1. Scope
1.1 These General Conditions of Sale (CGV) apply, without restriction or reservation to all sales concluded by the Seller, from the Customer wishing to acquire the Products offered for sale by the Seller on his Website. They specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered by the Customer.
1.2 These T & Cs apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
These T & Cs are accessible at any time on this Website and will prevail, where applicable, over any other version or any other contradictory document, except with the express, prior written exemption of the Seller.
1.3 Unless proven otherwise, the data recorded by the Seller constitutes proof of all the transactions carried out between the Customer and the Seller.
1.4 The validation of the order by the Customer implies unreserved acceptance of the GTC.
1.5 The T & Cs come into force upon their publication on the Website and immediately replace the old general conditions for all future operations.
Consequently :
– The modifications of these CGV are opposable to the users of the Website as from their setting on line and cannot apply to the transactions concluded previously;
– In case of modification of the GTC, the GTC applicable to the Customer during a sale between the Seller and a given Customer will be the GTC in force at the time of validation of the order by the Customer on the Website, it being understood that the validation of the CGV occurs before the validation of the order, so that the validation of the order necessarily implies the validation of the CGV.
1.6 Acceptance of these GTC by the Customer is a decisive condition in the Seller’s will to contract with the Customer.
2. Definitions
CGV: designates these General Conditions of Sale. Customer: refers to individuals who act with the Seller as a consumer, that is to say, individuals who act outside their professional framework.
Personal account: designates a secure account specific to each Customer allowing him to place an order.
After-sales service intervention (s): means the intervention of the Seller within the framework of the commercial guarantee, namely the repair or replacement of the Product purchased by another second-hand Product of equivalent range, or the reimbursement of the Product, as desired of the Seller.
Party: individually designates the Seller or the Customer.
Parties: jointly designates the Seller and the Customer.
Product or Products: refers to the used multimedia smartphone (s) or tablet (s), accompanied by their original or compatible batteries and accessories (charger and, if indicated, other accessories), and sold by the Seller.
Website: means the website accessible at the following address: www.iode.tech
Carrier: designates the carrier (s) selected by the Seller and of which the Customer is informed when ordering.
Seller: designates the supplier of the Product The Seller can be contacted by email at the following address: support@iode.tech.
3. Products
3.1 The Seller sells Products of different states, types, brands, models, categories, etc.
3.2 The Seller sells three categories of Products:
– Grade A: Refurbished product in excellent condition, which may show slight micro scratches;
– Grade B: Refurbished product which may show scratches or defects;
– Grade C: Refurbished product which may have pronounced scratches, imperfections and visible or numerous signs of wear;
3.3 The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, warranty period, are presented on the Website.
The Customer is required to read them before placing any order.
3.4 The Customer is required to refer to the description of each Product in order to know its essential properties and characteristics.
3.5 The choice and purchase of a Product is the sole responsibility of the Customer.
3.6 The photographs and graphics presented on the Website are not contractual and do not engage the responsibility of the Seller.
3.7 The Products, when used, sold by the Seller must undergo tests and treatments which vary according to the type and / or the brand and / or the condition and / or the model and / or category of Products.
The list of said tests and treatments carried out by Product is available on request from the Customer to the Seller whose contact details are referred to in Article 2 of the GTC.
3.8 The Seller informs the Customer that the Products, when used, have been erased before being put on sale.
3.9 The Products can be blocked on a specific mobile telephone network or unblocked, the Customer will be informed on the Website.
3.10 Product offers are within the limits of available stocks, as specified when placing the order.
4. Modification of the offer
4.1 The Seller reserves the right to make any changes and improvements to the offer presented on its Website that it deems necessary or useful and will not be liable for damages of any kind that may arise as a result.
4.2 Furthermore, the Seller reserves the right, without notice or compensation, to definitively stop an offer that it offers on the Website and will not be liable for damages of any kind that may arise as a result.
5. Orders
5.1 The Customer may place an order for Products on the Website:
– Either as a guest,
– Either via his Personal Account.
