Terms of use

I. Terms of Use

Article 1 : Object

The online shop www.captain-repair.com has been created by the company SOSAV, 1 - 3 rue des campanules, 77185 Lognes (534 702 592 RCS Meaux) that operates this website. The Terms of Use detailed above, (hereinafter « Terms of Use ») only rule the contractual relation between SOSav company (hereinafter « The Seller ») and the buyer (hereinafter « The Buyer ») and have the purpose of defining the rights and duties of both party within the framework or selling goods and services on the online website www.sosav.fr (hereinafter « The website »).

Article 2 : Accepting the Terms of Use and digital signature.

The products order on the website is subjected to acceptance by the Buyer and is worth with no reserve acceptance by the latter of anything mentioned in the Terms of Use explained below. Those Terms of Use are imposed on the Buyer with no regard to added terms by him - except if the Seller agrees and with no regard to the advertisements put forward by SOSav. No other terms of use or specific ones present in the documents sent or given by the Buyer will be taken into account because of incompatibility with the first Terms of Use. The Buyer declares being in full legal capacity to commit to the Terms of Use, any product order available on the Website, only after ticking the « I accept the Terms of Use » case followed by the Terms of Use hypertext, supposedly having read them prior to buying. Any Terms of Use modifications can be applied from the moment it is online but cannot apply to contracts signed previously. The Buyer has the capacity of saving or editing the Terms of Use, knowing that the saving and editing of that document relies on its own responsibility.

Article 3 : Contractual documents

The present contract is formed by the following contractual documents, presented by hierarchical ascending order : the present Terms of Use, the invoice. In case of objection between the terms included in the different documents, the superior range terms will prevail.

Article 4 : Enactment - duration

The present Terms of Use come into effect at the date of the purchase order signature. The present Terms of Use are signed for the necessary time where the goods and services are given to the Buyer by the Seller until the warranty runs out.

Articles 5 : Digital signature

The Buyer’s « double click » as a purchase order establishes a digital signature which has, between both party, the same value as a handwritten signature. The Buyer’s acceptance is materialized by his digital signature, realized by the offer payment click and by the sharing of their bank details. That digital signature has the same value as the handwritten signature. This double process means that the Buyer has taken note of the conditions and accepted them, agreeing that those documents do not need handwritten signature. Moreover, the Seller can update the Terms of Use. In that case, the Seller invite the Buyer to read the Terms of Use before making any purchase on the Website. French is the language used for this online contract.

Article 6 : Order confirmation

Contractual informations will be subjected to an email confirmation, at the latest when delivery occurs or at the address indicated by the Buyer on the purchase order.

Article 7 : Proof of transaction

Computerized data saved in the Seller’s IT system, will be considered as communication, order and payment proof between both party. The purchase order and invoices storage will be stored on a reliable support.

Article 8 : Products infos

8-a : The Seller offers on his website the products he has to sell with the necessary characteristics which allows respecting the Article L 111-1 of the Consumer Code which provides the possibility for the Buyer to know all the product characteristics before placing an order.

8-b : Offers presented by The Seller are only valid as long as the stock is available.

Article 9 : Price

Prices are indicated in euros and are not available until after the date of purchase from the Buyer. They do not consider the shipping price, added to the product price, and indicated before the order confirmation. Prices include the current (day of order) V.T.A . If the V.T.A rate fluctuates, the product price will be modified on the website. The payment has to be done in its totality when placing the order. Paid orders cannot be considered as a deposit or a down payment.

Article 10 : Payment method

To make a payment, the Buyer can choose from different options when placing the order. The Buyer guarantees to the Seller that he has the right to use that kind of payment method when placing the order. The Seller reserve itself the right to cancel any order or delivery if the payment is denied by a bank or any other accredited organism or in case of non payment. The Seller reserve itself the right to refuse the delivery or accept an order if the Buyer has not entirely paid or partially paid a previous order or if a case was opened.

Article 11 : Spare parts and repair guarantee

All repairs done by Captain Repair have a lifetime guarantee. This guarantee only covers defective spare sparts installed by our SOSav technicians or their service provider. If the spare part has a flaw, it will be replaced for free by the SOSav technical department.

