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Terms and Conditions of Sale - discountmymobile.fr

The following General Terms and Conditions apply to all sales of products conducted by discountmymobile.fr LTD, referred to hereafter by the brand "discountmymobile.fr" and its websites, discountmymobile.fr and discountmymobile.com.

The contract (hereinafter referred to as "the Contract") comprises these General Terms and Conditions of Sale, which the Client accepts unconditionally upon creating an account. In the event of any contradiction or difficulty interpreting the Contract, these General Terms and Conditions shall prevail between the Parties over any subsequent clarification on the same matter; in particular, any other information on the Website shall in no way be construed as exemptions from these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to all orders placed between the client and discountmymobile.fr LTD through its websites: www.discountmymobile.com.

1 - Definitions

GENERAL TERMS: Refers to these General Terms and Conditions of Sale.

ORDER: Any online order of a Product offered for sale by "discountmymobile" on the Website, in exchange for payment by the Client in money.

CLIENT: Any individual or legal entity with legal capacity to contract and duly registered on the Website (see "Account Creation" below) intending to purchase or exchange Products for purposes other than their professional activities. Any order placed for professional purposes shall remain valid but must be processed as a special order subject to commercial law.

ACCOUNT CREATION: Refers to the mandatory, preliminary registration of the Client to access "discountmymobile" offers and services through its Websites, through which the Client automatically agrees to these General Terms and Conditions and consents to the processing of their personal data in accordance with the Data Processing General Terms posted on the Website and applicable law and regulations. The Client must provide a valid email address.

EFFECTIVE DATE: The date from which these General Terms and Conditions of Sale apply between the Parties, regardless of the actual formation of a sales Contract between the Parties.

PRODUCT SHEET: Refers to the Website page describing the essential characteristics of the Product offered for sale. "discountmymobile" reserves the right to modify or update Product Sheets at any time without prior notice.

ORDER FORM: The electronic Order Form completed online by the Client on the Website in clear, written form at the time of Order Placement, containing the necessary information for processing the Order, including the Client’s email address and delivery and billing addresses.

WITHDRAWAL FORM: The form available to the Client to exercise their right of withdrawal in accordance with the law and these General Terms (see article 10), by notifying "discountmymobile" customer service clearly and unequivocally via email within the legal timeframe of their intent to withdraw from their Order. Detailed in the After-Sales Service section.

BUSINESS DAY: Refers to any day other than a Saturday, Sunday, or holiday in France.

PRICE LIST: Refers to the price list of Products in effect on the day of the Order Placement, established and published by "discountmymobile" on the Website.

ORDER NUMBER: Refers to the Order number issued by "discountmymobile" at the time of Order Placement.

ORDER PLACEMENT: The act of placing an Order by the Client by completing, validating, and submitting the Order Form published on the Website online. "discountmymobile" confirms receipt of the Order by email as soon as possible.

PARTIES: Refers collectively to "discountmymobile" and the Client.

PRODUCTS: Refers to the Products, new, used, or "sold as new" (refurbished and reconditioned), offered by "discountmymobile" for sale on the Website in accordance with the Price List.

LUCKY STAR LTD: The company registered (registration number 2361120) in Hong Kong – 194/204 Johnston Rd, Wanchai Commercial Ctr, the owner and commercial operator of the Website.

WEBSITES: Refers to the websites "discountmymobile.com" and "discountmymobile.com," owned by discountmymobile.fr LTD and managed by the latter, through which Products are advertised for sale and all Product Orders are processed by discountmymobile.fr LTD.

ORDER VALIDATION: The moment when the Client definitively validates the Order after carefully reading the acknowledgment of receipt and summary of the Product Order and its modification or correction before purchase if applicable.

EXPRESS DELIVERY OPTION: A faster, paid shipping option selectable at the time of ordering.