5.2 If the Customer so wishes, he can create a Personal Account on the Website and register. The account thus created will allow access by the Customer to the Products and will be accessible with a username and password.
The identifiers can be modified online by the Customer in his Personal Account. The Customer will choose his identifiers subject to compliance with French law and more particularly the law relating to respect for public order and good customs.
The identifiers are unique, personal and strictly confidential. The Customer undertakes to preserve its confidentiality. The Customer is solely responsible for their use. Any use of identifiers is deemed irrefutably to constitute use of the Website by the Customer, which the latter declares to expressly accept.
In the event of loss or unauthorized use of their account, username and password, the Customer must immediately inform the administrators of the Website by sending a message to the contact address indicated on the Website.
Any attempt to substitute another customer’s username or password is strictly prohibited.
5.3 The information and data collected during the transactions are essential for the management and execution of the latter.
The Customer undertakes to provide true, exact, up-to-date and complete information. It is the Customer’s responsibility to keep this information up to date. Failing this, the Seller reserves the right, in particular, to suspend or terminate his Personal Account without delay and, if necessary, to refuse him access to all or part of the Website.
5.4 Use of the Website implies acceptance of all of its general conditions, in particular its general conditions of use.
5.5 The Client must imperatively have the legal capacity to contract.
5.6 It is up to the Customer to select the Product on the Website which he wishes to order and buy, according to the terms of the Website and the GTC.
5.7 The steps for taking an order are those indicated on the Website.
5.8 Once the Customer has provided the requested information, he ticks the box “I have read and I accept the General Conditions of Sale as well as the Data protection policy *”. This checked box implies acceptance by the Customer of these GTC.
5.9 Any order by the Customer therefore implies express and irrevocable acceptance by the Customer of the Product, its price and the GTC.
5.10 The order becomes final only after confirmation of the acceptance of the order by the Seller by email and after receipt by the Seller of the full price.
5.11 The confirmation of the acceptance of the order by the Seller expresses the Customer’s consent irrevocably, the latter cannot therefore cancel it without the express prior agreement of the Seller.
In this case, the Seller may seek compensation from the Customer for all costs incurred and for all the direct and indirect consequences which result therefrom.
5.12 The Seller reserves the right to refuse to execute the order of a Customer with whom he is in dispute or with whom he has had a dispute, this dispute constituting a legitimate reason for refusing to sell a Product to a consumer , in accordance with the legal provisions in force.
5.13 All of the Seller’s offers are subject to the limit of stocks available without obligation and unless sold in the meantime.
5.14 In the event of a shortage on a Product purchased and stipulated “in stock” on the Website, the Seller agrees to contact the Customer by email as soon as possible.
The Customer will then have the option of having the Product replaced by another of equivalent quality and price, within the limits of available stocks, or of canceling the order and being reimbursed within thirty (30) days of notification to the Customer of the unavailability of the Product by the Seller.
6. Prices
6.1 The Products are sold at the current prices shown on the Website, when the Customer confirms the order. The prices are expressed and payable in Euros and all taxes included (tax included).
6.2 The price of the Products indicated on the Website changes over time and depends on the characteristics of the Products (model, operation, condition, etc.) sold.
6.3 The prices take into account any reductions which may be granted by the Seller on the Website.
6.4 These prices are firm and cannot be revised during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Website and calculated before the finalization of the order by the Customer.
6.5 The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
6.6 Communication costs related to access and use of the Website also remain the responsibility of the Customer.
6.7 An invoice is established by the Seller and sent to the Customer by email.
7. Payment terms
7.1 The payment methods accepted by the Seller are those indicated by the Seller on the Website.
7.2 The price is payable in cash, in full on the day of placing the order by the Customer, according to the terms provided on the Website.
