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Terms of Use

Effective as of 17/11/2020

1. Contact details

The LA BORNE BLEUE Service is provided by the company Bouygues Energies & Services, a simplified joint-stock company (SAS), with its registered office located at avenue Eugène Freyssinet 78061 Saint-Quentin-en-Yvelines, registered in the Versailles Trade and Companies Register under No. 775 664 873, intra-community VAT number FR 36 775 664 873 (hereinafter the “Operator”).

The Operator can be reached by Users by telephone at 08.05.02.14.80, via the link support.labornebleue.fr and by email at support@labornebleue.fr.

2. Subject

The Operator publishes a mobile Application and a Website allowing for subscription to an electric vehicle Charging Service with a Charging Provider, which may or may not require a subscription.

The purpose of these General Terms of Use is to define the conditions under which the LA BORNE BLEUE Service is provided to the User by the Operator, it being specified that the Charging Service is provided to the User solely by the Charging Providers.

3. Definitions

Capitalized terms have the meaning defined upon their first use or in this clause.

Subscription means a subscription contract entered into by a User with a Charging Provider. It is composed of these Terms of Use, the form completed by the User during registration, and the pricing conditions defined by the Charging Provider and available on the website www.labornebleue.fr.

LA BORNE BLEUE or the LA BORNE BLEUE Service means the service described hereinafter in Article 6.

“LA BORNE BLEUE” Application or Application means the mobile application, published by the Operator, available on the Apple Store (registered trademark of Apple Inc.) and Google Play Store (registered trademark of Google Inc.) online stores, allowing for subscription to a Charging Service.

Badge means the RFID card provided to a User upon subscription to a Subscription allowing access to a Charging Service.

Charging Stations means the charging infrastructure usable with the LA BORNE BLEUE Service and made available by a Charging Provider.

TOU means these General Terms of Use.

Access Codes means the username and password allowing the User to identify themselves and access their LA BORNE BLEUE Account.

LA BORNE BLEUE Account means a secure area on the Application and the Website, accessible only by the User and allowing them to access their Subscription data.

Operator means the company identified in Article 1.

Charging Provider means a private or public company, a local authority, an association, a public utility or the Operator that markets a Charging Service on LA BORNE BLEUE.

Personal Data Protection Policy means the personal data protection policy accessible on the website www.labornebleue.fr.

Charging Service means the service provided by a Charging Provider to a User when using a Charging Station, consisting of the supply of electricity for charging an electric vehicle according to the characteristics appearing on the Charging Station or nearby signs. The Charging Service begins upon the request for access on the LA BORNE BLEUE application or with the Badge. It ends when the User has vacated the Charging Station by closing the session (with the LA BORNE BLEUE application or the Badge) and unplugged their vehicle.

Website means the website, published by the Operator, accessible at the address www.labornebleue.fr.

User means the natural person, of legal age and with legal capacity, who uses the LA BORNE BLEUE Service to access the Charging Service. When the User is an employee of a public or private legal entity, these TOU apply without prejudice to the provisions of the contract binding the legal entity and the Operator, which shall prevail over these TOU.

4. Acceptance of these TOU and entry into force

The User declares to have read and expressly and unconditionally accepted the TOU. It is the User’s responsibility to ensure compliance with the TOU by any persons to whom they have provided a Badge.

The User is invited to print or download the TOU and keep them on a durable medium. At any time, the User may access these TOU at the address Terms of Use – La borne bleue.

The TOU are applicable to the LA BORNE BLEUE Service upon acceptance by the User.

The TOU may be modified regularly and at any time. Any new version of the TOU will be sent to the User and must be accepted by them. In the event of non-acceptance of the new version, the User may terminate any current Subscription and obtain a refund of amounts already paid pro-rata to the unexpired period.

5. Duration

The TOU are applicable, as the case may be, for the duration of the Subscription and in any event for the duration of each Charging Service, including without a Subscription.

6. Description of the LA BORNE BLEUE Service

The LA BORNE BLEUE Service allows the User to:

  • Obtain information about the LA BORNE BLEUE Service and about each Charging Provider, such as the availability, rates and location of Charging Stations;
  • Subscribe to a Charging Service with a Charging Provider in the form of a Subscription via the Application or the Website, and manage the Subscription;
  • Subscribe to a Charging Service with a Charging Provider without a Subscription and pay by Bank Card on the Application, as well as start and stop a Charging Service;
  • Pay the amounts due;
  • Access their Account and manage their information.

