The present website www.oohmywatt.com is published and operated by Ooh My Watt, a limited liability company with a share capital of €6,000, registered in the Lyon Trade and Companies Register under number 938 796 745‬, with its registered office located at 1b Rue Louis Poly 69160 Tassin-La-Demi-Lune.

VAT number: FR00938796745.

You can contact us by telephone at +33 6 48 73 99 61 or by email at support@oohmywatt.com

This site is hosted by FRAMER

Effective from 04/01/2025

The present general terms of use (referred to as "CGU") are aimed at legally governing the terms of making the site and services available by Ooh My Watt  and defining the conditions of access and use of the services by "the User".

 The present CGU are accessible on the site under the section "CGU".

 Any registration or use of the site implies acceptance without any reservation or restriction of the present CGU by the user. Upon registering on the site via the Registration Form, each user expressly accepts the present CGU by ticking the box preceding the following text: "I acknowledge that I have read and understood the CGU and I accept them".

In case of non-acceptance of the CGU stipulated in this contract, the User must renounce access to the services offered by the site.

Ooh My Watt  reserves the right to unilaterally modify and at any time the content of the present CGU.

Article 1: Legal notices

The publication of the site www.oohmywatt.com is ensured by the company Ooh My Watt with a capital of 6,000€ euros, registered with the Lyon Trade and Companies Register under the number 938796745 whose registered office is located at 1 B RUE LOUIS POLY, 69160 TASSIN-LA-DEMI-LUNE France.

Phone number +33 6 48 73 99 61

Email address: support@oohmywatt.com

The hosting provider of the site www.oohmywatt.com is the company Framer, whose registered office is located in Amsterdam, Rozengracht 207B, Netherlands.

ARTICLE 2: Access to the site

The site allows the User free access to the following services:

The website offers the following services:

- Web Design
- Publishing and hosting

The site is accessible free of charge from anywhere to any User with internet access. All costs incurred by the User to access the service (computer hardware, software, internet connection, etc.) are at their expense.

A non-member User does not have access to the reserved services. To do so, they must register by filling out the form. By agreeing to register for the reserved services, the member User commits to provide honest and accurate information concerning their personal details and contact information, particularly their email address.

To access the services, the User must then identify themselves using their username and password which will be communicated to them after their registration.

Any regularly registered member User may also request their deregistration by going to the dedicated page in their personal area. This will take effect within a reasonable timeframe.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance does not engage the responsibility of Ooh My Watt. In such cases, the User accepts not to hold the publisher accountable for any interruption or suspension of service, even without prior notice.

The User has the option to contact the site by email at the email address of the publisher provided in ARTICLE 1.

ARTICLE 3: Data collection

The site guarantees the User the collection and processing of personal information in respect of privacy in accordance with law n°78-17 of 6 January 1978 relating to computing, files and freedoms.

Under the French Data Protection Act of 6 January 1978, the User has a right of access, rectification, deletion and opposition to their personal data. The User exercises this right:

·         by email at the email address support@oohmywatt.com

·         via a contact form;

ARTICLE 4: Intellectual property

The trademarks, logos, signs as well as all the contents of the site (texts, images, sound…) are protected under the Intellectual Property Code and more particularly by copyright.

The trademark Ooh My Watt is a registered trademark of Ooh My Watt. Any representation and/or reproduction and/or partial or total exploitation of this trademark, of any nature whatsoever, is totally prohibited.

The User must obtain prior authorization from the site for any reproduction, publication, or copy of the various contents. They agree to use the contents of the site in a strictly private capacity; any use for commercial and advertising purposes is strictly prohibited.

Any total or partial representation of this site by any means whatsoever, without the express authorization of the site operator would constitute an infringement sanctioned by Article L 335-2 and following of the Intellectual Property Code.

It is reminded in accordance with Article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes protected content must cite the author and their source.

ARTICLE 5: Responsibility

The sources of the information disseminated on the site www.oohmywatt.com are deemed reliable but the site does not guarantee that it is free of defects, errors or omissions.

The information provided is offered for informational and general purposes without contractual value. Despite regular updates, the site www.oohmywatt.com cannot be held responsible for changes in administrative and legal provisions occurring after publication. Likewise, the site cannot be held responsible for the use and interpretation of the information contained in this site.

