1.1 These General Terms and Conditions apply, without restriction or reservation, to all sales concluded by the Seller, to the Customer wishing to acquire the Products and Services offered for sale by the Seller on its Website. They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products and Services ordered by the Customer.
1.2 These General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions are systematically communicated to all Customers prior to placing an order. They are accessible at any time on this Website and will prevail, where applicable, over any other version or any other contradictory document, unless prior, express and written waiver from the Seller.
1.3 Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions carried out between the Customer and the Seller.
1.4 Validation of the order by the Customer constitutes unreserved acceptance of the General Terms and Conditions.
1.5 The General Terms and Conditions come into force as soon as they are published on the Website and immediately replace the old general conditions for all future operations.
– Modifications to these General Terms and Conditions are enforceable against users of the Website from the time they are put online and cannot apply to transactions previously concluded;
– In the event 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 GTC occurs before validation of the order, such that validation of the order necessarily implies validation of the GTC.
1.6 Acceptance of these General Terms and Conditions by the Customer is a determining condition in the Seller’s willingness to enter into a contract with the Customer.
General Terms and Conditions (GTC): designate these General Conditions of Sale.
Customer or Client: designates the individual who acts with the Seller as a consumer, that is to say a physical person who acts outside his professional framework.
Personal account: designates a secure account specific to each Customer allowing them to place an order.
After-sales service intervention(s): refers to the Seller’s intervention within the framework of the commercial guarantee, namely the repair or replacement of the Product purchased with another used Product of an equivalent range, or the reimbursement of the Product, as desired. of the Seller.
Party: individually refers to the Seller or the Customer.
Parties: jointly refers to the Seller and the Customer.
Product or Products: means:
– the reconditioned / refurbished used smartphone(s) or multimedia tablet(s), accompanied by original or compatible accessories (charger and, if indicated, other accessories), and sold by the Seller,
– new accessories offered for sale on the Website and sold by the Seller,
– reconditioned accessories offered for sale on the Website and sold by the Seller.
Service or Services: designates the software services presented by the Seller.
Website: designates 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 or Vendor: designates the supplier of the Product. The Seller can be reached by email at the following address: firstname.lastname@example.org.
3.1 The Seller sells Products of different conditions, types, brands, models, categories, etc.
3.2 The Seller sells two categories of Products: new and refurbished. Refurbished Products are distinguished by two aesthetic grades:
– Grade A: refurbished Product in excellent condition, which may have slight micro scratches;
– Grade B: refurbished Product which may have scratches or defects;
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 it 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 particularities.
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 cannot engage the liability of the Seller.
3.7 The Seller informs the Customer that the Products, when they are second-hand, have undergone data erasure before being put on sale.
3.8 Product offers are within the limits of available stocks, as specified when placing the order.
4.1 The Seller sells Software Services.
4.2 The main characteristics of the Services are presented on the Website.
The Customer is required to read it before placing any order.
4.3 The Customer is required to refer to the description of each Service in order to know its essential properties and particularities.
4.4 The choice and purchase of a Service is the sole responsibility of the Customer.
4.5 The photographs and graphics presented on the Website are not contractual and cannot engage the liability of the Seller.
5. Modification of the offer
5.1 The Seller reserves the right to make to the offer presented on its Website all modifications and improvements that it deems necessary or useful and will not be liable for damage of any kind that may arise as a result.
5.2 Furthermore, the Seller reserves the right, without notice or compensation, to definitively stop an offer it makes on the Website and will not be liable for damage of any kind that may arise as a result.
6.1 The Customer can place an order for Products and Services on the Website:
– Either as a guest,
– Either via their Personal Account.
6.2 If the Customer wishes, he can create a Personal Account on the Website and register. The account thus created will allow the Customer to obtain information about its Products and Services and will be accessible with a username and password.
The identifiers can be modified online by the Customer in their Personal Account. The Customer will choose his identifiers subject to compliance with French legislation and more particularly the legislation relating to respect for public order and good morals.
Identifiers are unique, personal and strictly confidential. The Client undertakes to preserve confidentiality. The Customer is solely responsible for their use. Any use of identifiers is irrefutably deemed to constitute use of the Website by the Customer, which the Customer expressly declares to accept.
