he present general conditions of sale are concluded between, on the one hand :
Company VINTAGE MOBILE KADRI Nabil CI: 0Y4651005M RONDA SAINT ANTONI 86 08001 BARCELONA
Hereinafter referred to as "www.vintagemobile.fr".
And, on the other hand, Internet users who wish to make a purchase on the "www.vintagemobile.fr" site visible at the address: https://www.vintagemobile.fr hereinafter referred to as "the Customer".
The present conditions govern the sale of any product presented on the site "www.vintagemobile.fr" by the company www.vintagemobile.fr. The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other condition. The items are offered for sale only to non-trading individuals. They are concluded intuitu personae and therefore may not be the subject of any transfer of any kind whatsoever. Any order duly validated on the site www.vintagemobile.fr implies total and unreserved adherence to these general conditions of sale and, possibly, to the particular or specific conditions of one or more products or orders.
Article 1. Subject
The purpose of the present General Conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services proposed by the company www.vintagemobile.fr to the Customer, from the order to the delivery, through the payment and the use of services made available by www.vintagemobile.fr.
Article 2. Scope of application
The present General Terms and Conditions govern the sale of products on the day the Customer places an order. They apply to all modes of remote ordering proposed by www.vintagemobile.fr, whether the order was placed by internet or by phone.
Article 3. Order
Ability to contract
Any Customer of the company www.vintagemobile.fr declares to have full legal capacity, allowing him to commit himself under these General Conditions of Sale. www.vintagemobile.fr reserves the right to cancel and refuse any order from a Customer with whom a dispute exists or appears during the processing of an order, in particular a dispute relating to the payment of a previous order.
Acceptance of the Conditions by the Customer
The fact for the Customer to tick the box "I have read and accept the General Terms and Conditions of Sale" before proceeding with payment, constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in these Terms and Conditions under the paragraph "right of withdrawal". By this act, the Customer acknowledges having read, understood and accepted the present Terms and Conditions.
Placing an order
The Customer can place his order with http://www.vintagemobile.fr 24 hours a day, 7 days a week.
The ordering process consists of seven successive steps. First, the Customer must select the product(s) and then validate his shopping cart. Then, the Customer must check the products selected with the colour and size options, and indicate the quantities requested. The order can only be registered on the site if the Customer has clearly identified himself, either by entering his e-mail address and personal password, or by mentioning all the information requested for online registration. Once identified, the Customer must clearly indicate the information required for delivery, this concerns in particular the precise delivery address as well as any accessibility restrictions (building, floor, digicode, etc.). Before the last step, the Customer must indicate the delivery method chosen. Finally, the Customer must indicate the method of payment chosen, in order to proceed to the payment of his order on the secure interface, which will formalize in a firm and definitive manner the sales contract that binds www.vintagemobile.fr. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. The online provision of the credit card number and the final validation of the order by the Customer will be considered as proof of the order and the due date of the sums for the products ordered. This validation is equivalent to signature and acceptance of all operations carried out on the www.vintagemobile.fr website.
An e-mail is automatically sent to the Customer to confirm the order, provided that the e-mail address indicated in the registration form is not incorrect.
The Customer can track the status of his order by consulting the "My Account" section on the www.vintagemobile.fr website.
Proof of the transaction
The computerized registers, kept in the company's computer systems www.vintagemobile.fr
under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
Article 4. Information on the products
In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an order, the Customer may, on the www.vintagemobile.fr website, read the essential characteristics of the product(s) he wishes to order. The Customer may select one or more products from the various categories offered on the www.vintagemobile.fr website.
The information, characteristics, photographs and graphics presented on the site www.vintagemobile.fr or in the emails sent by www.vintagemobile.fr are given only as an indication and are mostly given by the suppliers. Consequently, the difference in perception of shapes and colours between the photographs or graphics presented and the products cannot engage the responsibility of www.vintagemobile.fr.
www.vintagemobile.fr will endeavour to ensure that the photographic representation of the products on the www.vintagemobile.fr site is as faithful as possible. However, it is possible that the perception of the product(s) does not correspond completely to the products.