The User ensures to keep their password secret. Any disclosure of the password, in any form, is prohibited. They assume the risks associated with the use of their username and password. The site disclaims any responsibility.

The site www.oohmywatt.com cannot be held liable for any viruses that may infect the computer or any computer equipment of the Internet user, following a use, access or download from this site.

The site's liability cannot be engaged in cases of force majeure or due to unforeseeable and insurmountable events caused by a third party.

ARTICLE 6: Hyperlinks

Hyperlinks may be present on the site. The User is informed that by clicking on these links, they will leave the site www.oohmywatt.com. The latter has no control over the web pages to which these links lead and cannot, in any case, be held responsible for their content.

ARTICLE 7: Cookies

The User is informed that during their visits to the site, a cookie may be automatically installed on their browsing software.

Cookies are small files stored temporarily on the hard drive of the User's computer by their browser and which are necessary for the use of the site www.oohmywatt.com. Cookies do not contain personal information and cannot be used to identify someone. A cookie contains a unique identifier, generated randomly and therefore anonymously. Some cookies expire at the end of the User's visit, others remain.

The information contained in cookies is used to improve the site www.oohmywatt.com.

By browsing the site, the User accepts them.

However, the User must consent to the use of certain cookies.

In the absence of acceptance, the User is informed that certain functionalities or pages may be denied to them.

The User may disable these cookies through the settings in their browsing software.

ARTICLE 8: Publication by the User

The site allows members to publish the following content:

Photo, Video.

In their publications, the member agrees to respect the rules of Netiquette (rules of good conduct on the Internet) and the applicable legal rules.

The site may moderate publications and reserves the right to refuse to publish them without having to justify itself to the member.

The member retains full ownership of their intellectual property rights. However, by publishing a post on the site, they grant the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and communicate their post, directly or through an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property. The Member particularly grants the right to use their publication on the Internet and mobile networks.

The publishing company commits to include the member's name near each use of their publication.

Any content posted online by the User is solely their responsibility. The User agrees not to upload content that may harm the interests of third parties. Any legal action taken by a harmed third party against the site will be covered by the User.

The User's content may be deleted or modified by the site at any time and for any reason without notice.

ARTICLE 9: Applicable law and competent jurisdiction

French law applies to this contract. In the absence of an amicable resolution to a dispute arising between the parties, the French courts will have sole jurisdiction to hear it.

For any questions regarding the application of the present CGU, you may contact the publisher at the contact details provided in ARTICLE 1.

Effective as of 04/01/2025

ARTICLE 1 - Scope of application

The present General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to any purchase of the following services:

Rentals and sales of external batteries via terminals.

As proposed by the Provider to non-professional clients ("The Clients or the Client") on the website www.oohmywatt.com.

The main features of the Services are presented on the website www.oohmywatt.com.

The Client is required to be aware of them before placing an order. The choice and purchase of a Service are solely the Client's responsibility.

These GTC are accessible at any time on the website www.oohmywatt.com and prevail over any other document.

The Client declares that they have taken note of these GTC and accepted them by ticking the box provided before implementing the online ordering procedure on the site www.oohmywatt.com.

Unless proven otherwise, the data recorded in the Provider's IT system constitute proof of all transactions concluded with the Client.

The contact details of the Provider are as follows:

Ooh My Watt, LLC

Share capital of 6000 euros

Registered with the Lyon RCS under number 938796745

OOH MY WATT 1 B RUE LOUIS POLY, 69160 TASSIN-LA-DEMI-LUNE France

Email: support@oohmywatt.com

Phone: +33 6 48 73 99 61

Customs duties or other local taxes or import duties or state taxes may be payable. They will be borne solely by the Client.

ARTICLE 2 - Price

The Services are provided at the current rates listed on the website www.oohmywatt.com at the time the Provider registers the order.

Prices are expressed in Euros, excluding VAT and including VAT.

The rates take into account any discounts that may be granted by the Provider on the website www.oohmywatt.com.

These rates are firm and non-revisable during their validity period, but the Provider reserves the right, outside of the validity period, to change the prices at any time.

Prices do not include processing, shipping, transport, and delivery fees, which are charged additionally, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice will be issued by the Provider and given to the Client upon delivery of the ordered Services.