Subscription to a Charging Service allows:

  • Monthly billing for services;
  • To associate a payment method;
  • To access consumption and invoice history via the Website;
  • To receive an inactive Badge by post;
  • To activate a Badge by linking the number appearing on the Badge.
  • Subscription to a Charging Service without a Subscription allows:
  • To use a Charging Station to charge the User’s electric or plug-in hybrid vehicle. This Charging Service is accessible to the User via the LA BORNE BLEUE Application.

7. Access to the LA BORNE BLEUE Service

The User acknowledges that the Application and the Website are accessible to them without any guarantee of availability.

The Operator will endeavor to make the Application and the Website accessible 24 hours a day, 7 days a week, except in cases of force majeure or an event beyond the Operator’s control, and subject to maintenance periods, potential breakdowns, technical hazards related to the nature of telecommunications networks, or malicious acts or any damage caused to the Operator’s hardware or software.

It is the User’s responsibility to provide, at their own expense, the necessary hardware and software and an Internet connection.

Access to the LA BORNE BLEUE Service by the User requires identification using their Access Codes.

The User is responsible for the use and safekeeping of their Access Codes. The User assumes sole responsibility for risks associated with their disclosure or misuse. They must, therefore, and in their own interest, take all measures they deem necessary for their security and strictest confidentiality. The Operator cannot be held liable for any fraudulent or improper use of the User’s LA BORNE BLEUE Account resulting from the voluntary or involuntary disclosure of Access Codes to any third party.

The Operator may suspend the User’s access to the LA BORNE BLEUE Service in the event of detection of abnormal or fraudulent use, particularly in the event of non-compliance with the TOS, fraudulent intrusion attempts, hindering the normal operation of the Operator’s systems or those of its suppliers or subcontractors, or any other serious reason. In particular, the following shall constitute such a serious reason: (a) the User providing false information during registration, (b) the inability to process the collection of Charging Service fees.

8. Subscription to a Charging Service

The Operator may refuse a request to subscribe to a Charging Service for non-payment or non-compliance with these TOS during a previous registration.

8.1 Subscription to a Charging Service in the form of a Subscription

8.1.1. Right of withdrawal.

Once registration is complete, the User receives an email summarizing the essential details of their Subscription at the email address provided. From the date of receipt of this email, the User is entitled, in accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, to withdraw by sending a withdrawal request within 14 days, via the withdrawal form on the website www.labornebleue.fr or by using any other withdrawal form sent by the User.

However, when the Use of a Charging Service has started at the express request of the User before the expiry of the 14-day withdrawal period, in the event of withdrawal by the User during this period: (i) any Charging Service used remains due; (ii) the Subscription to the Charging Service remains due.

8.1.2. Subscription Duration

The Subscription is effective upon subscription by the User for an indefinite period.

8.1.3. Termination of the Subscription

The Subscription may be terminated in the following cases:

(i) Termination by the Charging Provider

The Subscription may be terminated early in the event of the termination of the contractual relationship between the Operator and the Charging Provider with whom the Charging Service was subscribed. The Operator cannot be held liable, and the User may not claim any damages.

(ii) Termination by the Operator

The Subscription may be terminated by the Operator automatically and without prior notice in the event of a breach by the User of the provisions of these TOS, or of any applicable regulations in connection with the use of the LA BORNE BLEUE Service.

(iii) Termination by the User

The User shall be entitled to terminate their Subscription at any time by logging into their LA BORNE BLEUE Account. Termination shall not entitle the User to a refund of any Subscription period paid in advance.

(iv) Consequences of termination

Termination of the Subscription results in the deactivation of the LA BORNE BLEUE Account and the Badge, without any obligation for the User to return the Badge to the Operator.

Amounts due on the effective date of termination, as well as Subscriptions remaining due for the current period, shall be invoiced.

Any positive balance on the User’s account will be refunded within 2 months by bank transfer to the account specified by the User.

8.2. Subscription to a Charging Service without a Subscription

8.2.1. No right of withdrawal.

In the event of subscription to a Charging Service without a subscription, the User is informed that they must waive their right of withdrawal pursuant to Article L 221-28, 1°) of the French Consumer Code.