  • Oxydation : device total or partial immersion
  • Abnormal manipulation causing the distortion or crack of your device.
  • Breakage by fall
  • Jailbreaked or rooted devices
  • Damage caused by repair attempts
  • New damages not caused by the original repair of the device
  • Lost data caused by the repair : We advise that you save your data before any repair

Lifetime guarantee will not apply to devices that have a specific condition before the repair, especially :

  • Oxidized device
  • Jailbreaked device
  • A device with a common issue specific to the model

Captain Repair lifetime guarantee is only available for the repaired device and the former client. It cannot be transferred if the device is sold or given to another person.

In the case where after a repair done by one of our Captain Repair or our SOSav technicians, the device becomes irreparable and has already been paid, the device will be replaced by another one like new and fully working. The replacement device will be of same or superior value to the product entrusted to the Captain Repair or SOSav. To receive a replacement device, the client has to return the damaged device to SOSav.

Batteries, accessories, chargers etc.. have a one year guarantee.

Article 12 : Right of use

The right to use SOSav software and those distributed by the latter, is granted to the Buyer but cannot use personally or transfer it in compliance with the Intellectual Property Code. However, in accordance with the Article L 122-6-1 of that Code, the Buyer has the right to reproduce it exclusively for a back-up, if necessary. In any case, the software writer still keeps the right of ownership which the Buyer commits to respect.

Article 13 : Force majeure

Both party can not fail their contractual obligations, in so far as they are delayed, hindered or prevented by a fortuitous case. Will be considered a fortuitous case or force majeure, any facts or circumstances, external to both party, unpredictable, inevitable and beyond their control, that cannot be prevented from happening despite all efforts. The concerned party will have to inform the other party in the next ten days. Both party will then get in touch, during the following month, except if one of the party cannot because of a force majeure, to examine the event’s impact and discuss the contract conditions. If the force majeure case last more than 3 months, the present Terms of Use can be cancelled for the prejudiced party. Can be considered a force majeure or fortuitous case, other than those usually held by the case law and french courts : transportation or supply blockage, earthquake, fires, storms, flood, lightning or failure of telecommunication network.

Article 14 : Partial non-endorsement

If one or a few stipulations in the present Terms of Use are not valid or declared as if in accordance with a law, a payment or after a final competent juridiction decision, other stipulations will keep their strength and range.

Article 15 : No waiver

If one of both party does not invoke a negligence to the other party of any obligations written in the Terms of Use, it will be not be interpreted as a renunciation for the obligation involved.

Articles 16 : Title

In case of interpretation failure between one of the above terms, they will be declared non existant.

Article 17 : Applicable Law

The present Terms of Use are submitted to french law. This applies for the form and the content. In case of dispute or complaint, the Buyer will first contact the company SOSAv to find an agreement. If no solutions are found, the Buyer can file a complaint to the court.

Article 18 : Data protection act

Informations asked to the Buyer are necessary to process his order and can be shared with SOSav contractual sponsors acting in the execution of that order. The Buyer can write to SOSav and ask them to remove their informations from the database or modify them in the Seller files, in the conditions written by the January 6th 1978 law.

II. Repair Terms of Use

Article 1 : Client’s obligation

Before the intervention of SOSav technical service or one of their service provider, the client commits to do a back-up prior to the repair. SOSav will not be held responsible for the loss or destruction of data in the device, whatever the content may be.

The clients has to let SOSav know the licences numbers and identification code linked with the device.

The client recognizes having being informed that the intervention done by SOSav technical service or one of their service provider, on his device, can cause a break in the manufacturer guarantee and/or the distributor. This guarantee that does not substitue SOSav’s one.

Article 2 : Delay

Repairs delay is established for information purpose only by the technician when the device diagnosis is being made. Delays can vary.

Article 3 : Shipping material

SOSav will not be held responsible if the material gets lost, broken or damaged during transportation. The Buyer has to use a transportation with insurance/tracking number.

Applicable Law

The french law is applied for the rules, both form and content.