card and the Electric Vehicle Charging sessions provided by BIP&GO (e.g.: a dispute relating to the payment of the Charging sessions) or any other request concerning support during the purchasing process, Customers may contact BIP&GO:
By telephone on + 33 (0)9 708 08 765 (no surcharge):
from Monday to Friday (except bank holidays):
from 8am to 6pm from 1 October to 31 May,
from 8am to 7pm from 1 June to 30 September,
on Saturdays from 9am to 5pm (except bank holidays).
* Using the contact form on the BIP&GO website: https://www.bipandgo.com/contact_form/
In addition to what is stipulated elsewhere, Customers shall:
1. accurately enter all the data required to validate their Order;
2. provide any information required for the proper performance of these GTCS;
3. strictly apply the instructions provided by BIP&GO, and comply with all the stipulations of the General Terms and Conditions of Sale;
4. pay the price of the Recharge Card.
5. respect rules of decency and public order;
6. comply with the General Terms and Conditions of Sale and all the rules governing the use of the Recharge Card.
Customers shall not use the Recharge Card outside the geographical area defined in Article 3 of these General Terms and Conditions of Sale.
In order to provide the Recharge Card and enable its use by Customers, BIP&GO is required to process Customers' Personal Data for specific purposes in its capacity as a data controller.
The Personal Data is processed by BIP&GO for the purposes of supplying the Recharge Card and enabling its use by Customers, managing the Customer Services, and invoicing the Recharge Card. The data may also be used to carry out operations linked to sales prospecting, the sending of newsletters and push notifications, or for the performance of statistical and market research.
Customers are hereby informed that the following Personal Data will be processed by BIP&GO for the purposes of these General Terms and Conditions of Sale, and to enable the supply of the Recharge Card and its use by Customers:
Last name and first name;
Email address;
Postal address, delivery address;
Customer identification number;
In the event of a request for assistance, the content of the request made by email and the associated responses.
The Personal Data collected is intended to be used by the authorised personnel of BIP&GO (marketing departments, customer relations, debt collection, etc.), as well as its sub-processors, insofar as is necessary for the supply of the Recharge Card.
The Personal Data is stored:
for 5 years for the purposes of managing commercial relations and assistance requests;
for 10 years for invoicing purposes;
for 1 year after the last contact from the Customer concerned or when they have not responded to two successive solicitations within the framework of sales prospecting operations. When a person exercises their right to object to receiving sales prospecting emails, the information that enables their right to be taken into account is kept for a maximum of 3 years from the moment that right was exercised, and exclusively for managing their right to object.
For more information concerning the processing of Personal Data by BIP&GO, please consult BIP&GO's privacy policy at https://www.bipandgo.com/mentions-legales/
Customers may exercise their rights of access, rectification and opposition, as well as their right to erasure according to the provisions of the amended French Data Protection Act no. 78-17 of 6 January 1978 and the European Data Protection Regulation no. 679/2016 of 27 April 2016, by writing to BIP&GO's Data Protection Officer ("DPO") at 30 boulevard Galliéni, 92130 ISSY-LES-MOULINEAUX France, or by email at: donneespersonnelles@bipandgo.com.
BIP&GO has taken out professional civil liability insurance with a solvent company to insure against any damage caused by its staff or employees in the performance of these GTCS.
Customers are required to comply with the safety guidelines in force and any other applicable regulations concerning the Recharge Card.
Customers shall be liable for any damage caused, in whole or in part, by their Vehicle or their charging cable.
Customers shall be liable for any damage resulting from a failure to comply with the regulations in force, the conditions of use of the Recharge Card, the Terminal, the Electric Vehicle and/or the charging cable.
Customers shall be solely responsible for the use of their Customer Account and Recharge Card. Customers shall keep the latter safe and shall answer for the acts and actions carried out by any person that uses their Customer Account and Recharge Card, even without their knowledge. Customers shall be solely responsible for the information that they communicated or are reputed to have communicated to BIP&GO in the context of these GTCS.
Customers shall be solely responsible for any use of their Recharge Card outside the geographical perimeter set out in Article 3 of these GTCS.
In the event of any damage to the Recharge Card, Customers must notify BIP&GO as soon as possible, in accordance with the procedures set out in Article 12 of these GTCS, and as soon as possible after the damage is discovered.
BIP&GO shall only be liable for any direct damage that may be caused to Customers as a result of the improper performance and/or non-performance of its obligations under these GTCS.