ARTICLE 3 – Orders

It is the Client's responsibility to select on the website www.oohmywatt.com the Services they wish to order, according to the following procedures:

The client registers, rents an external battery via a terminal, takes the unlocked external battery, can recharge their electronic device wherever they wish, and once the recharge is completed, returns the external battery to the terminal of their choice that has an available space.

The sale will only be considered valid upon full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.

Every order placed on the website www.oohmywatt.com constitutes the formation of a contract concluded at a distance between the Client and the Provider.

The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.

The Client can monitor the progress of their order on the website.

ARTICLE 4 - Payment Conditions

The price is paid by means of secure payment, according to the following methods:

·       payment by credit card

The price is payable in full by the Client on the day of placing the order.

The payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment service provider handling the banking transactions carried out on the website www.oohmywatt.com.

Payments made by the Client will only be considered final after effective collection of the amounts due, by the Provider.

The Provider will not be obligated to provide the Services ordered by the Client if the Client does not pay for them in full according to the conditions stated above.

ARTICLE 5 - Provision of Services

The Services ordered by the Client will be provided according to the following terms:

Rental services for external batteries via terminals.

The said Services will be provided within a maximum period of seconds from the definitive validation of the Client's order, under the conditions provided in these GTC to the address indicated by the Client when placing their order on the website www.oohmywatt.com.

The Provider commits to make their best efforts to deliver the Services ordered by the Client, within a means obligation and within the time specified above.

If the ordered Services have not been provided within 2 minutes after the indicative delivery date, for any other cause than force majeure or the Client's fault, the sale of the Services may be resolved at the written request of the Client under the conditions provided in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded to them within a maximum of fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In case of a specific request from the Client regarding the conditions of providing the Services, duly accepted in writing by the Provider, the related costs will be subject to complementary specific billing later.

In the absence of reservations or claims expressly made by the Client upon receipt of the Services, they will be deemed compliant with the order, in quantity and quality.

The Client will have a period of 24 hours from the provision of the Services to issue complaints by email, contact form, with all relevant supporting documents, to the Provider.

No complaint can be validly accepted in case of non-compliance with these formalities and deadlines by the Client.

The Provider will refund or rectify as soon as possible and at their own expense the Services whose non-compliance has been duly proved by the Client.

ARTICLE 6 - Right of withdrawal

According to the provisions of article L221-18 of the Consumer Code "
For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first item."

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or by any other unambiguous declaration expressing the will to withdraw, including by postal mail addressed to the Provider at the postal or email address indicated in ARTICLE 1 of these GTC.

In case of exercising the right of withdrawal within the aforementioned time frame, only the price of the ordered Services will be refunded.

The refund of the amounts actually paid by the Client will be made within 14 days from the receipt, by the Provider, of the notification of the Client's withdrawal.

ARTICLE 7 - Provider's liability - Guarantees

The Provider guarantees, in accordance with legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, arising from a design or production defect of the Services ordered under the conditions and according to the following provisions:

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver a good that conforms to the contract and is liable for defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from packaging, assembly instructions, or installation when this has been made their charge by the contract or has been carried out under their responsibility."

Article L217-5 of the Consumer Code

"The good is conforming to the contract:

1° If it is fit for the usual expected use of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that they 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 their representative, particularly in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, communicated to the seller and accepted by them."

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is barred after two years from the delivery of the good."

Article L217-16 of the Consumer Code.

"When the buyer requests the seller, during the term of the commercial guarantee granted at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any immobilization period of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the good's availability for repair, if this provision is subsequent to the intervention request."

In order to assert their rights, the Client must inform the Provider, in writing (email or mail), of the existence of any defects or lack of conformity.

The Provider will refund, rectify, or have rectified (to the extent possible) the services deemed defective as soon as possible and no later than within 24 hours following the Provider's acknowledgment of the defect or fault. This refund can be made by bank transfer or cheque.

The Provider's warranty is limited to the refund of the Services effectively paid for by the Client.

The Provider cannot be considered responsible or failing for any delay or non-fulfillment arising from the occurrence of a case of force majeure typically recognized by French case law.

The Services provided through the website www.oohmywatt.com by the Provider comply with the regulations in force in France. The Provider's liability cannot be engaged in the event of non-compliance with the legislation of the country in which the Services are provided, for which the Client, who is solely responsible for the choice of Services requested, must check.