In the event of loss or unauthorized use of his 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 the username or password of another Customer is strictly prohibited.
6.3 The information and data collected during transactions are essential for the management and execution of the latter.
The Customer undertakes to provide true, accurate, 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, where applicable, to refuse him access to all or part of the Website.
6.4 Use of the Website implies acceptance of all its general conditions, in particular its general conditions of use.
6.5 The Client must have the legal capacity to contract.
6.6 It is up to the Customer to select on the Website the Product or Service that he wishes to order and purchase, according to the terms of the Website and the General Terms and Conditions.
6.7 The steps for taking an order are those indicated on the Website.
6.8 Once the Customer has provided the requested information, he checks the box “I have read the general conditions of sale and I adhere to them without reservation”. Checking this box results in acceptance by the Customer of these General Terms and Conditions.
6.9 Any order by the Customer therefore constitutes express and irrevocable acceptance, by the Customer, of the Product, its price and the General Terms and Conditions.
6.10 The order only becomes final after confirmation of acceptance of the order by the Seller by email and after receipt by the Seller of the full price.
6.11 Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Website constitutes the formation of a contract concluded remotely between the Seller and the Customer.
Consequently, once confirmed and accepted by the Seller, under the conditions described above:
– the order cannot be modified,
– the order cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
6.12 The Seller reserves the right to refuse to execute the order of a Customer with whom it is in dispute or with whom it has had a dispute, this dispute constituting a legitimate reason for refusing to sell a Product or Service to a consumer, in accordance with the legal provisions in force.
6.13 All offers from the Seller are within the limits of available stocks without obligation and unless sold in the meantime.
6.14 In the event of a shortage of a Product purchased and stated “in stock” on the Website, the Seller undertakes to contact the Customer by email as soon as possible.
The Customer will then have the option of having the Product replaced by another Product for the difference in price between the two Products, within the limit of available stocks, or of cancelling the order and being reimbursed within thirty (30) days of the purchase of the Product.
7.1 The Products and Services are sold at the current prices appearing on the Website, upon validation of the order by the Customer. Prices are expressed and payable in Euros and all taxes included (TTC).
7.2 The price of the Products and Services indicated on the Website changes over time and depends on the characteristics of the Products and Services sold.
7.3 The prices take into account any reductions that may be granted by the Seller on the Website.
7.4 These prices are firm and non-revisable during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the Website and calculated prior to finalization of the order by the Customer.
7.5 The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
7.6 Communication costs linked to access and use of the Website also remain the responsibility of the Customer.
7.7 Communication costs linked to access and use of the Website also remain the responsibility of the Customer.
7.8 An invoice is drawn up by the Seller and sent to the Customer by email.
8. Payment conditions
8.1 The payment methods accepted by the Seller are those indicated by the Seller on the Website.
8.2 The price is payable in cash, in full on the day the order is placed by the Customer, according to the terms provided by the Website.
8.3 The Seller will not be required to deliver the Products and Services ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
8.4 Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
8.5 In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel delivery of current orders placed by the Customer.
9. DELIVERY OF ORDERED PRODUCTS
9.1 Delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.
9.2 The Products ordered by the Customer are only delivered to the territories indicated on the Website.
9.3 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 (last name, first name, contact details, delivery address, etc.) and the resulting consequences (delay, impossibility or error of delivery, etc.) . In the event of an error or inaccuracy, all costs incurred by the Seller, in particular for reshipping the Product, will be entirely the responsibility of the Customer.
9.4 In the event that the Customer is not able 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 failure to collect the Product by the Customer, the Product will be returned to the Customer at the Customer’s expense.
9.5 Unless otherwise indicated, the Products are shipped within a maximum of eight (8) working days from 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, particularly during peak periods. Carrier delivery services do not operate on weekends and public holidays.
9.6 The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above. However, these deadlines are communicated for information purposes only and any excess will not give rise to any damages, deduction 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 force majeure, the sale may be canceled at the written request of the Customer within conditions provided for in article L. 216-6 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
9.7 Deliveries are ensured by an independent Carrier.
9.8 Any delivery to the Carrier of the Products is conditional on prior and full payment of the goods ordered and any transport costs.