9. User Obligations

The User agrees to use the LA BORNE BLEUE Service in accordance with these TOS and to make normal use of the Charging Stations in compliance with their intended purpose. In particular, the User:

  • Parks their vehicle in one of the spaces of a charging station identifiable by specific signage and ground markings;
  • Where applicable, informs themselves of and complies with the specific conditions of the Charging Provider, on the Charging Station and on nearby information signs;
  • Uses the Service in accordance with its intended purpose;
  • Uses only the Charging Station cable when it is attached to the Charging Station and forms an integral part of it, to the exclusion of any other accessory;
  • In cases where the use of a personal cable is authorized: uses only a certified cable compatible with the Charging Station and allowing for the connection of their vehicle;
  • Checks the good condition of the accessories prior to any use of the Charging Stations;
  • Uses the socket that corresponds to their needs and the technical specifications of their vehicle;
  • Uses the LA BORNE BLEUE Application or the Badge to start the charge;
  • Must perform the connection and start the charge promptly (within 2 minutes);
  • Remains vigilant to any signal emitted by warning lights appearing on the Charging Station and/or on their vehicle;
  • Presents the same Badge at the end of use or uses the LA BORNE BLEUE application to end the Charging Service;
  • Can then unplug the vehicle, stow the cable, and close the door;
  • Ensures at the end of use that the Charging Station door is correctly locked, if equipped with a door;
  • Returns the cable to its designated holder at the end of use if the cable is attached to the Charging Station;
  • The end of charging will be recorded when the vehicle is no longer plugged in;
  • In the event of an alert, such as a detected anomaly or malfunction on the Charging Station, takes all necessary precautionary measures to ensure the safety of the vehicle and third parties and calls technical assistance at the number shown on the Charging Station, on nearby information boards, or on the Website.

The User agrees to provide accurate information when registering for the LA BORNE BLEUE Service and to ensure they have sufficient funds in their bank account to pay for the LA BORNE BLEUE Service. In the event of a change in their personal data (specifically address and banking details), the User agrees to update them without delay. Consequently, any notification sent by the Operator to the User is deemed valid when sent to the last address provided by the User on their LA BORNE BLEUE Account.

The User is solely responsible for the proper use and safekeeping of the Badge. The User agrees to report the loss or theft of their Badge without delay, either by calling the LA BORNE BLEUE support number directly or by reporting it via the dedicated form on the Website, which will immediately deactivate the Badge. The order for a new Badge will then be invoiced to the User, and the Badge will be sent to them as soon as possible.

In the event of the theft of their mobile phone, the User is required to change the password for their LA BORNE BLEUE Account by logging onto the website www.labornebleue.fr. In the event of misuse of their LA BORNE BLEUE Account, they are required to inform the Operator as soon as possible via the contact form on the Website so that their LA BORNE BLEUE Account can be blocked.

10. User Liability

In the event of loss or theft of their Badge, the User remains liable for the amounts due for any use of their Badge until the deactivation date, as billing is not suspended.

The User is solely responsible for any failure to comply with traffic regulations and road signage.

In the event of a possible malfunction of the LA BORNE BLEUE Service, and if they have actually charged their vehicle, the User shall not be exempt from the obligation to pay their Charging Service fees.

11. Liability of the Operator and the Charging Providers

The Operator assumes no liability towards the User regarding the Charging Service, which is the sole responsibility of the Charging Provider.

The Operator enables subscription to a Charging Service provided by Charging Providers. The latter are responsible for the operation and maintenance of the Charging Stations and for providing information.

The Operator cannot guarantee the operation or availability of the Charging Stations or the accuracy of the available information. However, the Operator undertakes to collect and present to Users all information made available to it by the Charging Provider via the Application and the Website.

The liability of the Operator or the Charging Provider shall not be incurred due to the action of a third party or an external event in the following cases:

  • Non-compliant use of the Charging Service by the User or by a third party in a fraudulent manner;
  • Damage to vehicles or other equipment not provided as part of the Services;
  • Unavailability of parking spaces;
  • Roadworks, maintenance on the Charging Station, electrical networks, or telecommunications networks;
  • Power outages;
  • Loss, breakdown, partial/total malfunction, or degradation of the GSM/GPRS/3G/GPS signal;
  • Cases of force majeure.

The Operator does not guarantee the continuous availability of the LA BORNE BLEUE Service; in particular, it does not guarantee the availability of mobile networks or the functioning of mobile terminals. The Operator shall not be held liable for any damages suffered due to the unavailability of the LA BORNE BLEUE Service or due to transmitted data being truncated or altered, except in cases of intentional misconduct or gross negligence on the part of the Operator. If the end of the charging operation is not executed or completed correctly by the Charging Service, the Operator cannot be held liable if the fault is the responsibility of the Charging Provider or the User.