As soon as the products are presented in photography with other products, a description will mention what is or is not part of the product.
www.vintagemobile.fr will not incur any liability for any indirect damages as a result of the present, including in particular for operating loss, loss of profit, loss of chance, damages or expenses, which could occur as a result of the purchase of the products. www.vintagemobile.fr will not be liable for any loss of data, files or damages defined in the previous paragraph.
Availability of the products
www.vintagemobile.fr undertakes to honour orders received only within the limits of available stocks of products. In the absence of availability of the product(s), www.vintagemobile.fr undertakes to inform the Customer as soon as possible. www.vintagemobile.fr is likely to modify the range of products offered for sale on its website www.vintagemobile.fr.
Availability may vary within the same day depending on the level of sales. www.vintagemobile.fr updates availability frequently, but cannot be held responsible if the stock is no longer the same as that indicated.
The unavailability of a product is mentioned on the page of the product concerned or in the summary of the basket. If, www.vintagemobile.fr cannot obtain an ordered product from its suppliers, www.vintagemobile.fr will inform the Customer of the expected delay or complete unavailability by e-mail or telephone. The Customer will then be able to request either the exchange of the unavailable product, or the cancellation of the order and the refund of the sums paid within 30 days at the latest of their payment. No compensation for cancellation, apart from full reimbursement of the said Order, may be requested.
www.vintagemobile.fr shall not be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flood, fire.
Article 5. Prices
The sales prices of the products indicated are expressed in Euros and are inclusive of all taxes. The selling prices of the products are those in force on the date of the sending of validation of the order by the Customer. The selling prices of the products can be modified by www.vintagemobile.fr at any time.
The prices do not include the delivery costs, the costs of gift wrapping, which are charged to the Customer and which are invoiced in addition to the price of the products purchased according to the amount of the order. Delivery costs will be indicated before the final validation of the order by the Customer. The prices also do not take into account possible promotional offers and personal reductions, indicated before the final validation of the order.
Prices include the Value Added Tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of the products sold by www.vintagemobile.fr. In addition, if one or more taxes or contributions, particularly environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the products sold by www.vintagemobile.fr.
Article 6. Payment
Means of payment
The full payment must be made in full by
the Customer orders online. At no time can the sums paid be considered as a deposit or advance payment.
The Customer may pay for his order online by credit card: Carte Bleue, Visa, Eurocard-Mastercard and American Express or via the secure payment solution Paypal. The customer will indicate the number appearing on the front of his credit card, the expiry date of his credit card, the cryptogram appearing on the back of his credit card (last 3 digits).
The Customer guarantees to www.vintagemobile.fr that he has the necessary authorizations to use the method of payment that he will have chosen for his order, during the validation of his order form.
www.vintagemobile.fr reserves the right to suspend or cancel any execution of an order and/or any delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Customer, in the event of a payment dispute during administration, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of www.vintagemobile.fr.
The Customer can carry out his purchases with complete peace of mind, www.vintagemobile.fr undertakes to make every effort to ensure the security and confidentiality of data transmitted online. The site uses a secure method of payment SSL (Secure Socket Layer) which allows the encryption of bank details during their transmission over the network. The Customer can see that the transmission is encrypted by software as soon as the padlock symbol appears in his browser.
The Customer has the original invoice in the "My Account" section on the www.vintagemobile.fr website.
Transfer of ownership
www.vintagemobile.fr retains full and complete ownership of the products sold until full payment of the full price, including principal, costs, taxes and compulsory contributions.
Article 7. Delivery
www.vintagemobile.fr delivers in Metropolitan France, Corsica and Monaco. But also in Europe.
For the Rest of the World and for more information on delivery, the Customer can contact Customer Service via email firstname.lastname@example.org.