9.9 Delivery constitutes the transfer to the Customer of physical possession or control of the Product.
9.10 The Customer or 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 contents 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 recipient is then required:
– To write on the transport slip precise and characterized reservations, concerning the condition of the Product(s) received, and to refuse the Products,
– To keep a copy of the transport voucher,
– Within a maximum period of twenty-four (24) hours, notify the Seller of the refusal of the Product(s), in writing (registered letter with acknowledgment of receipt, e-mail, fax), with all the relevant supporting documents.
After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
9.11 In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.
10. Transfer of ownership – Transfer of risks
10.1 The transfer of ownership of the Seller’s Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products.
10.2 Regardless of 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 at the time when the Customer takes physical possession of the Products.
11. Right of withdrawal
11.1 The Customer has a period of thirty (30) clear days, from receipt of the Product purchased by the latter, to exercise his right of withdrawal from the Seller, for purposes of reimbursement. If you order several Products delivered separately, the withdrawal period starts from receipt of the last Product.
11.2 The Customer must return the Product and its accessories no later than thirty (30) clear days following notification to the Seller of their decision to withdraw.
11.3 The Products must be returned in their original condition and complete (battery, packaging, accessories, instructions, etc.) allowing them to be put back on the market in the same condition as when ordered. 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 returned, and the Customer will not be able to validly assert his 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, to certain of its functionalities, to its data, to data stored remotely, etc.). If a code is activated, the Product cannot be taken care by the Seller. Consequently, if a code is activated, the Product cannot be repaired, replaced or refunded. The Seller informs the Customer that, if during the examination of the returned Product the Seller notices that the Product has an activated code, the Product will be automatically returned to the Customer without the Customer being able to claim any compensation in this respect.
11.4 The right of withdrawal can be exercised online, at the following address “email@example.com”, 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 desire to retract.
11.5 If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remaining the responsibility of the Customer, as well as the risks of return transport of the Product(s).
Any accessory added to the Product (protective glass, protective film, phone case, etc.) cannot be replaced or reimbursed by the Seller.
11.6 The Customer is required to remove their 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. In the event of use of the SIM card during transport, it is expressly recognized and accepted by the Customer that the Seller cannot under any circumstances be held responsible.
11.7 The refund will be made within a maximum of 14 days from receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
12.1 The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
– the legal guarantee of conformity, for Products that are apparently defective or damaged or do not correspond to the order,
– the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
12.2 The Customer also benefits, independently of legal guarantees, from a commercial guarantee.
A. Legal guarantees
12.3 The Customer has a period of two (2) years from delivery of the Product to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing.
The Customer is only required to establish the existence of the lack of conformity and not the date of its appearance:
– with regard to reconditioned used smartphone(s) or multimedia tablet(s) and/or reconditioned accessories, during the twelve (12) months following delivery of the reconditioned used smartphone or multimedia tablet and/or the reconditioned accessory, due to its nature as a second-hand item.
– regarding new accessories, due to their nature as new goods, during the twenty-four (24) months following the delivery of the new accessory.
12.4 When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
12.5 The legal guarantee of conformity entails an obligation for the Seller, if it is the publisher of updates to the digital elements included in the Product, to provide all updates necessary to maintain the conformity of the Product.
12.6 The legal guarantee of conformity gives the Customer the right to repair or replacement of the Product within thirty (30) days following their request, free of charge and without major inconvenience for them.
12.7 If the Product is repaired within the framework of the legal guarantee of conformity, the Customer benefits from a six (6) month extension of the initial guarantee.
12.8 If the Customer requests repair of the Product, but the Seller requires replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the Product.
12.9 The Customer may obtain a reduction in the purchase price by keeping the Product or end the contract by being reimbursed in full against return of the goods, if:
1° The Seller refuses to repair or replace the Product;
2° The repair or replacement of the Product takes place after a period of thirty (30) days;
3° The repair or replacement of the Product causes a major inconvenience for the Customer, in particular when the Customer definitively bears the costs of taking back or removing the non-compliant Product, or if he bears the costs of installing the repaired Product or of substitution ;
4° The non-compliance of the Product persists despite the Seller’s unsuccessful attempt to bring it into conformity.