ARTICLE 8 - Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of the Services and their realization and delivery, as well as their transmission to third parties involved in the realization of the Services. This personal data is collected solely for the execution of the service provision contract.

8.1 Collection of personal data

The personal data collected on the website www.oohmywatt.com are as follows:

Account creation

Upon creating the Client/user account:

Last name, first name, postal address, phone number, and email address.

Payment

In the context of payment for the Services offered on the website www.oohmywatt.com, this collects financial data related to the Client/user’s bank account or credit card.

8.2 Recipients of personal data

The personal data is reserved for the sole use of the Provider and its employees.

The data processing controller is the Provider, in the sense of the Data Protection Act and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data.

8.4 Limitation of processing

Unless the Client expressly gives their consent, their personal data will not be used for advertising or marketing purposes.

8.5 Data retention period

The Provider will retain the data collected for a period of 5 years, covering the time of the prescription of civil liability applicable.

8.6 Security and confidentiality

The Provider implements organizational, technical, software, and physical measures regarding digital security to protect personal data from alterations, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Provider cannot guarantee the security of the transmission or storage of information over the Internet.

8.7 Implementation of Clients' and users' rights

In accordance with the regulations applicable to personal data, Clients and users of the website www.oohmywatt.com have the following rights:

·       They can update or delete the data concerning them in the following manner:

Contact us via support@oohmywatt.com or via the contact form on the website.

·       They can delete their account by writing to the email address indicated in article 9.3 "Data controller"

·       They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller"

·       If the personal data held by the Provider is inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 "Data controller"

·       They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in article 9.3 "Data controller"

·       They can also request the portability of the data held by the Provider to another provider

·       Finally, they can oppose the processing of their data by the Provider

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month.

In case of refusal to comply with the Client's request, it must be justified.

The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Client may be asked to tick a box regarding their consent to receive informative and advertising emails from the Provider. They will always have the possibility to withdraw their consent at any time by contacting the Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 - Intellectual Property

The content of the website www.oohmywatt.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 10 - Applicable Law - Language

The present GTC and the operations resulting therefrom are governed and subject to French law.

The present GTC are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

ARTICLE 11 - Disputes

For any complaint, please contact customer service at the postal or email address of the Provider indicated in ARTICLE 1 of these GTC.

The Client is informed that they can, in any event, resort to conventional mediation with existing sector mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.

The Client is also informed that they can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchases and sales transactions concluded under these GTC that have not been settled amicably between the seller or through mediation will be submitted to the competent courts under the common law conditions.

Privacy Policy of Ooh My Watt

This Privacy Policy describes how your personal information is collected, used, and shared when you visit www.oohmywatt.com (the " Site ") or make a purchase there.

PERSONAL INFORMATION COLLECTED

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, your IP address, your time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the web pages or individual products you view, the websites or search terms that referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as " Device Information ".

We collect Device Information using the following technologies :

HOW DO WE USE YOUR PERSONAL INFORMATION ?

In general, we use the Order Information that we collect to fulfill any orders placed through the Site (including to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations). Additionally, we use this Order Information to :

communicate with you ;

screen our orders for potential fraud ; and

when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information (particularly your IP address) that we collect to screen for potential fraud and, more generally, to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our advertising and marketing campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties who help us use it as described above. For example, we use Shopify to power our online store – you can read more about how Shopify uses your Personal Information here : https://www.shopify.fr/legal/confidentialite. We also use Google Analytics to help us understand how our customers use the Site – you can read more about how Google uses your Personal Information here : https://www.google.com/intl/fr/policies/privacy/. You can also opt-out of Google Analytics here : https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing messages we believe may be of interest to you. To learn more about how targeted advertising works, you can visit the Network Advertising Initiative's educational page at the following address : http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at the following address : https://optout.aboutads.info/?c=3&lang=fr.

DO NOT TRACK

Please note that we do not alter our Site's data collection and use practices when we see a " Do Not Track " signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us using the contact information below.

Additionally, if you are a European resident, please note that we are processing your information to fulfill our contractual obligations to you (for example, if you make an order through the Site) or otherwise to pursue our legitimate business interests, as listed above. Please also note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES

We may update this Privacy Policy from time to time to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at support@oohmywatt.com or through our contact form.