Terms and conditions of delivery
The products are delivered to the address indicated by the Customer on the order form. The Customer must check the completeness and conformity of the information he provides to www.vintagemobile.fr. www.vintagemobile.fr cannot be held responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all expenses incurred for the reshipment of the order will be entirely at the expense of the Customer.
www.vintagemobile.fr could not be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in case of total or partial strike of postal services and means of transport and / or communications).
Means of delivery
www.vintagemobile.fr offers 2 means of delivery:
1) So Colissimo (delivery: at home, post office, shopkeeper, space cityssimo, meeting place)
For all orders placed online via the www.vintagemobile.fr website and confirmed from Monday to Friday, except public holidays, before 3 p.m. on the www.vintagemobile.fr website, the order will be prepared the same day, within the limits of available stocks. An e-mail is automatically sent to the Customer when the products are dispatched, provided that the e-mail address indicated in the registration form does not contain any errors. Upon receipt of this e-mail, the Customer can take into account the carrier delays announced below:
- So Colissimo: from 48 to 72 hours
- Chronopost: from 24 to 48 hours
The delivery times indicated above are those generally observed. No reimbursement of shipping costs will be made in case of delivery within a longer period than those indicated. In addition, www.vintagemobile.fr informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays. In the case of an order that would include one or more unavailable products as well as one or more available products, www.vintagemobile.fr will ship the order as soon as all the products constituting the order are received. If the Customer wishes to receive the immediately available products as soon as possible, he is advised to isolate these items in a specific separate order.
The products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the products during their delivery.
The Customer is asked to respect these same standards when returning a product. Any damage noted on a product on return due to a problem with the level of packaging not respected may result in a partial refund or non-refund of the product in case of impossibility of resale in its current state or in case of aggravation of the technical problem indicated.
Responsibility of the Customer for the verification of the parcels at reception
www.vintagemobile.fr reminds that it is the Customer's responsibility to inspect his packages upon receipt in the presence of the deliveryman and to notify any anomaly on the delivery slip (damage, damage to the package, missing product compared to the delivery slip, broken products, delivery date not conforming to the normal delivery service deadlines ...) to the carrier, as well as to the company www.vintagemobile.fr, within two working days. In the event that such information has not been included on the delivery note presented to the Customer by the carrier, the product is deemed to be accepted by the Customer and may not be the subject of any dispute concerning its delivery.
In the case of a shipment made by La Poste, if the package arrives open or damaged, it is essential that the Customer has a "spoliation report" (report 170) drawn up by the deliveryman so that www.vintagemobile.frpuisse can open an investigation and a compensation procedure. At the same time, the Customer must confirm this anomaly by sending the carrier within two working days following the date of delivery a registered letter with acknowledgement of receipt setting out the said claims. The Customer must simultaneously send a copy of this letter (with the original of the "spoliation report" if necessary) by simple mail to : -Vintage Mobile, Xpert mobile, 3 rue de Verdusse, 81000 Albi.
Any claim received after the deadline will be rejected.
Delivery delays due to the carrier
In case of late delivery compared to the deadlines announced by the carriers www.vintagemobile.fr first suggests to the Customer to check with the carrier that the package is not pending, then if necessary to contact the Customer Service by email to email@example.com, in order to open a file of dispute or investigation to search for the package.
The Customer must declare the loss within 10 days following receipt of the dispatch notice from www.vintagemobile.fr. www.vintagemobile.fr will then take care of making the necessary claims with the carrier concerned.
If the package is found, it will be immediately re-routed to the Customer's home. If within seven working days and not due to a case of force majeure, the package is not found, the Customer may request the return of the same product at the expense of www.vintagemobile.fr or a refund of the amount paid. If the product(s) ordered are no longer available at this time, www.vintagemobile.fr will reimburse the Customer for the amount of the products concerned by the loss of the carrier.