12.10 The Customer is also entitled to a reduction in the price of the Product or to termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or termination of the contract being immediate. The Customer is then not required to request repair or replacement of the Product beforehand.
12.11 The Customer does not have the right to cancel the sale if the lack of conformity is minor.
12.12 Any period of immobilization of the Product for repair or replacement suspends the warranty which remained to run until delivery of the restored Product.
12.13 The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
12.14 The Seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover. (article L. 241-5 of the Consumer Code).
12.15 The Customer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two (2) years from the discovery of the defect. This guarantee gives the right to a price reduction if the Product is kept or to a full refund against return of the Product.
B. Contractual guarantee
12.16 The Products supplied by the Seller benefit, in addition to the legal guarantees of conformity and hidden defects, from a commercial guarantee of duration specific to each Product and from the delivery of the Product, and covering:
– Electronic breakdowns,
– Electrical outages,
– Mechanical breakdowns of internal origin to the Product.
During the warranty period, and subject to the stipulations herein, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The Seller informs the Customer that accessories or peripherals sold by the Seller are covered by the warranty, such as, in particular, chargers and hands-free kits.
However, accessories, phone cases, or peripherals not sold by the Seller, are not covered by the warranty.
12.17 This guarantee consists of the repair, replacement of the Product purchased with another used Product of equivalent range, or reimbursement of the Product, at the Seller’s choice.
12.18 The Seller undertakes to provide after-sales service within fourteen (14) clear days from receipt of the Product by the Seller and upon presentation of the purchase invoice.
12.19 In order to assert his rights, the Customer must, under penalty of forfeiture of his right to warranty, inform the Seller of:
– Its intention to use its right to warranty, by email to the following address: firstname.lastname@example.org,
– The existence of non-conformities noted within the Product warranty period, which runs from the date of delivery of the Product by the Customer.
Any request for after-sales service which has not been made by email to the address indicated and within the aforementioned deadline will not be taken into account by the Seller.
12.20 If the Customer makes a request for After-Sales Service Intervention under the conditions provided above, the Seller will inform him by email of the procedure to follow to obtain After-Sales Service Intervention. The Seller will not take charge of any after-sales service request, the procedure for which, clearly explained by email, has not been respected by the Customer.
12.21 It is specified that the right for the Customer to take advantage of the aforementioned guarantees is subject to the return of the Product by the Customer in the condition in which he received it, with all the accessories received during the sale, in a maximum period of fourteen (14) clear days from the sending, by the Customer, of the email informing the Seller of his desire to invoke this contractual guarantee.
12.22 This warranty is a free service if the defective Product is covered by the warranty and the above-mentioned procedure and deadlines are respected by the Customer.
12.23 Please note that the Products are second-hand and reconditioned, the Customer will therefore not be able to invoke this guarantee due to the second-hand aesthetic condition of the Product.
C. Common stipulations
As part of the application of both the legal guarantee and the contractual guarantee, it is specified that:
– Any accessory added to the Product (protective glass, protective film, phone cases, etc.) cannot be replaced or reimbursed by the Seller,
The Seller informs the Customer that if certain Products have locks, preventing access to all or part of the Products, they cannot be taken care of by the Seller. Consequently, if a lock is activated, the Product cannot be repaired, replaced or refunded. The Seller informs the Customer that, if during the examination of the returned Product the Seller notices that the Product has a lock, the Product will be automatically returned to the Customer without the Customer being able to claim any compensation. in this capacity.
– The Customer is required to remove their SIM card from the Product before returning it. Otherwise, if he forgets to remove the SIM card, it will not be recoverable and will be destroyed by the Seller or its subcontractors for security reasons. In the event of use of the SIM card during transport, it is expressly recognized and accepted by the Customer that the Seller cannot under any circumstances be held responsible.
13. EXCLUSIONS OF WARRANTIES – LIABILITIES
Subject to any applicable public order provisions, in general, the Seller can only be held responsible for its own proven faults.
No compensation or penalty will be due for the charges set out below.
In any event, compensation for any damage that may have been suffered by the Seller’s de facto Customer will be provided within the limit of the amount of the current contract for the acquisition of the Product.