7.3 The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
7.4 Payments made by the Customer will only be considered final after the Seller has actually received the amounts due.
7.5 In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders made by the Customer.
8. Deliveries
8.1 The Products ordered by the Customer are only delivered in the territories indicated on the Website.
8.2 They are delivered to the address indicated by the Customer when ordering on the Website.
The Customer is solely responsible for the accuracy of the information he communicates when ordering (name, first name, contact details, delivery address, etc.) and the consequences thereof (delay, impossibility or error in delivery, etc.) . In the event of error or inaccuracy, all costs incurred by the Seller, in particular for the return of the Product, will be entirely borne by the Customer.
8.3 In the event that the Customer is unable to take delivery of the Product when it is presented by the Carrier, and if the Product is returned by the Carrier to the Seller due to non-withdrawal of the Product by the Customer, the Product will be returned to the Customer at the Customer’s expense.
8.4 Unless otherwise specified, the Products are dispatched within a maximum of eight (8) working days from the validation of the order by the Seller. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
It is specified that the delivery times indicated in the announcement of the Products are those provided by the Carrier, which may vary, especially during peak periods. The delivery services by Carrier do not operate on weekends and holidays.
8.5 The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the above-specified deadlines. However, these deadlines are given for information only and any possible overrun cannot give rise to any damages, withholding or cancellation of the order by the Customer. However, if the Products ordered have not been delivered within twenty (20) days after the indicative delivery date, for any reason other than major force, the sale may be canceled at the written request of the Customer within conditions provided for in articles L.216-2, L.216-3, and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
8.6 Deliveries are made by an independent Carrier.
8.7 Any delivery to the Product Transporter is subject to the prior and full payment of the goods ordered and any transport costs.
8.8 Delivery consists of the transfer to the Customer of physical possession or control of the Product.
8.9 The Customer or the recipient is required upon receipt of the Product (s), in the presence of the Carrier and before signing the transport voucher, to check:
– The general condition of the packaging,
– The number of packages,
– The content of the package (s) (the number of Product (s), the conformity of the references, the general condition of the Products).
In the presence of an apparent anomaly, the Customer or the recipient is then required:
– To write precise and characterized reservations on the transport voucher, concerning the condition of the Product (s) received, and to refuse the Products,
– Keep a copy of the transport voucher,
– Within a maximum of twenty-four (24) hours, to notify the Seller, the refusal of the Product (s), in writing (registered letter with request for acknowledgment of receipt, email, fax), with all the supporting documents relating thereto.
After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect and no complaint may be validly accepted by the Seller.
8.10 In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing. by the customer.
9. Transfer of ownership – Transfer of risks
9.1 The transfer of ownership of the Seller’s Products, for the benefit of the Customer, will only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
9.2 Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products.
10. Right of withdrawal
10.1 In accordance with the legal provisions in force, the Customer has fourteen (14) clear days from the receipt of the Product purchased by him to exercise his right of withdrawal from the Seller for reimbursement. . When ordering several Products delivered separately, the withdrawal period runs from receipt of the last Product.
10.2 The Customer must return the Product and its accessories no later than fourteen (14) clear days following the notification to the Seller of its decision to withdraw.
10.3 The Products must be returned in their original condition and complete (battery, packaging, accessories, instructions, etc.) allowing their return to the market in the same condition as when the order was placed. They must be accompanied by the purchase invoice.
In the event that the Product is damaged and / or soiled and / or incomplete, it will not be taken back, and the Customer cannot validly assert its right of withdrawal.
The Seller informs the Customer that certain Products have locks (in particular codes, fingerprints, facial recognition, etc.), preventing access to all or part of the Products (in particular access to the device, some of its functions, his data, to data stored remotely, etc.) If a code is activated, the Product cannot be deleted and reactivated by the Seller so that this Product cannot be put back on the market. Consequently, if a code is activated, the Product cannot be repaired, replaced or reimbursed. The Seller informs the Customer that, if during the examination of the returned Product the Seller realizes that the Product has an activated code, the Product will be automatically returned to the Customer without the Customer being able to avail himself of any compensation in this respect.
10.4 The right of withdrawal can be exercised online, at the following address “support@iode.tech”, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, devoid of of ambiguity, expressing the will to retract
10.5 In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining payable by the Customer, as well as the risks of return transport of the Product (s).