Article 8. Right of withdrawal, return and exchange
In the context of distance selling (without the simultaneous physical presence of the parties), the Customer has, in accordance with Article L 121-20 of the French Consumer Code, a period of fourteen (14) clear days to exercise his right of withdrawal without having to pay penalties, with the exception of the return costs, which remain the responsibility of the Customer. This period starts from the day the Customer receives the products.
All requests for return or exchange, as well as all return or exchange packages received after this period will not be taken into account.
Terms and conditions
Any return or exchange must be reported in advance to the Customer Service department at www.vintagemobile.fr by contacting the Customer Service department by e-mail at firstname.lastname@example.org. Customer Service will then inform the Customer of the procedures to be followed.
Any return or exchange must be sent to the following address: Vintage Mobile, Xpert mobile, 3 rue de Verdusse, 81000 Albi.
www.vintagemobile.fr advises the Customer to enclose the invoice of the order with his return package and to indicate his will. www.vintagemobile.fr recommends the Customer to return his products by Colissimo with a recommendation or an additional insurance of the market value of the products, guaranteeing him the compensation of the products up to their real market value in case of spoliation or loss of these goods. In all cases, the return is made at the Customer's risk. In addition, it shall be the Customer's responsibility to keep any proof of return.
Condition of products
Returned products must be returned in their original packaging and in their entirety (accessories, boxes, case, cover, packaging ...).
The products must be intact, in a perfect state of resale, in a state of perfect cleanliness, they must not have been worn or used, nor have suffered any deterioration. Any product that is damaged, incomplete, or whose original packaging is damaged, will not be refunded or exchanged.
Refund of returns
In the event of exercising the right of withdrawal, the Customer may request reimbursement of the sums paid.
Reimbursement of the sums paid is made by the means of payment used at the time of the order, by cheque or bank transfer. www.vintagemobile.fr will make every effort to reimburse the Customer within a maximum period of 14 days.
Article 9. Guarantees
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold. This clause is only applicable within the framework of a complete payment of the order.
The Customer is expressly informed that www.vintagemobile.fr is not the producer of the products presented within the framework of the site within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products.
Consequently, in the event of damage caused to a person or a good by a defect of the product, only the responsibility of the producer of this one could be sought by the Customer, on the basis of the information appearing on the packing of the aforementioned product.
Moreover, www.vintagemobile.fr reminds that the products, services and information offered do not in any way replace the vigilance of adults at all times.
The responsibility of www.vintagemobile.fr cannot be engaged in case of non respect of the legislation of the country where the products are delivered. It is up to the customer to check with the local authorities the possibilities of importing or using the products or services that you plan to order.
Article 10. Responsibilities
The products offered comply with the French legislation in force and the standards applicable in France. www.vintagemobile.fr cannot be held responsible in case of non-respect of the legislation of the country where the product is delivered. It is up to the Customer to check with local authorities the possibilities of importing or using the products you plan to order.
www.vintagemobile.fr cannot be held responsible for any inconveniences and damages related to the use of the Internet network such as a break in the service, the presence of computer viruses or external intrusions and more generally all cases qualified as force majeure or made by third parties by the courts.
Hypertext links may refer to sites other than www.vintagemobile.fr. www.vintagemobile.fr disclaims all liability in the event that the content of these sites contravene the legal and regulatory provisions in force.
www.vintagemobile.fr cannot be held responsible for any indirect damage that may arise from the purchase of products. In the same way the responsibility of www.vintagemobile.fr under the obligations of the present General Conditions of Sale cannot be engaged in the event of the occurrence of an event of force majeure as defined by the French jurisdictions.
Article 11. Force majeure
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them.
The two parties shall then, within one month, unless impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the case of force majeure lasts more than three months, the present general conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: Total or partial strikes, internal or external to the company, the blocking of means of transport or supplies for any reason whatsoever, government or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the Customers.