A. Internet characteristics
13.1 The Customer declares to know and accept the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and more generally, the inherent risks to any connection and transmission on the internet, the lack 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 linked directly or indirectly to any of these characteristics and/or limits.
13.2 The connection of any Customer to the Website is under the entire responsibility of the Customer.
13.3 It is up to all Customers to take all useful measures to protect their own data and/or software stored on their computer equipment against any attack, and the Seller cannot under any circumstances be held responsible for possible damage likely to occur. result, such as loss of data or damage to computer equipment.
B. Force majeure
13.4 The Seller cannot be held liable if the suspension or termination of the right of access to the Website and/or the Products results from a case of force majeure within the meaning of article 1218 of the Civil Code.
13.5 By way of 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, labor conflict, total or partial strike by the Seller, the Customer or by suppliers, service providers, carriers, post offices, public services, malfunction or interruption of the network telecommunications or the electrical network, etc.
C. Unavailability of the Website
13.6 The Seller will implement all reasonable means at its disposal to ensure the proper functioning of the Website and provide the Customer with access to the Products under the best conditions. However, the Seller only has an obligation of means regarding access to the internal Site, the Products and Services, and cannot guarantee operation of the Services 24 hours a day, 7 days a week. It cannot under any circumstances see its liability incurred in the event of unavailability of the Website, Products and/or Services.
13.7 For reasons of maintenance, testing, repair or any other nature linked to the improvement and operation of the Website, the Seller reserves the right to temporarily interrupt access, without the interruption being entitles you to no obligation or compensation.
D. Customer Facts
The Seller cannot be held liable for damages resulting from faults or inadequacies attributable to the Customer or any third party.
13.8 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.
13.9 In this regard, the Customer is required to ensure that at the end of each session he explicitly disconnects. Any loss, misappropriation or unauthorized use of the Username and/or password and their consequences are the sole responsibility of the Customer.
13.10 The Products offered comply with the legislation in force in France and have performances compatible with non-professional uses.
13.11 The Seller cannot be held liable in the following cases:
– Damage to devices for which the Customer is unable to provide proof of 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 General Terms and Conditions,
– Non-compliance by the Customer with the legislation of the country where the Product or Service is used. It is up to the Customer to check with local authorities the possibilities of using the Products and Services ordered,
– Improper use of the Product or Service, use of the Product or Service for professional purposes, use different from that recommended in the technical documentation by the manufacturer of the Product or Service (available on the manufacturer’s website),
– Facts of the Customer and/or a third party, in particular, without this list being exhaustive: attempted unblocking, poor installation of the Product or Service, poor maintenance of the Product (as non-limiting examples: clogging, oxidation, corrosion , rust encrustation, etc.), technical manipulation of the Product (by way of non-limiting examples: attempt to open, modify or repair the Product, etc.), change in the operating system of the Product, refusal to install updates necessary to maintain the conformity of the Product delivered, installation of third-party products or software (by way of non-limiting examples: software not provided or incorrectly installed, memory card, etc.), any modification not authorized by the manufacturer of the Product (by way of non-limiting example: jailbreak, etc.), unauthorized access, hacking, viruses,
– Accident (as non-limiting examples: fall, breakage, oxidation, theft, disappearance, etc.),
– In the event of scratches, chips, scratches subsequent to the sale,
– In the event of scratches, chips or scrapes 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 General Terms and Conditions,
– Use or connection of a non-compliant or damaged accessory,
– In general, all damage whose cause is external to the Product and subsequent to delivery (by way of non-limiting examples: fire, water damage, etc.).
13.12 The Customer chooses, uses and keeps the Products under his sole responsibility.
Consequently, the Seller cannot be held responsible for any direct or indirect damage, against the Customer and/or a third party, which would result from the choice and/or use of the Products which may in be made to the Client and/or third parties.
13.13 The photographs and illustrations accompanying the Products on the Website have no contractual value and therefore cannot engage the Seller’s liability.
13.14 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, to certain of its functionalities, to its data, to data stored remotely, etc.). If a code is activated, the Product cannot be taken care of by the Seller. Consequently, if a code is activated, the Product cannot be repaired, replaced or refunded. The Seller informs the Customer that, if during the examination of the returned Product the Seller notices that the Product has an activated code, the Product will be automatically returned to the Customer without the Customer being able to claim any compensation in this respect.