Any accessory added to the Product (protective glass, protective film, shell, etc.) cannot be replaced or reimbursed by the Seller.
10.6 The Customer has the obligation to withdraw his SIM card from the Product before returning it. Otherwise, the SIM card will not be recoverable and will be destroyed by the Seller or its subcontractors for security reasons. If the SIM card is used during transport, it is expressly recognized and accepted by the Customer that the Seller cannot in any case be held responsible.
10.7 The refund will be made within a maximum of 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
11. Guarantees
A. Legal warranty
11.1 The Products supplied by the Seller benefit, in accordance with legal provisions:
– The legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or which do not correspond to the order,
– The legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use under the conditions and according to the methods referred to below.
11.2 The legal guarantee of conformity applies under the conditions defined in articles L.217-4 et seq. Of the Consumer Code, which provide in particular that:
Article L217-4: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing during delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5: The product conforms to the contract: 1 ° If it is suitable for the customary use expected of a similar product and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular 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, brought to the knowledge of the seller and which the latter has accepted.
Article L217-7: Defects of conformity which appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is fixed at six months.
The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8: The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which he himself supplied. Article L217-9: In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods.
However, the seller may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10: If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price returned or keep the goods and receive part of the price.
The same faculty is open to him:
1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer’s complaint;
2 ° Or if this solution cannot be without major inconvenience for him given the nature of the good and the use he seeks.
The cancellation of the sale cannot however be pronounced if the lack of conformity is minor.
Article L217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the allocation of damages.
Article L217-12: The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-13: The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual nature or which is recognized by law.
11.3 The legal guarantee against hidden defects applies under the conditions defined in articles 1641 et seq. Of the Civil Code, which provide in particular that:
Article 1641: The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have acquired it, or would only have given a lower price, if he had known them.
Article 1642: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1643: He is liable for hidden defects, even if he has not known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price restored, or of keeping the thing and having part of the price returned.
Article 1645: If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, of all damages to the buyer.
Article 1646: If the seller is unaware of the vices of the thing, he will only be bound to the restitution of the price, and to reimburse the purchaser for the costs occasioned by the sale.
Article 1647: If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two previous articles. But the loss arrived by fortuitous event will be on behalf of the purchaser.
Article 1648: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
11.4 Consequently, it is recalled that:
– Within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act against the Seller. He can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in article L.217-9 of the Consumer Code. The Customer is exempt from reporting proof of the existence of the Product’s lack of conformity during the six (6) months following the delivery of the Product due to its nature as second-hand goods.
– The legal guarantee of conformity applies regardless of the commercial guarantee that may possibly cover the Product.
– The Customer can decide to implement the warranty against hidden defects in the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
11.5 In order to assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of fourteen (14) clear days from the delivery of the Product (s) or the existence of hidden defects within the above time limits and return the defective Product (s) in the condition in which it (s) was / were received with all of the elements (battery, accessories, packaging , instructions, etc.).
11.6 The Seller will reimburse, replace or have repaired the Product (s) or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days of the Seller’s acknowledgment of the non-conformity or the latent defect.
Reimbursement will be made by credit to the Customer’s bank account or by bank check addressed to the Customer.
B. Contractual guarantee
11.7 The Products supplied by the Seller benefit, in addition to the legal guarantees of conformity and hidden defects, from a commercial guarantee the duration of which is indicated in the description of the Product, and covering:
– Electronic breakdowns,
– Power outages,
– Mechanical failures of internal origin to the Product.
The Seller informs the Customer that the accessories or peripherals sold by the Seller, such as, in particular, charger and hands-free kit, are covered by the warranty.
On the other hand, accessories or peripherals not sold by the Seller are not covered by the warranty, as well as shells and all presentation parts that do not hamper the proper functioning of the Product.
11.8 This warranty consists of the repair, replacement of the Product purchased by another second-hand Product of equivalent range, or reimbursement of the Product, at the Seller’s choice.