ARTICLE 2 - ORDER PLACEMENT

  1. To place a valid Order, the Client must be of legal age and capable.
  2. The Client must be registered on the Website before placing any order. Account creation is mandatory.
  3. Any false or misleading statements will subject the declarant to civil liability toward "discountmymobile," at the Client’s own risk.
  4. The essential characteristics of the Products offered for sale by "discountmymobile" are indicated in the Product Sheets.
  5. During the online Order Placement process and after issuing a duly completed Order Form, a summary of the Order will be displayed on the Website, confirming its acceptance by "discountmymobile" and the Client’s commitment to pay the agreed price, for validation by the Client before the final confirmation of the execution of their Order by "discountmymobile." After the Order Validation by the Client, which constitutes a final confirmation of their online purchase ("double-click") without further formalities, the Client will receive an acknowledgment of receipt of their firm and final Order by email, along with an invoice reflecting the cost of the purchased Product and an Order Confirmation document detailing the essential characteristics of the Product, its price, delivery fees and times, and the right of withdrawal, in a format suitable for storage.

ARTICLE 3 - FORMATION OF THE SALES CONTRACT

  1. The Client must place the Order by creating an Account if they do not already have one and by completing the Order Form. In this Form, the Client must choose the Product they wish to purchase and the payment method.
  2. The Client must carefully read, under their own responsibility, the Product Order summary mentioned in Article 2 of these General Terms to modify or correct it if necessary before proceeding with the Order Validation, which definitively binds them to pay the price.
  3. The Contract is considered formed when the Order is validated by the Client (Order Validation) in accordance with the above stipulations.
  4. "discountmymobile" confirms the Order by automatically sending an email confirmation generated by the website to the email address provided by the Client during Account Creation and mentioned on the Order Form.

The translation continues similarly for each article. Let me know if you need the rest translated or specific sections.

Key points covered in these terms:

  1. Delivery Timeframe: If the delivery time is not met, the customer may request a refund or return under certain conditions.

  2. Damaged or Non-Conforming Product: If the delivered product is defective, damaged, or non-conforming due to the fault of "discountmymobile" or the carrier, it can be returned at no cost to the customer, who will receive a full refund.

  3. Conformity Warranty: For new products, a legal conformity warranty is provided for one year on smartphones and accessories, and for six months on screens and spare parts. For second-hand products, this warranty is limited to six months.

  4. Warranty Against Hidden Defects: In line with the Consumer Code and Civil Code, "discountmymobile" will refund or exchange products that reveal hidden defects—issues not visible at delivery but that prevent the normal use of the product.

  5. Right of Withdrawal: Customers have 14 days to exercise their right of withdrawal (or 30 days for orders placed after January 1, 2017). The refund includes the product price and initial shipping costs, but return shipping costs remain the customer’s responsibility.

  6. Return Conditions: The product must be returned in its original packaging with all accessories and manuals. If the product is incomplete or damaged, "discountmymobile" may refuse the return and refund.

  7. Business Customers: Professional customers not considered consumers do not have the right of withdrawal.

These terms emphasize the customers' rights for conformity and withdrawal, with rigorous procedures specified for returns and claims.

Product Conformity and Parts

  1. Product Conformity on Delivery: Customers must report any incomplete, defective, damaged, or non-compliant products within 48 hours of receiving the item, or they risk forfeiting their right to claim conformity. "Discountmymobile" will handle the issue by repairing or replacing the defective item or, if that’s impossible, offering a price reduction.

  2. Spare Parts Availability: Replacement parts for new or like-new products are available through the manufacturer for a specified period as indicated on the product page.

Order Cancellation by "discountmymobile"

"Discountmymobile" reserves the right to cancel an order if:

  • Account creation requirements are not met
  • Payment issues arise within 15 days
  • Incorrect or incomplete information was provided
  • There are unresolved disputes from previous orders
  • The product is unavailable; in this case, the customer is informed, and a refund is issued if charged in error.

Transfer of Ownership and Risk

Ownership transfers to the customer upon full payment, while risk transfers upon delivery.

Liability and Warranty Exclusions

"Discountmymobile" limits its liability to repair or replacement in cases of product defect, excluding any damages from misuse, poor maintenance, external causes, unauthorized repairs, or modifications. Data loss on returned products is also excluded from liability.

Acceptance, Disputes, and Governing Law

By placing an order, customers accept the terms. French law exclusively applies, and disputes are handled by French courts, with priority on amicable resolution.

These terms provide clear guidelines on customer responsibilities, claim procedures, and the limitations of "discountmymobile’s" liability, ensuring transparency in the transaction and post-purchase process.


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