Moreover, BIP&GO cannot be held liable in any way for the actions of third parties (partners, other Customers, etc.), or in the event of force majeure or an unforeseen event beyond its control.
Customers shall be solely responsible for their use of the Recharge Card
Consequently, BIP&GO cannot be held liable in any way or for any reason whatsoever in the event of:
incorrect information being provided by Customers with regard to the Personal Data required for the issuing of the Recharge Card;
dangerous, illegal or fraudulent behaviour on the part of a Customer;
any material or immaterial damage to persons or property, such as accidents, theft or deterioration, even partial, that may occur during the use of the Recharge Card, in particular when a Customer arrives at or leaves the Charging station, or when the Customer is parked at the station.
any damage resulting from misuse of the Recharge Card or any total or partial infringement of the regulations and safety guidelines in force or any other rule relating to the Charging sessions, the Terminals or the Electric Vehicle concerned.
BIP&GO declines all responsibility in the event of damage suffered as a result of defects on the infrastructures, electricity networks, connections (internet, mobile, etc.), notably including an interruption in the service, a malfunction of flows, an external intrusion, possible slowness, etc.
BIP&GO shall not be obliged to carry out its obligations in the event of force majeure or in any cases where it is prevented from carry out its obligations due to circumstances outside its control, including, but not limited to: Internet failure, a connection failure, the failure of a partner Operator's computer system, the failure of the electricity supply, an email failure, the failure of or modification to third-party technologies, transport difficulties, strikes, government measures, etc.
In the event an error is noted on the Application, any Customer concerned may contact BIP&GO at the following email address: appli@bipandgo.com, and, insofar as possible, inform BIP&GO precisely about the incorrect or missing information on the Application.
BIP&GO cannot be held responsible for any damage of any kind, whether foreseeable or unforeseeable, that may result from the use of a Recharge Card or the total or partial inability to Order and/or use a Recharge Card, the Customer Account or the Application.
BIP&GO cannot be held responsible for any use of the Recharge Card outside the geographical perimeter set out in Article 3 of these GTCS. BIP&GO shall do its utmost to verify the information communicated by Customers but it is only bound by an obligation of means to do so.
BIP&GO does not grant any other express or implicit guarantee concerning, but not limited to, the non-infringement of the rights of a third party, the continuity, performance and/or durability of the Recharge Card and/or concerning the Recharge Card's suitability for a particular use or with the Customer's needs, nor does it guarantee that the Recharge Card is free of anomalies, errors or that it will function without breakdown or interruption. The Recharge Card is provided "as is" and subject to availability.
BIP&GO shall not be liable to Customers for any non-performance or delay in the performance of its obligations under these General Terms and Conditions of Sale in the event of a case of force majeure, within the meaning of Article 1218 of the French Civil Code.
In the event of a case of force majeure, the obligations of these General Terms and Conditions of Sale shall be suspended. If the case of force majeure continues for a period of more than one (1) month, these GTCS may be terminated ipso jure according to the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.
If any of the stipulations of these General Terms and Conditions of Sale should be deemed null and void according to a rule of law, a law that enters into force or a court ruling issued by a competent jurisdiction, it shall be deemed unwritten. However, the other stipulations of these General Terms and Conditions of Sale shall retain their force and scope. Furthermore, in the event a clause is ruled to be void by a competent court, the parties agree that the void clause shall be replaced by a valid clause which is closest to the spirit and intention of the contract established by these GTCS.
The fact that one of the parties does not demand the performance of an obligation or make a claim concerning a breach of its rights as set out in these General Terms and Conditions of Sale shall not be interpreted as waiving that right or obligation in the future.
The Contract may not be transferred by the Customer without the express prior written consent of BIP&GO.
In accordance with the provisions of Article L.616-1 of the French Consumer Code, Customers are hereby informed that they may benefit from free out-of-court mediation (pursuant to L612-1 of the French Consumer Code) or any other alternative conflict-resolution method in the event of a dispute. To do this, after having informed BIP&GO of the issue concerned, and in the absence of a satisfactory response from the latter, or in the absence of a response within sixty (60) days, Customers may refer the matter free of charge to the French Tourism and Travel Ombudsman, whose contact details and referral procedures are available on its website at www.mtv.travel.
These General Terms and Condition of Sale are governed by French law.
If no amicable settlement can be reached, all disputes relating to these GTCS shall be referred to the competent courts, as defined by the French Consumer Code.
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