11.9 The Seller undertakes a Service Intervention within fourteen (14) clear days from the receipt of the Product by the Seller and upon presentation of the purchase invoice.
11.10 In order to assert their rights, the Customer must, under pain of forfeiture of their right to a guarantee, inform the Seller of:
– His intention to use his warranty right, by email to the following address: support@iode.tech,
– The existence of a non conformity noted in the warranty period for the Product, which runs from the date of receipt of the Product by the Customer.
Any service intervention request that has not been made by email to the address indicated and within the above-mentioned period, will not be taken into account by the Seller.
11.11 If the Customer makes a service intervention request under the conditions set out above, the Seller will indicate to him by e-mail the procedure to follow to obtain the after-sales service. The Seller will not take charge of any after-sales service request, the procedure of which, clearly explained by email, would not have been followed by the Customer.
11.12 It is specified that the right for the Customer to avail himself of the aforementioned guarantees is subject to the return of the Product by the Customer in the state in which he received it, with all of the accessories received during the sale, in a maximum period of fourteen (14) clear days from the sending by the Customer of the electronic mail informing the Seller of his desire to exercise this contractual guarantee.
11.13 This warranty is a free service if the defective Product is covered by the warranty and the above procedure and deadlines are respected by the Client.
11.14 It is recalled that the Products are second-hand, the Customer cannot therefore exercise this warranty due to the second-hand condition of the Product.
C. Common stipulations
In the context of bringing into play both the legal guarantee and the contractual guarantee, it is specified that:
– Any accessory added to the Product (protective glass, protective film, shell, etc.) cannot be replaced or reimbursed by the Seller,
– The Customer has the obligation to withdraw his SIM card from the Product before returning it. Otherwise, the SIM card will not be recoverable and will be destroyed by the Seller or its subcontractors for security reasons. If the SIM card is used during transport, it is expressly recognized and accepted by the Customer that the Seller cannot in any case be held responsible.
12. Exclusions from guarantees – Responsibilities
Subject to the provisions of public order that may be applicable, in general, the Seller can only be held responsible for its own proven faults.
No indemnity or penalty will be due from the heads set out below.
In any event, compensation for any damage which may have been suffered by the de facto Customer of the Seller will be made within the limit of the amount of the current contract for the acquisition of the Product.
A. Internet features
12.1 The Customer declares that he is aware of and accepts the characteristics and limits of the Internet, in particular with regard to technical performance, response times to consult, query or transfer information, the risks of interruption and more generally, the inherent risks at any connection and transmission on the internet, the absence of protection of certain data against possible misappropriation and the risks of contamination by possible computer viruses circulating on the network.
Consequently, the Seller cannot, under any circumstances, be held responsible for any damage directly or indirectly linked to one or other of these characteristics and / or limits.
12.2 The connection of any Client to the Website is under the sole responsibility of the Client.
12.3 It is up to all Customers to take all useful measures to protect their own data and / or software stored on their IT equipment against any attack, and the Seller cannot in any case be held responsible for any damage liable to ” resulting, such as loss of data or deterioration of computer equipment.
B. Force majeure
12.4 The Seller’s responsibility cannot be sought if the suspension or termination of the right of access to the Website and / or to the Products results from a case of force majeure within the meaning of article 1218 of the Civil Code.
12.5 As an example, force majeure includes the occurrence of a natural cataclysm, an earthquake, lightning, a collapse, a rock fall, a storm, a fire, a flood, a armed conflict, war, attacks, a labor dispute, a health crisis, a total or partial strike at the Seller, the Customer or at suppliers, service providers, carriers, posts, public services, malfunction or interruption of the telecommunications or electricity network, etc.
C. Unavailability of the Website
12.6 The Seller will use all reasonable means at its disposal to ensure the proper functioning of the Website and to provide the Customer with access to the Products in the best conditions. However, the Seller has only an obligation of means regarding access to the Website and the Products, and cannot guarantee that the Services will operate 24 hours a day, 7 days a week. liability incurred in the event of unavailability of the Website and / or Products.