Article 12. Personal data
In accordance with the French law "Informatique et Libertés" n° 78-17 of 6 January 1978 as amended, the Customer, the Visitor and the Recipient of an order from the site www.vintagemobile.fr have at any time the right to access, modify, rectify and delete data concerning them processed by www.vintagemobile.fr, as well as the right to oppose the processing of such data for direct commercial prospecting purposes. By default, these rights can be exercised by contacting the Customer Service department of www.vintagemobile.fr, at the contact details indicated in the "Contact" section of the www.vintagemobile.fr website.
The personal data collected during any Customer order is necessary for the management of the order by www.vintagemobile.fr and its service providers, and may be used, subject to the rights exercised by the person concerned, in order to inform him/her of the products or services provided by www.vintagemobile.fr and/or its commercial partners.
When the Customer registers or places an order, or in the context of other specific operations, www.vintagemobile.fr proposes to the Customer or Visitor to be informed of www.vintagemobile.fr's offers by e-mail, unless he or she objects. www.vintagemobile.fr proposes to the Customer or Visitor to receive newsletters, event emails and promotional offer emails.
If the Customer or Visitor no longer wishes to receive these information messages, he may at any time modify his subscription via his personal account in the "My Account" section on the www.vintagemobile.fr site, or inform www.vintagemobile.fr Customer Service at the contact details indicated in the "Contact" section of the www.vintagemobile.fr site or via the unsubscribe link contained at the bottom of each email sent by www.vintagemobile.fr.
Through www.vintagemobile.fr, the Customer or Visitor, who has expressly given his prior consent, may be led to receive by e-mail commercial offers concerning products or services provided by www.vintagemobile.fr's commercial partners. The Customer or Visitor may also change his choice at any time.
www.vintagemobile.fr uses data collection systems such as cookies. A cookie is a computer file stored on the hard disk of the user's computer. Cookies make it possible to indicate a previous visit by the Customer or Visitor to the site and to link the user to the personal data left on the site, in particular in the context of identifying the shopping basket.
Article 13. Intellectual Property
All data of any nature whatsoever, and in particular texts, graphics, logos, icons, images, illustrations, audio or video clips, brands, software... including the underlying technologies used, appearing on the www.vintagemobile.fr site are necessarily protected by copyright, trademark law and all other intellectual property rights.
For this reason and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code.
Under these conditions, the User undertakes not to reproduce, summarize, modify, alter or redistribute, without the express prior authorization of www.vintagemobile.fr, any text, title, application, software, logo, trademark, information or illustration, for any use other than strictly private, which excludes any representation for professional purposes or redistribution in numbers. Likewise, the User undertakes not to copy all or part of the site onto another site or an internal company network.
Any other use constitutes an infringement and is punishable under the Intellectual Property Act unless prior authorisation is obtained from www.vintagemobile.fr. Any total or partial reproduction of the company's catalogue www.vintagemobile.fr is strictly forbidden.
Any creation of a hypertext link from an Internet site to the www.vintagemobile.fr site must be expressly authorised by www.vintagemobile.fr. On simple request from www.vintagemobile.fr, this link must be removed.
Article 14. Entire Conditions
A change in legislation, regulations or a court decision rendering one or more clauses of these General Terms and Conditions of Sale null and void shall not affect the validity of these General Terms and Conditions of Sale. Such a change or finding could in no way allow the Customer to fail to comply with these General Terms and Conditions of Sale.
Article 15. Duration and application
The present Conditions apply for the entire duration of the online services offered by www.vintagemobile.fr reserves the right to adapt or modify the present General Conditions of Sale at any time. However, in the event of modifications, the General Terms and Conditions of Sale applicable to the order placed by a Customer on the site www.vintagemobile.fr are those accepted by the Customer on the day the order is placed.
Article 16. Applicable law and territoriality
The sales of products on the site www.vintagemobile.fr are subject to French law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between www.vintagemobile.fr and the Customer, even in case of plurality of defendants, will, in the absence of an amicable agreement, be under the jurisdiction of the courts of Bobigny or the jurisdiction of the Customer's place of residence.