G. Information communicated by the Client
13.15 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 their personal account, so that no guarantee will be due as well as the liability 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 no response from the Customer to a request for information made by the Seller.
H. Third Party Sites
13.16 The Company may integrate links to third-party websites into the Website and/or the Services.
13.17 In all cases, these third party websites of the Company, not belonging to the Company or not being controlled by the Company which exercises no control over the content, the personal data protection charters or the practices of the third-party sites, the Company declines all responsibility in this regard.
13.18 The Company assumes no responsibility for the content of these third party sites or the content to which these third party sites may link. The presence of hypertext links to third-party sites does not mean that the Company approves in any way the contents of the third-party sites.
13.19 The Company is not responsible for any modification or update concerning third-party sites. The Company is not responsible for the transmission of information from third-party sites, nor for their malfunction.
13.20 The Company cannot be held responsible for any loss or damage that Internet users may suffer as a result of the provision of these external sites or resources or as a result of the trust that Internet users place in the completeness, accuracy or the existence of any content on or accessible from such websites or resources.
14. INTELLECTUAL PROPERTY
14.1 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.
14.2 Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
15. PROTECTION OF PERSONAL DATA
15.1 In application of law 78-17 of January 6, 1978 modified by law no. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order, at the preparation of invoices, and monitoring of the commercial relationship with the Client, in particular.
15.2 This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
15.3 The processing of information communicated via the Website meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
15.3 The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the Website.
16. CANCELLATION AND TERMINATION
The Customer may cancel his subscription to a Service at any time directly via his Personal Account or by sending a request by email to email@example.com. If the Customer cancels his subscription before the end of the current month, the cancellation will take effect immediately and he will not be billed again.
Except as otherwise specifically provided in these General Terms and Conditions, the Parties expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all sales operations of Products from the Seller to the Customer. The Seller and the Customer therefore each waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the contingency regime provided for therein, undertaking 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 proved excessively onerous and to bear all the economic and financial consequences.
18. FORCED EXECUTION IN KIND
By way of derogation from the provisions of article 1221 of the Civil Code, and except as otherwise specifically stipulated herein, the Parties agree that in the event of failure by one or the other of the Parties to fulfill its obligations, the Party victim of the failure shall not may request forced execution.
19. PROPORTIONAL REDUCTION OF THE PRICE IN THE EVENT OF IMPERFECT PERFORMANCE OF THE OBLIGATION
By way of derogation from the provisions of article 1223 of the Civil Code, and except as otherwise specifically stipulated herein, the Parties agree that in the event of failure of one or the other party to fulfill its obligations, the Party victim of the failure shall not may accept imperfect performance of the contract and request a proportional price reduction.
20. EXCEPTION OF NON-EXECUTION
By way of derogation from the provisions of Articles 1219 and 1220 of the Civil Code, and except as otherwise specifically provided herein, the Parties agree that in the event of failure by one or the other of the Parties to fulfill its obligations, the Party victim of the failure or of the alleged failure may not refuse to perform its obligation.
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 the frequency and duration, cannot constitute a modification of the contract, nor generate any right.
22.1 The nullity or inapplicability of any of the stipulations herein will not entail the nullity of the other stipulations which will retain their full force and scope.
22.2 However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).
23.1 These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
23.2 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 be authentic in the event of a dispute.
24.1 All disputes to which these General Terms and Conditions could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences will be submitted to the competent courts under the conditions of common law.
24.2 The Customer is informed that he can in any case resort 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.
The Customer acknowledges having been informed, prior to the conclusion of the contract, in a clear and understandable manner, of these General Terms and Conditions 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,
– The price of the Products and related costs,
– In the absence of immediate execution of the contract, the date or deadline 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 implementation methods,
– The possibility of resorting to conventional mediation in the event of a dispute,
– Information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions,
– Payment methods accepted.
The fact for a natural (or legal) person to order on the Seller’s Website implies full and complete acceptance of these General Terms and Conditions, which is expressly recognized by the Customer who waives, in particular, the right to rely on any contradictory document. , which would be unenforceable against the Seller.