12.7 For reasons of maintenance, testing, repair or any other nature related to the improvement and operation of the Website, the Seller reserves the right to temporarily interrupt access, without the interruption n ” opens the right to no obligation or compensation.
D. Facts of the Client
The responsibility of the Seller cannot be sought for damage resulting from faults or inadequacies attributable to the Customer or to any third party.
E. Identifiers
12.8 Any connection or transmission of data made using the Customer’s identifier will be deemed to have been made by the latter. Safeguarding the confidentiality of the password entrusted to the Customer is the responsibility of the latter.
12.9 In this regard, the Customer is required to ensure that at the end of each session he disconnects explicitly. Any loss, misappropriation or unauthorized use of the Identifier and / or the password and their consequences are the sole responsibility of the Client.
F. Products
12.10 The Products offered comply with the legislation in force in France and have performances compatible with non-professional uses.
12.11 The seller’s responsibility cannot be engaged in the following cases:
– Damage to devices for which the Customer is unable to justify the purchase invoice,
– Products whose IMEI is either not referenced by the Seller, or whose serial number is illegible or has been modified,
– Non-compliance, hidden defects or breakdowns declared beyond the warranty periods referred to in the “Guarantees” article of the GTC,
– Non-compliance by the Customer with the legislation of the country where the Product is used. It is up to the Customer to check with local authorities the possibilities of using the Products ordered,
– Misuse of the Product, use for professional purposes of the Product, use different from that recommended in the technical documentation by the manufacturer of the Product (available on the manufacturer’s website),
– Facts of the Customers and / or a third party, in particular, without this list being exhaustive: unblocking attempt, improper installation of the Product, poor maintenance of the Product (by way of non-limiting examples: fouling, oxidation, corrosion, encrustation rust, etc.), technical manipulation of the Product (by way of non-limiting examples: attempt to open, modify or repair the Product, etc.), change or update of the Product’s operating system, installation of third-party products or software (by way of nonlimiting examples: software not supplied or incorrectly installed, memory card, etc.), any modification not authorized by the manufacturer of the Product (by way of nonlimiting example: jailbreak, etc. .), unauthorized access, hacking, viruses,
– Accident (as non-limiting examples: fall, breakage, oxidation, theft, disappearance, etc.),
– In the event of scratches, chipping, scratches after the sale,
– In the event of scratches, chipping, scratches prior to the sale which would have been accepted by the Customer in accordance with the description of the Products referred to in the “Products” article of the GTC,
– Use or connection of an incorrect or damaged accessory,
– In general, all damage the cause of which is external to the Product and after delivery (by way of non-limiting examples: fire, water damage, etc.).
12.12 The Customer chooses, uses and keeps the Products under his sole responsibility.
Consequently, the Seller cannot be held liable for any direct or indirect damage, against the Customer and / or a third party, which results from the choice and / or use of the Products which may result be made the Customer and / or third parties.
12.13 The photographs and illustrations accompanying the Products on the Website have no contractual value and therefore cannot engage the responsibility of the Seller.
12.14 The Seller informs the Customer that certain Products have locks (notably codes, fingerprints, facial recognition, etc.), preventing access to all or part of the Products (notably access to the device, to some of its functions, to its data, to data stored remotely, etc.). If a code is activated, the Product cannot be deleted and reactivated by the Seller so that this Product cannot be put back on the market. Consequently, if a code is activated, the Product cannot be repaired, replaced or reimbursed. The Seller informs the Customer that if during the examination of the returned Product the Seller realizes that the Product has an activated code, the Product will be automatically returned to the Customer without the Customer being able to avail himself of any compensation in this respect.
G. Information communicated by the Client
12.15 The Customer guarantees the accuracy and completeness of the information provided to the Seller throughout their contractual relationship, in particular at the time of the creation of his personal account, so that no guarantee will be due as well as the responsibility of the Seller cannot be sought in the event of incorrect or incomplete information provided by the Customer, spontaneously or at the request of the Seller or in the event of the Customer’s lack of response to a request for information made by the Seller.