The Operator and the Charging Provider assume no responsibility for monitoring a vehicle while it is charging and shall under no circumstances be held liable for any damage to or disappearance of a vehicle that is not their fault, particularly in cases of vandalism during the Charging Service.

12. Pricing Conditions – Subscription and Charging Service

Charging Service fees, whether in the form of a Subscription or not, are set by the Charging Providers. Charging Service rates can be consulted at the link www.labornebleue.fr/tarifs/.

The User acknowledges the Operator’s right to collect Charging Service fees on behalf of the Charging Provider.

In the event of a subscription to a Charging Service, the Charging Service will be billed at the end of the month. The amount due will be debited at the beginning of the following month.

In the event of a subscription to a Charging Service without a Subscription (pay-as-you-go), payment for the Charging Service will be made at each transaction.

The User is responsible for checking the statements and invoices sent by the Operator.

In the absence of full payment of invoices within the time limit, the Operator:

  • will suspend the provision of the service to the User until the latter has settled their debt;
  • may forward the file to the general treasury and the designated recovery officers for the collection of sums due to public authorities acting as Charging Providers;
  • may charge the User for any costs and expenses incurred by the Operator for debt recovery, without prejudice to any damages;
  • may also terminate the Subscription in accordance with Article 8.

Pricing conditions and charging service for the Supply, installation, and operation of charging stations contract – Contract No. 2019033

13. Intellectual Property

The Application and the Website, their contents, and the elements that compose them (tools, databases, graphical interfaces, domain names, images, texts, videos, sounds) are protected under the Intellectual Property Code. The T&Cs do not transfer any ownership of these elements to the user.

The User is granted a non-exclusive and non-transferable right to use the Application and the Website. The right thus granted consists of (i) a right to consult the data and information contained in the Application and on the Website and (ii) a right of reproduction consisting of printing or saving the data and information consulted.

14. Evidence Agreement

Given the nature of their exchanges and particularly the digital nature of their relationship, the User and the Operator agree that all computer records in the information system of the Operator or its suppliers (log files, etc.) or their reproduction on a digital medium shall, in the event of a dispute or legal proceedings, have evidentiary value.

15. Protection of Personal Data

The Operator guarantees the confidentiality of the User’s data in accordance with the applicable regulations on the protection of personal data. The User’s personal data are processed by the Operator for the purposes of providing the LA BORNE BLEUE Service and for the Subscription to Charging Services, under the conditions set out in the Personal Data Protection Policy accessible on the website www.labornebleue.fr.

16. Complaints

For any complaint, particularly in the event of a problem using the LA BORNE BLEUE Service, the User may contact the Operator via the contact form available on the website www.labornebleue.fr or by telephone.

Nevertheless, the User is responsible for ensuring the compatibility of their vehicle with the Charging Station connectors, as well as for the proper completion of connection and disconnection procedures at the Charging Station.

17. Jurisdiction Clause – Applicable Law

17.1. Applicable law

The T&Cs are governed by French law.

17.2. Jurisdiction Clause

The Operator remains at the User’s disposal to resolve any dispute amicably. The User may send a complaint to the Operator via the website www.labornebleue.fr.

If the User is not satisfied with the response provided by the Operator following this complaint, the User may take action against the Operator or the Charging Provider who delivered the Charging Service.

17.2.1 Disputes with consumer or non-professional Users

The User may refer to the Operator’s Mediator for the LA BORNE BLEUE Service. The User has a period of ten months to refer the matter directly and free of charge to the CM2C via the website https://www.cm2c.net/Consommateur-nous-contacter, by email (cm2c@cm2c.net), or by mail to the following address: CM2C 14 rue Saint Jean 75017 Paris, or to the Charging Provider’s mediator. The procedure is available on the website www.labornebleue.fr.

SINCE THESE INTERNAL DISPUTE RESOLUTION METHODS ARE OPTIONAL, THE USER MAY AT ANY TIME REFER THE MATTER TO THE COMPETENT FRENCH COURTS, NAMELY THE COURTS OF THEIR PLACE OF RESIDENCE OR THE PLACE WHERE THE CHARGING SERVICE WAS PERFORMED.

7.2.2 Disputes with Business Users

ANY DISPUTE ARISING FROM THESE TERMS OF USE, WHICH IS NOT RESOLVED AMICABLY, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURTS OF VERSAILLES.