13. INTELLECTUAL PROPERTY
13.1 The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
13.2 Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
14. COMPUTERS AND FREEDOMS
14.1 Pursuant to law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and monitoring of the commercial relationship with the Customer.
14.2 This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
14.3 The Customer has, in accordance with current national and European regulations, the right of permanent access, modification, rectification and opposition with regard to information concerning him.
15. FORECAST
Unless otherwise specified in these GTC, the Parties expressly exclude the legal unforeseen regime provided for in article 1195 of the Civil Code for all sales of Products from the Seller to the Customer. The Seller and the Customer therefore renounce to avail themselves of the provisions of article 1195 of the Civil Code and of the unforeseen regime therein, committing to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the conclusion of the sale, even if their execution would prove to be excessively expensive and to bear all the economic and financial consequences.
16. FORCED EXECUTION IN KIND
By derogation from the provisions of the article of the Civil Code, and except specific stipulations of the present, the Parties agree that in the event of failure by one or the other of the Parties to its obligations, the Party victim of the default cannot request its enforced execution.
17. PROPORTIONAL REDUCTION OF THE PRICE IN THE EVENT OF IMPERFECT FULFILLMENT OF THE BONDS
By derogation from the provisions of article 1223 of the Civil Code, and except specific stipulations of the present, the Parties agree that in case of failure of one or the other of the parties to its obligations, the Party victim of the default does not may accept imperfect performance of the contract and request a proportional price reduction.
18. EXCEPTION OF NON-PERFORMANCE
By way of derogation from the provisions of articles 1219 and 1220 of the Civil Code, and except as specifically provided herein, the Parties agree that in the event of either of the Parties failing to fulfill its obligations, the Party victim of the default or of the alleged default cannot refuse to perform its obligation.
19. TOLERANCES
It is formally agreed that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for herein, whatever may have been the frequency and duration, may not constitute modification of the contract, nor generate any rights.
20. PARTIAL INVALIDITY
20.1 The nullity or inapplicability of any of the stipulations herein will not invalidate the other stipulations which will retain all their force and scope.
20.2 However, the Parties may by mutual agreement agree to replace the invalidated provision (s).
21. APPLICABLE LAW – LANGUAGE OF THE CONTRACT
21.1 These General Conditions of Sale and the operations arising therefrom are governed by and subject to French law.
21.2 These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
22. LITIGATION
22.1 All disputes to which these GTC could give rise, concerning both its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent courts under the conditions of ordinary law.
22.2 The Client is informed that he can in any event have recourse to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute, and in particular to conventional mediation, either with the Mediation Commission of consumption either at the Toulouse Pyrénées Mediation Center located at 13, rue des Fleurs 31000 Toulouse.
23. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having had communication, prior to the conclusion of the contract, in a clear and understandable manner, of these GTCS and of all the information and information referred to in article L.221-5 of the Consumer Code and in particular :
– The essential characteristics of the Product, taking into account the communication medium used and the Product concerned,
– The price of the Products and related costs,
– In the absence of immediate execution of the contract, the date or the period by which the Seller undertakes to deliver the Product,
– Information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,
– Information relating to legal and contractual guarantees and their methods of implementation,
– The possibility of having recourse to conventional mediation in the event of a dispute,
– Information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions,
– Accepted means of payment.
The fact for a natural (or legal) person to order on the Seller’s Website implies full acceptance and acceptance of these GTCS, which is expressly recognized by the Customer who waives, in particular, to avail himself of any contradictory document , which would be unenforceable against the Seller.
SMARTPHONES RECONDITIONED IN FRANCE BY EXPERTS
Warranty up to 12 months parts: labor and transport. Satisfied or refunded
Our smartphones are refurbished in France in our partner factory according to a very strict protocol.
Satisfied or reimbursed for 14 days after receiving your phone.
Delivery within 4 to 8 working days.
17 rue du mont vallier 31320 Pechbusque